SEX WORK AND THE LAW - HIV/AIDS Data Hub

Convention for Suppression of Trafficking in Persons and of the Exploitation of Prostitution of
Others. The court said that ITPA was aimed at combating trafficking, including rescuing
and rehabilitating trafficked women and the special powers given to the police did not
violate any fundamental rights. The court directed the state government to form a State
Level Rehabilitation Committee to investigate the grievances of the women and girls.
According to the Lawyers Collective, this judgment drove sex workers underground, and
the government HIV programme witnessed a decline in delivery of condoms and a rise in
prevalence of STIs. 139
Since 2009, the Supreme Court has taken a more supportive view of sex work, although
still casting them as ‘victims’ requiring rehabilitation.
Budhadev Karmaskar v. State of West Bengal 140
In 2011, the Supreme Court declared that sex workers are protected by the right to live
with dignity guaranteed by Article 21 of the Constitution of India. The Court ordered all
states and union territories to inform the Court of steps taken to rehabilitate sex workers.
The Court directed the Central government, states and union territories to prepare
rehabilitation schemes for the welfare of sex workers in the following terms:
We direct the central and state governments to prepare schemes for giving technical/
vocational training to sex workers and sexually abused women in all cities in India.
The schemes should mention in detail who will give the technical and vocational
training and in what manner they can be rehabilitated and settled by offering them
employment.
The Supreme Court set up a panel to provide recommendations on the rehabilitation of
sex workers who wish to leave sex work, and conducive conditions for sex workers who
wish to continue working as sex workers with dignity in accordance with Article 21 of the
Constitution. The Court directed the state governments and union territories to carry out
a survey of sex workers. 141 The Court stated that rehabilitation of the sex workers should
not be coercive in any manner and shall be voluntary. The Court also suggested that free
legal services be provided to sex workers through State Legal Services Authorities.
The panel recommended an order directing the state governments, local authorities and
the Election Commission to issue ration cards and voter identity cards to sex workers,
relaxing the requirements to verify an address or to specify a profession on the card. 142
Taking into account recommendations of the panel of experts, the Supreme Court directed
the centre and state governments to consider providing ration cards and voter identity
cards to sex workers as a step towards their rehabilitation. The Court requested the Centre
and States to ensure that the admission of the children of sex workers in schools is not
hampered.
139 Bose A., Bhardwaj K. (2008), Marginalised populations outside the pale, Lawyers Collective HIV/AIDS Unit,
available at: http://infochangeindia.org/hiv-aids/hiv-a-human-rights/marginalised-populations-outside-thepale.html.
140 Budhadev Karmaskar v. State of West Bengal (2011) 11 SCC 538, (2011) STPL Web 133 SC JT, (2011) 2 SC
115; the Supreme Court suo moto converted a criminal appeal relating to the murder of a sex worker into
public interest litigation on the rehabilitation of sex workers; See: http://www.lawyerscollective.org/news/
archived-news-a-articles/170-budhadev-karmaskar-v-state-of-west-bengal-criminal-appeal-no-135-of-2010-inthe-supreme-court-of-india.html
141 Apex Court appoints panel to rehabilitate sex workers in India, Jagran Post, 20 July 2011.
142 Issue ration and voter cards to sex workers: Supreme Court, Times of India, 16 September 2011.
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