DISCRIMINATION AGAINST SEX WORKERS 

Abstract

As we know, doing work as a sex worker or a prostitute (Vaishya) has been considered very old in India, but at the same time, we also know that sex workers and their children are stigmatized in every step in society.  People are very badly abused and marginalized, and their children are also. This article aims to raise some points regarding the discrimination against sex workers, also see their socio – economic conditions, challenges they faced in society and how to improve their situation in society because to be work as a prostitute declared legal in India.  Data is also mentioned in the article about how many women’s approximately work as sex workers in India. There are some known places in India, like KAMATHIPURA in MUMBAI, GB Road in DELHI, and Jakkampudi in ANDHRA PRADESH etc., where thousands of girls suffer daily, like the third gender community, sex workers, and their children are also denounced by society but because it is recognized as a valid profession in India, no one have right to discriminate against them, to disrespect them, because according to the Indian constitution every person have right to live their life with peace and dignity.

Keywords : Prostitute (Vaishya) , Stigmatized , Discriminated, Marginalized , Sex worker , Denounced , Disrespect , Dignity . 

• INTRODUCTION 

The term “discrimination” connotes “treat people or a group of people differently from others”. According to the grundnorm of India i.e., Constitution of India (PART III) under FUNDAMENTAL RIGHTS talk about “Prohibition of discrimination on the ground of religion, race, caste, sex or place of birth”. Now, the term sex workers means prostitute (having sex to earn money).  Profession to become sex worker is declared valid in India but not mentioned anywhere in any procedural codes or substantive laws and that’s why they faced discrimination in every step of society.

• CHALLENGES FACED BY THE SEX WORKERS:

Challenges faced by the sex workers are categorized into two broad categories i.e.

1. Social challenges

2. Psychological challenges. 

Now discuss in brief every challenge:

1. SOCIAL CHALLENGES: 

 For indigent and weak people, facing challenges is not new, but how far it is right for humanity to abandon the whole community because they chose to earn instead of becoming beggars? There are numerous cases where in the ruling of the honorable apex court decides the matter and saves the people from the miscarriage of justice, thus, it is the matter of homosexuality, liberty, triple talaq or third gender etc. Major social challenges are discrimination and poverty and it also includes unemployment, unequal opportunities, and malnutrition etc. These challenges became more problematic when someone belongs to a community which has no respect in society as like sex workers. 

1. Discrimination : 

Sex workers discriminate in society by everyone and every day. They have no right to live with respect in society, they have no right to take proper education in society, no right to participate in any festivals that are celebrated in society, people treat them differently from others, and sometimes they are  abused by the people. Even well-educated persons, those who have the power to provide everything, for example, proper medical care, protection, sanitization, a healthy and clean environmen,t are also not support them.  

2. Poverty :

It’s a situation where people do anything for food, water, shelter, and clothes. That’s why many sex workers do sex work voluntarily because of poverty, but there are uncounted number of females who are involved in this profession by way of fraud, force, or coercion. Now, according to the reports, the condition of brothels is not good, especially at the COVID-19 pandemic; they suffer from extreme poverty and malnutrition. 

There are a number of reasons behind this truth:

• They face poverty because everyone in society sees them with bad eyes with evil intentions, so they are not able to do other work. 

• The second reason is that those females who are rescued by the police or any other social worker, like Pallabi GHOSH, are treated very badly and sometimes parents leave them and nare ot accepted again as family.

• Now the third reason is that society does not support their child, and that’s why children of the sex workers face many problems in acquiring knowledge to become better and that’s why they face extreme poverty.

2. PSYCHOLOGICAL CHALLENGE:

Psychological disorder includes mental as well as physical health. 

Now in the life of the sex worker, psychological disorders are very common because they deal with a number of clients in a day, who have different psychology but their health not only affected by the clients they deal with, but society and the head under which they work are also responsible. So in the series of this psychological disorder, there are many problems they face in their life. Now when we talk about mental disorder, this includes depression, anxiety, lack of confidence, some time they attempt suicide, they are suffering from sexually transmitted diseases (STDs) and post-traumatic stress disorder(PTSD) in which patient suffering from the fear of the old memories because previously as mentioned that all the females are not voluntarily involved in this occupation so those females who doing this work by force facing extremely traumatic situation such as physical violence, physical assault, rape and drinking alcohol and use of drugs is also became a major issue for their health. According to the research, there are many girls in Rajasthan belongs from the

”Bedia community” to follow this work as a tradition, and the place Sonagachi in Kolkata, where four to five girls stay in one room by which there is high chances to spread infection. Therefore, when discussing the physical health of the sex worker, it is difficult to say that they are only tortured and abused by the people but there are lot of reasons present by which female sex workers not harmed mentally but also physically:

• Firstly, the main problem is that no one stands behind them to protect them and that’s why female sex workers are sexually harassed, raped, and physically assaulted by the clients even if they do not want to work. 
• Secondly physical health of female sex workers is affected by the unwanted pregnancies. 
• Thirdly, there are lot of girls bought by trafficking in brothels, in which most of the girls are minors and through unwanted sex their body physically harmed.
• Fourthly, no doubt number of clients come in brothels without any precautions, by which large number of girls with sexually transmitted diseases such as HIV, aids by which body affected physically etc.

So this is all about the health condition of the female sex workers in brothel areas such as GB ROAD in DELHI, SONAGACHI in KOLKATA, BEDIA COMMUNITY in RAJASTHAN, and VIJAYWADA in ANDHRA PRADESH etc.  In society, no one wants to talk about this topi,c but it is very important for people to be aware about these type of heinous crime in society because, after deep research, it is clear that most of the girls are doing this work because of trafficking.

• ROLE OF JUDICIARY:

Laws are made either by the judiciary or by the legislature, both play important role to change the society positively, either by making laws in parliament or by passing judgments in court. Now, in the case of the occupation of female sex workers or prostitution, there are many guidelines provided by the judiciary for the female sex workers and their children after passing the landmark judgment such as:

1. Sex workers have a right to live with dignity. 
2. Sex workers are entitled to equal protection under the law.
3. Right to privacy. 
4. Role of consent inthe  occupation of prostitution.
5. The IMMORAL TRAFFIC (PREVETION) ACT 1956.
6. Legislation secures their children. 

Now explain briefly each and every point:

1. Sex workers have the right to live with dignity:   

Right to live with dignity is the fundamental right of the people given in the Constitution of India. Thus, sex workers and their children also right to live with full peace and dignity without facing any type of discrimination in society. Moreover, a bench of Justices Markandey Katju and Gyan Sudha Misra, in its order, said: “We are of the view that prostitutes also have a right to live with dignity under Article 21 [right to life] of the Constitution since they are also human beings and their problems also need to be addressed.”   

2. Sex workers are entitled to equal protection under the law:

Sex workers (prostitutes) are entitled to equal protection under the law it means police and any other organizations cannot discriminate any sex workers just because of their profession. Equal protection under law also connotes that criminal law applies equally in all case such as rape, voyeurism, threatening, physical and mental assault, sexual harassment etc. committed with the sex workers. 

Consent and age played the major role in the profession, if any female doing the work of prostitution with their free consent after attaining the age of majority so in that case police must refrain to take any action against the female sex workers in brothel areas, but in case of minor girl police should investigate the case very deeply and should asked the question to the victim that why and how she came in the brothel area because she may be came from by trafficking. 

There are other guidelines provided by the court for the protection of sex workers.

1. Police do not treat any sex worker brutally and violently
2. If a sex worker file report in a police station police have to take action according to the procedure established by law.
3. When police raiding in brothel area should ensure that sex workers are not be arrested, penalized, and harassed. 

3. Right to privacy:  

In the series of the rights of prostitutes right to privacy is also one of them. This right was recognized by the very famous judgment of the apex court in 2017 in which privacy of the people is the major and foremost concern that’s why identity must not be disclose by the police department when any female rescued by the brothel area and not want to do this occupation again thus they have full right to be enjoy their privacy, to not need disclose their identity by any one. If anyone discloses the identity of the victim of sexual abuse in public, punished with two years of imprisonment with or without a fine.

4. Role of consent in the occupation of prostitution:

Consent is playing a very major role in any type of matter, either civil or criminal. If both plaintiff and defendant are involved in any type of matter with their own free consent, the defendant is not found guilty and does not pay any type of compensation to the plaintiff in civil cases, and not punished in criminal cases for the loss of the plaintiff. similarly if any female is ready to became sex worker by their own free consent, then the head of the brothel area is not arrested, but if she works without consent, then the head of the brothel area is arrested by the police officer.

5. THE IMMORAL TRAFFIC (PREVENTION) ACT 1986:

IN 1956 this act was known as ‘Traffic in Women and Girls Act’ but it amended in 1986 to become act more gender neutral and that’s why now the act is known as   “IMMORAL TRAFFIC PREVENTION ACT” this act aim to stop the trafficking trade in India.

6. Legislation secures their children:

Supreme Court legalized this profession with some relevant guidelines for the protection of the female sex workers out of all the guidelines provided by three judge bench headed by Justice L Nageswara Rao, one of which is regarding their children. Said that child of a sex worker cannot be separated by anyone from their mother, just because she is involved in the trade and children should be treated like other children living in society, and they should not be deprived to enjoy their all fundamental rights such as right to equality, freedom, life, education, occupation etc., given in the constitution.

• HOW TO IMPROVE THE CONDITION OF THE SEX WORKERS:

As previously mentioned in the article, consent plays the major role in any matter, so if any female became sex worker by choice or maybe by compulsion, so:

• Give respect to them and their children.
• Treat them equally as if they were other society members.
• Help them if they want to leave this occupation, support them.
• In society and also in schools don’t bully or discriminate against sex workers and their children. 

• CONCLUSION:

Individuals are the social animal live in society with the desire of prosperity and love but there are some communities which face large discrimination, not because they do something wrong but because they are not able to do the thing which is acceptable in the society therefore, the purpose of this article is to understand the situation of the people, help them and give respect to them and

 Be aware all the time and aware others because according to the data “there are 7.76 lakh sex workers in India, over 1.3 lakh are from Delhi, Maharashtra and west Bengal” thus as per this data we can anticipate that all the girls which found in brothel areas are not came by their own consent but by way of fraud and force that’s why be aware and especially aware their children’s that they should don’t trust anyone very easily and parents should insure about their children where and by whom he/ she going spend time with their children and make friendly relation with their children.

(This article is written by Priya Kashyap, a 5th-year law student at Unity PG College, Lucknow. This article examines how sex workers in India face deep social, economic, and psychological discrimination despite sex work being recognized as a valid profession, and explains the constitutional and judicial safeguards meant to protect their dignity and rights.)