Telangana State Legal Services Authority Organises 'State Level Consultation Meet On The Rights Of Sex Workers'

The object of this consultation meet was to discuss the topics: (1) The land mark judgment passed by the Supreme Court of India on 19 May, 2022 in Budhadev karmaskar vs. State of West Bengal, on the rights of sex workers; its implications and impact on the lives of sex workers (2) The role of judiciary and law enforcement agencies in upholding the Supreme Court Judgment; (3) the obligations of the government departments in protecting the rights of the sex workers and also for the rehabilitation of sex workers.

Justice Sujoy Paul, Judge, High Court for the State of Telangana & Executive Chairman, Telangana State Legal Services Authority, addressed the participants in inaugural address. He said that the Sex workers are having equal rights and they should be treated equally without any discrimination. His Lordship recounted the story of Gautama Buddha and Amrapali, an event from Buddha's life. Once, Gautama Buddha accepted an invitation to dine at the house of Amrapali, a courtesan. One of Buddha's disciples, named Yogesh, objected to this decision. Nevertheless, Gautama Buddha, along with his disciples, went to Amrapali's house for the meal. Upon meeting Buddha, Amrapali was so moved that she decided to leave her profession and reintegrate into mainstream society. This narrative underscores that sex workers are human beings and members of society who deserve equal treatment, free from discrimination, just like other citizens. In ancient times, sex workers were referred to as “Nagarvadhu” and “Janpath Kalyani.” Justice Paul also explained about the preparation of “Maa Durga” idols during the Dusshera festival in West Bengal by collecting the “Clay/Mitti” from each house including from the houses of Sex Workers and also from the houses of kings.

His lordship addressed the participants to take a call from this state level consultation meet that the sex workers who are leading miserable life in the society should not be treated differently; and that each one should change their narrative towards them.

His lordship also quoted Supreme court in the case of State of Uttar Pradesh vs. Kalyani, which held that the Sex Workers are also entitled to enjoy the fundamental rights equally with that of other citizens of this country. In Sunil Batra case also the supreme court of India declared that the prisoners also have fundamental rights like any other citizens of the country.

In Budhadev Karmaskar vs. State of West Bengal, the Supreme court tried to sensitize everybody on the rights of sex workers. It observed that when two adults with consent participates in sexual relationship, it is not an offence, if they are not running a brothel house. In the same judgement, the supreme court also laid down guidelines with regard to providing medical facility, issuance of ration cards and Aadhar cards to the Sex Workers etc.

Justice Paul also highlighted that during the drafting of the Indian Constitution, there was considerable debate and doubt over whether it was progressing in the right direction. In response to these concerns, Dr. B.R. Ambedkar provided clarity, asserting that even a strong constitution could yield poor outcomes if those tasked with implementing it lack integrity. Conversely, a weaker constitution could produce favourable results if managed by committed, dedicated, and truthful individuals. Dr. Ambedkar had emphasized that the Constitution, by itself, cannot enact change; its effectiveness relies on the integrity and devotion of those entrusted with its implementation.

Ch. Panchakshari, Member Secretary of the Telangana State Legal Services Authority, delivered a keynote address affirming that sex workers, as citizens and human beings, are entitled to equal rights. He informed participants about the support and facilities available through the Legal Services Authority and schemes by the National Legal Services Authority. He encouraged sex workers to transition into more dignified roles and advised them to register with the National AIDS Control Organisation and State AIDS Control Society, and to submit Aadhaar details to the DLSAs. This registration, he emphasized, is essential for receiving monthly dry rations from the civil supplies department.

The representatives of Women and child welfare department explained the facilities available to sex workers, such as dry rations and access to government schemes, provided they have Aadhaar and identity cards. Dr. P. Prasad, representing the AIDS Control Society, detailed the support available under NACO's guidance and urged sex workers to participate in health screenings. Community-based organizations—SMS, SAATHI, and Sangram—attended the state-level consultation, raising issues faced by sex workers, especially concerning mistreatment and disrespect by some police officials. District Legal Services Authority Secretaries also participated, reaffirming their commitment to providing support to sex workers through Legal Services Institutions.