In Focus Podcast | How does the recent Supreme Court judgement redefine voluntary sex work in India
A recent Indian Supreme Court judgment clarifies the legal distinction between voluntary sex work and human trafficking. The ruling mandates that authorities must determine consent before placing women in rehabilitation homes.
Why it matters
This landmark ruling significantly impacts the legal rights of sex workers in India and challenges traditional approaches to rescue and rehabilitation.
When someone says ‘sex work’ in India, what do you assume? That it is illegal and that everyone involved in it is probably a victim of trafficking? The reality however, is far more nuanced. An adult engaging in voluntary sex work is not a crime in India. Running a brothel, public solicitation, other activities connected to sex work and human trafficking, however, are crimes. About two weeks ago, the Supreme Court delivered a landmark judgement hinged on this distinction spelling out clearly that a voluntary sex worker could not be treated in the same manner as a trafficked victim. It said that a raid cannot now sweep up all women found in red light area and confines them in protection homes – it must determine if she is a victim of trafficking or a voluntary worker and that the woman’s consent must be the primary consideration when it comes to rehabilitation.
The article presents the legal nuances of the judgment and invites expert commentary, maintaining a balanced perspective on a sensitive social issue.
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