• This case concerns the 45-year-old sex worker Shrimati Chayay Rani Pal, also known as Buri, who was killed by the appellant, Budhadev Karmaskar.

• The incident happened on September 17, 1999, at approximately 9:15 p.m. in a three-story building located in Kolkata’s red light district, Jogen Duta Lane. Buri was a tenant in the structure.

• The deceased had been sleeping outside her room, which was located close to the second-floor stairway, before the event. The accused approached her expressing a desire for sex, something that Buri, the dead, declined.

• The deceased was abused by the accused in a fit of rage, who kicked, thrashed, and smashed her hands and legs in addition to repeatedly hitting her skull. The deceased fell to the first floor, but the accused did not stop there. He pulled her by her hair and struck her skull against the wall.

• Asha Khatun, who was on the second floor, saw the incident with her own eyes. In response to a protest being made against him, he fled to protect himself. 

• Buri passed away en route to the Medical College Hospital despite being sent there right away. She suffered eleven facial injuries as a result of the assault, including bleeding from the head, nose, and ear. At around 2:15 a.m., or five hours after the incident, the accused was taken into custody by the police in Jogen Duta Lane.

2. ISSUES RAISED 

The lifestyle of those in this industry was now a factor in the problem, in addition to the murder. To address the concerns, a panel on constitutional law was also established in 2011. Mr. Jayant Bhushan, senior attorney, Mr. Pradip Ghosh, etc. were on the panel. Among the problems are:

• It is imperative to stop human trafficking.
• If sex workers want to quit the industry, steps need to be made to help them get back on their feet.
• The conditions, way of life, and dignity of those who aspire to enter or remain in this line of work must be developed. Article 21 of the Indian Constitution mandates that this be done.

3. CONTENTIONS

Arguments of the prosecution:

• Due to conflicts about having sex, the accused and the deceased engaged in frequent physical altercations and violent arguments. Thus, the accused’s commission of this offense is not entirely out of the ordinary.  
• Furthermore, “Abeda,” an eyewitness, was not there when the incident started, but she hurried to the second floor after hearing noises there. Her account of what happened then matched Asha Khatun and Parvati’s earlier accounts, supporting Asha’s claim.
• In addition, the skilled medical professional who wrote the report made it apparent that the deceased had been beaten by the accused in any case because eight of the eleven bruises were sufficient in the ordinary course of nature to cause death.

Arguments made by the Defendant

• It was argued that because eye witness Asha Khatun did not appear for the cross-examination, which is when she was supposed to provide evidence to support her testimony by Section 146 of the CrPC, her statement made during the examination-in-chief could not be admitted into evidence in court. The Learned Advocate provided evidence for this point by citing the case of Raghuvir Singh v. State of Uttaranchal, in which the lack of cross-examination prevented the eyewitness’s statement from being considered.
• Furthermore, the majority of the other witnesses arrived considerably later and were not present on the second floor when the incident occurred, so it’s probable that they were not fully informed.
• To disprove the allegations, the advocate also questioned the doctor, Dr. A. Das. During the interrogation, the doctor stated that the deceased had died from 11 major injuries, but he also stated that those injuries could have been caused by a fall down stairs, and since no one was there, there was no way to confirm that the victim had died from an assault.

4. RATIONALE 

In all Indian cities, the Central and State Governments are mandated to devise programs for providing technical and vocational training to women who are sexually abused and sex workers.

The plans should specify exactly who will provide the technical or vocational training as well as how they will be employed to help them settle in and receive rehabilitation.

Article 21 of the Indian Constitution guarantees prostitutes the right to a dignified life because they are human beings too, and their issues demand attention. A lady is forced into prostitution due to her poverty rather than her desire for pleasure. A woman, by using the technical and vocational training provided by state actors would be able to make a living.

5. DEFECTS OF LAW

Dealing with the rescued victims of sex trafficking is a big challenge, according to Ms. Archana Ramasundaram, additional DIG of Tamil Nadu Police. This is because the managers and sex rackets are informed of the rescue operation ahead of time, making them wary of their visit. Furthermore, it is reported that girls are recruited into different gangs and pressured into the sex industry by their family members, primarily through the involvement of traffickers and peddlers. Therefore, the rehabilitation of the victims would become much more difficult, and a successful rescue effort would be destined to fail unless the connection between the traffickers, the owners of the brothels, and the relatives of the victims is broken.

Thus, it is evident how the sex trafficking industry is thriving due to legal loopholes and the police department’s limited authority. Furthermore, the majority of the monies intended for the improvement and careful inspection of the brothels to stop these forced laborers are being used for other purposes, which calls for stringent regulations.

Nonetheless, the primary legal flaw is evident in the conflict between some provisions of the Immoral Traffic (Prevention) Act, 1956, and subsequent rulings from the Supreme Court. For instance, Section 3 of the Act limits their freedom of trade by making it unlawful and punished by law to operate a brothel. Section 4: An adult who relies on prostitution for her income is subject to penalties under this Act. According to Section 8, it is illegal to seduce someone in public for prostitution. The recent ruling that explicitly declares that sex work is recognized as a type of job is hampered by these provisions.

6. INFERENCE

This landmark verdict serves as a shocking illustration of the horrifying abuse and murder of sex workers at the hands of demons who view them as nothing more than commodities. It sends a social message that, in a civilized society, such barbaric crimes should not be tolerated.

This case brings to light the appalling conditions of sex workers, who perform their jobs out of need rather than a sense of enjoyment. They nonetheless have the right to live with dignity even though their line of work carries a social stigma.

This Court has specifically inserted the constitutional respect for human decency and dignity into Article 21. Sex workers and their children are entitled to basic protections of human decency and dignity. Because of the social stigma associated with their work, they are marginalized and denied opportunities to live dignified lives for their children.

Every person has the fundamental right to life and personal liberty under Article 21 of the Indian Constitution. However, because of the societally accepted stereotypes, it almost seems unattainable.

Sex workers will continue to be taken advantage of by those who despise them as long as prostitution is not accepted by the law as a profession. The Supreme Court took suo moto cognizance of this case and established standards for protecting the rights of sex workers to aid in the prevention of such horrible crimes.

Divyansh Giri

Amity Law School Noida