Sex Work As Work

DISSERTATION TOPIC: RECOGNITION OF SEX WORK AS
WORK: JUDICIAL STIGMA, CRIMINALIZATION AND

CONSTITUTIONAL CONTOURS
BY JEBA BOKTIAR MONDAL
20181BAL022
SYNOPSIS
.
The dissertation will begin with an overview detailing the impact of criminalization on
marginalization and stigmatization of sex workers. The dissertation will discuss how law
enforcement agencies operate with prejudiced mindset and how criminalization works as a
justification for atrocities committed on them and their exclusion from social entitlements. In
Lok Sabha debates and judicial rulings sex-workers have been repeatedly termed as ‘blot on
society’ and the act of prostitution as inherently immoral activity. These sentiments of illegality
and immorality surrounding sex work are major cause of their impoverishment. The first
segment deals impact of criminalization on sex worker’s access to health services, housing, food,
justice and other social entitlements. The second segment deals with the inadequacies in the
existing rescue and rehabilitation regime. The third segment provides some suggestions which
have drawn their insights from the capabilities approach. The dissertation argues in that segment
that to address the issue of stigma and violence faced by sex workers first step should be to
decriminalize the acts associated with consensual sex between adults under ITPA. The second
step is focused on policy recommendations to develop full capabilities like economic autonomy
and wellbeing for sex workers.
The analysis will also include the study of the role that empathy could play in adjudication of
cases involving sex workers in India. The researcher will highlight the inadequacies of the
current legal framework to deal with cases which have consequences for lives of thousands. The
objective of this dissertation is to study how lack of empathetic adjudication and law making has
failed to serve the very purpose of enacting welfare intending acts like ITPA.
Furthermore, the dissertation will cover analysis of 50 case laws from different high courts and
the Supreme Court. The cases have been selected spanning last seven decades and from different
high courts in order to show the uniform prevalence of prejudice and bias towards sex workers
which often reflected in decision making of judges.
The dissertation will then focus on the issue of transactional sex as a fundamental human right
protected within the framework of articles 19 and 21 has been explored. The dissertation holds that
transactional sex is a constitutionally protected eco nomic right as an extension of human dignity and
consent. The argument is premised on notion that Transactional sex is a form of labour similar to
other kinds of labour and should be immune from state paternalism in the interest of justice. Since in
Navtej Johar case it was held that consensual sex between adults is a matter of private autonomy any
state action interfering that autonomy is unconstitutional, the dissertation extends the argument in
favour of consensual sex in lieu of money and holds that every person has right to trade and
profession subject to reasonable restriction. The legislations regulating transactional Sex in India are
disproportion ate in nature and don’t fall under the exception of reasonable restriction provided under
Article 19. As consensual sex is constitutionally valid act, Article 19(1) (g) poses no obstacle
perform a constitutionally valid act for commercial purposes.
Finally, the dissertation will make suggestion for amending the provisions of ITPA to address the
prevailing circumstances causing suffering and injustice towards the sex workers.
The dissertation's findings will contribute to the ongoing global debate around legalization of sex
work and provide insights into the effectiveness of the legal framework in addressing it. The
sociolegal analysis will provide a broader understanding of the socio-cultural and legal factors
that influence the legal framework’s implementation and effectiveness. The recommendations
will offer practical solutions to enhance the legal framework’s effectiveness in addressing sexual
violence.
Chapter 1: Introduction
1.1 Background
1.2 Problem statement

1.3 Research objectives
1.4 Research questions
1.5 Significance of the study
1.6 Scope of the study
1.7 Limitations of the study
1.8 Organization of the study
Chapter 2: Literature Review
2.1 The impact on Criminalization on sex workers’ social entitlements

2.2 Inadequacy of rescue and rehabilitative measures
2.3 Capabilities approach: Decriminalization and enhancing economic autonomy for sex workers
2.4 Philosophical debates surrounding legalization of sex work
2.5 Linguistic Construction of a pain and suffering: Victimless crimes
2.6 Herculean Judges of Dworkin: How courts failed to be impartial in “Objective legal culture”
2.7 Constitutional rights under article 21 and 19 vis a vis sex work
2.8 Policy recommendations
Chapter 3: Research Methodology
3.1 Research design
3.2 Data collection methods
3.3 Sampling technique
3.4 Data analysis method
3.5 Ethical considerations
Chapter 5: Conclusion
5.1 Summary of findings
5.2 Implications of the study

5.3 Recommendations for legal reforms in India
5.4 Suggestions for future research
5.5 Conclusion
References

Sex Work As Work

Uploaded by

Copyright:

Available Formats

Sex Work As Work

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sex Work As Work

Uploaded by

Copyright:

Available Formats

DISSERTATION TOPIC: RECOGNITION OF SEX WORK AS

WORK: JUDICIAL STIGMA, CRIMINALIZATION AND

1.2 Problem statement

1.4 Research questions

1.5 Significance of the study

1.6 Scope of the study

1.7 Limitations of the study

1.8 Organization of the study

Chapter 2: Literature Review

2.1 The impact on Criminalization on sex workers’ social entitlements

Chapter 3: Research Methodology

3.1 Research design

3.2 Data collection methods

3.3 Sampling technique

3.4 Data analysis method

3.5 Ethical considerations

5.1 Summary of findings

5.2 Implications of the study

5.4 Suggestions for future research

You might also like