Apex Court Recognises Sex Work As 'Profession'; Other Countries Where It Is Legal

The Supreme Court issued a landmark judgement instructing police officers not to interfere with or prosecute consensual sex workers. It claimed that sex work is a profession and that sex workers are entitled to equal legal protection and respect. A panel comprising Justices L Nageswara Rao, BR Gavai, and AS Bopanna issued a raft of orders, noting that authorities responsible for executing the Immoral Traffic (Prevention) Act, 1956 must keep in mind the constitutional protection granted to all people in the country.

Sex workers, according to the court, are entitled to equal legal protection. Criminal law must be applied consistently in all cases based on age and consent. The court went on to say that, under Article 21 of the Constitution, every person in the country, regardless of profession, has the right to a dignified existence. The court also held that sex workers should not be imprisoned, penalised, harassed, or victimised during raids on brothels because voluntary sex work is not unlawful; only running brothels is.

The court also told the cops not to treat sex workers who submit a complaint unfairly, especially if the crime is sexual in nature. Sexual assault survivors working in the sex industry should be provided with every convenience, including prompt medical and legal aid.

Although sex work in India has had a legal sanction, the societal outlook and stigmatisation of the profession had been detrimental. With the significant verdict by the Indian apex court to recognise sex work as a "profession" is a much welcome change in the right direction. How many of us were even aware sex work was legal in India?

There are many other countries where sex work has been legalised for several years. We've compiled a list of a handful of these countries below.

Countries Where Sex Work Is Legal

New Zealand

Prostitution, brothel-keeping, living off the income of someone else's prostitution, and street solicitation have all been made lawful in New Zealand since the Prostitution Reform Act 2003 took effect. The legalization of brothels, escort agencies, and soliciting in 2003, as well as the replacement of a minimal regulatory approach, sparked international interest; New Zealand's sex work regulations are currently among the most liberal in the world.

Australia

Since the implementation of Sex Work Act 1992 also known as 'Anna's Law', sex work has been legal in the territory. The Office of Regulatory Services requires ex-employees to register. Additionally, owners of brothels or escort businesses must register with authorities. But the legality of sex work may differ in each region as the states have different laws. For instance in Western Australia, Northern Territory, and South Australia, independent sex work is legal, but brothels and pimping are illegal.

Bangladesh

While male sex work is prohibited, all other activities pertaining to sex work are permitted. Bangladesh has a serious problem with human trafficking, which is exacerbated by corruption. It is also lawful to pimp and own a brothel. Sex workers must register and sign an affidavit saying that they are entering prostitution voluntarily and are unable to find alternative employment.

Belgium

While sex work is permitted in Belgium, certain related actions, including soliciting and pimping, are not. Municipalities in Belgium may also enact additional prohibitions or regulations. Human trafficking or exploiting people engaged in prostitution carries a maximum sentence of 30 years in jail.

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Colombia

In Colombia, sex work is legal, controlled, and restricted to brothels located in designated "tolerance zones." Regular health examinations are necessary for sex workers. However, because of poverty and internal displacement, the rules are rarely enforced. Moreover, similar to the plight of sex workers in India, Colombian sex workers face continued discrimination, violence and denial of rights for sex workers, an NGO said in its 2016 report.

Netherlands

Sex work is legal and controlled in the Netherlands. It is also lawful to run a brothel. Amsterdam's largest and most well-known red-light district, is a popular worldwide sex tourism destination. In the Netherlands, customers are penalised if the authorities strongly suspect them of having coerced, exploited or are suspected of human trafficking. The law has been enforced since January 2022.

Greece

Sex work is legal and regulated in Greece after the age of 18. Many poor women have turned to sex work as a result of the economic crisis. Greece has adopted the approach of treating prostitution as a legitimate occupation. Sex workers enjoy equal rights and are required to receive regular health checks.