07 Jun Rights of the Sex Workers : An analysis in special context to Human Rights and Human trafficking
Rights of the Sex Workers : An analysis in special context to Human Rights and Human trafficking – Today Current Affairs
Context :
Recently the Supreme Court issued an instruction regarding the rights of sex workers in the case of Budhadev Karmaskar v. State of West Bengal & Ors. Honorable supreme court stated that sex workers and their children cannot be deprived of their right to live with dignity and human decency.
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Introduction
- For long time , the issue of the rights of sex workers have been raising by several NGOs and in 2011 a panel was constituted by the supreme court regarding the observations of the conditions of the sex workers . However this panel also recommended several suggests to improve the status of the sex workers and the recent instructions given by honorable supreme court in the case of Budhadev Karmaskar v. State of West Bengal & Ors. should also been seen in this regard . On the ground of the profession , no person can be deprived from the fundamental rights however the profession is legal and illegal. If the profession is illegal, the person should be punished as per the law but still he/she cannot be deprived of the right to live with dignity.
- The panel of 2011 gave 10 recommendations to the government of India; the court directed the government to implement the other six recommendations as well as the provisions of the Immoral Traffic (Prevention) Act (ITPA) of 1956 among these recommendations .
Some others recommendations : The Hindu Analysis
- Government should provide medical assistance to sex workers who are victim of sexual harassment
- Adults sex workers should be released if detained
- To make the police and other law enforcement agencies regarding the rights of the sex workers. The Hindu Analysis
- Government should issue proper guideline not to disclose the identity of ny sex workers and the debates on their sexual activities, raid and rescue operations
- Sex workers should also be trained for using the safety measures .
- Government/ police should not not consider health measures that sex workers employ for their safety (such as condoms) as evidence of commission of an offence. The Hindu Analysis
- Government should ensure to provide legal assistance to all sex workers if needed
- Every sex workers should be educate regarding the sexual deceases
- The children of the sex workers should be cared by the government .
- Government should arrange proper education of the children of the sex workers
- However there are several provisions were already existed in Cr.PC regarding the victim of the sexual assault but generally in the case of sex workers police do not take action because police think that this is the profession of sex workers also hew they can be victim of sexual assault. The Hindu Analysis
- Actually the proper definition of the sex workers are not maintained in ITPA or any other law even on the ground of age , sex workers are not defined . As per the ITPA (as amended in January 1987), the term prostitution refers to that person who offer her body for the sexual intercourse in revert of the money . Therefore because of this reason , the prostitutes re not generally considered as the sexual victim.
- Generally it may be considered that , there is nothing wrong if any person has sexual intercourse with any prostitutes without her wills and if money is paid for that . So there is the need of the definition of the sexual exploitation of the sex workers also . The term consent must be added in this definition. The sexual intercourse should not be allowed with any lady without her consent whether she is the wife, she is the sex worker or any of the person . Consent is related to the dignity of the person
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Conclusion
- As per the above analysis it can be said that , every human being has the human right whether she is prostitutes , or common citizen, transgender etc. Nobody can be deprived of general human rights . Every human has the right to live with dignity and every human being has the right to decide his physical partner .Any person should not be deprived of this right . Sexual intercourse should not be forcefully done even with the wife/husband or transgender or professional sex workers . In sexual intercourse the consents of the both the persons are required. And every human being may be the victim of sexual harassment . we should not think that the professional sexual workers can not be sexually harassed . Therefore , our society should come forward in this matter and definitely the right of every human irrespective to their profession caste, creed, gender , race must be protected
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Source : The Hindu
GS paper I , II, Essay
Plutus IAS Current Affairs Team Member
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