Human Rights of Sex Workers

ABSTRACT From historical times, references to sex work are deeply rooted in India's socio-cultural narrative, reflected through mythological entities such as apsaras (celestial dancers) like Menaka and Renuka, the Devadasi tradition originating in the 6th century, and Vishkanyas (poison maidens), first documented in Chanakya's Arthashastra. Despite this historical presence, contemporary perceptions remain overwhelmingly negative, viewing sex work as immoral and derogatory rather than as an occupational choice or source of livelihood. This dissonance challenges our position as an informed, progressive society committed to safeguarding personal liberty and human rights under Article 21 of the Indian Constitution. Human rights, inherently universal and inviolable, are frequently compromised for sex workers in India. Regardless of their occupation, sex workers retain fundamental rights against torture, inhumane treatment, and deserve recognition before the law. Nevertheless, their actual conditions remain dire, exacerbated by structural deficiencies within India's legal system, particularly the implementation failures of the Immoral Trafficking (Prevention) Act of 1956. This legislation, meant to curb trafficking and gradually abolish prostitution, has been largely ineffective, leaving sex workers vulnerable to violence, discrimination from law enforcement and government authorities, insufficient healthcare, psychological trauma, and exploitation of minors. This research presents an integrated analysis of sex work in India, assessing historical, social, cultural, health-related (including HIV/AIDS), and economic dimensions. It critically evaluates existing legislations and anti-trafficking measures, notably the controversial "rescue and restore" model, assessing their efficacy and implications. Furthermore, the study scrutinizes economic empowerment initiatives, income disparities within sex work, and the broader economic repercussions of anti-trafficking efforts. Ultimately, the paper proposes actionable recommendations leveraging existing legislation and human rights frameworks, advocating for a compassionate, rights-based approach to better safeguard sex workers' welfare and dignity. Keywords: Sex work, human rights, India, Immoral Trafficking (Prevention) Act, Devadasi, Vishkanyas, economic empowerment, HIV/AIDS, rescue and restore, structural discrimination.