Analysing the Supreme Court’s judgment on sex work
The article analyzes a landmark Supreme Court judgment (May 29, 2026) that recognizes the constitutional rights of sex workers, rejects forced rescues for consenting adults, and emphasizes the importance of consent, invoking Article 142. While progressive, the judgment is critiqued for not acknowledging sex worker collectives and for placing faith in institutions (police, magistrates, shelter homes) that have historically failed marginalized communities, particularly Dalit and Adivasi women, due to caste discrimination and economic marginalization. The article also highlights the problematic role of the 'anti-trafficking industry' and NGOs in perpetuating coercive practices. It concludes by stressing the need for sex workers' central involvement in implementation, scrutiny of NGOs, and ensuring access to existing welfare architecture for sex workers as rights-bearing citizens.
The article analyzes a landmark Supreme Court judgment (May 29, 2026) that recognizes the constitutional rights of sex workers, rejects forced rescues for consenting adults, and emphasizes the importance of consent, invoking Article 142. While progressive, the judgment is critiqued for not acknowledging sex worker collectives and for placing faith in institutions (police, magistrates, shelter homes) that have historically failed marginalized communities, particularly Dalit and Adivasi women, due to caste discrimination and economic marginalization. The article also highlights the problematic role of the 'anti-trafficking industry' and NGOs in perpetuating coercive practices. It concludes by stressing the need for sex workers' central involvement in implementation, scrutiny of NGOs, and ensuring access to existing welfare architecture for sex workers as rights-bearing citizens.
Exam linkage
GS Paper II: Polity, Governance, Social Justice
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