While setting aside the order of the magistrate’s court, sessions court held that engaging in sex work is not an offence but to do it in the public place can be said as an offence.
Sessions court has directed a shelter home to set at liberty a 34-year-old woman sex worker who was taken into the custody after a raid was conducted.
Court said that, right to move freely throughout and to reside and settle in any part of the territory of India are fundamental rights under article 19 of the Indian Constitution.
The court said “The victim is a major, she is a citizen of India and therefore she possesses these rights and if the victim is detained without reason then it can be said that her right to move freely and right to reside and settle are infringed from the report of police nowhere does it appear that the victim indulged in sex work in a public place…. Victim is at liberty to reside anywhere and to move freely anywhere in India”.
“The victim has two kids. Certainly, they need their mother and if the victim is detained against her wish, it curtails her rights. The judge cited a Supreme Court in which it had discussed the rights of sex workers and also given directions to the state government to conduct a survey and to release adult victims who were found detained against their wish in protective homes”.