RISHIKA more problems are created by media which regarded

RISHIKA AHUJA, semester 6 Amity Law School,

A country like
India is among those nations which are developing in its character and it does
not come into the list of developed countries. So if the country is developing
in its nature it will be preoccupied with many issues related to social,
political and economic. One of the most glaring issue which demands immediate
legislation is ”HUMAN RIGHTS OF THE SEX WORKERS”. The reason for effective legislation
in the country like India is asked because we know there is violation of human
rights in the lives of the citizens in some or the other way but specially in
the lives of sex workers and prostitution. As we know the constitution of India
which is given the status of supreme law of the land which clearly mentions in
article 15 that the state will not discriminate in giving incentives to the
citizens of the country on the basis of sex, colour, race, caste, religion etc
though we see discrimination done to people who are engaged in work of sex. In
India because of certain factors like lack of education, orthodox views the
work of sex is treated to be a dirty work and immoral too for that reason and
the people are asked to stay away from these people. Just because the sex work
is not treated as work they are denied of basic rights and their families
therefore women cannot access good healthcare and are often subject to abuse,
violence and exploitation by police and government officials, while their
children face harassment in schools and the workplace too. The reason for
looking down on the sex workers is because of not having a clear vision on this
type of work by people in the country like India and more problems are created
by media which regarded as the fourth pillar of the constitution which tries to
portray the image of women in prostitution as either overly sexual outcastes
who threaten the very structure of Indian family life, or abused and exploited
victims. While there are situation where women’s are the victims of trafficking
in sex work in recent times, and there are majority of women in sex work also
consent for doing this work. It is completely there decision to make money from
sex. There are two categories of sex workers first that all people in sex work
have been coerced, bribed, blackmailed or forced into the trade that no woman
could “choose” to be in sex work, to  make
money from sex therefore this relates with sexual exploitation. Secondly is
that sex work is legitimate business and should be treated as such. Approaching
sex work from a business point of view allows women and men involved in the
trade to demand their business rights, human rights and occupational health and
safety regulations. The law dealing with the sex workers is Immoral Trafficking
(Prevention) Act (ITPA) of 1986 which tries to prevent trafficking of persons
in India and prohibits outward manifestations of sex work, including brothel
operating. The act does not specifically prohibit prostitution, but law
enforcement officials have continuously used it to harass sex workers. There
was a sex worker stated that at night police officers would come and do sex
with without using precautions and later make case against them without no
reason. So as long as the law gives the authority to the corrupt police
officials and government authorities, stories such as this would me in more
talk across the country.

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The solution is
the change of mentality and allow the sex worker to have access to human right.
The sex worker are not a threat to the society nor have any bad impact on the
Indian family culture. They are capable enough to demand there rights. So the
society instead of showing sympathy to these workers shall break their own
narrow misconceptions and judgements made on the sex worker and start giving
and respecting this work great value and like business.