This article critically examines India’s legal framework governing sex work through a human rights lens. Analysis of statutes and case law reveals that the Indian state fails to fulfill its positive obligations due to inadequate legislative frameworks and discriminatory enforcement. The Immoral Traffic (Prevention) Act fails to distinguish between voluntary sex work and exploitation (Section 2(f)), creating a legal paradox wherein consensual adult sex work cannot exist within the statutory framework. The absence of explicit legal recognition violates fundamental rights by failing to establish adequate legal protections required under the state’s positive obligations. The article demonstrates four interlocking deficiencies: statutory failure to recognize consent, treating all commercial sexual activity as exploitation regardless of consent; contradictory criminalization, wherein prostitution is ostensibly legal yet surrounding activities are prohibited; judicial inconsistency with contradictory judicial rulings enabling arbitrary enforcement; and a consent framework void, providing no mechanism to distinguish voluntary from involuntary sex work. Empirical evidence from sex worker collectives documents systematic police harassment, with substantial majorities of women in anti-trafficking raids voluntarily engaged in sex work. Comparative legal analysis demonstrates that full decriminalization correlates with demonstrable violence reduction and improved health outcomes, while partial criminalization and heavy regulation create enforcement inconsistencies. Drawing from international human rights principles and comparative analysis, the article advocates a paradigm shift from the current framework treating all sex work as exploitative toward a rights-based approach emphasizing decriminalization, anti-discrimination protections, and constitutional alignment to uphold sex workers’ rights to equality, dignity, and justice.