‘Right of sex workers can exist without a right to sex work: SC asks Government to make law exempting trafficked sex workers from criminal charges
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India's Supreme Court has issued a landmark directive, urging the government to frame a new law that exempts trafficked sex workers from criminal prosecution. This crucial move explicitly differentiates between a "right of sex workers" and a "right to sex work," emphasizing victim protection while pushing back against the criminalization of individuals exploited through human trafficking. The bench also demanded robust measures to shield these vulnerable individuals from sexual abuse by police personnel, signalling a significant judicial intervention in a deeply sensitive societal issue. The directive comes amidst long-standing advocacy for decriminalizing sex work, particularly for victims of trafficking, and highlights the perceived inadequacies of existing legislation like the Immoral Traffic (Prevention) Act (ITPA) in distinguishing between voluntary and coerced engagement in sex work. Civil society organizations have consistently pointed to the double victimization of trafficked individuals, who not only suffer exploitation but also face legal repercussions and harassment from law enforcement, exacerbating their trauma and hindering rehabilitation efforts. This judicial push reflects a growing recognition of sex trafficking as a human rights violation requiring systemic rather than punitive responses. Now, the onus falls squarely on the Ministry of Women and Child Development and other relevant ministries to draft and enact legislation aligning with the SC vision. Key next steps will involve defining the scope of "trafficked sex workers" to prevent misuse, implementing stringent accountability mechanisms for law enforcement, and strengthening rehabilitation frameworks. The government's response and the subsequent legislative process will be critical in determining whether this landmark observation translates into tangible protections and dignity for one of India's most marginalized populations.