सेक्स वर्कर और उनके बच्चों व् उनके अधिकार

सेक्स वर्कर और उनके गिरफ्तारी को लेकर अधिकार 

 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’. 

 the police must refrain / रोकना  from 

sex worker is an adult and is participating with consent, the police must refrain / रोकना  from interfering or taking any criminal action,” a three-judge Bench led by Justice L

 sex workers should not be “arrested or penalised or harassed or victimised” 

whenever there is a raid on any brothel वेश्यालय , “since voluntary sex work is not illegal and only running the brothel is unlawful”.

A child of a sex worker

should not be separated from the mother merely on the ground that she is in the sex trade, the court held.

 “Basic protection of human decency शिष्टाचार  and dignity extends to sex workers and their children,” the court noted.

child was trafficked or  not 

 if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.

“In case the sex worker claims that he/she is her son/daughter, tests can be done to determine if the claim is correct and if so, the minor should not be forcibly separated,” the court ordered.

if  any sex workers  lodge a criminal complaint 

The court ordered the police to not discriminate against sex workers who lodge a criminal complaint, especially if the offence committed against them is of a sexual nature. 

Sex workers who are victims of sexual assault should be provided every facility including immediate medico-legal care.

 attitude of the police to sex workers  

It has been noticed that the attitude of the police to sex workers is often brutal and violent. 

It is as if they are a class whose rights are not recognised,” the court said, calling for sensitisation.

 media should  

The court said media should 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”.

Voyeurism ताक-झांक is a criminal offence, the court reminded. 

Measures taken by sex workers, like the use of condom, should not be construed by the police as evidence of their “offence”.

The Centre and States must involve sex workers or their representatives to reform laws, the court suggested.

source the hindu