International sex worker’s day2022: The day this year is different for scores of sex workers in India in the backdrop of the recent Supreme Court judgment which directed the law enforcement agencies to recognise prostitution and entitled sex workers with equal dignity enshrined in the constitution.

Each year on the 2nd of June Network for Sex worker projects (NSWP) focuses on the theme of access to justice when commemorating International Sex workers day. The Supreme Court direction recognising prostitution as a profession and emphasising that sex workers, like any other profession, are entitled to dignity and constitutional rights is a shot in the arms for the sex workers who have been demanding a ‘life of dignity.

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Although prostitution was never illegal in India,  sex workers were being harassed often and subjected to police atrocities and inaction for various reasons. The current apex court directives reinstate prostitution at par with any other profession and distinguish the police action for ‘consenting sex workers’ and several activities under India Penal Code (IPC) which are punishable by law-pimping, renting out property for running the brothel etc.

SC recently issued a momentous decision recognizing prostitution as a profession, a long-awaited step toward bettering the lives of Indian sex workers.

According to UN estimates, nearly 40 million people have worked as sex workers in the United States alone since 2009. Other jobs in the category of sex workers include pimps and sex content creators, but they face far fewer risks in their work.

History of international Sex workers Day

On June 2, 1975 around 100 sex workers stormed Lyon’s Saint-Nizier Church. For eight days,  women besieged the cathedral, demanding an end to police discrimination against sex workers and better working conditions.  Women’s protest was motivated by the escalating violence faced by sex workers. The movement brought the situation of sex workers to the attention of the general public.

In the 1970s, French police increased their pressure on sex workers. As a result, sex workers’ protection deteriorated, leading to increased violence against them. Sex workers in Lyon stormed the Saint-Nizier church in rue de Brest and went on strike after two murders and the government’s refusal to address the situation. Workers on strike performed political chants and sought better working conditions as well as an end to stigma.

Sex workers confronted severe barriers to justice, as they are frequently charged with crimes and harassed while being victims.

Supreme Court Judgement for Sex Workers

Following the Supreme Court’s recent decision to recognize prostitution as a profession, Justices L. Nageswara Rao, B.R. Gavai, and A.S. Bopanna issued six recommendations to promote and protect sex workers’ rights.

– Sex workers are entitled to equal protection of the law. Criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’. 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.

There have been concerns as police view sex workers differently from others. When a sex worker makes a complaint of criminal/sexual/any other type of offence, the police must take it seriously and act in accordance with the law.

– 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).

– 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.

– 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 towards 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 activity.

– The Press Council of India should be urged to issue appropriate guidelines for the media to take utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not to publish or telecast any photos that would result in disclosure of such identities. Besides, the newly introduced Section 354C, IPC which makes voyeurism a criminal offence, should be strictly enforced against electronic media, in order to prohibit telecasting photos of sex workers with their clients in the garb of capturing the rescue operation.