It was the fateful night of September 17, 1999. Dirty, waterlogged streets of Jogen Dutta Lane were engulfed with smells of liquor, food, sweat and urine. The evening rush for the sex trade was at its peak in North Kolkata’s infamous redlight area. Women with flashy, revealing clothes and their pimps were trying to lure the customers to come inside the squalid, small rooms which were overpowered with twinkling multi-coloured lights and jasmine fragrance. At that very moment, a man entered a building and forced himself on a 45-year-old sex worker. After refusal by the woman, an altercation took place. The man assaulted the woman mercilessly and smashed her head with a wall that subsequently led to the latter’s death. This gruesome murder was the reason behind Supreme Court’s landmark judgement on ‘Budhadev Karmaskar vs State of West Bengal’ case in which the Apex court invoked Article 21 of the Constitution to assert that sex workers too have a right to live a life of dignity.
SC’s suo motu cognisance
By taking suo motu cognisance on the plight of sex workers, Supreme Court in July 2011, appointed a committee to assist and advise the court to formulate directions for prevention of trafficking and work on rehabilitation of sex workers who are willing to quit sex work. It was also tasked with providing a conducive environment for sex workers to live with dignity in accordance with Article 21.
The Supreme Court-appointed panel submitted its report in September 2016. The committee noted that sex workers throughout the country find it difficult to get benefits of various government schemes meant for their rehabilitation due to lack of documentation. They did not get Voter Identity cards or ration cards due to lack of residence proof. They also had no access to credit offered by the state as the lack of documents prevented them from opening bank accounts. The committee also recommended amendments to the Immoral Traffic (Prevention) Act, 1956 (ITPA).
Centre’s never-ending delay on legislation
The Union government time and again told the Supreme Court that recommendations made by the panel were under consideration and draft legislation in this regard would be brought in Parliament.
However, years passed. Later, on a plea filed by Durbar Mahila Samanwaya Committee – a collective organisation of nearly 65,000 sex workers – the Apex court in September 2020, directed all the states and union territories (UTs) to provide free dry ration to sex workers identified by National AIDS Control Organisation (NACO).
In November 2021, the Additional Solicitor General had assured the court that an act regarding prevention of trafficking and rehabilitation would be tabled in the winter session of the Parliament. However, it was all Henry and no Kissinger.
‘Sex work also a profession’
After repeated adjournments by the Centre, a bench led by Justice L Nageswara Rao of the Supreme Court exercised powers conferred under Article 142 of the Constitution to observe that voluntary sex work is a profession like any other and asked states and UTs to implement six out of the 10 recommendations made by the Supreme Court-appointed panel.
The recommendations included the provisions such as providing immediate medical assistance to sexually assaulted sex workers, sensitising law enforcement agencies about their rights so that police don’t abuse them physically, verbally or sexually and conducting surveys of ITPA-protected homes by states and release of adult women detained against their will. It also advised media not to telecast or publish their pictures during raids and rescue operations among others.
Govt’s reservation
The Centre had reservations on four recommendations meant for rehabilitation of sex workers such as no criminal action against an adult sex worker participating with consent, arresting only brothel owners and not the workers, inclusion of sex workers in policy-making process, no child of a sex worker should be separated from the mother.
Dignity deferred:
Some say that prostitution is world’s oldest profession although they might have poor insights into farming. Whether new or old, in 21st century no section of society should be devoid of living with a sense of dignity. It can be mentioned here that it is absolutely inhumane and illegal to force someone into sex trade. We are in no hurry to promote or mainstream the profession. But, those with voluntary participation irrespective of their reason for involvement, should be treated as humans rather than mere objects.