In a much-needed and significant order, the Supreme Court of India on Thursday recognized prostitution as a profession in India and directed the Police to neither interfere nor take criminal action against sex workers. The Supreme Court of India observed prostitution as a profession and stated that sex workers have the right to dignity and equal protection under the law of India.
Those wondering is prostitution legal in India can read the significant order of the Supreme Court passed on May 26, 2022.
Is Prostitution legal in India?
On the matters pertaining to Sex workers and prostitution, a three-judge Bench headed by Justice L Nageswara Rao made a major decision on Thursday. The three-judge bench said, "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. It need not be gainsaid that notwithstanding the profession, every individual in this country has the right to a dignified life under Article 21 of the Constitution."
It is pertinent to mention here that the Apex Court also laid down 6 guidelines for safeguarding the rights of sex workers. The top court made it clear to the Police that sex workers should not be arrested, penalised, harassed, or victimised in raids on brothels as prostitution is not illegal and only running brothel is unlawful.
Notably, the Supreme Court clarified that if the sex worker is an adult and doing this with consent then the Police cannot interfere or take any criminal action against them. "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," said the Supreme Court.
Furthermore, the apex body stated that the child of the sex worker must not be separated only on the grounds that the mother is involved in the profession of sex trade. "Basic protection of human decency and dignity extends to sex workers and their children,” the court noted.
The Apex court also directed the media to not disclose the names, identities, or photos of any sex workers during raids, arrests, or rescue operations.
With these significant directions and decisions, SC has asked the Centre to give its response to these recommendations on the next date of the hearing, July 27.