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2011 Supreme(SC) 177

MARKANDEY KATJU, GYAN SUDHA MISRA
Budhadev Karmaskar – Appellant
Versus
State of West Bengal – Respondent


ORDER

Heard learned counsel for the appellant.

2. This Appeal has been filed against the impugned judgment and order dated 25th July, 2007 passed by the High Court of Calcutta in C.R.A. No. 487 of 2004.

3. The facts have been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.

4. This is a case of brutal murder of a sex worker. Sex workers are also human beings and no one has a right to assault or murder them. A person becomes a prostitute not because she enjoys it but because of poverty. Society must have sympathy towards the sex workers and must not look down upon them. They are also entitled to a life of dignity in view of Article 21 of the Constitution.

5. In the novels and stories of the great Bengali Writer Sharat Chand Chattopadhyaya, many prostitutes have been shown to be women of very high character, e.g., Rajyalakshmi in ‘Shrikant’, Chandramukhi in ‘Devdas’ etc. The plight of prostitutes has been depicted by the great Urdu poet Sahir Ludhianvi in his poem ‘Chakle’ which has been sung in the Hindi film Pyasa “Jineh Naaz Hai Hind Per wo kahan hain” (simplified version of the verse ‘Sana Khwan- e-taqdees-e-Mashrik Kahan Ha



































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