‘HUMAN in giving incentives to the citizens

                                               ‘HUMAN RIGHTS OF THE SEX

semester 6 Amity Law School,

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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 sex workers in India should be allowed to
access and enjoy their rights, stereotypes thoughts about sex work need to be
broken down.  The sex worker does not
necessarily need to be rescued because she is not a threat to the greater cruel
society, nor is she a walking case of HIV. She is capable of advocating for
herself and can demand her own rights they face a lot of discrimination and
hardships, people in sex work and prostitution do not need sympathy by the
people. What they need is that rest of the society to recognize and fight against
their own orthodox views, judgments, unfounded fears and misconceptions.   Basically suggestions are welcomed to change
the perspective towards prostitution and law on prostitution and trafficking so
that a better environment and surroundings can be created for the women in
prostitution can be ensured thereby allowing them to lead a peaceful life of
dignity, free from coercion, abuse, violence. “Where the mind is without fear
and the head is held high… into that heaven of freedom my father let my
country awake”. These words of Tagore should be translated into reality for the
women in prostitution. The law on trafficking should impose sanctions on
persons actually involved in trafficking. There must be a clear and unambiguous
definition of trafficking. Sanctions have to be imposed on trafficking
involving child prostitution and forced prostitution which involves rape,
sexual assault, criminal intimidation, use of force and coercion, abduction,
kidnapping, 260 buying and selling of human beings, wrongful confinement of
women in brothels for their initiation into prostitution. These have to be made
punishable with severe penalties.