Right to File an FIR
No police officer can refuse to file an FIR for crimes involving violence or harassment. It can be filed anywhere, with or without jurisdiction, and a free copy must be provided.
Projects
A legal resource handbook developed through consultation with sex workers, lawyers, activists and policymakers — part of Soch's work on access to justice and legal empowerment.
About the Project
One of Soch's major contributions in this area has been our involvement in creating a Handbook for Sex Workers, which provides accessible legal information and resources to a marginalised community. The Handbook was developed collaboratively, with the goal of putting practical, understandable legal knowledge directly in the hands of the people it concerns.
Round Table Consultation
Soch played an instrumental role in organising a Round Table Consultation bringing together legal experts, policymakers, academicians, activists, advocates and sex workers to address the legal and social challenges faced by the community in India. This collaborative effort marked a meaningful step toward securing dignity, equality and protection for all individuals, regardless of profession or background.
Know Your Rights
No police officer can refuse to file an FIR for crimes involving violence or harassment. It can be filed anywhere, with or without jurisdiction, and a free copy must be provided.
If arrested, you have the constitutional right to be informed of the grounds for arrest and where you will be held.
The constitutional right against self-incrimination includes the right to remain silent. Get a lawyer before answering questions.
If arrested, you must be presented before a magistrate within 24 hours — you cannot be detained longer without the magistrate's permission.
You must be allowed to inform a relative or friend of your arrest and the place of detention.
Every arrested person can demand a medical examination, and has the right to one every 48 hours in custody.
A recognised constitutional right, including the right to meet an advocate during interrogation. Free legal aid is available through NALSA and State Legal Services Authorities.
Rights of Sex Workers
Following a Supreme Court panel report, several rights of sex workers were recognised and directed to State governments for enforcement.
Sex workers are entitled to dignity under Article 21 — police must register complaints, treat them with dignity, and not subject them to abuse or coercion.
Survivors of sexual assault have the right to immediate medical assistance. Using health and safety measures like condoms is not evidence of any offence.
Media must not publish or share photos or details of sex workers taken during raids.
Adult women cannot be detained in ITPA rescue homes against their will if they are voluntary workers.
Sex workers are entitled to Aadhaar and identity documents, even without standard residence proof, via State Legal Services Authority verification.
NALSA and State Legal Services Authorities are mandated to educate sex workers about their rights and how to access the justice system.
Key Terms
A written complaint registered by police when someone reports a crime for the first time. You can go to the police station and file one to make them take action; a zero FIR can be filed even outside the local jurisdiction.
Taking someone into custody legally by police or another official, usually with an arrest warrant unless it's an emergency.
Being kept at a police station or elsewhere by officials. Police cannot detain someone more than 24 hours without presenting them before a magistrate.
Bail is release from custody while awaiting a hearing. For non-bailable offences, this isn't automatic — a judge's permission is needed.
A legal paper from a court giving police permission to arrest someone or search a place. Police should have one before entering a home, barring emergencies.
The area a police station or court has power over. A station outside the relevant area can still register a "zero FIR" and forward it.
A person said to have committed a crime — legally presumed innocent until proven guilty at trial.
Police questioning. You have a constitutional right to stay silent and not be forced to testify against yourself — get a lawyer before answering anything.
A written record police must make when arresting someone — time, place and reason — signed by the arrested person and a witness.
A check-up to record injuries. Every arrested person can request one, and is entitled to one every 48 hours in custody.
Abuse of someone while in police custody. This is illegal regardless of the alleged offence.
Broad, often loosely-applied charges — for disturbance or lewd conduct in public — that are sometimes misused against sex workers.
A "notified area" is one the government has declared prostitution-free — sex work there can be punished. "Soliciting" means asking for paid sex, usually in public, and is often broadly interpreted.
Legally, any place with more than one sex worker is considered a brothel — maintaining one (not sex work itself) is the offence.
Raid and rescue is police or NGO action removing sex workers from their workplace, often against their will. Protective/rehabilitation homes are where they may be sent afterward — courts have held that consenting adults should not be forced to stay.
Removing laws that make sex work itself a crime — a key long-term demand of the sex workers' movement, distinct from legalisation or regulation.
Saying "yes" freely, without pressure or coercion — central to distinguishing voluntary sex work from trafficking under Indian law.
Exploitation is being used by others for profit without real choice. Redressal is getting justice or help afterward — filing an FIR is one form of redressal.
Training people — like police officers — to treat sex workers and other vulnerable groups with dignity and understanding, to help prevent abuse.
Government health programmes (originally for HIV prevention) that also help sex workers access identity documents like Aadhaar via a verified proforma certificate.
The Movement
Sex workers around the world observe several days of action — including International Sex Workers' Day (June 2, marking a 1975 church occupation in Lyon, France), the Red Umbrella Marches (September 14, using the red umbrella as an international symbol of the movement), International Sex Workers' Rights Day (March 3), and the International Day to End Violence Against Sex Workers (December 17). In India, organisations including the Durbar Mahila Samanwaya Committee, SANGRAM/VAMP and the National Network of Sex Workers have organised for decades around health, safety and legal recognition.
Future Advocacy
Criminal law should apply equally based on age and consent — where a sex worker is a consenting adult, police should not interfere.
Since only running a brothel (not voluntary sex work itself) is unlawful, sex workers should not be arrested, penalised or harassed during raids.
Sex workers and their representatives should be included in decisions on policy, programmes and laws that affect them.
A sex worker's child should not be presumed trafficked or forcibly separated solely because the parent is in sex work.
If You Need Help
| Service | Contact |
|---|---|
| Police | 100 |
| National Commission for Women (24x7) | 7827170170 |
| All India Helpline for Women in Distress | 1091 |
| National Human Rights Commission | 14433 |
| NALSA free legal aid | nalsa.gov.in |
| DSLSA (Delhi) 24x7 helpline | 1516 |
Materials
This page is being finalised — the Handbook PDF, consultation report and photos from the Round Table will be added shortly.
If you'd like to know more about this project, contribute, or collaborate on similar work, we'd love to hear from you.
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