The Supreme Court of India has ruled that consensual sexual relations between adults, including those involving sex work, are not in themselves illegal.
According to a news website, the observation was made during proceedings concerning cases of human trafficking and forced sexual exploitation.
The Court clarified that the legal treatment of adults who voluntarily engage in sex work should differ from that of victims of trafficking or individuals involved in criminal activity, and that they should not automatically be treated as offenders.
The Court stated that while operating a brothel remains unlawful under existing legislation, it is inappropriate to arrest adult sex workers solely on that basis or subject them to mistreatment during police raids. The judgment emphasised that law enforcement authorities should exercise caution and should not compel consenting adults to undergo intervention or “rescue” operations against their will.
The ruling further stated that an individual’s consent must be the central consideration in any rehabilitation and reintegration process. According to the Court, the State cannot impose rehabilitation measures on a competent adult against their wishes.
The Court also highlighted concerns regarding the seventy-year-old legislation known as the Immoral Traffic (Prevention) Act, noting that it often treats all individuals connected with the sex trade in the same manner, regardless of whether they were coerced into
