Empowering Female Sex Workers: Human Rights Perspectives and Judicial Activism in India

The human rights of female sex workers are frequently violated due to the criminalisation of sex work, the stigma and discrimination they encounter, and the lack of access to healthcare, education, and social protection. The purpose of this article is to evaluate how much India’s laws, policies, and courts uphold sex workers’ rights. By examining India’s constitutional provisions, it ensures the right to equal treatment under the law and prohibits any form of gender-based discrimination. In recent rulings, the Supreme Court of India declared that “voluntary sex work is not illegal” and that sex work is a “legal profession.” Additionally, it states, “Sex workers are entitled to equal legal protection, and if a sex worker is an adult engaged in sex work with consent, police intervention or criminal prosecution should be avoided.” Recent decisions and actions by Indian courts on the Constitution of India, fundamental rights, and prostitution laws can be seen as positive from a human rights standpoint. The same rules and court decisions should also be seen positively by the police and the general public from a human rights perspective.