Page 119 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
consenting sex worker. It is not essential to gain that nevertheless
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the occupation; each individual in this state has a right toward a
distinguished lifetime under article 21 of the constitution,” the
court stated. Criminal law must apply equally in all instances,
regardless of “age” or “consent,” to sexual workers, who are
entitled to equal legal protection. The police must not inhibit or
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income any criminal action when the sex employee is mature and is
partaking in the accord. Subsequently appealing singular controls
under Article 142, the three-judge bench headed by Justice L.
Nageswara Rao issued an order. Article 142 states that the Supreme
Court has discretionary authority because it can, in exercising its
authority, pass any decree or order necessary to render full justice
in any case before substance before it.

Major Points:
Meanwhile “voluntary sex work is non-unlawful then solitary running
the brothel is illegal,” the seat ruled that “sex workers must not
remain detained or punished, stressed, or wronged” when a brothel is
invaded. Now, the Supreme Court of India’s statements of this kind
leave out important grey areas. It is yet not satisfactory regardless
of whether prostitution is lawful in India because as per the legal
executive, prostitution is legitimate however is unlawful. Where will
these prostitutes work if brothels are not around? The brothels provide
prostitutes with a consistent source of income because it is against the
law for them to petition or endorse themselves in any way. However,
if brothels were made illegal, sex work would become chaotic. The
Supreme Court has not provided an answer to this question.

28 KrishnadasRajagopal, ‘SC recognises sex work as a ‘profession’ (The Hindu, 25 May
2022)https://www.thehindu.com/news/national/supreme-court-recognises-sex-work-
asaprofession/article65461331.ece accessed on 05 March 2023
29 ‘Voluntary sex work “is not illegal”: SC’ (NDTV, 27 May 2022) <https://www.ndtv.com/
indianews/voluntary-sex-work-is-not-illegal-recommends-supreme-court-panel-3012936>
accessed on 05 March 2023
law.faculty@kdu.ac.lk
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