Corresponding Author's : Jahnobi Khanna

Abstract :

The Buddhadev karmaskar vs the state of west bengal and others judgement (2007) stimulated the discussions on recognition of sex work as a profession whose practitioners are entitled to the dignity of labour and equal protection under the law as decrred by the Constitioon of India . In 2022 the Indian supreme court emerged as an agent of its effectuation . Against this backdrop , the question of dignity becomes pertinent especially in the case of children of commercial bsex workers who operate on the contours of identity and illusion . reformation ,rehabilitation and mainstreaming have been the critical considerations of the auxiliary legislations and an accommodative lens has been the juridical adoption . however it is imperative to problematise the very meaning of 'accomodation' while simultaneously locating the voices of children from the attitudes of integration vis a vis a substantive mapping of the praxis of social exclusion. Drawing from the United Nations Convention on the Rights of the Child, which underscores the right to preserve one's identity, this study sets the stage for a critical examination of the Indian context. The Juvenile Justice (Care and Protection) Act of 2000, amended in 2015, aimed to provide care, protection, and rehabilitation to children in need, including those born to sex workers. However, the overlooked dimension has been the implicit incognisant perpetuation of social exclusion, with these children facing formidable barriers in education, health, and social integration. An examination of the case of the Perna community, a tribe traditionally engaged in sex work, reveals the intergenerational nature of these issues. Child marriage and the prioritization of marriage over education , disproportionately affects girls, leading to high dropout rates and absenteeism. The article highlights the paradoxical nature of legislations that render an identity to children of commercial sex workers , yet fail to take into cognisance their basic human right to education thereby mandating an illusion and a simultaneous exclusion of the very identity that it seemingly confers upon them .

Keywords :

Child rights , identity , social exclusion , commercial sex workers , caste

Article Details

Unique Paper ID: 89

Publication Volume & Issue: VOLUME 3 - 2023 , ISSUE 3

Page(s): 33-36

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