COVID-19: Calcutta High Court seeks report from Legal Services Authority on difficulties faced by sex workers

The Calcutta High Court has directed the West Bengal State Legal Services Authority to assign a paralegal volunteer to report to the Court on the difficulties being faced by sex workers and their families in the State in view of COVID-19. (Aishwarya Adhikari vs. The State of West Bengal).A Division Bench of Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj added that based on the report, action can be taken with the State’s help for addressing the problems faced by sex workers."We direct the Member Secretary, State Legal Services Authority to depute any Para Legal Volunteer within the area and report to this Court about the difficulties being faced by the sex workers and their families so that the same can be taken care of with the help of the State," the order said..The direction came on a Public Interest Litigation (PIL) petition seeking the redressal of grievances faced by sex workers in West Bengal, who were in financial distress due to the COVID-19 pandemic. .The petitioner had conducted a fact finding study which highlighted that sex workers were left out of the purview of the government's support schemes, therefore, hampering their right to life under Article 21 of the Constitution of India..It was stated that many sex workers were not being given their dues of food ration under the National Food Security Act, 2013. Further, those who were receiving rations were aggrieved at the nutritionally and quantitatively inadequate rations. This meant that sex workers were being forced to procure necessities at exorbitant prices, the Court was told..The petitioners argued that the right to food is inherent to a life with dignity under Article 21. Article 39 (a) required the State to direct its policy towards ensuring that citizens have the right to livelihood. Article 47 sets out the State’s duty to raise the level of nutrition and the standard of living of its people as a primary responsibility, it was submitted..Therefore, the petitioner prayed that all sex workers be provided appropriate nutritional succour and financial assistance. It was also prayed that the benefit of all Anganwadi-related schemes be extended to sex workers and their families..When the matter was taken up last Tuesday, Government Pleader Anirban Ray sought time to file an affidavit. The matter has been adjourned till October 7..Advocates Joveria Sabbah and Bodhisatya Ghosh appeared for the petitioner..[Read Order]