Sex Workers to Live with Dignity

Introduction

As the right to life includes the right to live with human dignity elaborated by the apex court in the case of Maneka Gandhi v.Union of India.

Part III of the Indian Constitution also guarantees fundamental rights which are meant to preserve and protect people. Article 21 of the constitution deals with this right to life. The right to life is the most fundamental right of citizens and non-citizens from the alien country.

The right to live with human dignity means that every person has the inalienable right to live with dignified life without discrimination. All are entitled to claim equal respect from the state as well as from other persons.

Social equity which is the base of the Indian constitution has its suggestions in the criminal equity framework as well. The preamble of the Indian constitution clarifies that there is uniformity among all the citizens of India and the reasoning behind all people being equivalent under the watchful eye of the law including administrators and followers of the equivalent law. Each human life is valuable and beautiful. One must offer appreciation for one’s human dignity.

Who are Sex Workers?

A sex worker is a person who provides sex work either on a regular basis or occasional basis. The term is used in reference to those who work in all areas of the sex industry. The term sex worker was coined in 1978 by sex worker activist Carol Leigh. Its use became popularized after the publication of the anthology, Sex Work: Writings By Women In The Sex Industry in 1987, edited by Frederique Delacoste and Priscilla Alexander.

Sex workers may be of any gender and exchange sexual services or favors for money or other gifts. The motive of sex workers varies widely and can include debt, coercion, survival, or simply as a profession.

There are over 800,000 sex workers in India and the unofficial number is even higher, and it is also income-generating activity. The (ILO)International Labour Organization estimates that sex workers support between five and eight other people with their earnings. They also contribute to the economy.

What are the Reasons for Getting Engaged in Sex Work?

The main motive for prostitution in all groups is money. Money is cited by 85% of the prostitutes” says Kofod.

The reasons for getting engaged in sex work are as-

1. Poverty
2. Family tradition
3. Lack of education
4. Low socioeconomic status
5. Family reasons and lack of support
6. Deception by known people or forced sex
7. Deception by unknown people.

Is Sex Work a Form of Sexual Violence?

No, when an adult makes a decision of his/her own free will to exchange sex for money that is not sexual violence.

When a sex worker is the victim of a crime including sexual violence, the police should investigate and refer suspects for prosecution. When a person exchanges sex for money as a result of coercion, for example by a pimp – or experiences violence from a pimp or a customer or a victim of trafficking, these are serious crimes.

The police should investigate and refer the case for prosecution. And sex workers are exposed to high levels of violence and other abuse or harm, but this is usually because they are working in a criminalized environment. Research by Human Rights Watch and others indicates that decriminalization can help reduce crime, including sexual violence against sex workers

The Legality of Sex Work in India

Supreme Court of India recently observed that sex work is a profession like any other and sex workers should not be harassed by the police. Sex workers are also entitled to equal protection of the law. The court ruled that when this is clear that the sex worker is an adult and is participating with consent then the police must refrain from interfering or taking any criminal action.

It enables sex workers to enjoy their rights like any other citizen. It should be pointed out that sex work or prostitution is not illegal in India, however, trafficking for sexual exploitation is an offense under law. And, sex work as an organized trade that involves pimping, soliciting, exploitation, and renting out of a property for sex work are all punishable as per the Indian Penal Code (IPC) and the Immoral Trafficking Prevention Act (ITPA).

The three-judge Bench led by Justice L. Nageswara Rao said that sex workers are equally entitled to a life of dignity as guaranteed under article 21 of the Indian Constitution.

Landmark Case

Budhadev Karmaskar v. State of West Bengal

In the present case, a sex worker was brutally murdered by Budhadev Karmaskar. This incident happened on 17^th September 1999. The deceased Chayay Rani Pal Alias Buri was living in a red-light area and was a resident of Calcutta. She was a sex worker.

The appellant Budhadev kicked her with his legs and fists and she fell to the floor after which he caught her by her hair and banged her head against the floor and the wall several times which left her injured, she was bleeding through her nose and mouth. She was then taken to the hospital where she was found dead on arrival.

The Supreme Court bench consisting of Justice L Nageswara Rao, BR Gavai, and AS Bopana dismissed the appeal and observed that the right to life under Article 21 of the Indian Constitution includes basic protection of human dignity extends to sex workers and their children who, bearing the brunt of social stigma attached to their work get deprived of their right to live with dignity and opportunities to provide the same to their children.

So court also directed the Central and State governments to prepare schemes for giving technical or vocational training to sex workers and sexually abused women in all cities in India.

The Apex Court also constituted a Panel for sex workers in 2011 which worked in the following areas-

1. Prevention of trafficking

2. Rehabilitation of sex workers who wish to leave sex work

3. Condition conclusive for sex workers who wish to continue working as sex workers with dignity.

What Should the Government Do?

Same as in other fields, the government should decriminalize sex work and should ensure that sex work doesn’t face any discrimination in law or practice. They should also strengthen services for sex workers. They should also ensure that they have safe working conditions and access to social safety and public benefits.

Further, activities, regulations, and controls on sex workers need to be non-discriminatory and compliant with international human rights law. For ex-Restrictions that would prevent those engaged persons in sex work from organizing collectively or working in an environment that is safe are not legitimate restrictions.

Effects of Legalization of Sex Work

• It will give freedom to sex workers to enjoy equal rights
• Economic empowerment.
• They will also get equal respect in society.
• Sex work will be considered as work.
• The government can keep a check if no minor is involved in sex work.
• There will reduced no of rape cases and trafficking.
• There will be regular health checkups so there will be a decrease in sexually transmitted diseases.
• There will be no forced sex work as the government will keep a check on it.

Conclusion

As sex work is not new, it is an old profession in India, and with changing times the stigma and discrimination against sex workers have vast negative implications including creating an environment conducive to social exclusion, violence, etc. It can also be inferred that for issues like prostitution, there exists no requirement for any specific cure like decriminalizing, sanctioning it, etc.

Many past researches show that it is difficult to refute the fact that the legalization of prostitution bears negative and positive effects. So just providing validity to it will not be sufficient to resolve this problem rather than this, a uniform law must be made for it.

Regulation of sex work/prostitution will help to safeguard the sex workers and their children from getting exploited and it will also ensure the protection of the health of sex workers and society also. Therefore, a set of rules and regulations should be established in order to regulate this industry.

Suggestions

As per my suggestions, society should be aware and so develop the thinking they should have that they will not criticize sex workers and sex work, society should realize that they also deserve the same respect as other citizens do. Equal rights should be provided to them and government should bring more laws to protect and ensure their rights so that they can also live with dignity. Employment should be provided to all so that they can get the means to make money.

This article has been submitted by Akashdeep Kour, a student at Lovely Professional University.