Supreme Court Advocates Victim Protection for Trafficked Sex Workers in India
‘Right of sex workers can exist without a right to sex work: SC asks Government to make law exempting trafficked sex workers from criminal charges

Image: The Indian Express
The Supreme Court of India has proposed a 'Victim Protection Plan' to safeguard the rights of sex workers, particularly those trafficked for commercial sexual exploitation. The plan seeks to amend the Immoral Trafficking Prevention Act to exempt trafficked victims from prosecution and protect them from police abuse. It emphasizes the need for differentiated treatment of voluntary and trafficked sex workers.
- 01The Supreme Court emphasized that the rights of sex workers can exist without a right to sex work.
- 02The proposed plan aims to protect trafficked victims from criminal charges and police abuse.
- 03The court criticized the current application of the Immoral Trafficking Prevention Act for treating all sex workers uniformly.
- 04It called for a comprehensive law addressing all forms of trafficking and exploitation.
- 05The court outlined specific procedures for police raids to ensure the humane treatment of victims.
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The Supreme Court of India has highlighted the need for a tailored approach to the Immoral Trafficking Prevention Act (ITPA) in its recent judgment, which aims to protect the rights of sex workers, especially those trafficked for commercial sexual exploitation (CSE). The court proposed a 'Victim Protection Plan' that would exempt trafficked individuals from criminal prosecution for prostitution and safeguard them from police abuse. The ruling distinguishes between voluntary sex workers and those trafficked against their will, criticizing the ITPA for conflating these groups. The court noted that the stigma surrounding sex work often marginalizes voluntary sex workers, preventing them from accessing legal protections. Justice JB Pardiwala emphasized the need for a comprehensive legislative framework that addresses all forms of trafficking and exploitation. The plan includes guidelines for magistrates to assess whether individuals are engaging in sex work voluntarily and outlines humane procedures for police rescues, ensuring victims are treated with dignity and respect throughout the process.
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The proposed changes could significantly alter the legal landscape for sex workers in India, providing protections for trafficked individuals and addressing police misconduct.
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