Page 118 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
the exploitation of individuals for commercial purposes. While
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the act does not explicitly criminalize prostitution or prostitutes,
it commonly condemns those involved in prostitution-related
activities, such as brothel-keeping, procuring, and living off income,
even when sex work is voluntary. The ambiguity in prostitution
laws reflects a dualistic nature.
In the landmark Budhadev Karmaskar case , the Supreme Court
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of India issued a clear ruling, affirming that sex workers are human
beings entitled to the right to life under Article 21, and no one can
harm or kill them. The decision shed light on the plight of sex
workers, underscoring that many women engage in sex work due
to economic and financial necessity rather than personal choice.
In the case of Gaurav Jain v Union of India , the Court established
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comprehensive guidelines focused on the rescue and reintegration
of prostitutes and their families into society. It emphasized viewing
women associated with prostitution not as criminals but as victims of
adverse economic conditions. The court highlighted the importance
of economic empowerment through self-employment and vocational
training for these women. To ensure the rehabilitation and safety of
children, the court mandated the establishment of juvenile homes.
This legal framework strives to protect the rights and well-being of
sex workers in India, acknowledging their humanity and addressing
the socio-economic factors that contribute to their involvement in
the profession.
Recent Judgement of the Supreme Court
The Supreme Court issued a significant order on May 26, 2022,
recognizing sex effort by way of a “profession” whose doctors
are permitted towards self-respect and equivalent rights and
directing the police not to interfere with or prosecute adults and

25 Reference pls. Section 2 of Immoral Traffic (Prevention) Act 1956
26 BudhadevKarmaskar v State of West Bengal (2011) Criminal Appeal No. 133/2010
27 Gaurav Jain v Union of India &Ors. (1997) Writ Petition (Crl.) No. 745-54/1950
law.faculty@kdu.ac.lk
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