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Sex Workers Entitled To All Rights Available To Citizens But Can't Claim Special Treatment If Violating Law: Delhi HC
Writer: Shiva Chaudhary
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
Delhi, 10 Aug 2022 5:41 AM GMT
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Creatives : Shiva Chaudhary
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
The court concluded that no ground was made out for the grant of interim bail to the accused as the trial court's prosecutrix was yet to be examined, and the probability of her escaping from the law was very high.
The Delhi High Court has refused to grant interim bail to a sex worker who was accused of trafficking minor girls. The court observed that while a sex worker is entitled to all rights available to an Indian citizen, she cannot claim any special treatment and will face the same consequences as any other in case of violating the law.
Justice Asha Menon noted the accused's reliance on a Supreme Court judgement declaring that a sex worker was entitled to all the protection under the law and stated that the current case was not one where her rights required protection.
What Did The Court Say?
In her order dated August 2, the judge stated, "The applicant has been accused of offences not merely under the Immoral Traffic (Prevention) Act, 1956, but also under Sections 370 IPC (Trafficking of persons) and 372 IPC (Selling minor for purposes of prostitution, etc.) which are extremely serious offences," quoted NDTV.
The court stated, "No doubt, a sex worker is entitled to all rights available to a citizen, but at the same time if she violates the law, she would be subjected to the same consequences under law and cannot claim any special treatment."
What Is The Case?
The accused was arrested from a brothel in March last year. Recently, she sought at least a week's interim bail from the court because her mother required an urgent knee replacement surgery, reported Economic Times.
Justice Menon stated that the case pertains to a First Information Report (FIR) that was registered after rescue operations were carried out, and the conduct of the accused did not invoke the court's confidence.
The court noted, as per the police status report, that the prosecutrix, one of the recused girls, identified the accused as the one who forced her into prostitution and did not allow her to leave the brothel.
The court concluded that no ground was made out for the grant of interim bail to the accused as the trial court's prosecutrix was yet to be examined, and the probability of her escaping from the law was very high.
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