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In case the sex worker claims that he/she is her son/daughter, tests can be done to determine if the claim is correct and if so, the minor should not be forcibly separated.Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.Basic protection of human decency and dignity extends to sex workers and their children.A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade.
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Sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel, “since voluntary sex work is not illegal and only running the brothel is unlawful”.This right is available to both citizens and non-citizens. Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law.When it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action.Sex workers are entitled to equal protection of the law and criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’.
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What are the Highlights of the Supreme Court Judgment?