The Supreme Court of India held that adult sex workers, who were detained under the Immoral Traffic (Prevention) Act were free to move out as per their own will.
The Bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol directed the Union governments to conduct surveys of such protective homes, where these sex workers were staying.
The Apex Court passed the orders on an interlocutory application filed by the Durbar Mahila Samanwaya Committee, a collective of 65,000 sex workers. The organisation had originally filed the IA in the middle of the Covid-19 pandemic to highlight the lack of access of sex workers to governmental schemes to distribute dry rations.
Senior Advocate Jayant Bhushan apprised the Bench that adult sex workers were being treated like criminals in most states and not being allowed to leave the protective homes, despite the Supreme Court’s directions to the contrary.
Appearing for the petitioner, Senior Advocate Anand Grover submitted that the women were being detained in these protective homes more than 3 years against their will, which was also contradictory to the Apex Court directions on the matter.
The Bench further sought an update from the Centre on the status of a proposed bill on the prevention of trafficking and the rehabilitation of sex workers.
The Apex Court observed that once this Act was enacted, many of the aspects would be taken care of. The Bench added that it also knew its limitations.
In 2022, a Bench headed by Justice (retired) L. Nageswara Rao issued a slew of directions for the rehabilitation of sex workers, noting that till the proposed legislation was finally enacted by the Parliament, these directions would ‘hold’ the field.
Website designed, developed and maintained by webexy