Police Should Not Abuse Sex Workers, Media Should Not Publish Their Pictures During Raid & Rescue Operations : Supreme Court Issues Directions

Asserting that the basic protection of human decency and dignity extends to sex workers, the Supreme Court has directed that the police should treat sex workers with dignity and should not abuse them, verbally or physically.Further, the Court directed that media should not publish their pictures or reveal their identity while reporting rescue operations and stated that the offence of voyeurism under Section 354C of the Indian Penal Code should be enforced if media publishes the pictures of sex workers with their clients. The Press Council of India has been directed to issue appropriate guidelines in this regard.The Court issued these directions in exercise of power under Article 142 of the Constitution of India accepting some recommendations made by a Court-appointed panel on the rights of sex workers."...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 removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children", the Court stated."It need not be gainsaid that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India. The Constitutional protection given to all individuals in this country shall be kept in mind by authorities who have a duty under the Immoral Trafficking Prevention Act". A Bench comprising Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna clarified that the directions so passed would hold the field till the time the Union Government comes up with a legislation. The Apex Court had constituted a Panel for sex workers by its order dated 19.07.2011. There were broadly three aspects that the Panel had identified - Prevention of trafficking;Rehabilitation of sex workers who wish to leave sex work; and Conditions conducive for sex workers who wish to continue working as sex workers with dignity. The third term of reference was eventually modified to conditions conducive to sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution of India. After consulting stakeholders, the Panel had submitted a comprehensive report. Subsequently, in 2016, when the matter was listed, the Union Government had informed the Court that the recommendations made by the Panel were under consideration and a draft legislation was published incorporating the same. In view of the fact that the said legislation has not yet seen the light of the day, even when the recommendations were made in the year 2016, the Apex Court thought it fit to exercise power under Article 142, to provide guidelines, as it did in Vishaka And Ors. v. State of Rajasthan And Ors., till the legislation is in force. It noted - "In a catena of decisions of this Court, this power has been recognised and exercised, if need be, by issuing necessary directions to fill the vacuum till such time the legislature steps in to cover the gap or the executive discharges its role."The Bench reiterated that the right to life extends beyond the protection of limb or faculty to include the right to live with human dignity and the bare necessities of life like adequate nutrition, clothing and shelter and also the right to carry on activities that constitute the bare minimum expression of human-self. Acknowledging the right to life with dignity, undoubtedly, extends to sex workers and their children, the Bench directed State Government to act in strict compliance of some of the recommendations made by the Panel, which were also accepted by the Union Government.The Court has directed the States and Unions to act in strict compliance with the following recommendations made by the panel : Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with Section 357C of the Code of Criminal Procedure, 1973 read with "Guidelines and Protocols: Medico-legal care for survivor/victims of sexual violence", Ministry of Health and Family Welfare (March, 2014).The State Governments may be directed to do a survey of all ITPA Protective Homes so that cases of adult women, who are detained against their will can be reviewed and processed for release in a time-bound manner.It has been noticed that the attitude of the police to sex workers is often brutal and violent. It is as if they are a class whose rights are not recognised. The police and other law enforcement agencies should be sensitised to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. Police should treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual ...

Police Should Not Abuse Sex Workers, Media Should Not Publish Their Pictures During Raid & Rescue Operations : Supreme Court Issues Directions

Sohini Chowdhury

"Notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21"

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