THE UNSEEN STRUGGLE: SEX WORKERS’ RIGHTS AND LEGAL CHALLENGES IN INDIA: A CONSTITUTIONAL IMPERATIVE TOWARDS JUSTICE
AUTHOR – AMRENDRA KUMAR, STUDENT AT JHARKHAND RAI UNIVERSITY
BEST CITATION – AMRENDRA KUMAR, THE UNSEEN STRUGGLE: SEX WORKERS’ RIGHTS AND LEGAL CHALLENGES IN INDIA: A CONSTITUTIONAL IMPERATIVE TOWARDS JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 735-743, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
In the vibrant yet often contradictory tapestry of Indian society, the lives and rights of sex workers remain largely obscured, entangled in a web of legal ambiguity, societal stigma, and moralistic judgments. The legal framework governing the rights of sex workers in India, with a focus on the Immoral Traffic (Prevention) Act, 1956[1] (ITPA), and its implications for the dignity, safety, and empowerment of sex workers. Despite the prevalence of sex work in India, sex workers face systemic marginalisation, violence, and exploitation due to the criminalisation of their profession and the lack of a rights-based legal approach. By comparing India’s legal framework with international models, such as with the Netherlands, the study highlights best practices that could inform reforms in India. The findings underscore the urgent need for decriminalization and the adoption of a rights-based approach to sex work, ensuring legal protection, social inclusion, and economic empowerment for sex workers.
Furthermore, it will discuss the perspectives of sex workers’ rights and the potential pathways towards a more just and more equitable and a safer environment for sex workers are created, all whilst keeping the broader goals of societal well-being and prevention of exploitation is prioritized.
[1] The Immoral Traffic (Prevention) Act, 1956