Supreme court on Sex-worker

Recently supreme court has passed various order with respect to sex worker in India and how to improve the fate of the se-worker in india. The order dated 2nd August 2011 starts with the " Pinha tha daam-e-sakht qareeb aashiyaan ke Udhne hi na paaye the ki giraftaar hum hue Mirza Ghalib" Its goes to the intention behind the exercise which seem to be good at the face of it. what is disturbing is that reason behind this excise for example, "As already observed by us, a woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. If such a woman is granted opportunity to avail some technical or vocational training, she would be able to earn her livelihood by such vocational training and skill instead of by selling her body." The Apex court proposes to eradicate the sex-work in the country, what its proposes is, "we direct the Central and the State Governments to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India. The schemes should mention in detail who will give the technical/vocational training and in what manner they can be rehabilitated and settled by offering them employment. For instance, if a technical training is for some craft like sewing garments, etc." it is also aware the impact of just providing the training for production without looking for the proper market so its further direct that, "then some arrangements should also be made for providing a market for such garments" The intention as stated above seems to be nice and fine but if one go again littler further to read the judgement it says "Sex among human beings is different from sex among animals. Sex in humans has a cultural aspect to it also, and is not just a physical act. A sex worker who has to surrender her body to a man for money obviously is not leading a life of dignity. Ordinarily, no woman will willingly surrender her body to a man unless she loves and respects him. A sex worker is obviously not surrendering her body to a man because she loves and respect him, but just for sheer survival. As Nancy says in Charles Dicken's novel `Oliver Twist', "you adapt or you die" it's seems to be the Apex court is generalising the entire sex-worker community. in fact the further order dated 24.08.2011 says "25. As regards the Central Government, Ms. Sangeeta Verma, Economic Adviser, Ministry of Women & Child Development, Government of India who represented the Central Government at the Panel meeting, explained the significance of the UJWALA Scheme which has five components utilized for rehabilitation of sex workers. She also pointed out that if the sex workers do not wish to go back home, then another program called STEP is available for them which is being implemented by the Central Government effectively. She pointed out that poverty is the main factor which pushes vulnerable women to prostitution. She emphasized that the Central Government has Schemes in place which may be availed of by the sex workers who are voluntarily willing to opt for their rehabilitation, although these are not specially earmarked for the sex workers. Even such general schemes can be made use of by them once they are willing to come out of the sex trade . We request the panel to investigate whether these schemes exist largely on paper only, or whether they have been actually implemented. 26. From a perusal of the UJWALA Scheme it appears that the Central Government has scheme only for rescued trafficked women but no scheme for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective scheme should be prepared for such women also. In this connection, we would like to say that the Central Government scheme has placed a condition that the rescued sex workers must stay in a corrective home in order to get technical training. In our opinion, no such condition should be imposed as many sex workers are reluctant to stay in these corrective homes which they consider as virtual prison." this indicates that there are people who voluntarily want to live the sex trade and there are who want to live and continue over there. Why this attracted me is also because each time when i have taken class to police in our state on Trafficking laws their question is what about the people who do it them self with out any force? what about the high class sex-worker who do it on their own? This indicate that the government also recognising that there are people who forced in to/ trafficked in to the trade. what we have to be more concerned is to eradicate the trafficking. supreme court is keen on rehabilitating the sex-worker, but still thousands of women who are trafficked are forced to be in jail along with the trafficker, in fact the Apex court in Bachpan Bachao Andolan (2011) 5 SCC 1, case said that the the children who are trafficked and used them in the sex-work should be rescued. since this judgement speaking the larger issues of the sex-work and talking about the rehabilitation of the sex-work let there is some direction with respect to treat them as women/human and provide them proper care and not look at them as criminal further if they don't want to treat them as victim of trafficking even though the law says so. I am also interested in looking at the functioning of the comity in order to kind of cases booked under the ITPA Act and number of trafficked women were arrested under the ITPA act and treated them as accused.