Open Access Research Article
RIGHTS OF SEX WORKERS IN INDIA
Published Paper
Article Details
RIGHTS OF
SEX WORKERS IN INDIA
AUTHORED BY - SNEHA SANTHOSH, PUNNYA PR & YUMNA KP
When it is
clear that the sex-worker is an adult and participating with consent, the
police must refrain from interfering or taking any criminal action”. This was
decreed by a 3-judge bench of the Supreme Court in the 2022 landmark case
of Budhadev Karmaskar v. State of W.B[1].
The court directed that the recommendations from a panel constituted in its
earlier order of 2011 be implemented by all the states/UTs. One of the
recommendations was for various governments to involve sex-workers while making
policies concerning them. Two years
since the ruling, the legislature is yet to act.[2]
The rights
of sex workers in India have long been a topic of debate and concern, as they
face social stigma, discrimination, and legal challenges, despite their
contributions to the economy. Sex work, though criminalized under sections of
the Indian Penal Code (IPC), is not illegal per se in the country. However,
laws such as the Immoral Traffic (Prevention) Act (ITPA), 1956, continue to
regulate and penalize aspects of sex work, such as solicitation and brothel
management, without addressing the rights of the workers themselves.
Sex workers
in India are often marginalized and denied basic human rights, including access
to healthcare, education, and legal protections. They face exploitation, abuse,
and violence from clients, law enforcement, and even their own families. The
stigma surrounding their profession frequently results in their exclusion from
mainstream society and reinforces economic vulnerability, making it difficult
for them to break free from cycles of poverty and exploitation.
Despite
these challenges, numerous organizations and activists have been advocating for
the decriminalization of sex work and the recognition of sex workers’ rights as
workers. These efforts emphasize the importance of ensuring safer working
conditions, preventing human trafficking, and providing access to social
security and legal protections. Advocates argue that decriminalizing sex work
would not only reduce exploitation but also empower sex workers to assert their
rights and seek justice when needed.
In recent
years, there have been some positive developments, such as the recognition of
sex workers as workers in the formal labour sector in some parts of India, but
much remains to be done. To truly protect the rights of sex workers, a
comprehensive legal and social reform is essential, focusing on empowerment,
dignity, and equal rights for all individuals regardless of their profession.
Although
India has ratified several international covenants on women rights and has a
constitution that expressly condemns discrimination and exploitation based on
sex and gender, it has not been successful in effectively guarding and
promoting the human rights of women, especially sex workers in India. This sad
state of affairs is manifested by the intensity and extent of violence that
exists in the sex industry, discrimination at the hands of the police and
judiciary, exploitation during employment, concerns relating to health, safety
and security of the sex workers and their children, presence of minors in the
sex industry, issues of lack of consent and consultation, extortion and
pimping, abjuration of self-determination and psychological abuse. The paper
highlights the plight of sex workers in India and reflects on the challenges
that are encountered by them. The existing policy framework for protection of
sex workers’ rights through techniques of rescue and rehabilitation is
ineffective in safeguarding their interests since it is governed by the
principle that sex work is immoral. Therefore, the paper proposes an
alternative hypothesis which revolves around the idea of redefining
prostitution as sex work and further on, legalising and decriminalising sex
work in order to protect the human rights and health of sex workers in India.
Article Information
RIGHTS OF SEX WORKERS IN INDIA
Authors: SNEHA SANTHOSH, PUNNYA PR, YUMNA KP
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/12
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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