‘HUMAN RIGHTS OF THE SEX WORKERS
RISHIKA AHUJA, semester 6 Amity Law School,
A country like India is among those nations which are developing in its character and it does not come into the list of developed countries. So if the country is developing in its nature it will be preoccupied with many issues related to social, political and economic. One of the most glaring issues which demand immediate legislation is ”HUMAN RIGHTS OF THE SEX WORKERS”. The reason for effective legislation in the country like India is asked because we know there is a violation of human rights in the lives of the citizens in some of the other way but especially in the lives of sex workers and prostitution. As we know the constitution of India which is given the status of supreme law of the land which clearly mentions in article 15 that the state will not discriminate in giving incentives to the citizens of the country on the basis of sex, colour, race, caste, religion etc though we see discrimination done to people who are engaged in work of sex. In India because of certain factors like lack of education, orthodox views etc the work of sex is treated to be a dirty work and immoral too for that reason and the people are asked to stay away from these people. Just because the sex work is not treated as work they are denied of basic rights and their families, therefore, women cannot access good healthcare and are often subject to abuse, violence, and exploitation by police and government officials, while their children face harassment in schools and the workplace too. The reason for looking down on the sex workers is because of not having a clear vision on this type of work by people in the country like India and more problems are created by media which regarded as the fourth pillar of the constitution which tries to portray the image of women in prostitution as either overly sexual outcasts who threaten the very structure of Indian family life, or abused and exploited victims. While there is situation where women’s are the victims of trafficking in sex work in recent times, and there are the majority of women in sex work also consent for doing this work. It is completely their decision to make money from sex. There are two categories of sex workers first that all people in sex work have been coerced, bribed, blackmailed or forced into the trade that no woman could “choose” to be in sex work, to make money from sex, therefore, this relates with sexual exploitation. Secondly is that sex work is a legitimate business and should be treated as such. Approaching sex work from a business point of view allows women and men involved in the trade to demand their business rights, human rights and occupational health and safety regulations. The law dealing with the sex workers is Immoral Trafficking (Prevention) Act (ITPA) of 1986 which tries to prevent trafficking of persons in India and prohibits outward manifestations of sex work, including brothel operating. The act does not specifically prohibit prostitution, but law enforcement officials have continuously used it to harass sex workers. There was a sex worker stated that at night police officers would come and do sex with without using precautions and later make a case against them without any reason. So as long as the law gives the authority to the corrupt police officials and government authorities, stories such as this would be in more talk across the country.
The solution is the change of mentality and allows the sex worker to have access to the human right. The sex worker is not a threat to the society nor have any bad impact on the Indian family culture. They are capable enough to demand their rights. So the society instead of showing sympathy to these workers shall break their own narrow misconceptions and judgments made by the sex worker and start giving and respecting this work great value and like the business.