In the case of BUDHADEV KARMASKAR V. THE STATE OF WEST BENGAL & ORS. [Criminal Appeal No(s).135/2010] an application has been filed by Durbar Mahila Samanwaya Committee, India’s oldest collective of sex workers, has stated that the pandemic has destroyed their livelihoods. In this regard, a big relief has been provided by the Supreme Court.

The Supreme Court has on Monday directed the Centre and State governments to immediately provide monetary assistance, food supply and other basic amenities to sex workers, who have been rendered jobless since the corona virus-induced lockdown began in March,  reported. The court said this should be done without insisting on documents such as ration cards.

The bench of Justices L Nageswara Rao and Justice Hemant Gupta has asked the Centre if it can exercise its power under the National Disaster Management Act to help sex workers during the crisis. “They are under severe distress now, something urgent has to be done,” Rao said. “This deals with the survival of lakhs of people. Centre and state governments should do something without waiting for our directions.”

Justice Raoalso asked  Additional Solicitor General RS Suri, representing the Centre, that relief measures should not be restricted to just those who approach authorities for help, but efforts should also be made to reach out to those in need.

India’s oldest collective of sex workers, Durbar Mahila Samanwaya Committee, filed an application before the Supreme Court to seek support. The collective said the pandemic has destroyed their livelihoods and left the community impoverished, adding that sex workers are entitled to live with dignity, access to food, shelter and social protection.

“After the nationwide lockdown was announced on March 24, 2020, there was no work and no income,”  sex workers scrimped through their meager savings or took loans at exorbitant interest rates to survive. Most were dependent on the charity.

Senior advocate Anand Grover, representing the collective, that an assessment conducted in Andhra Pradesh, Karnataka, Maharashtra, Telangana and Tamil Nadu shows that only 52% of 1.2 lakh sex workers receive ration through the public distribution system. “The situation in other cities is even worse,”

“While it might seem that the condition of sex workers is no different from that of other poor, unorganized workers who are also encountering extreme hardships due to Covid-19, in reality, sex workers are worse off on account of the stigma associated with their work and the exclusion that results from such prejudice", he added.

The bench observed “This is a human problem. People are not getting ration for want of ration cards. They are under severe distress.”

As per the National AIDS Control Organization (NACO) of the Ministry of Health and Family Welfare, there are over 8.68 lakh female sex workers in the country and 62,137 Hijra/transgender persons in 17 states, of which, 62 percent are engaged in sex work.

 Additional Solicitor General (ASG) RS Suri, who appeared for the Centre, informed the Court that the government has provided benefits to sex workers under the Ujjwala Yojna for grant of LPG cylinders.

Grover pointed out that in the 5-state survey, only 8 percent of 1.2 lakh sex workers could avail of the cooking gas scheme. In addition, the sex workers demanded medicines, healthcare, school fees incentive for their kids and pension for widows and old women among their community.

Grover pointed out that in April 2020, the Government announced cash support of Rs 1,500 for transgender persons to help them tide over the lockdown situation. He insisted on having something similar for sex workers.

While listing the matter for hearing on September 29, the Court has asked the Centre to consider some immediate arrangement of food and basic needs for sex workers under the Disaster Management Act.

This news has been reported and prepared by Ms. Suheena Khan & reviewed by Ms. Samreen Ahmed, Research Assistant, Research & Innovation Department, MyLawman.