A Socio-Legal Study on Lives of the Children Born into Brothels
Symbiosis Law School, Pune, India.
Volume III, Issue V, 2020
The impairing link constructed by the societal structure which conventionally views the profession of ‘Prostitution’ as a necessary social evil has ultimately led to the creation of socially dysfunctional children reinforcing them to destitution and plaguing their future with the darkness of the same profession. The basic rights of the child such as education, food, shelter, clothing, safe environment for growth and development are a misnomer when the children of sex workers are taken into consideration. The present article aims to highlight the miserable plight of the children born to sex workers who are denied their childhood and suffer relentlessly with no fault of theirs. In eyes of fairness, it is said that the child rights under the Indian legal system are equal for all children irrespective of birth, however in reality the norm is just a theory drawn up to satisfy the social manifestations. With the growing times, it has become all the more clear that the toothless legislation and lack of initiatives on the social work intervention have been the major reason to force the children of the brothel to live the same fate as their mothers. The failure to meet the constitutional commitments towards these children under Articles 15(3), 21, 21A, 17, 23, and 24 have made Indian Constitution lose its veracity to meet the principles of natural justice.
Keywords: Brothel, Children of sex workers, Child rights, Constitution of India, Prostitution