Sex work in India, despite having legal sanctions was looked down upon and sex workers are treated with contempt. They are not only socially shunned but also subjected to brutal violence by the police.
Why were they treated as such? Because in society’s view, sex work is immoral and is considered to be an abominable activity. By extension, sex workers were also seen in the same light by people. However, there’s a hope that things won’t remain bleak for much longer.
The Supreme Court’s recent verdict on sex work is being hailed by different sections of society, sex workers and other NGOs who work for the welfare of sex workers because it recognises voluntary sex work as a “profession”.
The apex court told police should neither interfere nor take criminal action against adult and consenting sex workers.
The court issued this direction recognising that sex work is also a profession whose practitioners are entitled to dignity and equal protection under the law.
A three-judge bench led by Justice L Nageswara Rao, in an order, passed after invoking special powers under Article 142 of the Constitution, directed, “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 also directed the police that sex workers shouldn’t be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel, “since voluntary sex work is not illegal and only running the brothel is unlawful.” “Basic protection of human decency and dignity extends to sex workers and their children,” the court noted.
The court’s order is a welcome one and will probably initiate a change in the way we view sex work. While many are happy with the court’s order, there are members of society who are extremely displeased and took to social media to express their disdain over the decision.
Many even went to a length to “warn” the apex court of riots to oppose their unfavourable statements. “How to stand against Supreme Court and make them take back their statement? They should know if the public isn't comfortable with their decisions, there will be riot against them They are Not GODS,” a user wrote.
The landmark ruling has also unleashed a barrage of misogynistic memes and brought to the fore misogynistic attitudes of people in society.
Why do we treat sex work with such contempt?
What is it about the profession that makes one repulse? Why do we think that sex work destroys the moral fabric of our society? Why are sex workers treated as children who need saving and shelter?
Sex work is not immoral so long as valid consent is obtained; it is a combination of consensual sex and contractual exchange between two informed and consenting adults. Moral issues don’t crop up with sex work when two consenting adults agree and fulfil the terms of a contract.
Secondly, people largely conflate sex work with human trafficking which is a problematic aspect. There is indeed an overlap between sex work and trafficking but they are not the same issue. To tackle the issue of trafficking, one needs to understand the multiple facets of it which can be traced back to systematic issues like poverty.
While a section of society wants sex work to be entirely criminalised, some propose the Nordic Model which criminalises buying of sex.
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How will criminalising sex work and sex workers help resolve those systematic issues? Will it not push those trafficked further away since it will limit their access to legal protection, and healthcare?
India’s take on sex work borders on Nordic Model and yet has proven to be ineffective. Hopefully, with Supreme Court’s direction to Delhi Police, required changes can be made.
If the Union government accepts the apex court’s decision, sex workers will be able to afford equal legal protection, the police will have to act in accordance with the law if they report abuse or another criminal or sexual offence. Sex workers who go through sexual assault will have to be provided the same relief as any survivor, including medical care.
This acknowledgement will help address the issues like trafficking, forced sex work etc since sex workers will have access to legal remedies like other women.
Views expressed are the author’s own
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