Sex work existed all over the world since ancient times. A global agitation is taking place for dignity and freedom of sex workers. On May 26th, ‘The Hindu’ reported that the Supreme Court has recognized sex work as ‘Profession’ and made Legal.
According to the sources, the apex court has given orders to recognize sex work as a ‘Profession’ and made ‘Legal’. The practitioners are given dignity and equal protection under law. It has directed the police not to take criminal action against the consenting sex workers. The court also added “every individual in this country has a right to have a dignified life under Article 21 of the Constitution.”
The Bench
As stated in the report a three judge bench led by Justice L. Nageswarao observed, “Sex workers are entitled to equal protection of the law. Criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’. When it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action,”
The Bench issued orders that sex workers shall not be arrested or penalized or harassed or victimized while raiding a brothel. The bench mentioned that voluntary sex work is not illegal for any major, but running a brothel is unlawful. However, if a minor is found living with sex workers and claimed to be a son/daughter, then tests are done and the claim is to be determined.
Medico-legal care
As reported the Bench added that the sex workers are equal under law and should not be discriminated. The sex workers who are victims of sexual assault should be provided proper medico-legal care. Also mentioned that media should work with utmost care not to reveal the identities of the sex workers during raid and rescue operations.
Similar Verdict
Previously, in 2002 the Brazilian Ministry of Labor and Employment included Sex Professionals in their government’s Classification of Occupations. Sex workers got access to social benefits as government work.
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