Case Commentary – BUDHADEV KARMASKAR VERSUS THE STATE OF WEST BENGAL & ORS.

P. RATHNA PRABHAVATHI

Chennai Dr. Ambedkar Government Law College, Pudupakkam.

Best Citation – P. RATHNA PRABHAVATHI, Case Commentary – BUDHADEV KARMASKAR VERSUS THE STATE OF WEST BENGAL & ORS., 2 (5) & 28 of 2022, IJLR.

Abstract

Even though the Indian Constitution guarantees  equal rights and powers to every person in the nation, it is repeatedly necessary to reclaim this right to some weaker peoples like sex workers. In the case of Budhadev Karmaskar v State of West Bengal , a sex worker was murdered in brutal manner for denied to have sexual intercourse with the appellant. So the sex workers are challenged to live in the society. Prostitutes are not considered as a normal people because many of them involved forced sexual intercourse. In this case, Article 21 of the Indian Constitution, 1950 the right to life. This is one of the landmark judgement by the Supreme Court for the protection of the sex workers and give the wide interpretation of the Article 21, right to dignity of the sex workers. The Supreme Court’s decision to convert the current Criminal Appeal into a Suo Moto suit was a progressive move toward recognising the rights of India’s sex workers. Because the constitution protects their right to practise their profession and live a decent life as they are legally entitled to, it also protects their right to do so similarly to the rights of other citizens.

Keywords: Sex workers, Right to life with dignity, Right to practice profession , right to live  a decent life,