By : Aayushi Bopche
Abstract :
Prostitution is one of the oldest occupations of the India for ages. Sex workers are always seen as sexual objects for fulfilling someone's sexual need. The question is whether the sex workers have any human rights or not or whether they are only seen as a sexual objects. International covenants on human rights along with the rights of women and also the Constitution of India protects the right of individuals against discrimination but none of them protects the rights of sex workers. Sex workers too face rape, sexual assault, beating, discrimination but none of them get any protection or rights against these crimes. This article seeks to see whether sex workers have any human rights or whether Indian legal system protects the rights of sex workers.
Keywords: - Prostitution, sex workers, human rights, protection
Historical Background :
Sex workers are those who involve in sexual activities also known as prostitutes. According to Indian history prostitutes are also known as 'Devadasi'. From the historical text, it is proved that the Devadasi were treated with full respect and honor by everyone. Only kings and Mughal's are allowed to touch them. during the Brahamana period, they were called as ‘Vishya’ or ‘Beshya' means they can be approached by any man. Then Britishers came to India they brought prostitution in India. By exchange for money they offer prostitutes and due to this roots of human trafficking starts growing in India. After this prostitutes use to sell their bodies for money and this started as a business. Along with the time, this business starts getting bigger and deeper its root in India. It spread all over India. During the time the assault and other offenses were also faced by sex workers and didn't got any protection by any rights.
Legal provisions :
The Preamble of the Constitution of India protects the right to liberty, equality, justice, and dignity of every individual. The Constitution of India under Article 15 provides for the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth and Article 23 provides for the prohibition of trafficking and all forms of exploitation. The International Convention for the Suppression of Traffic in Persons and Exploitation, 1950, to which India was a signatory and also ratified it. Thereafter the Immoral Traffic (Prevention) Act, 1956, was passed by the Central Government which aimed to inhibit and abolish the commercial vice of trafficking in women, men and children for prostitution as an organized means of living.
Other legislation provides for the protection of human rights in India like the Protection of Civil Rights Act of 1955, the Protection of Human Rights Act, 1993, the National Commission for Women Act, 1990 and provisions of the Indian Penal Code, 1860.
The Bombay High Court also in one case said that "Prostitution not an offense; adult women has the right to choose her vocation" and cannot be detained without her consent. Prostitution had not been considered a criminal offense under the Immoral Traffic (Prevention) Act, 1956.
The Supreme Court of India in the landmark case of Budhadev Karmaskar v. State of West Bengal has observed and recognized that the right to life is the basic human right guaranteed to every individual including the sex workers. The Court directed the State to provide for the recommendation, on the rehabilitation of sex workers wherein the sex worker wants to quit their work on their own volition and also provide for a suitable environment where the sex worker wishes to continue working, in light of Article 21 of the Indian Constitution.
Recommendation :
Firstly, it is recommended that the definition of the workplace under Section 2 (o) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as Sexual Harassment at Workplace Act, 2013), should be widened to include the sex workers who are working in the brothels. The sex workers should be taken into consideration under the definition of employees under the Sexual Harassment at Workplace Act, 2013. The prostitutes or sex workers too face sexual harassment, rape, assault. Some are forced to do this profession and once they enter this profession there is no going back. Police also don’t help them and take advantage of their sexual pleasure assuring them for help. Their workplaces, here the brothels, should be recognized as a workplace under the Sexual Harassment at Workplace Act, 2013, so that at least they can take the help of the judiciary to protect their right and dignity. Sex workers too have the right to live with dignity, work with dignity. They too have the right to hear, the right to get justice. Just because they are sex workers it doesn’t mean that anyone can sexually assault them without their consent.
Conclusion :
In India condition of prostitutes or sex workers are very worse. They don’t even have basic human rights. This society consider their profession as sin. They only treated as a sexual object. Society doesn’t even consider them as human beings. The female sex workers didn’t have any women’s right not they treated with respect or dignity. Sex workers have to face discrimination and there is not a single judicial remedy to protect their human rights. Due to growing profession of prostitution some have to forcefully enter in this. Force prostitution should be punished but those who voluntarily choose this occupation should be legal and treated equally. Because of financial condition women have to sell their bodies in exchange for money. They face assault, harassment too but just because of their profession they don’t get protected by any fundamental human rights. They are women and humans too. Without their consent no one has the right to tough them. They have all the human rights and women rights to work with dignity, live with dignity and like other occupation, their occupation should be treated with respect and equality. Police should also treat them with respect while registering any complain by them, they should see them as humans , as women not just a sex worker or prostitute.
This society need to change their view against them. This is the only profession which face so much discrimination, brutality, insult and doesn’t have any human rights to get justice. India is a democratic country, anyone here can choose any profession, any religion, without facing and inequality or discrimination.
References :
- http://www.capinternational.org/wpcontent/uploads/2016/11/ProstitutionUnderIntlHumanRightsLawEN.pdf
- https://www.amnesty.org/en/latest/news/2015/08/sex-workers-rights-are-human-rights/
- https://www.iurisjura.com/post/recognising-the-human-rights-of-sex-workers-in-india-their-rights-and-issues
- https://www.abc.net.au/news/2014-03-01/an-nz-prostitute-harassment-case/5292738
- https://indiankanoon.org/search/?formInput=rights+of+sex+workers
- https://www.livelaw.in/
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