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Supreme Court of India announces Historical Judgement on Sexworkers.

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Recognizes the Sexworkers’ Profession as Legal; Will this Intervention change the life of Sexworkers?

Shobhit Chandola – Mumbai Uncensored, 27th May 2022

What could be hailed as a significant and progressive move, the Supreme Court of India on 26th May, 2022 announced the decision to officially recognise the sex work as a No Offence. 

Although Prostitution is Legalized in India but the activities of Brothel management, Procuring, Child Prostitution, Soliciting and Kerb Crawling were subject to illegal activities.The Apex court was hearing the plea of the hindrances faced by thesexworkers since the Covid 19 times. What a 3 Judge Bench headed by Justice L Nageswara Rao ordered as final verdict, it has been ensured that now Sex workers won’t be harrased, exploited, punished and thus, the sexwork be regulated. The panel of Sexworkers were constituted by the Apex Court and primarily the 3 aspects were addressed:

  • Prevention of Human Trafficking
  • Resettlement of the Sexworkers who want to leave Sex work.
  • Favourable safe working conditions to be created for the continuing sex workers with utmost nobility.

     Supreme Court’s Guidelines on Sexwork Legalisation

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The Bench came up with the final recommendations made by the panel of sexworkers which has been directed by the Supreme Court to the Union territories and the States in order to be followed with stern adherence. As the Supreme Court terms Voluntary sex work as No Crime, it has come up with the Guidelines to be followed by the states & unions once the Government of India accepts the order. Glance briefly at the SCI’s guidelines below:

  • Adults are the Keyholder and Consent is the key. Since the adult’s participation in the sexwork is on his personal volition. Therefore the Police are abstained to charge any criminal case or act on them. This comes as a matter of fact that Police carry presumingly an ill image for the prostitutes and often spark the usage of Verbal or physical abuse on them.
  • When the Sexworker lodges an FIR against any offence that may be criminal/ civil or sexual in nature, the police are entitled to accept it earnestly and act in conformity with law.
  • Just for the sole reason of Mother being indulged in the profession of Prostitution, the detachment of her from the child should not be caused.
  • Sexual Assault on a Sexworker will be equivalent to the same on sexual assault survivor. Hence the sexworker will be entitiled to receive all the facilities of the latter including instant medication.
  • Press Council of India is accountable to issuance  of certain guidelines for the Media on moral grounds which should comprise:  a)- To not publish, telecast and disclose the identities of the sexworkers during raid/arrest/ rescue operation even if the subject is found to be victim or accused.
  • It is the duty of the government to seek participation of sexworkers or their spokesperson in the formation of the policies, guidelines or act formation for the sexworkers.

     The Transition in India if the Centre accepts the SCI’s verdict ? What could be the Cons of Legalising Prostitutions ?

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     If the Central Government supports the decision than it will come into existence and the Prostitutions will be legalised and regulated. But the decision has simultaneously raged a big clash of opinions. One phase of Neitizens seems to be disappointed with the verdict and has coined the possible aftermaths of legalization of Prostitution:

  • No guarantee to stop Human trafficking. A Vice-versa uptrend shall initiate 
  •  Health of women seems to be compromised. Also they will be more vulnerable to Government of India’s tax policies.
  •  Legal Prostitution may increase Child prostitution due to relaxed proceeding of the law.
  •  It may serve as a gift to the Sex industry & Sex Tourism but pro western/ developed nations’ elites shall play with the helplessness of lower class prostitutes.
  • There are a fair share of  chances that adultery would increase.
  •  Even though it shall lead to decrease in sexual assault cases, It shall make the Sex worker Morality go down ironically.

Only time will tell how effective and efficient this SCI’s decision will be. But for now, it looks the need of the hour as all the developed nations has the legalised prostitutions which are well regulated in contrast to India where the scenario gets worst with respect to the in-depth reality.

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Maratha Reservation: Navigating the Complex Path of Social Justice and Constitutional Limits in India

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Manak Sharma, Mumbai Uncensored, 7th November, 2023:

India’s Maratha Reservation is a difficult sociopolitical problem. India’s reservation policies have generally been the focus of divisive discussion and debate for a long time. These initiatives seek to close the nation’s social and economic gaps as well as historical injustices. The Maratha community’s inclusion on the list of socially and educationally backward classes is one such divisive reservation issue.

Historically, the Maratha community in India has experienced tremendous political and social change throughout, they have also held positions of power and influence. During colonial and post-independence times, the Marathas experienced challenges with representation and socioeconomic inequality. They started asking for reservations in government positions and educational institutions in an effort to allay these worries.

Maratha reservation supporters assert that the community has historically been marginalized and subjected to socioeconomic regression, especially in rural areas. They argue that in order to elevate the Marathas, affirmative action is necessary. Advocates draw attention to the disparities between Maratha and other communities’ employment and educational backgrounds. Social justice is one of the core tenets of the reservation system. Supporters argue that granting the Marathas a reservation would help ensure equal opportunities and make amends for past injustices. In Maharashtra, the Marathas have a long history of political influence, but they contend that reservation will guarantee their voice stays strong and relevant.

The argument put forth by opponents is that include the Marathas in the reserved group would go beyond the 50% constitutional cap on reservations. Legal problems and inquiries concerning the reservation policy in general may result from this. Opponents argue that seat reservations undermine merit-based hiring and admissions, potentially affecting the overall standards of education in public schools. Other disadvantaged classes fear they will lose their reserved seat allotment if Marathas too get in reservation list. In addition, critics contend that appropriate procedures and standards ought to be set in order for the Maratha community to recognize worthy candidates.

Election results and the political atmosphere in Maharashtra may be impacted by the Maratha reservation’s political significance. Political parties hope to gain support and influence from the Maratha community by making reservations for them. Given that the Marathas have long been a powerful political force, this action may have an impact on how political power is distributed. It might also have an impact on political parties’ alliances and electoral strategies, encouraging them to pay closer attention to the goals and concerns of the Maratha community. Therefore, the Maratha reservation has the power to influence state governance and policy, as well as change Maharashtra’s political environment.

In summary, the controversy surrounding the Maratha reservation in India serves as a symbol for the larger difficulties associated with putting reservation laws into practice. While it is true that some Maratha communities have experienced socioeconomic difficulties, the reservation debate raises difficult questions. It’s still difficult to strike a balance between righting historical wrongs and making sure that admissions and appointments are determined solely by merit. Subcategorization within the reservation framework, careful candidate selection, and ongoing assessment of the policy’s overall social effects may be the way forward.

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Nawazuddin Siddiqui reached out to wife Aaliya Siddiqui for settlement; the couple finally getting a divorce

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Nomita Jeswasni, Mumbai Uncensored, 29th March, 2023:

After all the disputed happening between the couple from past few months, actor Nawazuddin Siddiqui and wife Aaliya Siddiqui are finally getting a divorce, confirms the wife. She also claimed that she will definitely fight for the kids’ custody as they do not want to live with their father. Nawazuddin also sued his brother Shamasuddin Siddiqui and Aaliya for defamation earlier this week. The actor has asked for 100 crore and a letter of apology.

Stating that she has not yet responded to Nawazuddin’s request for a settlement, Aaliya told “Divorce will happen, that’s for sure and I will also be fighting for the custody of both my kids. Nawaz has also filed for custody, but I will not let that happen. Both my kids want to stay with me and don’t want to live with him.”

Nawazuddin is a cruel and negligent father, said Aaliya, who claims that he sent away his young daughter alone with his “male manager” who hugged her “many times in an uncomfortable manner.” She also told that she was being harassed at the actor’s Mumbai residence. In relation to a property issue, Aaliya was also the target of complaints from Nawazuddin’s mother. Aaliya stated that she and their children Shora and Yaani were thrown out from the Mumbai home in March at a late hour.

Aaliya is currently staying in a rented apartment in Mumbai. She is looking for a new place to accommodate since she was asked to vacate the place by the end of the month but is unable to find a new place due to the ongoing family dispute.

In addition, Aaliya disclosed that her financial situation has prevented their children from attending school, but she has made efforts to enrol them in various classes to ensure they stay up-to-date with their education. She further shared that she intends to change her name back to Anjana Kishore Pandey after the divorce.

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Legal notice to Netflix over ‘offensive remark’ made against actress Madhuri Dixit in Big Bang Theory

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Nomita Jeswani, Mumbai Uncensored, 27th March 2023:

A legal notice was sent to Netflix by political analyst Mithun Vijay Kumar for allegedly insulting Bollywood actress Madhuri Dixit in one of The Big Bang Theory’s episodes. Kumar claimed that the creators were encouraging sexism and misogyny in their work. He also ordered that the show be taken off the air for defaming the actress.

For those who are unfamiliar, Sheldon Cooper, played by Jim Parsons, compares Aishwarya Rai to Madhuri Dixit in the first episode of The Big Bang Theory. He refers to Aishwarya Rai as poor man’s Madhuri Dixit in one scene. Raj Koothrapalli, another character played by Kunal Nayyar, responds to his remark by saying, “Aishwarya Rai is a goddess, by comparison, Madhuri Dixit is a leprous prostitute.”

“It is important to hold companies like Netflix accountable for their actions and to ensure that they are sensitive to the cultural values and sentiments of the communities they serve. I strongly believe that streaming service providers have a responsibility to carefully curate the content that they offer on their platforms. It is their duty to ensure that the material they present does not include derogatory, offensive, or defamatory content. I was deeply troubled by the use of a derogatory term in one of the shows on Netflix – Big Bang Theory. This term was used in reference to the acclaimed actress Madhuri Dixit, and it was not only offensive and deeply hurtful but also showed a lack of regard for her dignity.” said Mithun Kumar in a statement

“I strongly believe that streaming service providers must take such issues seriously and act quickly to address any instances of offensive or defamatory content. Furthermore, streaming service providers should be proactive in preventing such content from being streamed. This can be achieved through clear guidelines and rigorous screening processes for all the content published. Ultimately, streaming services have a significant influence over the content that is consumed by millions of individuals, and with this influence comes a responsibility to ensure that the content they offer is respectful, inclusive, and free from harmful stereotypes. I hope that this incident will serve as a wake-up call to all streaming services providers to work towards creating a more equitable and respectful media landscape,” he concluded.

Chuck Lorre and Bill Prady’s CBS sitcom The Big Bang Theory started in 2007. The show also starred Kaley Cuoco, Johnny Galecki, Simon Helberg, Mayim Bilaik, and other actors. 2019 saw the airing of the final episode.

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