Sex workers should not be arrested or penalized during raids, can’t take legal action only for being in a brothel, says HC

CHENNAI: The Madras High Court has ruled that sex workers should not be arrested or penalised whenever a brothel house is raided by police. Citing a recent Supreme Court verdict, Justice N Satish Kumar said that sex workers should not be arrested or penalised or harassed or victimised during raids. The high court pointed out that it is only unlawful to run a brothel.

The court pronounced the judgment while considering a plea filed by Udayakumar, who was arrested in a raid from a brothel in Chintadripet. Following the arrest, the police had registered a case against Udayakumar on various charges. The prosecution informed the court that the sex workers were not coerced or harassed to commit the act. Udayakumar was made the fifth accused in the case. Following this, he had filed a petition to quash the case.

Consensual sex is not a crime. The sex workers are indulging in sexual acts with their own consent, the prosecution said. Meantime, the court found that Udayakumar was not at the massage parlour during the raid. He was not an accused initially and was made the fifth accused later, said the court. The high court has dismissed the case against Udayakumar and acquitted him.