Digital Goa, Nov 10 – Supreme Court has changed, the nomenclature sex worker to Trafficked victim/survivor or woman engaged in commercial sexual activity or woman forced into commercial sexual exploitation in the in the Handbook on Combating Gender Stereotypes published by the Court in August 2023. The apex court made the changes based on the suggestion of anti-trafficking NGOs including Arz (anyay rahit zindagi) from Goa.
Anti-Human Trafficking Forum (A group of anti-trafficking NGOs in INDIA) {Arz (anyay rahit zindagi) from Goa; Prayas from Mumbai; Prerana from Maharashtra; KIDS from Karnataka; Nedan from Assam, VIPLA from Maharashtra; SPID from Delhi; New Life Foundation from Manipur} had written to Hon’ble Dr. Justice D.Y. Chandrachud, Chief Justice of India, Supreme Court, New Delhi on 28/08/2023, requesting to reconsider use of the term sex worker in the glossary of terms mentioned in the “Handbook on Combating Gender Stereotypes” published by the Court in August 2023.
The anti-trafficking NGOs shared with Chief Justice of India, that the alternative language for words like “hooker and prostitute” is mentioned as “sex worker” “Handbook on Combating Gender Stereotypes” published by the Court in August 2023, and this may end up promoting another set of gender stereotypes.
The Anti-Trafficking NGOs shared that most women who end up in situations of commercial sexual exploitation or prostitution are trafficked into the commercial sexual trade as clearly defined under section 370 of the IPC. The Immoral Trafficking Prevention Act, 1956, acknowledges the fact that while women are free to engage in commercial sexual activity, anyone who forces or lures them into this activity shall be prosecuted including those living off their earnings. Section 2 (f) of the ITPA, 1956, defines “prostitution” as the sexual exploitation or abuse of persons for commercial purposes, and the expression “prostitute” is to be construed accordingly. This law was legislated keeping in mind that most women are forced, kidnapped, lured, and trafficked into situations of commercial sexual exploitation. By using a generic term like sex worker, one may be assuming that all women engaged in commercial sexual activity may be in this out of free and positive choice. It negates the reality that most women enter the trade through force or fraud and many remain in it out of negative choice due to lack of better alternatives.
In view of this, the anti-trafficking NGOs made humble submission to use the terms like trafficked victim/survivor or woman engaged in commercial sexual activity instead of the term sex worker.
