As Per Rule Sex Work An Offence Only In Public: Mumbai Court

The Mumbai court has recently set aside an order of the magistrate and directed a shelter home to set liberty of a 34-year-old woman sex worker detained there.

It stated that, sex work can be called an offense when one engages in it in a public place causing annoyance to others.

Additional Sessions Judge CV Patil set aside the magistrate court’s order the previous month. The detailed order was made available recently.

In February, the woman got detained following a raid at a brothel in suburban Mulund. Thereafter, FIR was registered against the accused, and, along with the 2 others, she was produced before a magistrate court in Mazgaon.

After analyzing the medical report, the magistrate found that she was a major and sent her to the Navjeevan Mahila Vastigriha, Deonar, for a year to care for, protect and give shelter from the date of order.

In her plea before the sessions court, the woman disproves indulging in any immoral activities.

Therefore, the sessions court in its order held that the magistrate, only on the antecedent ground of indulging in a similar kind of offence, detained the victim.

However, the order is under challenge only on the antecedent ground that the victim was found involved in a similar act, but the victim is major. The judge said that she has the right to do work.

The sessions court said that, “As per rule, to involve in sex work is not itself an offense, but to do sex work in a public place so as to cause annoyance to others can be called as an offense.”

The session’s judge stated that in such circumstances, detaining the victim only on the ground of an antecedent of similar work is improper.

The court observed that, the victim has 2 kids, and they certainly need their mother, and if the victim is detained against her wish, it certainly reduce her right to move freely all over India.

Hence considering the legal position, major age of the victim, the magistrate court’s order dated March 15 needs to be set aside and the victim needs to be set at liberty.