Delhi Removes Colonial-Era Rule Separating Sex Workers in Jails

August 30, 2026

New Delhi: The Delhi government has abolished the practice of segregating sex workers and brothel operators from other female prisoners in prisons. This provision, based on British-era thinking, has now been removed as discriminatory.

Major Changes in Prison Rules

The Delhi government has removed Rule 1434(III) and 92(25) of the Delhi Prison Rules, 2018, as well as Section 28(2) of the Delhi Prisons Act, 2000. These provisions allowed for the segregation of sex workers, brothel operators, and certain female prisoners from other female prisoners.

Originated During British Rule

The roots of such rules date back to 19th-century British rule. At that time, the British administration’s primary objective was to protect its soldiers from sexually transmitted infections. To this end, systems such as monitoring, registration, and medical examinations of sex workers were implemented.

This thinking later impacted the prison system, and provisions such as keeping sex workers separate from other female prisoners were enacted.

Action Following Supreme Court Initiative

This change comes at a time when the Supreme Court is reviewing discriminatory provisions in prisons. Senior advocate S. Muralidhar also stressed the need to remove such outdated rules.

The Supreme Court also stated that in many cases, sex workers themselves may be victims of human trafficking and exploitation. Therefore, they should not face additional discrimination and social stigma.

Delhi and Himachal Pradesh were among the first states/union territories to remove such outdated provisions. According to the report, similar outdated rules have been identified in 16 other states and union territories.