Sex worker can't claim special treatment after violating law: Delhi HC

The Delhi High Court has refused to grant interim bail to a sex worker accused of trafficking minor girls and said that while a sex worker is entitled to all rights available to a citizen, she cannot claim any special treatment and will face the same consequences as others in case of violation of the law.

Justice Asha Menon noted the accused’s reliance on a Supreme Court judgement declaring that a sex worker was entitled to all the protection under the law, and observed that the present case was not one where her rights required protection.

“The applicant has been accused of offences not merely under the Immoral Traffic (Prevention) Act, 1956, but also under Sections 370 IPC (Trafficking of person) and 372 IPC (Selling minor for purposes of prostitution, etc.) which are extremely serious offences,” said the judge in her order dated August 2.

“No doubt, a sex worker is entitled to all rights available to a citizen, but at the same time, if she violates the law, she would be subjected to the same consequences under law and cannot claim any special treatment,” the court said.

The accused, who was arrested from a brothel in March last year, sought at least a week’s interim bail from court on the ground that her mother required urgent knee replacement surgery.

The judge said that the case pertains to an FIR that was registered after rescue operations were carried out and the conduct of the accused did not invoke the confidence of the court.

It further noted that as per the police status report, the prosecutrix –- one of the recused girls — identified the accused as the one who forced her into prostitution and did not allow her to leave the brothel.

The court said that no ground was made out for the grant of interim bail to the accused as the prosecutrix was yet to be examined by the trial court and the probability of her escaping from the law was very high.