Calcutta High Court Seeks State's Response In Plea Seeking Adequate Ration And Financial Assistance For Sex Workers

The Calcutta High Court on Tuesday issued notice on a Public Interest Litigation (PIL) highlighting the plight of sex workers in West Bengal who have been left in dire financial crisis owing to the ongoing pandemic. The plea contended that sex workers in the State do not have access to adequate food ration as necessitated under the provisions of the National Food Security Act, 2013 as a result of which their fundamental right to life under Article 21 of the Constitution is being violated.

A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj directed Advocate General Kishore Datta to file an affidavit-in-opposition in this regard by September 15.

Furthermore, the Bench directed the State to ensure that sex workers in the State have access to identity cards so as to be eligible for various government schemes. Assistance in this regard may also be sought from the Legal Services Authority, the Bench opined.

The instant plea had been moved pursuant to a fact finding investigation conducted at the Watgunge Red Light area on August 15, 2021. The petitioner brought to the notice of the Court that the food grains currently being provided to the sex workers are woefully inadequate both nutritionally and quantitatively owing to which there exists severe malnutrition amongst the sex workers. Furthermore, during the course of the fact finding mission it was also found that the concerned sex workers in the Watgunge area are being deprived of nutritious food items from the Angadwadis under the Integrated Child Development Services (ICDS) scheme.

"There are several children in the Watgunge Redlight Area in the age group of 6 months- 6 years along with pregnant and lactating mothers who are being denied their entitlements of nutritious food items from the local Anganwadi under the Supplementray Nutrition Programme of the Government of India. The children in the age group of 3-6 years are entitled to pre-school education in the Anganwadis, which is also being denied to the children", the plea further contended.

The petitioner further sought Court's leave to direct the concerned State authorities to provide adequate financial assistance by transferring money in the bank accounts of the concerned sex workers in the State in order to tide over the ongoing financial crisis as a result of the ongoing pandemic. In case, the sex workers do not have bank accounts, assistance of the State was also sought to open such bank accounts. 

Furthermore, the plea prayed for the constitution of a committee comprising expert members having experience in working for the welfare of sex workers in order to identify, evaluate and assess the crisis situation pertaining to the unavailability of food, ration and economic sustenance of sex workers living in the State. 

On Tuesday Advocate General Kishore Datta informed the Court that the State government had already framed guidelines in this regard and that sex workers as well as transgenders were being provided with ration via food coupons under various government schemes. He thus sought the Court's leave to file a response.

The Advocate General also brought to the notice of the Court that the Supreme Court was already adjudicating upon a similar plea and had accordingly directed State governments to follow the Standard Operation Procedure formulated by National AIDS Control Organisation (NACO) and commence distribution of dry ration to sex workers. Further, the State governments had also been directed to file compliance reports pertaining to the implementation of schemes for the distribution of ration, AG Kishore Datta further added. 

Taking note of the concerns raised, the Bench adjourned the matter by directing the State government to provide the sex workers with pulses in addition to rice and wheat. The State government was also instructed to find out whether production of identity proof was being required to avail such government benefits. 

Advocate Joveria Sabbah represented the petitioner in the matter. 

Case Title: Aishwarya Adhikari v. State of West Bengal