Case Note & Summary
The case involved a criminal appeal concerning the modification of terms of reference related to sex workers, initiated by the Union of India. The Union sought to exclude the Durbar Mahila Samanwaya Samiti from the panel and modify the wording of a term that suggested conditions for sex workers to continue their trade. The learned Additional Solicitor General argued that the Samiti's presence misrepresented the Union's stance on sex work, while representatives from the Committee defended the Samiti's contributions to understanding the issues faced by sex workers. The court ultimately rejected the Union's request to remove the Samiti, recognizing its role in providing valuable insights. However, the court modified the wording of the term to ensure it aligned with the constitutional right to dignity under Article 21, clarifying that this modification should not be interpreted as an endorsement of sex trade. The court emphasized the need for rehabilitation and alternative employment for sex workers, reiterating that the intention was not to facilitate the continuation of prostitution but to support the dignity and rehabilitation of those involved. The matter was scheduled for further consideration of interim reports from the Committee on a specified date.
Headnote
A) Constitutional Law - Right to Dignity - Conditions for Living with Dignity - Constitution of India, 1950, Article 21 - The court modified the terms of reference to emphasize the need for conditions conducive for sex workers to live with dignity, clarifying that this does not advocate for the recognition of sex trade. The court aimed to ensure that the focus remained on rehabilitation rather than encouragement of prostitution (Paras 8-10).
Issue of Consideration
Whether the Union of India’s request to modify the terms of reference regarding sex workers should be granted.
Final Decision
The court rejected the Union's request to remove the Samiti from the Committee and modified the terms of reference to emphasize dignity without endorsing sex trade.
Law Points
- rehabilitation of sex workers
- dignity of life
- Article 21
- modification of terms of reference
- Immoral Traffic (Prevention) Act
- 1956
