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Dry Rations to be provided to sex workers without any proof of identification: Supreme Court

Dated: September 30, 2020

                                                                                                                                       - By Megha Bhatia

On 29 September 2020, the Supreme Court ordered all States and Union Territories to offer dry rations to sex workers listed by the National AIDS Control Organisation (NACO) and the authorities of the legal services, without requiring any proof of identification. The Bench of Justices L Nageswara Rao and Ajay Rastogi directed that this advantage be provided to sex workers. In the next four-week cycle, States and UT’s will have to file a report showing how much dry rations have been distributed by them.

“The learned Additional Solicitor General and the learned counsel appearing for the State Governments are directed to get instructions regarding the modalities for distribution of monthly dry rations and cash transfer to the sex workers without insisting on proof of identity,” the bench had ordered while hearing the application, drawing the court’s attention to the issue.

The Court observed, while passing its order, that it is pleased that “none of the states or the Centre has taken an adversarial stand.”

An application lodged by the NGO Durbar Mahila Samanwaya Committee was heard by the Court, which had moved the Court to emphasise the destitution suffered by sex workers on account of COVID-19. The application seeks relief measures in the country for over nine lakh female and transgender sex workers.

The High Court also asked the Central Government to state if it can extend the financial assistance given to sex workers during the pandemic or to the transgender community as well. The court was concerned with a petition that had drawn its attention to the community’s struggles.

Right to Live with Dignity

The Court held, in its judgement of February 2011, that sex workers have a ‘Right to Live with Dignity’. Subsequently, a committee was set up to review the different laws and perform a research related to the conditions of sex workers. The rehabilitation of sex workers was one of the terms of reference.

The Committee submitted to the Court a number of preliminary reports, before submitting a final report in September 2016. The Court noted that the third interim report relates to the easing of the current rigours relating to the identification of sex workers. Among the suggestions that are made, it is stated that a voter ID card should not be refused to sex workers just because of their occupation.

The Bench also observed that the subject-matter of the third interim report, namely the identity of sex workers, is the subject-matter of the bill pending before Parliament.

The court was informed that, according to NACO, which falls under the Ministry of Health and Family Welfare, there are more than 8.68 lakh female sex workers in the country, and 62% of the 62,137 transgender people in 17 states are engaged in sex work.

In relation to this aspect, the Court noted, “They have difficulty in getting Voter ID cards or opening bank accounts. We are of the opinion that they should not face these difficulties as they have the same fundamental rights as any other citizen. The suggestions by panel in third interim report was to be taken seriously by Centre and the states. These suggestions be implemented expeditiously.”

Petitioner’s Contention

Senior lawyer Anand Grover, appearing for the complainant, said that a significant gap existed in identifying sex workers. Taking notice of this, the court expressed concern that many sex workers do not have identity proof in their hands. Then, in the light of the ongoing pandemic, it went on to provide guidance to allow the sex workers to survive.

The DMSC’s application states that due to a lack of, or flaws in, documentation such as Aadhaar and ration cards, a significant number of sex workers have been excluded from aid initiatives.

The petitioner argued that, because of social stigma and marginalisation, sex workers were left out of the Covid-19 response and are in desperate need of help. “Though the ‘unlock’ process has been underway since June 2020, sex workers have not recovered their earnings. With the exodus of migrant workers from cities, there is hardly any work. Like everyone else, sex workers are afraid of contracting Covid-19 and are hesitant to get back to work,” the plea stated. It urged the bench to provide relief to sex workers as long as the pandemic persists, in terms of monthly dry rations, Rs 5,000 per month cash transfers and Rs 2,500 additional cash transfers for those with school-going children.

On the aspect of rations, the Court said, “We are at this point concerned with points raised in this application. We are concerned that sex workers can’t access dry ration, cash transfers and other facilities due to lack of identity proof.”

Contentions by others

Additional Solicitor General RS Suri submitted that, in principle, if states provide amenities without insisting on identity proof, the Centre does not have an objection. Counsel for Maharashtra, Karnataka and West Bengal submitted that without insisting on Voter ID etc., they had already introduced measures to provide dry ration. Other States have informed the Court that without proof of identity, there is no dry ration scheme, although there are other schemes for the provision of basic goods.

Senior Advocate Jayant Bhushan, Amicus Curiae, argued in the case that the existence of schemes through which the facilities sought in this application could be offered to sex workers was not apparent.

Bhushan stated that difficulties in identifying sex workers should be resolved by an order of the Court. He submitted that, without identity evidence, the Court should track the implementation of its order on the provision of ration.

Another Amicus Curiae in the case, Advocate Piyush Roy, argued that sex workers should be allowed to open bank accounts without proof of identity. This would allow them to earn some financial benefits sent by the Centre or the states, he further added.

After hearing the parties, Justice Rao said, “We are concerned at present with providing dry ration to sex workers for their survival. The problem stated is that majority of these sex workers are not in a position to avail benefits of various schemes of state and centre as they don’t have proof of identity.”

        Ultimately, without insisting on ID proof, the Court ordered the states to provide rationing for sex workers. The matter will be referred to after four weeks, on October 28, which is the date by which the States are supposed to send their compliance reports.