Dignity, Consent, And Criminalisation: A Human Rights Perspective On Sex Work In India
- IJLLR Journal
- 1 hour ago
- 1 min read
Bhumika Gupta, Gitarattan International Business School, GGSIPU
ABSTRACT
The debate over sex work in India lies at the intersection of morality, human rights, and constitutional liberty. While the Indian Constitution guarantees equality, dignity, and personal autonomy under Articles 14, 19, and 21, the legal framework governing sex work- primarily the Immoral Traffic (Prevention) Act, 1956 (ITPA) continues to criminalize aspects of the profession, leading to systemic abuse, police violence, and social exclusion. This paper re-evaluates the legal and human rights status of sex workers in India through the lens of dignity, consent, and decriminalization. Drawing upon landmark judgments such as Budhadev Karmaskar v. State of West Bengal and Gaurav Jain v. Union of India, international human rights instruments like CEDAW, and comparative models from New Zealand and the Netherlands, the paper argues that criminalisation undermines rather than protects women’s rights. It advocates for a rights-based approach that recognizes sex work as legitimate labor, ensuring the protection, agency, and dignity of those involved.
