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  • Surrogacy in India

    Allow Surrogacy For Single Men, Mothers: Delhi HC

    | Governance | Mains Paper 2: Health & Education

    The Delhi High Court issued a notice to the Union government on a petition challenging some provisions of the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act.

    Issues raised by the petition

    • Currently, the laws does not allow single men to have child through surrogacy.
    • Married women can only avail surrogacy services if they are unable to produce a child due to medical conditions.
    • Otherwise, for women to avail of surrogacy services, they must be aged between 35 and 45 and widowed or divorced.
    • Women can only offer surrogacy if they are aged between 25 and 35 and married with at least one biological child.
    • The laws also require a surrogate to be genetically related to the couple who intend to have a child through this method, their petition said.

    Basis of the Petition

    • The personal decision of a single person about the birth of a baby through surrogacy, i.e., the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
    • Thus, the right to privacy of every citizen or person affecting a decision to bear or beget a child through surrogacy cannot be taken away.

    Distinct features of the Surrogacy (Regulation) Act, 2021

    • Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
    • Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
    • Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
    • Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.

    Eligibility criteria for surrogate mother:

    • To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
    1. A close relative of the intending couple;
    2. A married woman having a child of her own;
    3. 25 to 35 years old;
    4. A surrogate only once in her lifetime; and
    5. Possess a certificate of medical and psychological fitness for surrogacy.
    • Further, the surrogate mother cannot provide her own gametes for surrogacy.

    Also read

    [Burning Issue] Surrogacy in India

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  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    System of Rice Intensification (SRI) Technique

    | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Experts in Punjab has said that System of Rice Intensification (SRI) Technique is beneficial for the soil, environment and farmers at par with the Direct Seeding of Rice (DSR) technique.

    What is SRI technique?

    • SRI was first developed in Madagascar in the 1980s and since then several countries in the world have been practising it, including India.
    • It promises to save 15 to 20% ground water, improves rice productivity, which is almost at a stagnant point now.
    • Experts said that it gives equal or more produce than the conventional rice cultivation, with less water, less seed and less chemicals.
    • The net effect is a substantial reduction in the investments on external inputs.

    How does it take place in the field and in which soil?

    • First, the field is prepared by ploughing.
    • It should be laser levelled before transplanting for proper water management and efficiency for a good crop stand.
    • Then irrigation is applied in the field which is not a flooding of field like traditional methods but less than that of a well irrigated field.
    • Then 10-12 days old nursery (young paddy plants) along with soil particles around the root with minimum disturbance to the roots are transplanted in lines.
    • They are marked at a distance of 10 inches from each other with the help of a rope meter.

    Benefits over DSR technique

    • Unlike DSR, which is suitable only for mid to heavy textured soils, SRI is suitable in all types of soil including less fertile soil as in such soil the number of seedlings can be increased to double.
    • Under SRI 2kg seed is required to grow a nursery for one acre against 5kg seed required in the traditional method.

    Does the SRI method require continuous flooding after transplantation of nursery?

    • In traditional sowing from the day of transplanting till the crop turns 35-40 days fields are kept under flood-like conditions.
    • And then fields are filled every week till a few weeks before harvesting.
    • But SRI doesn’t require continuous flooding, it needs intermittent irrigation.
    • Indeed the plants’ roots should not be starved for oxygen through flooding.
    • Irrigation is given to maintain soil moisture near saturation initially, and water is added to the field when the surface soil develops hairline cracks.

    What are the limitations of SRI?

    • If unchecked, greater weed growth will cause substantial loss of yield.
    • In Punjab, it is not promoted by the government except demonstration plots sown over a decade ago.
    • It can be sustainable if organic inputs in the soil structure are maintained.

    Try this PYQ:

    Q.With reference to the current trends in the cultivation of sugarcane in India, consider the following statements:

    1. A substantial saving in seed material is made when ‘bud chip settlings are raised in a nursery and transplanted in the main field.
    2. When direct planting of setts is done, the germination percentage is better with single-budded setts as compared to setts with many buds.
    3. If bad weather conditions prevail when setts are directly planted, single-budded setts have better survival as compared to large setts.
    4. Sugarcane can be cultivated using settlings prepared from tissue culture.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 3 only

    (c) 1 and 4 only

    (d) 2,3 and 4 only

     

    Post your answers here.

     

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  • Nobel and other Prizes

    Booker Prize awarded to first Indian language book

    Prelims Only | Trivia | Mains Paper 1: Arts & Culture

    Author Geetanjali Shree’s translated Hindi novel, Tomb of Sand, became the first Indian language book to win the International Booker Prize.

    Note: Such topics hold very little relevance for CSE prelims. However, last year experience make such topics more uncertain. Still such topics hold relevance for other exams such as CAPF and state PSCs.

    What is the Booker Prize?

    • The Booker Prize is one of the best-known literary awards for fiction writing in English, including both novels and collections of short stories.
    • It was first awarded in 1969.
    • Every year a panel of judges decides the best work of the year, with the criteria being that it must be written in English and published in the UK and Ireland.
    • This panel of judges is picked from among eminent cultural historians, writers, professors, and novelists, and others from related fields.
    • For the Booker Prize, the winner receives £50,000.

    About the book

    • The 2018 novel titled ‘Ret Samadhi’ was translated by Daisy Rockwell and published as ‘Tomb of Sand’ in 2021.
    • The prize is one of two literary awards given out annually by the Booker Prize Foundation, a charity whose stated aim is to “promote the art and value of literature for the public benefit”.

    What about the International Booker Prize?

    • The International Booker Prize began in 2005.
    • A biennial prize initially, it was then awarded for a body of work available in English, including translations, with Alice Munro, Lydia Davis and Philip Roth becoming some of the early winners.
    • In 2015, the rules of the International prize changed to make it an annual affair.
    • The new rules stipulated that it will be awarded annually for a single book, written in another language and translated into English.
    • The £50,000 prize money is divided equally between the author and translator each year.

    Why is it called the ‘Booker’?

    • The Booker Prize, from 1969 to 2001, was named simply after the Booker Group Limited – a British food wholesale operator that was its initial sponsor.
    • The Man Group, an investment management firm based in the UK, began to sponsor the prize in 2002 and it thus came to be known as The Man Booker Prize.
    • The Man Group ended their sponsorship in 2019.
    • Crankstart, an American charitable foundation, has been the sponsor after that. The prize name has changed back to the ‘Booker’ since then.

    Who have been some prominent winners?

    • Prominent winners of the coveted prize include Margaret Atwood (‘The Testaments’), Yann Martel (‘Life of Pi’), and Julian Barnes (‘The Sense of an Ending’).
    • Many Indian-origin writers have won the Booker in the past, such as Arundhati Roy (‘The God of Small Things’), Salman Rushdie (‘Midnight’s Children’), Kiran Desai (‘The Inheritance of Loss’), and Aravind Adiga (‘The White Tiger’).
    • Shree is the first Indian to win an international prize.

     

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  • New Species of Plants and Animals Discovered

    Species in news: Sela Macaque

    Species | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    A new species of old world monkey recorded from Arunachal Pradesh has been named after a strategic Sela pass at 13,700 ft above sea level.

    Sela macaque (Macaca selai).

    • This new primate was identified and analysed by a team of experts from the Zoological Survey of India (ZSI) and the University of Calcutta.
    • Earlier it was called as White- Cheeked Macaque displaying white cheeks, long and thick hairs on the neck area, and a longer tail.
    • Their study has been published in the latest edition of Molecular Phylogenetics and Evolution.
    • Phylogenetics relate to the evolutionary development and diversification of a species or group of organisms.
    • The phylogenetic analysis revealed that the Sela macaque was geographically separated from the Arunachal macaque (Macaca munzala) of Tawang district by Sela.
    • This mountain pass acted as a barrier by restricting the migration of individuals of these two species for approximately two million years.

    Protection status

    • It has NOT been yet included in the Wildlife (Protection) Act, 1972 of India.
    • The potential threat to all species of macaques in the landscape is due to hunting by locals for consumption and habitat degradation due to urbanization and infrastructure development.

     About Sela Pass

    • The Sela Pass is a high-altitude mountain pass located on the border between the Tawang and West Kameng districts in Arunachal Pradesh.
    • It has an elevation of 4170 m and connects the Indian Buddhist town of Tawang to Dirang and Guwahati.
    • The pass supports scarce amounts of vegetation and is usually snow-covered to some extent throughout the year.
    • While Sela Pass does get heavy snowfall in winters, it is usually open throughout the year unless landslides or snow require the pass to be shut down temporarily.
    • The strategically-significant Sela Tunnel project is now nearing completion well before the deadline.

     

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  • Rural Infrastructure Schemes

    AKRUTI Program to start in Kudankulam

    Prelims Only | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    The Nuclear Power Corporation of India Limited is all set to launch AKRUTI programme in the villages surrounding Kudankulam Nuclear Power Project (KKNPP).

    AKRUTI Program

    • The Nuclear Power Corporation of India Limited is assisting unemployed youth living near the Tarapur Atomic Power Station (TAPS) through AKRUTI.
    • AKRUTI stands for Advanced Knowledge and Rural Technology Implementation (AKRUTI) program.
    • Areas of water, food processing, agriculture and waste management in rural areas are covered under the AKRUTI program.
    • The scheme aims at empowering villages through implementing different technologies for usage.
    • This scheme will lead to sustainable growth of the rural sector across the country.

    What is the objective?

    • To provide information and mechanism for implementation of BARC technologies in rural areas thereby aiming at overall rural development.

     

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  • Judicial Reforms

    Digitization of Judiciary

    op-ed snap | Polity | Mains Paper 2: Executive & Judiciary

    Context

    The Indian judiciary has increasingly started using technology and the change is reflected in the legal profession in general as well.

    Increasing use of digital technology in the judiciary

    • With the digitisation of judicial records and the establishment of e-courts, significant developments had taken place in 2020.
    • Use of technology to better utilise potential: It is imperative that the use of digital technology be discussed to better utilise its potential, particularly in terms of digitisation of court records, e-filing of cases and their virtual hearing, live streaming of court proceedings.

    Background

    • In India, e-governance in the field of administration of justice began in the late 1990s, but it accelerated after the enactment of the Information and Technology Act, 2000.
    • In the year of 2006, e-courts were launched as a part of the National e-Governance Plan (NEGP).

    Digitisation of case files

    • When he was the Chief Justice of Allahabad HC, Justice D Y Chandrachud had conceptualised and initiated the project to digitise approximately one crore case files in one year.
    • Saving of space and preservation of old documents: This was necessary as not only was a large space required to store so many files, it was also becoming difficult to manually preserve the decades-old documents.
    • Traceability: Another purpose was to ensure that these files are traceable electronically as and when required.
    • It has also been observed that cases are adjourned simply because affidavits filed several years ago were not restored with the record or were not traceable.
    • Once the documents are digitised and e-filed by counsels, at least the cases would not get adjourned by the courts on this account.
    • Reducing the risk of missing court records: In State of Uttar Pradesh v. Abhay Raj Singh, it was held by the Supreme Court that if court records go missing and re-construction is not possible, the courts are bound to set aside the conviction.
    • Saving of time: With digitisation, it will take much less time for the lower courts to transmit the records as and when called for.
    • The lawyers benefit because they or their staff are no longer required to visit the reporting sections or other sections of the court to know about the status of their cases.
    • This has been sought to be implemented by the e-Committee of the Supreme Court by issuing directions to ensure that e-filing of cases/petitions by state governments in all matters be made mandatory from January 1, 2022.

    Scope for virtual hearing in certain cases

    • Cases related to matrimonial issues and domestic violence bounced cheques, motor accident compensation referred to mediation centres and lok adalats could be included in the list of cases fit for disposal through the virtual hearing.
    • The hearing of matrimonial cases through video-conferencing was approved by the Supreme Court in the matter of Krishna Veni Nagam v Harish Nagam (2017).
    • The direction was short-lived and a coordinate bench of the Supreme Court in the case of Santhini v Vijaya Venkatesh (2018) referred the matter for reconsideration before a larger bench.
    • Virtual hearings cannot be a substitute for physical court hearings in all cases.
    • However, in appropriate cases and certain categories of cases as identified by the court administration in consultation with the members of the Bar, virtual hearing should be made mandatory.

    Live streaming of cases

    • In 2018, the Supreme Court allowed the live-streaming of cases of constitutional and national importance on the basis of the judgment in Swapnil Tripathi.
    • Step towards transparency: The livestreaming of court proceedings is a step towards ensuring transparency and openness.
    • While several reservations were expressed against it, the Gujarat HC in July 2021 became the first court in the country to livestream its proceedings.
    • Its example was followed by other HCs like Karnataka, Odisha, Madhya Pradesh and Patna.

    Challenges

    • Internet connectivity issues and the need for a well-equipped space where lawyers can conduct their cases are some of the major problems requiring attention.
    • Political will and the support of judges and lawyers are also necessary.
    • Awareness and training: Judges, court staff and lawyers are not well-versed with digital technology and its benefits.
    • The need of the hour is for them to be made aware of these and receive adequate training.

    Conclusion

    Adoption of technology will bring drastic changes in the field of law and will transform the Court system.

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  • Police Reforms – SC directives, NPC, other committees reports

    Criminal justice system

    op-ed snap | Polity | Mains Paper 2: Federalism

    Context

    The key to an improved criminal justice system is quality forensic labs and well-trained staff, not more legislation and harsher punishments.

    About forensic science

    • Forensic science is the application of scientific perspectives and techniques to the legal process, including investigations and courtroom protocol.
    • It is the use of scientific data and procedures specifically for the legal system.
    • There is rigorous procedure involved, including controlled conditions, reliable data collection and the attempt to disprove hypotheses.
    • Methodologies like the autopsy procedures, fingerprinting, testing and matching for poisons, blood spatter analysis, matching guns to bullets fired (ballistics), voice sample matches, handwriting assessments and DNA analysis are all facets of forensic science.

     Inadequate state forensic facilities

    • We have a woefully inadequate number of forensic science laboratories (FSL).
    • There are seven central forensic laboratories in India at Hyderabad, Kolkata, Chandigarh, New Delhi, Guwahati, Bhopal and Pune.
    • Six of these laboratories, barring Delhi, are under the control of the Directorate of Forensic Science Services (DFSS), and its mission is to render high quality and credible forensic services to the justice delivery system.
    • A National Forensic Sciences University was established in Gandhinagar, Gujarat in 2020.
    • The existing National Institute of Criminology and Forensic Science in Delhi has been integrated into this new university.
    • There are 32 state FSLs and about 529 mobile FSL units, of which Delhi has one state FSL and six mobile units.
    • The DNA tests discovered in 1985 are used to identify individuals involved in alleged crimes.
    • In 2017, The Hindu reported that while the United Kingdom completes DNA testing on over 60,000 crimes annually, India with over 13 times the population completes such tests on less than 7,500 cases.
    • The average pendency at each lab is huge.
    • In all states, there were over 50 per cent vacancies in personnel at their facilities.

    Way forward

    • More investment: We certainly need more investment in the establishment of FSL laboratories, the training and appointment of personnel adept at forensic methodologies and reforms within our police to establish a trained and skilled detective cadre tasked with solving complex and heinous crimes.
    • Quality training and accreditation: There is a desperate need for good quality training facilities, standards of accreditation and continuous education programmes for our forensic experts.

    Conclusion

    It is not more legislation and harsher punishments that will solve crimes, but well-trained forensic staff plying their craft in good quality laboratories that will aid our criminal justice system.

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  • Goods and Services Tax (GST)

    A new road for India’s fiscal federalism

    | Polity | Mains Paper 2: Federalism

    Context

    On May 19, in Union of India vs Mohit Minerals, the Supreme Court of India delivered a ruling which is likely to have an impact far wider than what the Centre might have imagined when it brought the case up on appeal.

    Background

    • At stake was the validity of a levy imposed on importers, of Integrated Goods and Services Tax (IGST) on ocean freight paid by foreign sellers to foreign shipping lines.
    • The Gujarat High Court had declared the tax illegal.
    • The Supreme Court affirmed the ruling and held that the levy constituted double taxation — that is, that the importer, which was already paying tax on the “composite” supply of goods, could not be asked to pay an additional tax on a perceived “service” that it may have received.

    Why the ruling could transform the future of fiscal federalism in India

    • Equal powers to legislate on GST: While delivering the judgement, the Supreme Court held that both Parliament and the State legislatures enjoy equal power to legislate on Goods and Services Tax (GST).
    • The Court said that the Goods and Services Tax Council’s recommendations were just that: recommendations that could never be binding on a legislative body.
    • Until now, governments across India have treated the GST Council’s recommendations — even where they disagreed with them — as sacrosanct, because they believed that this was indeed the law.
    • According to the Court, State legislatures possess the authority to deviate from any advice rendered by the GST Council and to make their own laws by asserting, in the process, their role as equal partners in India’s federal architecture.
    • Conflicting taxation regimes: Because of the ruling, the State governments will be free to exercise independent power to legislate on GST.
    • It is possible that this might lead to conflicting taxation regimes, with the idea of ‘One Nation One Tax’ rendered nugatory.
    • Constitutional power cannot be limited through statute: The Court’s ruling does not mean that a legislature — whether Parliament or the States’ — cannot through statutory law make the Council’s recommendations binding on executive bodies.
    • But a constitutional power, in the Court’s ruling, can never be limited through statute. Such curbs must flow only from the Constitution.
    • And in this case, in the Court’s analysis, no restrictions on legislative power can be gleaned on a meaningful reading of the Constitution.

    Background of 101st constitutional Amendment

    • Unification of tax administration: When, in July 2017, the Union government introduced the GST regime through the 101st constitutional Amendment, it did so based on an underlying belief that tax administration across India needed unification.
    • To give effect to this idea, many entries in the State list of Schedule VII of the Constitution were either deleted or amended.
    • A power to legislate on GST was inserted through a newly introduced Article 246A.
    •  No longer could State governments legislate on sale or purchase of goods barring a few exceptions, such as petroleum and liquor through the ordinary legislative route.
    • GST Council: In addition, the 101st Amendment also established, through Article 279A, a GST Council.
    • The Council was given the power to “make recommendations to the Union and States” on several different matters.

    Implications of the judgement

    • The use of the word “recommendations” suggested on the one hand that its decisions would be advisory, at best.
    • But, at the same time, the fact that Article 279A directed the establishment of a mechanism to adjudicate disputes between governments on decisions taken by the Council suggested that those governments would, in fact, be bound by any advice rendered to them.
    • GST would be in jeopardy: If the former reading was to be deployed, the purpose behind the introduction of a common GST would be in jeopardy.
    • But the latter interpretation effectively entailed the destruction of the well-laid plans of the Constituent Assembly.
    • Fiscal responsibilities that had been divided with much care and attention between the Union and the States would now stand dissolved.

    Federal compact

    • Although States had until now proceeded on a tacit belief that the GST Council’s recommendations were binding, such an approach, in Justice Chandrachud’s words, would run counter both to the express words of the Constitution and the philosophical values underlying the language deployed.
    • Article 246A, which was introduced by the 101st Amendment provides concomitant power both to the Union and to the State governments to legislate on GST.
    • It does not discriminate between the two in terms of its allocation of authority.
    • That allocation, according to the Court, cannot be limited by a reading of Article 279A, which establishes a GST Council, and which treats the Council’s decisions as “recommendations”.

    Conclusion

    GST was conceived as a product of what some described as “pooled sovereignty”. But perhaps it is only in an administrative area, animated by contestation, where we can see synergy between different sovereign units, where our nation can take a genuine turn towards a more “cooperative federalism”.

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  • Goods and Services Tax (GST)

    GST collections touched a record high of Rs 1.67 lakh crore in April.

    op-ed snap | Economics | Mains Paper 3: Indian Economy

    Context

    There has been a remarkable upswing in GST collections in recent months. Collections touched a record high of Rs 1.67 lakh crore in April.

    GST

    GST Interstate Model Example

    What are the reasons for increased collection?

    • 1] Inflation: First, the sharp rise in inflation has played a significant role.
    • Notwithstanding concerns over the unevenness of the economic recovery, in nominal terms, the economy grew by 19.4 per cent in 2021-22 as per the second advance estimates.
    • Deflating GST collection suggests that a large part of the recent increase in collections is driven by rising prices.
    • 2] Higher imports: Part of the overall increase in collections can be traced to higher imports.
    • Higher buoyancy: Even if one is to exclude the revenue accruing from imports, the rise in GST collections has outstripped GDP growth, indicating higher buoyancy.
    • 3] Tightening of the rules: In order to improve compliance levels, the GST Council has been tweaking the rules to tighten the system.
    • Returns filed have gone up, while the number of non-filers and those who delay filing have fallen.
    • Alongside, the administration has also taken steps to tackle the menace of fake invoices by placing restrictions on the quantum of input tax credit that can be used to pay of tax obligations.
    • The introduction of e-invoicing has also played a role.
    • Until recently, this was being implemented for firms with a turnover of more than Rs 50 crore.
    • From April, this process has been extended to firms above Rs 20 crore.
    • The incremental gains from bringing smaller firms into its ambit, while consequential, are unlikely to be of the same order.
    • 4] Industrial activity:  The higher collections in April 2022 seem to be led by increase in industrial activity. This is borne by strong growth in collections in states such as Maharashtra, Karnataka and Odisha which house lot of industries. Relatively tepid growth in more populous states such as Bihar (-2.47 per cent), West Bengal (7.80 per cent) and Jharkhand (4.86 per cent) shows that the GST collections was not propelled by revival in private consumption.
    •  The real challenge lies in improving compliance levels across the entire spectrum of industries where inputs/raw materials are sourced largely from the informal sector.
    • 5] Changing the structure of the economy: The formalisation of firms, the growing concentration of economic power in the hands of a few, imply that for the same level of output, the tax paid will be higher.

    Suggestion

    • Increase tax rate: Around two-fifths of the taxable value (or turnover) falls under the 18 per cent slab as per research by some analysts.
    • This implies that simply merging the 12 per cent and the 18 per cent slab as some have been suggesting would lead to a revenue loss.
    • Before opting for such adjustments, the GST Council must first ascertain the potential revenue (net of cess and refunds) at varying levels of compliance, tax rates and exemptions afforded.
    • Now, as per some estimates presented to the 15th Finance Commission, with existing exemptions in place, the current tax regime should ideally yield revenues equivalent to 8.23 per cent of GDP.
    •  In another scenario, even if existing exemptions are kept in place, and if a single rate of 14 per cent is levied, then collections should rise to 8.93 per cent.

    Conclusion

    Considering the current economic situation, now may not be an opportune moment to raise taxes. But there is no getting around it. Both the Centre and the states need to work towards this.

     

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  • Women empowerment issues – Jobs,Reservation and education

    Supreme Court recognizes Sex Work as a ‘Profession’

    SC Judgements | Indian Society | Mains Paper 1: Role Of Women & Women Organization,Social Empowerment

    In a significant order recognising sex work as a “profession”, the Supreme Court has directed that police should neither interfere nor take criminal action against adult and consenting sex workers.

    What did the Supreme Court say?

    • Sex Work is a profession whose practitioners are entitled to dignity and equal protection under law.
    • Criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’.
    • It need not be gainsaid that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution, the court observed.
    • The order was passed after invoking special powers under Article 142 of Constitution.

    A caution to the police

    • It is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action.
    • The Bench ordered that sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel.
    • Since voluntary sex work is not illegal and only running the brothel is unlawful.
    • Basic protection of human decency and dignity extends to sex workers and their children, the court noted.
    • A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade, the court held.
    • Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.

    Sexual crimes against sex workers

    • The court ordered the police to not discriminate against sex workers who lodge a criminal complaint of offence committed against them is of a sexual nature.
    • Sex workers can also be victims of sexual assault should be provided every facility including immediate medico-legal care.
    • The court said media should take “utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations.

    Sex work in India

    • According to the Indian Penal Code (IPC), prostitution in its broader sense is not really illegal per se.
    • But there are certain activities which constitute a major part of prostitution that are punishable under certain provisions of the act, which are:
    1. Soliciting prostitution services in public places
    2. Carrying out prostitution activities in hotels
    3. Indulging in prostitution by arranging for a sex worker
    4. Arrangement of a sexual act with a customer

    Various issues faced by Sex Workers

    • Stigma and Marginalization: This is experienced as the major factor that prevents women in sex work from accessing their rights.
    • Denial of basic amenities: Due to this discrimination, women in sex work have been denied safety, proper healthcare, education and, most importantly, the right to practice the business of making money from sex.
    • Risks of violence: People in sex work are not only at a higher risk for violence, but they are also less likely to get protection from the police—often the very perpetrators of this violence.
    • Backwardness: Illiteracy, ignorance and fear of the medical establishment make it difficult for women to access healthcare.
    • Health hazards: Current discourse on HIV/AIDS has served to further stigmatize sex workers by labeling them as “vectors” and “carriers” of the disease.

    Protection against forceful sex work

    • The Immoral Traffic (Prevention) Act, 1986 is an amendment of the original act.
    • As per this act, prostitutes are to be arrested if they are found soliciting their services or seducing others.
    • Furthermore, call girls are prohibited from making their phone numbers public.
    • They can be punished for up to 6 months along with penalties if found doing so.

    Constitutional protection

    Article 23 of the Indian Constitution, amended in 2014, includes the following provisions:

    1. Prohibition of human trafficking and forced labour.
    2. Traffic in human beings and bears and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.
    3. Nothing in this article precludes the State from imposing compulsory service for public purposes, and the State shall not discriminate solely on the basis of religion, race, caste, or class, or any combination thereof, in imposing such service.

    So, where does India stand?

    • Prostitution is not illegal in our country, but soliciting and public prostitution are.
    • Owning a brothel is also illegal, but because places like GB Road are already in place, these laws are rarely enforced.

    What will change in India if the Centre accepts the court’s direction?

    • Sex workers will be accorded equal legal protection.
    • If a sex worker reports a criminal/sexual or other type of offence, the police will take it seriously and act in accordance with the law.
    • If a brothel is raided, the sex workers involved will not be arrested, penalised, harassed, or victimised.
    • Any sex worker who is a victim of sexual assault will be given all of the same services as a survivor of sexual assault, including immediate medical attention.
    • Police will be required to treat all sex workers with dignity and not verbally or physically abuse them, subject them to violence, or coerce them into any sexual activity.

    Where do other countries stand?

    Some countries choose to outright ban the practice, while others have attempted to regulate prostitution and provide health and social benefits to sex workers.

    Here are a few examples of countries where prostitution is legal:

    • New Zealand: Prostitution has been legal since 2003. There are even licenced brothels operating under public health and employment laws, and they get all the social benefits.
    • France: Prostitution is legal in France, though soliciting in public is still not allowed.
    • Germany: Prostitution is legalised and there are proper state-run brothels. The workers are provided with health insurance, have to pay taxes, and they even receive social benefits like pensions.
    • Greece: The sex workers get equal rights and have to go for health checkups as well.
    • Canada: Prostitution in Canada is legal with strict regulations.

    Conclusion

    • While sex worker collectives have shown tremendous progress in asserting the rights of sex workers across India, they face an uphill battle as the country continues to foster a globalized economy.
    • In the globalized world, sex work will become more institutionalized, functioning through escort services, and will no longer need traditional street brothels.
    • Legislators needs to ensure all rights to the sex workers at par with citizens.

     

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