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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

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 ?

     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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राष्ट्रीय अन्वेषण अभिकरण अदालत ने एल्गार मामले पर जमानत की खारिज

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Nazneen Yakub – Mumbai Uncensored, 29th June 2022

राष्ट्रीय अन्वेषण अभिकरण (NIA)ने मुंबई के एल्गार मामले में जमानत खारिज कर दी है। एल्गार परिषद- माओवादी मामले में सुरेंद्र गाडलिंग, रोना विल्सन, महेश राउत, सुधीर धवले और शोमा सेन की याचिका को 29 जून को एनआईए ने खारिज कर दिया है। आरोपियों द्वारा 2018 में पुणे की सत्र अदालत में तकनीकी आधार पर जमानत याचिका दायर की गई थी। 

इस याचिका में आरोपियों ने दावा किया था कि मामले में आरोपपत्र दाखिल करने के लिए सत्र अदालत द्वारा 90 दिनों का विस्तार ‘‘अवैध’’ था। इसलिए, वे दंड प्रक्रिया संहिता (सीआरपीसी) के प्रावधानों के तहत तकनीकी आधार पर जमानत के हकदार हैं।

एल्गार परिषद माओवादी मामला

एल्गार परिषद माओवादी मामला 31 दिसंबर 2017 का है जोकि पुणे में आयोजित ‘एत्गार परिषद’ सम्मेलन में हुआ था। इस सम्मेलन में कथित भड़काऊ भाषण दिए थे। इन भड़काऊ भाषणों के बाद पुणे पुलिस ने यह दावा किया था कि अगले दिन महाराष्ट्र शहर के बाहरी इलाके में स्थित कोरेगांव भीमा युद्ध स्मारक के पास हिंसा हुई थी। 

पुलिस ने दावा किया था कि कॉन्क्लेव को माओवादियों का समर्थन भी प्राप्त था। इस मामले में एक दर्जन से अधिक कार्यकर्ताओं और शिक्षाविदों को आरोपी बनाया गया है। इस केस को राष्ट्रीय जांच एजेंसी में सौप दिया गया था।

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Doctors and influencers would be required to pay tax through giveaways as of July 1.

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Kamaljeet Singh – Mumbai Uncensored, 22th June 2022

On July 1, the tax-deductible At Source (TDS) will involve the advantage companies welcome to promote sales, social media influencers, and physicians. The Central  Direct Tax Commission (CBDT) has published directions on the applicability of the new provisions. 

 Social media influencers are required to pay a 10% TDS  if the product given to promote is held by the influencer. If you return the device to the company after work is complete, TDS will not apply to the product. 

 “Whether this (a product offered for social media promotion) is beneficial or accidental depends on the facts of the case. If the benefit or benefit is a product such as a car, mobile phone, costume, cosmetics, etc., used for the purpose of providing the service, and then returned to the manufacturer, it will not be treated as a benefit. Or benefit for the purposes of Section 194R (TDS Rule) of the Law, “CBDT said. 

Co-Treasurer Kamresh C. Burshney explained the benefits of free drug samples for doctors, international flights, and free  Indian Premier League (IPL) tickets for transactions.

He highlighted that these items will not be sold and should not be disclosed and hidden when filing an income tax return. 

Section 194R applies to sellers who offer cash or all kinds of incentives such as cars, computers, gold coins, mobile phones, etc. in addition to discounts. 

CBDT clarifies that Section 194R applies to the distribution of free samples to hospitals for doctors who receive free samples of medicines while employed in ṣthe hospital. As an employer, the hospital can treat such a sample as a taxable employee benefit and deduct the tax in Section 192. In such cases, a point of 20,000 will be pictured across from the hospital. 

For doctors operating as hospital consultants who receive free samples, TDS  ideally involves the hospital first and then requires a section tax deduction. 194R related to a self-subsistent doctor.

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Yogi Bulldozer Action: Supreme Court Issues Notice To Yogi Government, Have to Answer Within 3 Days

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Kamaljeet Singh – Mumbai Uncensored, 17th June 2022

Violence over the controversial statement given by former BJP spokesperson Nupur Sharma is not taking its name to stop. 

Let us tell you that the hearing has been held in the Supreme Court on Thursday regarding the action of the UP government. In which Supreme Court Justice A.S.A bench of Bopanna and Vikram Nath heard the matter. After the completion of the hearing, the Supreme Court has issued a notice to the UP government. 

Along with this, the court has sought a reply from the UP government in 3 days. At the same time, the Supreme Court has sought an answer from the government on the bulldozer action in UP.

In the notice, the Supreme Court has asked the government of Uttar Pradesh whether the action taken by the bulldozer has been done under the legal process or not? During the hearing, the Supreme Court clearly stated that the UP government should take any sabotage action as per the procedure of law. Apart from this, the court also said that the state should ensure security.

Referring to the reports, the court said that there are reports that these retaliatory actions are being taken, they may be right and may be wrong. If such demolition is done then at least what is being done should be according to the process of law. 

Let us tell you that the Supreme Court told Solicitor General Tushar Mehta, appearing for the state government, that we will issue a notice, you file a reply and ensure that nothing untoward happens during this period.

It should be noted that during the hearing, senior advocate C.U. Singh had started the debate. C. U. Singh argued on behalf of Jamiat. So there Singh said that the demolition process is going on in Uttar Pradesh. 

A statement is being given that they are goons, in such a situation demolition is taking place. Apart from this, he also said that continuous action is being taken in UP with the spirit of revenge. However, efforts are being made to justify it.

From CM Yogi to top police officers gave statements regarding this matter.

At the same time, the lawyer said that people are being demolished in UP by calling them stone pelters, goons. Hearing this matter, the Supreme Court said that the government will get time to file its objections. We have to ensure their safety during this time. They are also a part of the society, when someone has a complaint, they have the right to resolve it. Such demolition can take place only in accordance with the Act.

Will hear the matter next week.

Supreme Court begins hearing on a petition filed by Jamiat-Ulema-e-Hind, seeking directions to the Uttar Pradesh authorities to ensure.

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