Sex workers entitled to rights but can’t claim special treatment: HC

New Delhi: A sex worker is entitled to all rights available to a citizen but she cannot claim special treatment on violating the law, the Delhi high court has said while denying bail to a woman accused of human trafficking and flesh trade

New Delhi: A sex worker is entitled to all rights available to a citizen but she cannot claim special treatment on violating the law, the Delhi high court has said while denying bail to a woman accused of human trafficking and flesh trade.

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“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,” Justice Asha Menon said.

According to the prosecution, the accused had forced 13 minor girls into prostitution and was arrested after rescue operations were conducted at the brothel. It had said that the accused was arrested in March 2021 after one of the minors had testified against her.

On August 2, while denying her bail, Justice Menon said that there is high probability of the accused escaping from the clutches of law.

The court also noted the police’s submission that much effort had to be made to trace out the brothel owner “Mala Lama” aka “Punjabi Didi” alias “Nani” who could be only arrested on July 11, 2021 from Mumbai.

The judge also noted that out of the total of 13 girls rescued, 12 girls did not make any statement implicating any person of trafficking. She added that 10 out of these 12 girl, who were placed in Critical Care Centre Dwarka Sector-19 escaped on May 3, 2021,

“Who helped them escape, though rescued through a raid at the brothel? Suspicions would arise that the same networks may have been involved. There is no gainsaying that the girls were rescued from the brothel where the applicant was also soliciting customers. It becomes a matter of concern, for she too could try to reach out to the prosecutrix to try and influence her and/or prevent her from testifying before the court,” the judge noted in her order.

The court said that no ground for bail is made for the accused in view of the serious allegations made against her.

The accused had sought interim bail for a week for urgent knee replacement surgery of both her knees.

However, this was opposed by the state’s counsel who contended that there was a very good chance of the accused absconding and influencing the prosecutrix.

He said that the complainant has to be examined and the trial would suffer if the bail was granted, adding that applicant (accused) being a sex worker would indulge in the same activity, if released on bail.

The counsel for the minor complainant had said that the accused would try to influence the prosecutrix, as out of the 13 minors rescued only one has had the courage to come in the open.