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They Are The Victims, Not The Accused.

The Supreme Court Judgment on 27 per cent reservation has eclipsed, at least in the media, a momentous decision given by the Madras High Court on Thursday. The High Court in a landmark order, directed the state authorities to convert the government vigilance homes and protective homes in the city as a model one.

Tamil Nadu government is directed to take immediate steps by utilising funds given by UNODC (United Nations Office on Drugs and Crime) for converting government vigilance/protective homes as model home', the first Bench, comprising Chief Justice A P Shah and Justice Prabha Sridevan, said while passing interim orders on a PIL.

That is only one part of the judgment. The more important directive of the Court is that police personnel dealing with cases involving immoral trafficking and prostitution should not victimise sex workers. The Judges also told Judicial Magistrates to treat such workers as 'victims' and not as accused.

Society should realise that most of them don't enter this profession out of volition, but out of compulsion, the most important reason being abject poverty. They would love to be respected citizens of society. They have no dreams, only nightmares. Their working conditions are the worst that society can offer. The Police is after them. They are perpetually harassed. We should pity them rather than condemn them.

We should not forget that they have the same human rights as everyone else, particularly rights to education, information, the highest attainable standard of health, and freedom from discrimination and violence, including sexual violence. They are stigmatized and marginalized, which can prevent them from seeking legal redress for discrimination, non-payment by a client, assault or rape.

In the context of the Judgment of the Madras High Court, we may consider legalisation of sex work. This would allow it to be carried out in better organized circumstances, where regulations could reduce if not eliminate the transmission of HIV and other sexually transmitted diseases.

More Articles April 12th, 2008


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