National: Sex Work: Kerala HC’s Landmark Ruling
In a landmark ruling, the Kerala High Court has issued a profound statement on the sensitive issue of sex work, declaring that individuals availing services from sex workers in brothels cannot be termed “customers.” The court emphasized that sex workers must not be viewed or treated as mere commodities, highlighting the exploitative nature of the trade. This observation arose during the hearing of a case under the Immoral Traffic (Prevention) Act, underscoring the need for humane legal perspectives.
Case Background
The matter originated in 2021 when Thiruvananthapuram city police arrested a man along with a woman under various sections of the Immoral Traffic (Prevention) Act. The man approached the High Court seeking to quash the charges filed against him. Justice Viji A. Arun conducted a detailed examination of the petition, delving into the societal and legal dimensions of sex work.
Court’s Key Observations
The judge clarified that labeling someone a “customer” implies purchasing a good or service, which does not apply here since a sex worker is not an object. Many individuals are coerced into this profession through human trafficking, forced to offer their bodies to satisfy others’ desires. This perspective reframes the transaction as exploitation rather than a commercial exchange.
The court further noted that any payment made is essentially an inducement for sexual activity, with a significant portion benefiting brothel operators. Thus, the individual paying is seen as encouraging prostitution, not engaging in a legitimate purchase.
Legal Analysis and Relief Granted
Following this analysis, the court quashed certain charges against the petitioner. Exemptions were provided under sections related to keeping a brothel (Section 3) and living on earnings from prostitution (Section 4). However, proceedings continue under sections for inducing or seducing someone into prostitution (Section 5(1)(d)) and soliciting in public places (Section 7).
Broader Implications
This partial relief to the petitioner brings clarity on how the law views those seeking sex workers’ services. It signals a shift toward recognizing the vulnerabilities in sex work, advocating for protections against dehumanization. The ruling may influence future interpretations of the Act, promoting a more empathetic approach in judicial proceedings.