Rights organisations oppose forced rehabilitation, back Supreme Court's sex workers ruling

By A Representative 

Marking one month since the Supreme Court's landmark judgment in the Prajwala v. Union of India case, the All India Feminist Alliance (ALIFA) and the All-India Workers Forum of the National Alliance of People's Movements (NAPM) have welcomed the ruling, describing it as a significant affirmation of the constitutional rights, dignity and agency of adult sex workers.

In a joint statement, the organisations said the judgment, delivered on May 29, 2026, recognizes the rights of consenting adults to pursue livelihood opportunities, including sex work, while distinguishing voluntary adult sex work from human trafficking. They said the verdict marks an important constitutional intervention by acknowledging sex workers as rights-bearing individuals rather than treating them solely as subjects of rescue or rehabilitation.

The organisations welcomed the Supreme Court's observation that rehabilitation under Article 23 of the Constitution cannot override an adult's right to consent under Article 21. They said the recognition of decisional autonomy and the right to live with dignity reflects a long-standing demand of sex workers' collectives across the country.

According to the statement, sex workers' organisations have consistently opposed the conflation of consensual sex work with trafficking, while also participating in efforts to prevent trafficking. ALIFA and the Workers Forum said community-led approaches have proven more effective than what they described as "moralistic" and coercive interventions, including forced rescue and compulsory rehabilitation.

The organisations argued that involuntary rescue and rehabilitation often result in police violence, detention and increased vulnerability for adult sex workers, while failing to effectively address trafficking. They maintained that trafficking should be tackled through accountability and enforcement without criminalizing consensual adult sex work.

The statement further said adult sex workers require access to healthcare, housing, education for their children, legal aid, banking services, social security and protection from violence, discrimination and police extortion, rather than moral policing or stigma.

From a workers' rights perspective, the organisations said the judgment provides an important foundation for recognizing sex workers as workers entitled to legal protections. They expressed hope that implementation of the ruling would enable sex workers to report violence and access public institutions without fear of arbitrary detention or forced rehabilitation. They also reiterated their demand for the decriminalization of sex work.

Acknowledging that many individuals enter sex work due to poverty, caste-based discrimination, migration, debt, family abandonment, rural and urban distress, or transphobia, the organisations said such structural vulnerabilities should not negate their agency. They called for policy responses focused on labour rights, social protection, housing, healthcare and community-led support systems instead of criminalization.

ALIFA and the All-India Workers Forum urged the Union Government, state governments, Union Territory administrations, police departments, courts and other public institutions to implement the Supreme Court's judgment and the Victim Protection Plan in both letter and spirit. They also appealed to the media, civil society organisations and social movements to support the rights-based framework articulated by the Court and to ensure that adult sex workers are included in decisions affecting their lives, reiterating the slogan, "Nothing about us without us."