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We, THE APEX COURT therefore, particularly appeal to the youth of the country to contact the members of the panel and to offer their services in a manner which the panel may require so that the sex workers can be uplifted from their present degraded condition. They may contact the panel at the email address: panelonsexworkers@gmail.com.

The Indian Constitution preamble

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  "This   is   a   case   of   brutal   murder   of   a   sex
      worker.  Sex workers are also human beings and no
      one   has   a   right   to   assault   or   murder   them.     A
      person   becomes   a   prostitute   not   because   she
      enjoys it but because of poverty.   Society must
      have   sympathy   towards   the   sex   workers   and   must
      not look down upon them.  They are also entitled
      to a life of dignity in view of Article 21 of the
      Constitution.

            In   the   novels   and   stories   of   the   great
      Bengali   writer   Sharat   Chandra   Chattopadhyaya,
      many prostitutes have been shown to be women of
      very   high   character,   e.g.,   Rajyalakshmi   in
      'Shrikant', Chandramukhi in 'Devdas', etc.  

            The plight of prostitutes has been depicted
      by   the   great   Urdu   poet   Sahil   Ludhianvi   in   his
      poem   'Chakle'   which   has   been   sung   in   the   Hindi
      film   Pyasa   "Jineh   Naaz   Hai   Hind   Par   wo   kahan
      hain"   (simplified   version   of   the   verse   'Sana
      Khwan-e-taqdees-e-Mashrik Kahan Hain').

            We   may   also   refer   to   the   character   Sonya
      Marmelodova in Dostoyevsky's famous novel 'Crime
      and Punishment'.  Sonya is depicted as a girl who
      sacrifices   her   body   to   earn   some   bread   for   her
      impoverished family.
"Although we have dismissed this Appeal, we
      strongly   feel   that   the   Central   and   the   State
      Governments through Social Welfare Boards should
      prepare   schemes   for   rehabilitation   all   over   the
      country for physically and sexually abused women
      commonly known as prostitutes   as we are of the
      view   that   the   prostitutes   also   have   a   right   to
      live   with   dignity   under   Article   21   of   the
      Constitution   of  India   since  they   are  also   human
      beings   and   their   problems   also   need   to   be
      addressed.  

                  As   already   observed   by   us,   a   woman   is
      compelled   to   indulge   in   prostitution   not   for 

                                     3

      pleasure but because of abject poverty. If such a
      woman   is   granted   opportunity   to   avail     some
      technical   or   vocational   training,   she   would   be
      able   to   earn   her   livelihood   by   such   vocational
      training   and   skill     instead   of   by   selling   her
      body.

                   Hence,   we   direct   the   Central   and   the
      State   Governments   to   prepare   schemes   for   giving
      technical/vocational training to sex workers and
      sexually   abused   women   in   all   cities   in   India.
      The   schemes   should   mention   in   detail   who   will
      give   the   technical/vocational   training   and   in
      what manner they can be rehabilitated and settled
      by  offering   them  employment.   For  instance,   if  a
      technical training is for some craft like sewing
      garments, etc. then some arrangements should also
      be made for providing a market for such garments,
      otherwise they will remain unsold and unused, and
      consequently the woman will not be able to feed
      herself".

 We   again   reiterate   that   this   exercise   is   because   we 

are of the opinion that sex workers are also human beings 

and hence they are entitled to a life of dignity.   It has 

been   well-settled   by   a   series   of   decisions   of   this   Court 

that   the   word   `life'   in   Article   21   of   the   Constitution 

means a life of dignity and not just an animal life.   We 

are of the opinion that sex workers obviously   cannot lead 

a life of dignity as long as they remain sex workers.

12.    Sex   among   human   beings   is   different   from   sex   among 

                                       6

animals.   Sex in humans has a cultural aspect to it also, 

and is not just a physical act.   A sex worker who has to 

surrender   her   body   to   a   man   for   money   obviously   is   not 

leading   a   life   of   dignity.       Ordinarily,   no   woman   will 

willingly surrender her body to a man unless she loves and 

respects him.   A sex worker is obviously not surrendering 

her   body   to   a   man   because   she   loves   and   respect   him,   but 

just for sheer survival.  As Nancy says in Charles Dicken's 

novel `Oliver Twist', "you adapt or you die".

13.    Apart from that, sex workers are always in danger of 

getting   sexually   transmitted   diseases   (STD),   and   they   are 

often abused and beaten by the proprietors of the brothel 

and   others   who   give   them   a   pittance   out   of   her   earnings. 

A woman becomes a sex worker not because she enjoys it but 

due   to   abject   poverty.     One   estimate   suggests   that   there 

are 3 million sex workers in India, many even from Nepal, 

Bangaldesh, and even the former Soviet Union.   This is due 

to massive poverty in the country, and abroad.

14.    Our effort in this exercise is to educate the public 

and inform them that sex workers are not bad persons, but 

they are unfortunate girls who have been forced to go into 

this   flesh   trade   due   to   terrible   poverty.     Hence   society 

should not look down upon the sex workers but should have 

sympathy   with   them.     In   fact,   in   the   novels   of   the   great 

                                       7

Bengali   writer   Sharat   Chandra   Chattopadhayay   it   has   been 

shown that many of the sex workers were women of very high 

character,   e.g.   Rajyalakshmi,   Chandramukhi,   etc.   and   the 

same has been shown in the novels of many European writers. 

The Russian writer Dostoyevsky's novel `Crime & Punishment' 

has   shown   Sonia   Marmeladova   as   a   woman   of   high   character 

who   became   a   sex   worker   to   feed   her   starving   family. 

Similarly,   in   Charles   Dicken's   novel   `Oliver   Twist',   the 

sex   worker   Nancy   is   shown   to   be   a   girl   of   high   character 

who sacrifices her life to save Oliver.   In Victor Hugo's 

famous novel `Les Miserables', Fantine sacrifices her hair 

and teeth to provide for her daughter Cosette.   Martha in 

`David   Copperfield'   is   also   depicted   as   a   woman   of   noble 

heart.
 We   are   of   the   opinion   that   if   sex   workers   are   given 

proper technical training they will be able to come out of 

sex   work   and   instead   earn   their   livelihood   through   their 

technical skills instead of by selling their bodies.   That 

will enable them to live a life of dignity.
 We are fully conscious of the fact that simply by our 

orders   the   sex   workers   in   our   country   will   not   be 

rehabilitated immediately.   It will take a long time, but 

we have to work patiently in this direction.  What we have 

                                     10

done   in   this   case   is   to   present   the   situation   of   sex 

workers   in   the   country   in   the   correct   light,   so   as   to 

educate   the   public.     It   is   ultimately   the   people   of   the 

country,   particularly   the   young   people,   who   by   their 

idealism   and   patriotism   can   solve   the   massive   problems   of 

sex   workers.     We,   therefore,     particularly   appeal   to   the 

youth   of   the   country   to   contact   the   members   of   the   panel 

and to offer their services in a manner which the panel may 

require so that the sex workers can be uplifted from their 

present degraded condition.   They may contact the panel at 

the email address: panelonsexworkers@gmail.com.
 THIS IS A SOCIAL BURNING PROBLEM COMING FORM AGES. SO MANY VOLUNTARY ORGANISATION ARE ALREADY WORKING
STILL, THIS IS NOT ROOTED OUT FROM OUR SOCIETY.
THE STEP TAKEN BY THE APEX COURT AS OUR CONSTITUTIONAL AUTHORITY
AND DRIVING THE GOVERNMENT BODIES TOWARDS PROSPECTS OF THE WELFARE OF
THE SEX WORKERS IS A WONDERFUL AND IDEAL ONE.
FOR THE FIRST TIME, THE APEX COURT CALL FOR THE YOUTH OF OUR COUNTRY.
CERTAINLY THIS CANCER ON THE BACK OF OUR SOCIETY WILL BE SUCCESSFULLY
REMOVED. HOPE SUSTAINS THE FUTURE.

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