In keeping with Article 21, intercourse staff are additionally entitled to a life in dignity

Sex workers are also entitled to a life of dignity under Article 21, written by Rashmi Maruvada, a student at Damodaram Sanjeevaya National Law University Vishakapatnam

Budhadev Karmakar v. West Bengal State

Importance:

A person becomes a prostitute not because he enjoys it, but because he is poor. According to Article 21, sex workers are also entitled to a life in dignity. They are also on an equal footing with Indian citizens. The state government and the central government must adopt welfare systems for sex workers if they want to leave this profession and look for opportunities in other professions.

Facts:

It was a brutal murder of a sex worker, she was mercilessly beaten by the appellate leaders on the night of September 17, 1999 in Calcutta. She was kicked with her fists and legs. Then she was caught by her hair and her head was hit against the ground. She was bleeding profusely, and the victim was taken to the hospital and found dead on arrival. This incident was observed by four people. The autopsy report revealed 11 injuries to the body.

Objections of the complainant:

The complainants alleged that the statements of the witnesses of prosecution 2, 7 and 8 were incorrect and could not be relied upon. The complainant questioned the reliability of the statements made by pw2, 7 and 8.

Objections of the respondent:

Pw2 saw the applicant grab the victim by the hair and hit the head against the wall. Pw8 saw the victim mercilessly beat the appellate leader, and the same goes for pw7. There is no reason to believe the eyewitness testimony on the case that corroborates the medical evidence. The applicant committed the brutal murder of the helpless woman and does not deserve the court’s sympathy.

Problem:

Whether the applicant is guilty of having committed the murder of the victim.

Decision:

The court ruled that the applicant was guilty of the murder of the victim. The appeal is dismissed and in what ways can they be rehabilitated and resolved by offering them employment. This case teaches us that the helplessness of a sex worker does not give one the authority to torture her or to treat her in an inhuman way.

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