THE CONSENT CONUNDRUM, SEX WORK SURVIVAL, AND STATE INTERVENTION

Sex work presents one of the most contested questions of constitutional law: can consent be truly free when it is shaped by survival? While consensual adult sex work is not per se illegal in India, the legal framework continues to blur the distinction between autonomy and exploitation. This paper examines the "consent conundrum" by questioning whether consent given under conditions of structural vulnerability can genuinely be regarded as legally free and informed, or whether the law mistakes survival for autonomy. Through a critical analysis of the Immoral Traffic (Prevention) Act, 1956, the Bharatiya Nyaya Sanhita, 2023, constitutional guarantees under Articles 14, 19, 21, and 23, and evolving judicial developments, particularly Prajwala v. Union of India (2026), the paper argues that meaningful legal reform lies not in choosing between criminalisation and legalisation, but in recognising the distinction between choice and necessity. It advocates for a rights-based framework that protects individuals from trafficking and exploitation while respecting the dignity, agency, and constitutional freedoms of consenting adults.