VICTIMIZATION OF SEX WORKERS

Disparity in economic statuses often expose people to the darkest corners of life. The least we know is, poverty is hard to tackle and indigent individuals take a long time to feel relieved. Every country lists out a variety of categories for hiring the best employees from across the globe but nobody thinks about those who cannot even avail this opportunity, these are people who often resort to inappropriate jobs  because they see it as their best source of income; Sex workers are among those individuals who have nothing but themselves to offer, and for only that reason they should be last ones to be classified as criminal offenders.

Commercial Sex workers are ostracized by the society that constitutes of all stereotypical minds that are attracted to all framed prejudices and social stigma, and so they have least amount of rights that protect them. They should majorly have provisions in Acts that prevent them from forcibly engaging themselves in a business that is run by insensitive owners through acts of rape or intimidation.   

In the case of Manoj Shaw @ Manoj Kumar Shaw Vs. State of West Bengal, it was held that under no circumstances should the sex workers be seen as criminals, rather they should be treated as victims of a crime under the Immoral Traffic (Prevention) Act, 1956 unless and until they are not a party to any criminal conspiracy on record, the Calcutta High Court also condemned the acts of the police officer and the judge who tried to shift the onus on each other and forgot about their real fight of protecting the sex workers from any kind of exploitation, vulnerability or violence, instead,  police officers showcased their power and authority by arresting sex workers who were forced into prostitution, which under the aforementioned act is prohibited. Our law enforcing machinery is certainly meant to be more stringent when it comes to applying stricter laws against the people responsible for the status of sex workers- a brothel owner or a costumer who fulfils his needs by paying a commercial price or anybody who encourages this infamous trend should be punished for it. This will at least aim at rehabilitating the  sex workers only to provide them with resources for leading a life by a taking up a profession in which they would be treated with respect and dignity just as they deserve to be. 

Under the Sections 363, 366, 366-A, 366-B, 370, 370-A, 372, 373 of the Indian Penal Code, all sex workers are victims in the eyes of law and nobody in any case can accuse them of being law offenders. Section 41A of The Code of Criminal Procedure (Cr.P.C) states that the police officer may arrest any person who is concerned with any cognizable offence, or against whom a reasonable complaint has been made, or credible information is received, or is under any reasonable suspicion- in such cases where the vulnerability of the victim is clearly seen then there in no question of overlooking the path of justice by avoiding the application of above-mentioned section.

According to an official statistic, there are approximately 10 million sex workers in India who are either working on their own accord or they are forced into this business, there are mostly women who are employed as sex workers and usually belong to rural areas who seek any opportunity of earning for their families and this community of women has never dreamt of gaining any proper education or awareness regarding anything in particular. For a matter of fact, every woman learns to serve her family irrespective of all the hardships she faces; for them earning money for their families is more important than taking up a job that directly attacks their self-esteem every day and people like these should be the last ones to be thought as criminals.    

In conclusion, we all are entitled to our fundamental rights and we know how to raise our voices to ask  for what we deserve without feeling ashamed, but for a change think of those who work day and night and are never appreciated by anybody only because they earn money in a way we all could never even possibly think about. It hurts to see people who can not be themselves in public only because the society does not approve of them; we are that shallow, instead of establishing legislation and implementing provisions against the people responsible for there situation we accuse sex workers of breaking apart from the social norms and living lives in a way the society disapproves of. This country requires proper regulation for limiting violence against sex workers, they should not feel apologetically for who they are and not even for adopting unconventional methods of living life. It is the duty of the government to protect them and prevent them from any danger because sometimes, you just do not plan to become someone you eventually do.

SUBMITTED BY-

ARPITA VARMA

STUDENT REPORTER, INBA