The Supreme Court of India has delivered a significant ruling on the rights and legal status of sex workers, stating that individuals voluntarily engaged in sex work must not be treated as criminals. The apex court clarified that consensual sex work is not illegal and that police action against such individuals in the form of harassment, detention, or criminal prosecution is unlawful.
A bench led by Justice L. Nageswara Rao was hearing petitions concerning the rights, rehabilitation, and treatment of sex workers by law enforcement agencies. The court reiterated that the Constitution guarantees the right to live with dignity to all citizens, and this protection extends equally to sex workers.
The court drew a clear distinction between consensual sex work and human trafficking, emphasizing that victims forced into the trade through trafficking networks must be treated as victims and provided protection. It directed law enforcement authorities not to interfere with consenting adults engaged in sex work.
Issuing guidelines on media conduct, the Supreme Court cautioned against the publication or circulation of photographs and videos of sex workers during rescue operations. It held that disclosure of identity violates their fundamental right to privacy and dignity and instructed media organizations to refrain from revealing personal details of such individuals.
The court further directed the Centre and state governments to ensure issuance of identity documents, including Aadhaar cards, to sex workers even in the absence of permanent address proof. It observed that lack of identification deprives them of access to healthcare, banking services, and welfare schemes, and also called for strict action against human trafficking networks along with strengthened rehabilitation measures for rescued victims.