- The Hon'ble Supreme Court, while exercising its right under Article 142 of the Indian Constitution, asserted that notwithstanding the profession every individual has a right to live with dignity and this right also extends to sex workers.
- The Apex Court has directed the police to treat sex workers with a certain dignity and not use abusive language with them.
- The Hon'ble Court has also directed the media to not publish their pictures or reveal their identity during rescue operations and further said that doing so is punishable under Section 354C of IPC.
- On 19.07.2011, the Apex Court has constituted a Panel regarding sex workers and the issues they face. Three broad aspects that the Panel identified were; prevention of trafficking, rehabilitation of those who wish to leave and a conducive environment for those who wish to continue working with dignity.
- In 2016, the Union Government told the Court that the recommendations of the Panel were under consideration and a draft legislation is in the process to be published.
- As more than six years passed and still the legislation never saw the light of the day, the Apex Court thought it best to use its power under Article 142 and issue guidelines on the same.
- A three judge bench comprising Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna elucidated that these directions would be followed till the time the Union Government came up with a legislation.
- The Court has directed the Press Council of India to issue suitable guidelines for the same.
- The Court reiterated that the right guaranteed under Article 21, extends beyond protection of body or faculty and includes, inter alia, the right to live with a certain dignity and the bare necessities to sustain life.
- This right has been guaranteed to every citizen of this country and cannot be taken away unless through procedure established by law.
- Denying the rights of sex workers would not only be unjust and would also be violative of the principles laid down in the Indian Constitution.
- Even though this is not an unprecedented step as in 1997 also, the Apex Court exercised its power under Article 142 and issued guidelines regarding sexual harrasment at workplace in Vishaka & Ors. v. State of Rajasthan.
- Nonetheless, this is a commendable step by the Hon'ble Supreme Court to protect the rights fundamental rights of sex workers and their children, who bear the brunt of social stigma and are deprived of their to be treated with decency and dignity.
"Loved reading this piece by Megha Nautiyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
