THE UNSEEN LAYER OF DEMOCRACY: JUDICIAL RECOGNITION, GROUNDS LEVEL REALITIES, AND THE RIGHTS OF FEMALE SEX WORKERS IN INDIA AFTER THE 2022 SUPREME COURT JUDGMENT

Abstract

The story of the curtain is a compelling one. Whether it hangs in a room, a hotel, or on a theatre stage, its purpose is always the same to conceal, protect, and separate what lies behind it from the outside world. A curtain shields those behind it from public view, creating a boundary between visibility and invisibility. Yet this metaphor does not always reflect reality. Some people are never behind the curtain, yet society treats them as though they are. They do not hide themselves but are forced into invisibility by stigma, prejudice, and exclusion. They remain "behind the curtain" not because they choose to, but because society places them there. “Female sex workers” are among those who live this paradox. They are visible in public, yet invisible in law, policy, and social acceptance. Their existence is acknowledged, but their dignity, rights, and voices are too often ignored. In an era marked by the expansion of democratic values, where individuals continue to assert their rights and knock on the doors of the state for the protection of their freedom and liberty, there still remain certain unseen layers of society whose voices have yet to receive adequate recognition.  Despite the constitutional promise of equality, dignity, and justice, these marginalized groups continue to experience social exclusion, legal vulnerabilities, and limited access to the rights guaranteed to them. Behind most of these faces lies an untold story of pain and suffering and hope that their children do not meet the same fate. This study examines the legal and social status of female sex workers in India following the Supreme Court's decision in Budhadev Karmaskar v. State of West Bengal. Drawing on primary interviews with organization working with female sex workers, it finds that despite judicial recognition, significant challenges persist, highlighting the need for effective legal reforms and institutional measures to safeguard their rights, dignity, and equality.