PANAJI
In a major decision, the Supreme Court has directed revising the nomenclature in the ‘Handbook on Combating Gender Stereotypes,’ published by the Court in August 2023.
The term ‘sex worker’ has been replaced with a more compassionate terminology to reflect the evolving understanding of the issue as ‘Trafficked victim/survivor,’ or ‘woman engaged in commercial sexual activity,’ or ‘woman forced into commercial sexual exploitation.’
This change was prompted by suggestions provided by anti-trafficking NGOs pan-India including Anyay Rahit Zindagi based in Goa. The NGOs had written to the Chief Justice of India Justice D Y Chandrachud, on August 28, requesting to reconsider the use of the term sex worker in the glossary of terms mentioned in the Handbook.
“Based on your suggestion, the nomenclature/word “sex worker” is being changed to the following: “Trafficked victim/survivor or woman engage in commercial sexual activity or woman forced into commercial sexual exploitation.”
The CJI sends his regards to all of you for raising a valid concern and the change will be updated soon in the Handbook,” reads a communiqué by Deputy Registrar (CRP, SC) Anurag Bhaskar in a mail to ARZ.
The NGOs had shared with CJI that the alternative language for words like “hooker and prostitute” is mentioned as “sex worker” and this may end up promoting another set of gender stereotypes.
They also raised concern that most women who end up in situations of commercial sexual exploitation or prostitution are trafficked into the commercial sexual trade as clearly defined under Section 370 of the IPC.
“The Immoral Trafficking Prevention Act, 1956, acknowledges the fact that while women are free to engage in commercial sexual activity, anyone who forces or lures them into this activity shall be prosecuted including those living off their earnings.
Section 2 (f) of the ITPA, 1956, defines prostitution as the sexual exploitation or abuse of persons for commercial purposes, and the expression ‘prostitute’ is to be construed accordingly.
“This law was legislated keeping in mind that most women are forced, kidnapped, lured, and trafficked into situations of commercial sexual exploitation,” the suggestions read, adding, “By using a generic term like sex worker, one may be assuming that all women engaged in commercial sexual activity may be in this out of free and positive choice. It negates the reality that most women enter the trade through force or fraud and many remain in it out of negative choice due to lack of better alternatives.”
