Court Upholds Supreme Court's Directives on Protecting Rights of Adult Consensual Sex Workers
In a significant ruling, the Chhattisgarh High Court has quashed the criminal proceedings against an adult woman accused of being a sex worker, in line with the Supreme Court's directives aimed at safeguarding the rights and dignity of consensual adult sex workers. The case, titled "Xyz Nill v. State of Chhattisgarh," involved FIR No. 493/2022, registered under the Immoral Traffic (Prevention) Act, 1956, at the Police Station Telibandha, Raipur.
The petitioner, represented by Advocate Mr. Raza Ali, sought to quash the FIR and the consequent criminal proceedings, arguing false implication and citing her absence from the location of the alleged raid. The court observed that the Supreme Court, in the landmark Budhadev Karmaskar case, had issued clear directions that adult consensual sex workers should not face arrest or harassment during brothel raids, as voluntary sex work is not illegal.
The bench, comprising Chief Justice Mr. Ramesh Sinha and Justice Ravindra Kumar Agrawal, highlighted that the material on record failed to demonstrate any independent criminal act by the petitioner beyond her alleged status as a sex worker. Emphasizing the necessity of equal protection under the law, the court ruled that continuing criminal proceedings in this context would constitute an abuse of legal process.
The court's decision reaffirms the Supreme Court's stance on the non-victimization of adult consensual sex workers, ensuring their rights and dignity are protected under the law. The ruling also underscores the importance of adhering to judicial precedents that focus on consent and the voluntary nature of the work, rather than the mere status of the individuals involved.
Bottom Line :
Immoral Traffic (Prevention) Act, 1956 - Continuation of criminal proceedings against an adult woman alleged to be a sex worker quashed - Directions issued by the Hon'ble Supreme Court in Budhadev Karmaskar case protecting consensual adult sex workers from harassment and victimisation followed.
Statutory provision(s): Criminal Procedure Code, 1973 Section 482; Immoral Traffic (Prevention) Act, 1956 Sections 3, 4, 5, 7; Constitution of India, 1950 Article 142
Xyz Nill v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2964156
