FACTS
The incident took place on the 17th of September, 1999. Shrimati Chayay Rani Pal alias Buri, was a 45-year-old sex worker and was a resident of a three-story building on Jogen Dutta Lane, which is the red light area of Kolkata. She was sleeping outside her room which was on the second floor near the staircase. Around 9:00 pm, the accused Budhadev somehow climbed up to the second floor and tripped over Buri which led to a heated argument between the two. The accused then assaulted her with fists and feet. She fell to the first floor, and the accused did not stop there and then went to pull her hair and push her head against the wall. Due to all this noise, Asha Khatun the then maid raised the alarm and saw the incident which had taken place which made her the sole witness of this horrific scenario. Other residents started arriving and were witness to the lifeless body of Buri, when the protest started the accused fled. Later, in the post-mortem, 11 injuries were found in Buri’s deceased body.
ISSUES RAISED
1. Does India allow prostitution?
2. Do the sex workers enjoy the same legal protections as well as equal human rights?
3. Would the accused be charged under Section 302 of the Indian Penal Code of 1860?
CONTENTION
Arguments by the Appellant:
The defense attorney vehemently refuted all allegations made by the prosecution against the accused by saying that the injuries were the result of continuous falling from the stairs. The attorney further argued that Asha Khatun, the eyewitness’s testimony cannot be considered as she was not present for the cross-examination under Section 164 of the Code of Criminal Procedure. And, he also questioned the credibility of the prosecution as the other residents who witnessed the crime scene were not presented as a witness.
The appellant argued that the trial court’s insufficient evidence was insufficient to establish his guilt, citing gaps and inconsistencies in circumstantial evidence. The defense questioned the credibility of prosecution witnesses, citing contradictions in their testimonies. The appellant argued that the case was built entirely on circumstantial evidence, which should be scrutinized with greater caution. The prosecution failed to establish a complete and unbroken chain of circumstances that conclusively pointed to his guilt, highlighting the need for greater scrutiny of the circumstantial nature of evidence.
RATIONALE
Arguments by the Respondent:
The prosecution proved that the injuries were inflicted by physical abuse and not by any fall as per the post-mortem report. The State of West Bengal defended the conviction of Karmaskar, citing sufficient and convincing evidence from witnesses. They argued that the trial court correctly concluded that Karmaskar was guilty. The prosecution defended the reliability of their witnesses, asserting that any inconsistencies were minor and did not detract from the case’s strength. The State also argued that the circumstantial evidence formed a complete chain, leading to the conclusion that Karmaskar was guilty, leaving no room for doubt regarding his involvement in the crime.
JUDGMENT
The accused was sentenced to life imprisonment. He appealed the decision of the Calcutta High Court, but the Supreme Court dismissed his appeal. The Supreme Court then made a landmark judgment by making the High Court’s order a matter of public litigation and suggested steps to give the sex workers the life they were deprived of.
The Supreme Court of India upheld the conviction of Budhadev Karmaskar, focusing on the rights and welfare of sex workers. The court acknowledged the plight of these workers, who are often subjected to exploitation, violence, and social ostracization. The Court emphasized the importance of treating them with dignity and respect, acknowledging their rights under Article 21 of the Indian Constitution. The Court appointed a panel to investigate the conditions of sex workers and suggest measures for their rehabilitation and welfare. This panel was tasked with providing recommendations on improving living conditions and offering alternative means of livelihood. The Supreme Court directed both the central and state governments to implement the recommendations, including providing technical and vocational training to sex workers.
The judgment also highlighted the need for society to change its perception of sex workers, as social stigma and discrimination contribute significantly to their marginalization and vulnerability. The Court called for a more compassionate and humane approach towards sex workers, advocating for their acceptance and integration into mainstream society. This judgment is a prime example of judicial activism, where the Supreme Court extended its role beyond the adjudication of a criminal appeal to address broader social issues. By focusing on the rights and welfare of sex workers, the judgment marks a significant shift towards recognizing and protecting the rights of marginalized groups. However, effective implementation of the directives for rehabilitation and welfare measures poses significant implementation challenges.
The judgment has the potential to influence future legislation and policies related to sex work in India, setting a precedent for more progressive and humane laws concerning sex workers. The principles laid down in this judgment can be applied to other marginalized and vulnerable groups facing similar issues of exploitation and social exclusion.
JUDICIAL ACTIVISM
Judicial activism is a proactive approach by the Supreme Court in India, addressing broader social issues and providing a framework for improving the lives of sex workers. This case recognizes the rights of sex workers, who have historically been marginalized and stigmatized. The Court’s directives aim to provide them with opportunities for rehabilitation and integration into society. However, implementation challenges arise, such as substantial resources, coordination between government agencies, and sustained efforts. Additionally, societal attitudes towards sex workers need to change to ensure successful reintegration.
The case has implications for the legal framework governing sex work in India, highlighting the need for reforms to protect the rights of sex workers and ensure their safety. By focusing on rehabilitation rather than criminalization, the judgment advocates for a more humane approach, potentially influencing future legislation and policy-making.
The judgment’s broader implications extend to other marginalized groups, underscoring the judiciary’s role in upholding the rights of vulnerable populations and ensuring social justice. By addressing systemic issues affecting sex workers, the Court sets a precedent for similar interventions in other areas where marginalized groups face discrimination and exploitation.
DEFECTS OF LAW
This case highlighted the inhumane treatment that sex workers living in India face daily. A report was submitted in the year 2016 which said that there is no law protection and rehabilitation of sex workers. The Supreme Court exercised its power under Section 142 of the Indian Constitution and passed a judgment that shall recognize sex work as a legal profession.
The Court gave strong instructions regarding the protection of the dignity of the sex workers which said that they shall not be deprived of any fundamental rights as they are citizens of India and under Article 21, there shall not be any discrimination.
INFERENCE
The case of Budhadev Karmaskar vs The State of West Bengal brought about the terrible conditions and treatment the sex workers receive from society in light. The stigma that is vested in society regarding the occupation of sex work needs to be corrected. It is the choice by which some do this job due to poverty and so on, and are not forced, however, the Immoral Traffic (Prevention) Act, 1956 (ITPA) had come sections which made the sex work illegal all over which has to be rectified. So, that the sex workers can live a dignified life and receive better treatment from all. The Indian Constitution, particularly Article 21, guarantees the right to life, including the right to live with human dignity and the bare necessities of life, including adequate nutrition, clothing, and shelter. This right extends to sex workers, regardless of whether their profession is socially recognized or legal. The Supreme Court’s directives under Article 142 of the Constitution ensure fundamental rights for sex workers and their children. Society, particularly administrative authorities, must be sensitive to this matter and treat sex workers with normal dignity. It is essential to raise societal awareness of the fundamental rights enshrined in the Constitution, as children of sex workers also face discrimination and ridicule in society. Raising societal awareness is crucial in addressing the social discrimination and social stigma faced by sex workers and their children.
POSITIVE ASPECTS OF LEGALISATION OF PROSTITUTION
Sex workers in prostitution face numerous challenges, including lack of access to justice, exploitation by middle men, and apathy from administration. To address these issues, the government should consider legalizing brothels, allowing sex workers to have their own ID cards and documentation with the government. Legalized organizations should be established to inform workers about their rights and working hours. Regular health inspections and mandatory use of protection (condoms or pills) can help decrease the spread of Sexually Transmitted Diseases (STDs). Regularization of wages and working conditions, such as a fixed wage per customer and hygienic working conditions, can also benefit sex workers’ health and well-being. Additionally, the government may consider taxing brothels’ incomes, as the owners and agents have been caught with black money. By addressing these issues, sex workers can work towards a more just and equitable society.
Name: Trisha Chakraborty
B.A LL.B, 1st year.