A bench headed by a three-judge Bench headed by L Nageswara Rao issued six directions for safeguarding the right of the sex workers in India.
The bench said “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. It need not be gainsaid that notwithstanding the profession, every individual in this country has the right to a dignified life under Article 21 of the Constitution.”
Further, explaining the order, they said sex workers should not be arrested, penalised, harassed or victimised in raids.
They also stated that voluntary sex work is not illegal and only running the brothel is unlawful.
“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 children of the sex worker should not be seperated from mother merely on the ground that she is in the sex trade, the court stated.
“Basic protection of human decency and dignity extends to sex workers and their children,” the court noted.
