Adults indulging in sex work with own consent is not offense: HC

CHENNAI: Observing that an adult who is indulging in sex work with his or her own consent is not an offense, the Madras High Court had directed the state police department not to take action against any sex worker who is being an adult and indulging in the work on their own consent and interest.

"Any sex worker, being an adult and indulging in sexual activity with his/her own consent, the police authorities should refrain from taking action against such individuals," Justice N Sathish Kumar ruled.

The judge made these observations on allowing a criminal original petition filed by a petitioner named Udhaya Kumar.

The petitioner who is an accused in the brothel case prayed for a direction to quash the criminal case filed against him by the Anti-Vice Squad – II, Chennai City Crime Branch (CCB) for allegedly caught while he was indulged in the sexual act during a raid in a massage centre.

However, the petitioner’s counsel D Prasanna Kumar submitted that his client was not involved in any such action and the FIR was filed against him merely on the ground that he was present in the center.

“Even if the entire allegations are taken together, it would not attract any offense. Doing sex work is not illegal and only running a brothel is illegal, ” the advocate submitted.

Concurring with the lawyer, the judge held that the act of the petitioner also cannot be said to be an act of pressurizing the sex workers to commit acts, in which they were not interested.

The judge further pointed out a verdict of the Supreme Court in the case of Budhadev Karmaskar vs The State Of West Bengal and Others that whenever any brothel is raided, sex workers should not be arrested or penalized or harassed or victimized and it is only the running of the brothel, which is unlawful.

"From the facts, as is evident from the FIR and the alteration report, there is no whisper about any coercion on the sex workers to commit the act, more so from the petitioner, ” the court noted.

The petitioner not being alleged to be a person coercing the sex worker to commit the sexual act, continuing the FIR against this petitioner is nothing but a futile exercise and would serve no purpose, the judge observed and quashed the case filed against him.