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Regular-article-logo Sunday, 19 April 2026

Centre plea to SC on sex trade

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The Telegraph Online Published 13.07.12, 12:00 AM

New Delhi, July 12 (PTI): The Centre today opposed in the Supreme Court a reference on allowing sex workers to operate “with dignity”, saying it would violate the Immoral Traffic (Prevention) Act which bans all prostitution.

Additional Solicitor General P.P. Malhotra urged the Supreme Court to delete the reference on “creating conditions conducive for sex workers to work with dignity” made in its order of July 19 last year.

Malhotra told a special bench of Justices Altamas Kabir and Gyan Sudha Misra that any such endorsement by the apex court would go contrary to the Immoral Traffic (Prevention) Act.

The Supreme Court agreed to examine the Centre’s plea.

Malhotra also asked the bench to remove the Bengal-based NGO Durbar Mahila Samanwaya Committee from a panel constituted by the apex court as the organisation had filed a writ petition before Calcutta High Court in support of prostitution.

The apex court while appointing a broad-based committee had formulated three questions for reference: prevention of trafficking, rehabilitation of sex workers who wish to leave the sex work; and conditions conducive for sex workers who wish to continue working as sex workers with dignity.

The Centre’s move was opposed by senior counsel Jayant Bhushan, acting as an amicus curiae, and Anand Grover who submitted that the Act only prohibited brothel activities and punitive action against pimps.

The counsel said that if a sex worker carries out the activities on her own volition, then it was not an illegal act.

The bench after hearing the arguments said it would examine the issue at length since it did not want to give an impression that the apex court was giving its “stamp of approval” on an act that is purportedly illegal.

On July 19 last year the apex court had constituted a committee of senior lawyers, NGO and government officials to suggest measures to end trafficking and rehabilitate sex workers.

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