Supreme Court directs states to provide dry ration to sex workers without insisting on identity proof

The Supreme Court today directed the state governments to ensure that dry ration is provided to sex workers without insisting on identification proof..The Bench of Justices L Nageswara Rao and Ajay Rastogi has directed that sex workers who are identified by the National AIDS Control Organisation (NACO) and state committees be given this benefit.The state governments have been asked to apprise the Court in four weeks about the implementation of this order and the number of sex workers who have benefitted from the same..While passing its order, the Court noted that it is glad that "none of the states or the Centre has taken an adversarial stand.".The Court was hearing an application filed by NGO Durbar Mahila Samanwaya Committee, which had moved the Court to highlight the destitution faced by sex workers on the account of COVID-19. The application seeks relief measures for over nine lakh female and transgender sex workers across the country..In its judgment passed in February 2011, the Court had held that sex workers have a right to live with dignity. A committee was subsequently constituted to study the various laws and to conduct a study relating to the conditions of sex workers. One of the terms of reference was the rehabilitation of sex workers..The committee filed a number of interim reports before the Court, before submitting a final report in September 2016. The Court noted that the third interim report pertains to easing the existing rigors of identifying sex workers. Among the recommendations made was that sex workers who are citizens shall not be denied a Voter ID card because of their profession..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 thesame 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."The Bench also noted that the subject of the third interim report, that is identity of sex workers, is the subject matter of a Bill pending in Parliament..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.".Additional Solicitor General RS Suri submitted that in principle, the Centre does not have objection if states provide amenities without insisting for identity proof. Counsel for Maharashtra, Karnataka and West Bengal submitted that they have already initiated steps to provide dry ration without insisting on Voter ID etc.Other states informed the Court that there is no scheme for providing dry ration without proof of identity, though there are other schemes to provide basic goods..Amicus Curiae in the matter, Senior Advocate Jayant Bhushan, submitted that the existence of schemes under which sex workers can be provided the amenities sought for in this application was not clear.Bhushan stated that problems in identification of sex workers should be solved by an order of the Court. He submitted that the Court should monitor the implementation of its order regarding provision of ration without identity proof..Advocate Piyush Roy, another Amicus Curiae in the case, submitted that sex workers should be permitted to open bank accounts without proof of identity. This would enable them to obtain any financial benefits sent by the Centre or the states, he said.Appearing for the applicants, Senior Advocate Anand Grover stated that there is a huge gap in identification of sex workers..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."Justice L Nageswara Rao.The Court ultimately directed the states to provide ration to sex workers without insisting on ID proof. The matter will be listed after four weeks, on October 28, by which date the states are expected to file their compliance reports.