The Madhya Pradesh Police has issued a landmark directive instructing officials not to treat women engaged in sex work as accused during hotel raids, emphasizing that they should be considered victims of exploitation rather than criminals.
In an order issued by Pragya Richa Srivastava, Director General of Police (Women Safety), law enforcement personnel have been explicitly instructed to stop arresting or harassing women found offering sexual services during raids on hotels and similar establishments.
"We have observed that in cases registered under the Immoral Traffic (Prevention) Act 1956, hotel and dhaba operators running their premises as brothels for profit are the actual offenders. However, women apprehended during police raids are often wrongfully treated as accused," the directive states.
The order, which has been circulated to all district Superintendents of Police and Police Commissioners in Bhopal and Indore, cites the Supreme Court's 2010 ruling in the Budhadev Karmaskar vs State of West Bengal case. This judgment clarified that while operating a brothel is illegal under the Immoral Traffic (Prevention) Act 1956, voluntary sex work in private is not prohibited by law.
DGP Srivastava emphasized that this distinction is crucial for proper law enforcement. "According to legal provisions, only running a brothel constitutes a criminal offense. Women engaged in sex work should not be subjected to arrest, punishment, or harassment," the order explains.
The directive represents a significant shift in approach to sex work-related cases in Madhya Pradesh, aligning police procedures with constitutional protections for vulnerable individuals. Law enforcement officials across the state have been instructed to strictly implement these guidelines in all cases registered under the Immoral Traffic (Prevention) Act.
Legal experts have welcomed the move, noting that it brings police practices in line with human rights principles and recognizes the complex socioeconomic factors that often lead women into sex work.
