Invoking images of sex workers from Hindi classic film Pyaasa to Dostoyevsky novel to the life of Lord Buddha,the Supreme Court on Monday said prostitutes are also human beings and no one has the right to assault or murder them.
Dismissing an appeal of a person convicted to life sentence for the brutal murder of a sex worker in Kolkatas red light area,a Bench headed by Justice Markandeya Katju noted that a woman is pushed into prostitution not because she enjoys it but because of poverty.
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, Justice Katju wrote in his order.
The plight of prostitutes has been depicted by the great Urdu poet Sahir Ludhianvi in his poem Chakle which has been sung in the Hindi film Pyasa: Jineh naaz hai Hind par wo kahan hain, Justice Katju wrote,referring to powerful characters of sex workers in the works of Bengali writer Saratchandra Chattopadhyaya.
The judgment also refers to Amrapali,who was a contemporary of Lord Buddha and to Sonya Marmelodov in Dostoyevskys famous novel Crime and Punishment in which Sonya is depicted as a girl who sacrifices her body to earn some bread for her impoverished family.
On the night of September 17,1999,the convict,Budhadev Karmaskar,had repeatedly assaulted in a hideous and barbaric manner Chayay Rani Pal alias Buri whom the order says is evidently a sex worker at Jogen Dutta Lane in Kolkata. Later,Buri succumbed to her injuries.
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, Justice Katju ordered.
Issuing notices to the Centre and state governments,the Supreme Court directed them to file compliance reports on the maiden steps taken to rehabilitate sex workers. The next date of hearing is May 4.