In This Issue
SEX WORK IS WORK – SUPREME COURT OF INDIA
LEGAL UPDATES
KNOW YOUR JUDICIARY
TIP OF THE MONTH
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RECOGNITION TO ONE OF THE OLDEST PROFESSIONS IN THE WORLD – SEX WORK IS WORK; SUPREME COURT OF INDIA
- The Supreme Court on 19th May 2022 passed a judgment recognizing the profession of sex workers. A three-judge bench consisting of Justice Nageswara Rao, Justice B R Gavai, and Justice Bopanna delivered the judgment in the case of Buhadev Karmaskar vs. The State of West Bengal and Others recognised sex work as a profession
- in the case of Budhadev Karmaskar versus the State of West Bengal and Others, a case where a sex worker was brutally murdered for refusing to have intercourse with the appellant
- basic protection of basic rights is guaranteed to every citizen and certainly extends to Sex Workers and their children, who are removed from the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children owing to the stigma attached to their profession
- The Supreme Court stated that sex workers are entitled to equal protection of the law as guaranteed under Article 21 of the Constitution of India. It was held that Criminal law must be applied equally in all cases, on the basis of ‘age’ and ‘consent’. When an adult sex worker is participating with consent, the police
- must refrain from interfering or taking any criminal action. The police were further directed to view complaints of criminal or sexual or any made by sex workers must be taken seriously and police must act in accordance with the law.
- In case of a raid on a brothel, since voluntary sex work is not illegal sex workers should not be arrested or penalized or harassed, or victimized.
- The attitude of the police to a sex worker is brutal and violent, and their treatment as a class whose rights were not recognized was noticed. The court directed for sensitization of police and other law enforcement agencies for proper treatment of sex workers by recognizing their fundamental rights and prohibiting them from abusing verbally and physically, subjecting them to violence or sexual activity.
- the court directed the UIDAI to issue Aadhar cards to sex workers by waiving the requirement of proof of residence for the sex workers
LEGAL UPDATES
- The Supreme Court has observed that there shall not be any deemed registration even if in a case where the registration application under Section 12AA of the Income Tax Act, 1961, is not decided within six months.
- Union Law Minister Kiren Rijiju requested the State Government to ensure adequate security to the judges and court complexes since safe and sound environment for courts is necessary to ensure free and fair delivery of justice.
- Supreme Court restrains the Centre and States from registering FIRs, continuing any investigations or taking any coercive measures under the sedition law. Committee on criminal law reforms recommended amendments to sedition law ; Either completely withdraw the law or amend the particular section, says official.
- SC extends interim stay on arrest warrant issued by Allahabad HC against NOIDA CEO Ritu Maheshwari ; The court observed that it has become a routine affair that Uttar Pradesh officials are approaching it against the Allahabad High Court orders
- Order has effect of making bail the rule in Section 124A cases; A person cannot be charged under a currently non-existent penal provision.
Know Your Judiciary
- Justice Bobde was the 47th Chief Justice of India
- He was conferred with Doctor of law (LLD HONORIS CAUSA) by the Tamil Nadu Dr.B.R Ambedkar Law University on 13th July,2019.
- Justice S.A Bobde is a passionate lover of motorcycles, especially Bullet by Royal Enfield and Harley Davidson
- He is credited for many historical judgments that includes making Aadhaar non-compulsory, banning fire cracker sales in Delhi, upholding privacy as a Fundamental Right.
- He was a part of the panel that gave a clean chit to former Chief Justice Ranjan Gogoi in a sexual harassment case.
- He was criticised for banning a book named Mystic Mate Mahadevi without citing any reasons and also for having rejected a woman’s petition to abort a foetus expected to have Down’s Syndrome at birth.
- He retired on 23rd April 2022.
Ms. Rashmi Shukla Head of Academic Coordination, LedX
OP-ED, LEDX
India is a land where our scriptures, ancient texts and mythologies have endless references of sex workers. We are the land of Kamasutra and the land of Devadasis, yet the law of land that has made bodily autonomy a matter of taboo and policing for decades. After so many years of shame, shunning and exploitation, it is a welcoming decision from the apex court of the country, guaranteeing the human rights, dignity and protection that should have been afforded to the dingy lanes of sex work in this country. The journey ahead will be long and perilous but it is the first step that is often the hardest to make and with decision, we have done just that.
It is a pleasure to contribute to this edition of LedX Newsletter that talks of such a significant issue. Our newsletters have succeeded in going further ahead in knowledge enhancement and bringing perspectives and opportunities to students of law and I am sure, moving further we will be contributing to legal education more significantly.
TIP OF THE MONTH!
HOW TO READ A JUDGEMENT EFFICIENTLY
- Summaries are great but can sometimes be misleading.
- There is no shortcut. Always read the full judgement to be sure. Read carefully but fast enough.
- Do not rely on Indian Kanoon or Casemine. Always use reliable sources like SCC or Manupatra or AIR Manuals and books.
- Prioritize Supreme Court judgements, then High Courts, preferably the ones of the State your case is being heard in.
- Write down or highlight all the important facts and other important portions for future referencing.
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student editors
- Ayesha Afreen Khan – Capital Law College , Bhubaneshwar
- Tejuskrishna B.S. – BMS College of Law , Bengaluru
- Aashi Tandon – Vels University , Chennai
- Harshavardhan C. – R.V Institute of Legal Studies, Bengaluru
- Gauri Kulkarni – R.V. Institute of Legal Studies, Bengaluru
- Ananya Manjunath – BMS College of Law, Bengaluru