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.

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Gaurav Jain vs Union Of India & Ors on 9 July 1997

Introduction

This case is a public interest litigation by a public-spirited advocate regarding the rights of the children of sex workers.

Facts

Gaurav Jain, a public-spirited advocate filed public interest litigation in the supreme court on behalf of the sex workers. His contention was to provide separate schools for the children of prostitutes as they are deprived of proper education and rehabilitation, they are vulnerable to commercial exploitation and physical and sexual abuse. He prayed for providing separate hostels for these children so that they are away from the environment of abuse and they get an opportunity to learn and grow at par with the other children in the society and their childhood is protected. They have a right to free citizenship and dignity like any other human being and also should be protected from the flesh trade.
The court passed an order on 15-11-1989 whereby it was said that instead of providing separate hostels for them, they should be allowed to mingle with the other children in the mainstream society. Instead of disposing of the petition, a committee was formed comprising of S/Shri V.C. Mahaja, R.K. Jain, Senior Advocates, and others including M.N. Shroff, Advocate, as its Convenor to submit its report regarding appropriate actions be taken.

Issue

The main question that arose was what are the rights of the children of fallen women, the modules to segregate them from their mothers and others so as to give them protection, care, and rehabilitation in the mainstream of the national life? And as a facet of it, what should be the scheme to be evolved to eradicate prostitution

Judgment

It was held that there are constitutional provisions like article 23 and also statutes like the immoral traffic prevention Act 1956 in order to prevent prostitution. The state governments have to take proper action to irradicate prostitution and also to rehabilitate the women and children who fall into such traps.
This judgment would do justice to these children as they would not be deprived of their basic rights like the right to education, health, and most importantly, their right to life with dignity.

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