Sex-workers are also entitled to a life of dignity under article 21

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

Budhadev Karmakar v. State of West Bengal

Significance:

A person becomes a prostitute not because she enjoys it but because of poverty. Sex-workers are also entitled to a life of dignity under article 21. They are also equal to citizens of India. State government and central government must take up welfare schemes for the sex-worker if they want to come out of that profession and seek opportunities in other professions.

Facts:

It was a brutal murder of a sex-worker, she was beaten mercilessly by the appellants on the night of 17-9-1999 in Kolkata. She was kicked with fists and legs. Then she was caught by her hair and her head was banged against the floor. She was seen profusely bleeding, the victim was taken to hospital and was found dead on arrival. This incident was witnessed by four persons. The post-mortem report found 11 injuries on the body.

Contentions of the appellant:

The appellants contended that the testimony of the prosecution witnesses 2, 7, and 8 were not proper and cannot be relied upon. The appellant questioned the reliability of pw2, 7, and 8 testimony.

Contentions of the respondent:

Pw2 has seen the appellant catching the victim by her hair and banging her head against the wall. Pw8 saw the victim being mercilessly beating the appellant and the same is the evidence of pw7. There is no reason to believe the testimony of eye-witnesses in the case which corroborates the medical evidence. The appellant has committed the brutal murder of the helpless woman and deserves no sympathy from the court.

Issue:

Whether the appellant is guilty of committing the murder of the victim.

Decision:

The court held that the appellant is guilty of committing the murder of the victim. The appeal is dismissed and in what manner they can be rehabilitated and settled 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 treat her in an inhuman manner.