On October 7, 2020, the National Human Rights Commission (NHRC) gave recognition to sex workers as informal workers in their advisory on ‘Human Rights of Women in the context of Covid-19’. However, Sunitha Krishnan, a social activist and founder of an organisation, Prajwala, opposed the advisory, which has sparked severe criticism across thousands of sex workers, feminists, activists, and organisations and networks.
The NHRC Advisory
The NHRC included sex workers as informal workers in their advisory on ‘Women at Work’ so that the rights of all women, especially those who were excluded and marginalised during the Covid-19 pandemic, can be secured. The advisory asked the Ministries of Women and Child Development, Labour, Social Justice, Health, and Consumer Affairs in all States and Union Territories, to recognise sex workers as informal workers and register them, in order to enable them avail the benefits of a worker. The NHRC has also asked the concerned ministries to issue temporary documents so that, the sex workers can access all welfare measures and health services like all other informal workers.
Significance of the Advisory
According to the founder of Sampada Grameen Mahila Sanstha, Meena Seshu, sex workers have been considered a part of vulnerable and marginal sections of society under the advisory, considering them as citizens, who deserve protection of human rights in the time of the Covid-19 pandemic. Chaynika Shah of Forum against Oppression of Women says that NHRC had sought expert advice in this concern.
Similarly, another expert and Executive Director of Saheli HIV/AIDS Karyakarta Sangh, Tejaswi Sevekari, believes that the NHRC advisory is a welcome move, and is an important milestone in achieving constitutional rights for sex workers. However, both the government and constitutional bodies had stood by the protection of the human rights and dignity of sex workers.
Criticism of the Advisory
On the other hand, Sunitha Krishnan, a social activist and an awardee of the Padma Shri in 2016, who runs an organisation, namely, Prajwala, is the loudest voice against this advisory, and has asked the NHRC to withdraw Section III (B) of the ‘Women at Work’ advisory, which practically asks the government to legalise sex work by giving it a legitimate registration status. She runs the organisation with a mission to end sex slavery. To this end, she has rescued, rehabilitated, or served more than 23,000 survivors of sex trafficking through her organisation.
She is of the view that there has not been a single instance in her experience, spanning over 25 years, where a woman has voluntarily gone into prostitution. She says that prostitution as an absolute failure on our part to not provide viable options to women for their productive engagement. As per The Immoral Traffic (Prevention) Act, commercial sex is illegal and liable for prosecution. Sex is either a consensual engagement between two adults or it is rape. Therefore, Indian government never recognised sex work.
Reaction to Her Letter
In response to Krishnan’s letter to the NHRC, more than 11,000 signatories from 25 states registered their protest. More than 255 organisations, including the Forum against Oppression of Women, Gamana Mahila Samuha, Point of View, MASUM, Stree Mukti Sanghatana, Mazdoor Kisaan Shakti Sanghatana, Queer Feminist LBT Collective, Telangana Hijra Transgender Samiti, Naz Foundation, and others strongly reacted that no individual or organisation can arrogate to themselves the authority to decide the destiny of sex workers of victims of sexual violence. These organisations regard her letter as a direct attack on the rights of vulnerable communities, such as sex workers, particularly in this time of Covid-19. Her myopic and moralistic objection to the advisory violates women’s rights at several levels.
Courtesy: Indian Express