Will SC recognition of sex work as profession help change the fate of women trapped in the trade?

Bengaluru: For a long time, sex workers have been insisting on being treated with dignity and decency. Their struggle finally bore fruit on May 19 when the Supreme Court of India issued guidelines recognising sex work as a profession whose practitioners are entitled to dignity and equal protection where the police should neither interfere or take criminal action against adult and consenting sex workers. Nevertheless, this is merely a small step to overcome one of their many battles.

What the SC said

"It need not be gainsaid that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India," said the SC order­.

"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," the court observed.

Furthermore, it said, "Whenever there is a raid on any brothel, since voluntary sex work is not illegal and only running a brother is unlawful, the sex workers concerned should not be arrested or penalised or harassed or victimised."

The court also said that a child of a sex worker should not be separated from her mother due to the reason that she practices sex trade. "Basic protection of human decency and dignity extends to sex workers and their children. In case the sex worker claims that s/he 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.

Additionally, the court has ordered the police to treat the sex workers who lodge a complaint equally and not discriminate against them. Sex workers who are victims of sexual assault should be provided with each and every facility with medico-legal care.

Problems that sex workers face

Sex work, was a topic for conversation amongst several people as the movie Gangubai Kathiawadi, directed by Sanjay Leela Bhansali turned out to be immensely popular. The movie raises several questions including dignity of labour, safety and education of sex workers along with their children, and discrimination against them.

Most of them faced issues while creating bank accounts and lack the required identity documents. "Although it provides a much-needed relief, the story does not end here. We still face the same amount of prejudice as we belong to a marginalised group. Many sex workers are unable to vote, create a bank account, obtain an identity card," says Namratha (name changed).

"Various schools refuse to deliver education to a sex worker's kids due to the stigma associated with it. The verdict will definitely help us for safety and protection," expresses Sana (name changed).

What can be done by the government

Although the court's verdict brings a major change in the lives of these sex workers, there are a few more fundamental necessities that can be addressed. "We are happy that the SC has accepted sex work as a profession. However, sex workers still face discrimination in the society. For now, there are no problems caused by the cops. However, we cannot expect the changes to occur overnight and the laws have to be implemented diligently. It is necessary to accept what's legal and they have to be treated with dignity," says Geetha M, Secretary, Sadhana Mahila Sangha.

"Other facilities should be provided wherein the State can create safe spaces for them to retire. Sex work practitioners who are above 45 years of age cannot continue in the same line, hence, they should be provided with other jobs or policies which can be helpful. The Chetana scheme provides them a loan of Rs. 50,000 where a subsidy of 25,000 can be used and the remaining 25,000 has to be returned. This does not fulfil their fundamental needs as the cost of living is high in certain cities and they cannot manage their children's education with this amount. An increase in this amount would certainly be beneficial," she adds.

"The ones who are already educated can be given a job opportunity. A sex worker's child should also be given a scholarship and most schools refuse to consider such children. Ultimately, prejudice against the sex workers must not exist," she concludes.