The Centre in Supreme Court has raised certain reservations in respect of the recommendations made by the panel that sex workers should not be arrested or penalised or harassed or victimised as voluntary sex work is “not illegal” and only running the brothel is unlawful.
A Supreme Court-appointed panel has recommended various guidelines including one that “Whenever there is a raid on any brothel since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers concerned should not be arrested or penalised or harassed or victimised.”
“Needless to say, this basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are pushed to the margins of society, deprived of their right to live with dignity and opportunities to provide the same to their children,” the Supreme Court said in response to the Centre’s reservations about some of the panel’s recommendations.
“It need not be stated that, irrespective of occupation, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India,” the top court added.
According to Additional Solicitor General Jayant Sud, the Central government has voiced reservations over the recommendation that “voluntary sex work is not illegal and only maintaining a brothel is outlawed, with no action taken against sex workers.”
The Government of India has accepted some of the recommendations given by Justices L. Nageswara Rao, B.R. Gavai, and A.S. Bopanna, and the Apex Court has now ordered states to execute them.
“On the basis of ‘age’ and ‘consent,’ criminal law must apply equally in all circumstances.” The police must refrain from interfering or taking any criminal action when it is evident that the sex worker is an adult who is participating with consent, according to the Supreme Court.
It has allowed the central government six weeks to respond to and implement the suggestions, with a deadline of July 27, 2022.
The court also ordered that sex workers’ Aadhar cards be issued on the basis of a proforma certificate.
