Prostitution in public place is an offence but indulging in sex work is not an offence. The sessions court observed this while ordering the release of a 34 old alleged sex worker. C.V.Patil the additional sessions judge set aside the magistrate’s order to detain a woman at Navjeevan Mahila Vasti Griha Deonar for one year and the order was passed under section 17 of the Immoral traffic prevention act. The judge observed that the woman has the right to do sex work but doing it in public places which causes annoyance to others can be an offence. The woman also had two minor children.
The metropolitan magistrate on march 15 2023 ordered the woman’s detention for a year but also allowed the release of the remaining two victims arrested during the raid. The woman denied indulging in any sexual activities. Her right to residence and age was not considered by the magistrate. It was argued that despite her undertaking in Bhandup police about not indulging in sexual activities she was again found engaging in sex work. Her husband also filed a custody case. As per the supreme courts judgement in Buddhadev Karmaskar.vs.State of West Bengal which discussed the sex worker’s rights the court gave directions to the state government to adult victims staying in protective homes against their wishes. The sex workers should be given equal protection when a raid is taking place in any brothel. Indulging in sex work voluntarily is not a crime whereas running a brothel is a crime. The court denied to hand over the woman’s custody to her husband considering her fundamental rights under article 19 of the constitution.
NAME: KRISHNAPRIYA, SEM:3RD SEM OF BBA.LLB, COLLEGE: GOVERNMENT LAW COLLEGE THRISSUR intern under legal vidhiya
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