About a year ago, Supreme Court of India declared "Prostitution is a profession like any other profession. Sex workers are entitled to equal status and equal protection under the law of the land."
"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. ... 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."
Sex workers are also entitled to equal protection and dignity in the eyes of the law. A sex worker is an adult and is doing so subject to consent. In this case, the police will not be able to intervene unnecessarily. Article 21 of the Constitution gives every citizen of the country the right to live a dignified life.
"...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 removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children."
However, voluntary sex work is legal, running a brothel is illegal in India, as per existing laws covering sex work and human trafficking. The Parliament is yet to make proper laws governing and regulating the sex trade industry.
I strongly believe that sex workers' should be treated with respect and their work, working conditions need to be regulated and sex work needs to be decriminalised in order to safeguard their basic human rights, and save them from exploitation and abuse.
Decriminalisation is a way to empower sex workers to combat the violence and discrimination they commonly face. Punitive laws that criminalise and punish sex work act as instruments through which sex workers are harassed and regularly have their human rights violated by law enforcement agencies, health authorities and non-paying clients.
The health and safety of sex workers is undermined by the continued criminalisation of sex workers, their clients and the organisation of their work, as well as the repressive use of other kinds of laws. Punitive legal environments and practices lead to multiple violations of sex workers’ rights, including the rights to life, liberty, and security of the person, safe working conditions, privacy, equality, freedom from torture and other cruel, inhuman or degrading treatment and the highest attainable standard of health.
The distinction between sexual exploitation and consensual adult sex work is crucial as it enables sex workers and their advocates to legally contest oppressive and forced sex work towards creation of safe and dignified work conditions for sex workers.
TLDR : I strongly believe that sex workers' should be treated with respect and their work, working conditions need to be regulated and sex work needs to be decriminalised in order to safeguard their basic human rights, and save them from exploitation and abuse.
Do you think Decriminalisation of Sex Work will lead to breaking of the social fabric of the country?
Thoughts?
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