This vital aspect – that of individual consent – is clarified in this move by the Supreme Court. If a woman (or any other gender presumably) consents to a transaction involving an exchange of sex for money, then this is not illegal. When two adults consent to enter into a contract of a service provided in exchange of consideration, this is no one's business but their own. Of course, trafficked women or those forced to engage in sex work against their will would be liable to be rescued and freed and their traffickers arrested and punished in accordance with the law.
This decision will make it possible for sex workers to file complaints for assault and other crimes committed against them. This hopefully will protect their rights to safer work environments (eg., insisting on the use of a condom etc.), and save them from harassment by police and other authorities. Some are apprehensive that this will force more girls into prostitution and encourage human traffickers. However, what we have seen in countries like Sweden is that decriminalising sex work actually does the opposite.
Do you have something interesting you would like to share? Write to us at [email protected]
