SUMMARY OF ARGUMENTS

RESPONDENT

2. THE EXPULSION OF VASANTSENA AND KHALIDA VIOLATES THEIR FUNDAMENTAL RIGHTS

GUARANTEED UNDER THE CONSTITUTION OF ARYADIP

Female prostitution has been legalised as per Aryadvip Sex Workers (Protection and Regulation)

Act 2021. Petitioners had obtained the license to operate brothel in Sanskruti Raksha Housing

Society. Therefore, the expulsion of petitioners from the society that too without giving them an

opportunity of being heard is arbitrary and unreasonable. Equality and arbitrariness are sworn

enemies. Thus, the act of expulsion violates the right to equality of petitioners guaranteed under

article 14. Moreover, the petitioners have complied with all the laws applicable to them thus they

have statutory right under the new act and fundamental right under article 19(1) (g) to carry out

profession and business. Petitioners have right to earn livelihood and right to life under article 21

does not mean merely animal existence, it is more than that and encompasses within it the right

to earn livelihood. Thus, the act of expulsion of petitioners from the society is manifestly illegal

and violates articles 14, 19 and 21 of the constitution of Aryadvip.

3. THE ARYADVIP SEX WORKERS (PROTECTION AND REGULATION) ACT 2021 IS

CONSTITUTIONAL AND NON-VIOLATIVE OF FUNDAMENTAL RIGHTS.

As per article 15(3) of the constitution of Aryadvip state can make special laws for women and

children. Right to life guaranteed under article 21 also includes right to earn livelihood. Also, the

freedom to carry out one’s profession is protected under article 19(1) (g). The new act furthers
the purpose of the old enactment. There is always a strong presumption of the constitutionality of

an enactment and it is the party which challenges the constitutionality of a law has to prove that

the law in question is unconstitutional. Parliament of Aryadvip had the legislative competence to

enact the impugned legislation as the subject matter of the law is not covered by any of the lists

under VII schedule. Thus, parliament of Aryadvip was empowered to enact the Aryadvip Sex

Workers (Protection and Regulation) Act 2021 under entry 97 of the list 1 read with article 248.

It is constitutional morality which is inherent in the constitution which means that rights

entrenched in the constitution must be safeguarded regardless of the prevailing majority view in

the society. Thus, keeping aside the public morality prevailing in the society, the constitutional

morality should be given value and therefore, the new act is constitutional and safeguards

fundamental rights of petitioners.