Shrishti Saxena, Symbiosis Law School, Hyderabad
Introduction
The “Budhadev Karmaskar v. State of West Bengal” case yielded a major decision that deals with the protection of sex worker’s rights. This case throws light on the precarious circumstances and social stigmatisation that sex workers experience. This ruling upholds the sex workers' right to a decent existence, which is protected by Article 21 of the Indian Constitution.
The Indian Constitution's Article 21 states that "No person shall be deprived of his life or personal liberty except in accordance with the procedure established by law." This fundamental right is provided to everyone, including residents and non-residents.
Article 21 provides two basic rights. They are:-
Right to life
Right to personal liberty
Right to life is not just about the right to survive but also entails human being to be able to live a complete life of dignity and meaning. The expression ‘personal liberty’ used in Article 21 has been given a liberal interpretation. It does not mean merely the liberty of the body but more than that. Infringement of Article 21 is available under Article 226 of the Indian Constitution where any individual can file a writ before the High Court of India.
