Abstract

The question of whether sex work should be recognized as a profession remains a deeply controversial issue in India and globally. Rooted in Indian society for centuries, sex work once enjoyed a degree of social integration and state support in ancient times. However, this perception shifted drastically during colonial rule and post-independence, leading to stigmatization and criminalization. Despite these challenges, sex work continues to exist as an undeniable economic reality, with uncountables depending on it for their survival. This paper delves into the definition and core attributes of a profession, evaluating whether sex work aligns with these standards. It highlights the groundbreaking Indian Supreme Court judgment that acknowledged sex work as a profession under Article 21 of the Constitution, affirming the right to dignity and legal protection for sex workers. The discussion extends to international examples where sex work has been recognized as a profession, drawing valuable insights for shaping India’s policy approach. Recognizing sex work as a profession has the potential to usher in critical regulatory reforms. These reforms could promote safer working conditions, reduce societal stigma, and clearly differentiate between consensual sex work and trafficking. Such recognition would not only uphold the rights of sex workers but also contribute to broader societal goals, including the advancement of human rights, improved public health, and economic inclusivity.

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