FROM CONVICTION TO CONSTITUTION: THE BUDHADEV KARMASKAR CASE AND THE JUDICIAL RECOGNITION OF SEX WORKERS’ RIGHTS IN INDIA
AUTHOR – AYUSHMAN TIWARI* & DR. ANAND PRAKASH TIWARI**
* RESEARCH SCHOLAR, UNIVERSITY OF LUCKNOW
** ASSISTANT PROFESSOR AT DAV DEGREE COLLEGE, LUCKNOW
BEST CITATION – AYUSHMAN TIWARI & DR. ANAND PRAKASH TIWARI, FROM CONVICTION TO CONSTITUTION: THE BUDHADEV KARMASKAR CASE AND THE JUDICIAL RECOGNITION OF SEX WORKERS’ RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 550-559, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I959
Abstract
Budhadev Karmaskar v. State of West Bengal is a landmark judgment in which the Supreme Court of India transformed a routine criminal appeal arising from the 1999 murder of a sex worker in Kolkata into a suo motu public interest litigation that redefined the constitutional rights of sex workers across the country. This paper provides a comprehensive case analysis, tracing the procedural journey from the original conviction under Section 302 of the Indian Penal Code to the Court’s sweeping directions issued on May 19, 2022 under Article 142 of the Constitution. It examines the constitutional architecture deployed by the Court, including the right to life with dignity (Article 21), equality before law (Article 14), freedom of profession (Article 19(1)(g)), prohibition of trafficking (Article 23), and the directive principles under Articles 39(a), 42, and 47. The paper also evaluates the impact of the transition from the IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on the implementation of the Court’s directions. While acknowledging the judgment’s achievements — including the clarification that voluntary sex work is not illegal, protection from police harassment, and access to welfare benefits — the paper critically assesses the persistent gaps: the continuing criminalisation of brothels and soliciting under the Immoral Traffic (Prevention) Act, 1956, the absence of parliamentary legislation, and the uneven implementation across states. It concludes that the Supreme Court has done its part, but the unfinished revolution requires legislative action, police reform, social sensitisation, and a fundamental shift in societal attitudes to make the constitutional promise of dignity a lived reality for every sex worker in India.
Keywords: Budhadev Karmaskar, sex workers’ rights, Article 21 dignity, Article 142, ITPA, BNS, BNSS, constitutional law, rehabilitation, Supreme Court of India.