In a landmark step, NHRC Lists Sex Workers As ‘Women At Work’

In its advisory on ‘women’s rights’ in the context of Covid-19,’ the NHRC directed the Centre and state governments to allow sex workers to access welfare schemes under the category of informal workers. The NHRC’s advisory was based on an impact assessment conducted by an 11-member expert committee comprised of civil society organizations, domain experts, and government representatives.

Kiran Deshmukh, National Network of Sex Workers (NNSW), welcomed the move, calling it a watershed moment in the country’s fight for sex workers’ rights. ‘We are now counted as employees, and this is just the beginning for us. “This is a moment of celebration for all sex workers who fight every day for the right to live and earn by providing sexual services free of stigma, discrimination, and violence,’ Deshmukh said. Deshmukh went on to say that the NNSW has also made submissions to the committee, highlighting key issues and making recommendations.

‘We are now counted as employees, and this is just the beginning for us. ‘This is a moment of celebration for all sex workers who fight every day for the right to live and earn by providing sexual services free of stigma, discrimination, and violence,’ Deshmukh said. Deshmukh went on to say that the NNSW has also made submissions to the committee, highlighting key issues and making recommendations. Currently, the NNSW has over 1.5 lakh sex workers as members across eight states.

According to activists, the pandemic-induced lockdown has severely harmed the lives of sex workers, as the majority of them have lost their jobs and homes. ‘This will lead to the reduction of exploitative practices and safe working conditions of sex workers,’ says Meena Seshu of SANGRAM, an organization working for sex workers’ rights. In its advisory, the NHRC has directed states to provide immediate relief measures such as temporary documents to access PDS and other welfare schemes. Activists say that this will help many non- ration cardholders to avail ration.

The NHRC also recommends that migrant sex workers be included in migrant worker schemes, such as free testing, COVID-19 treatment, and the provision of essentials such as soaps and sanitizers. Seshu believes that the advisory can be used to further advocate. ‘The alert has been distributed to all states and departments.’ It is now up to community-based organizations and collectives to take action.

The activists also point out that their long-standing struggle for rights has resulted in some positive moves from the judiciary and administration. In a recent ruling, the Bombay High Court held that there is no provision under the law, which makes prostitution a criminal offense. In another gesture, the Maharashtra government passed a resolution in July asking the district officials to provide essential services to sex workers who have lost livelihood during the pandemic.

P Devi of NNSW points out that the advisory is a step in the right direction. ‘In Andhra Pradesh, we submitted a memorandum to the women’s commission to recognize sex work as work. But the DGP said that they would have considered our plea if the NHRC or NCW came up with an advisory. Now that we have this, we will be able to use it as a better tool for advocacy’, she said. The NHRC advisory also directs that sex workers have to be provided a moratorium on all loans taken from banks and other financial institutions and in cases of harassment or violence, action must be taken by concerned authorities.