Sessions Court Restores Rights of Sex Worker Under Article 19
She was released under Section 17 of the Immoral Traffic (Prevention) Act where she had appealed and had requested her release on executing a PR bond.
A Sessions Court has ruled that sex work is not an offence, but prostitution in public places that might bother others around is an offence. The Additional Sessions Judge CV Patil set aside this order while releasing a sex worker from Navjeevan Mahila Vastigriha, Deonar. She was kept there for care after being held in a case of prostitution.
She was released under Section 17 of the Immoral Traffic (Prevention) Act where she had appealed and had requested her release on executing a PR bond. She claimed that she has two minor children and she denied being involved in any such activities, Two victims arrested along with her during a raid were released before hand.
She had argued that the magistrate did not consider he age or right of residence under Article 19 of the Indian Constitution. However, the State mentioned that she is a repeated offender. The Court however relied on the judgment of the Supreme Court in Budhadev Karmaskar vs The State of West Bengal.. In the given case, there were directions to the State Governments which were instructed to conduct surveys and release detained people who were kept against their wishes in Protective Homes. The Court also upheld her fundamental rights under Article 19 of the Indian Constitution and that the sex workers were also entitled to equal protection. Running of brothels could be illegal, but voluntary sex is not illegal in India. The Court also did not hand over the custody of the woman to her husband as she, like any other citizen, is a person who has right to go on with their free will.
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