Don’t Punish “Consenting” Adult Sex Workers: Supreme Court Panel

An SC panel says the police shouldn’t bother adult sex workers “participating with consent”: Reports

“No action should be taken against a prostitute’s kin living on her earnings unless it is proved that they forced her into the trade”. (Photo: Reuters)

A Supreme Court panel working on measures to improve working conditions for sex workers has said that the police should not interfere or take criminal action against adult sex workers “participating with consent”, according to a report by Hindustan Times.

Whenever there is a raid on a brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers should not be arrested or penalised or <a href="http://www.hindustantimes.com/india/adult-sex-worker-participating-with-consent-should-not-be-arrested-sc/story-plLs1o0QIcPRMqNjmz2PPM.html">harassed or victimised</a>.

According to Hindustan Times, the panel recommends deleting the offence of “soliciting” under section 8 of the Immoral Traffic Prevention Act (ITPA), 1956, saying the law is highly misused by enforcement agencies.

Police are often accused of crossing the limit in their efforts to enforce anti-trafficking laws, clamping down on prostitutes and clients having a liaison conducted in private with consent between the two.

<i>Hindustan Times</i> <a href="http://www.hindustantimes.com/india/adult-sex-worker-participating-with-consent-should-not-be-arrested-sc/story-plLs1o0QIcPRMqNjmz2PPM.html">report</a>

“When a sex worker makes a complaint of criminal/ sexual/ any other type of offence, the police must take it seriously and act in accordance with law”, the panel recommends.

According to the report, to stop the victimisation of trafficked women, the panel recommends sending sex workers caught plying their trade near a public place to a correctional home, instead of putting them in jail. The duration of the stay should be reduced from five years to one.

No action should be taken against a prostitute’s kin living on her earnings unless it is proved that they forced her into the trade, the committee says.