On Wednesday, the Apex Court directed all State Govts to ensure dry ration is being provided to sex workers, identified by the National AIDS Control Organisation during COVID-19 pandemic, in an adequate amount & uniformly.

A bench headed by Justice L Nageswara Rao directed the State Govts to get help from the National AIDS Control Organisation (NACO) & legal services authorities to identify sex workers and maintain confidentiality pertaining to the identity of sex workers.

States are directed to follow the standard operating procedure (SOP) by the NACO & commence distribution of dry ration to sex workers, the bench said. The Supreme Court also asked the Govts to file a compliance report within 4 weeks.

The Bench added that "We also direct the state government to ensure that schemes for the distribution of ration are implemented. In case there are no schemes the Central government scheme can be adopted. Regarding confidentiality, states to maintain the format of NACO & not reveal the identity".

The Supreme Court was hearing a batch of pleas which raised the problems being faced by sex workers on account of the Coronavirus pandemic.

During the hearing Lawyer Pukhrambam Ramesh Kumar, appearing for Manipur, contended that the state does not have any scheme for the relief of sex workers and has written to National Disaster Relief Fund so that some funds can be provided.

National Disaster Response Force (NDRF) submitted that the Ministry of Home Affairs (MHA) guidelines do not allow funds to be used for this purpose. The bench asked the state to figure out the finances & write to the Centre for finances.

The bench then asked Additional Solicitor General RS Suri that Manipur said there is a shortage of funds to distribute dry ration. "We have asked the State of Manipur to file a representation with the Centre," Justice Rao told ASG Suri, to which he replied to let it file a representation & Govt will look into this.

During the hearing, senior Lawyer Jayant Bhushan, assisting the Court as amicus curiae, in the case contends that Uttar Pradesh says 27,000 sex workers are registered under NACO & get ration under National Food Safety Act.

Lawyer Garima Prashad, appearing for UP Govt, said that most of them are already getting ration & Govt is also making efforts for targeted intervention & some more time needed to gauge the exact numbers.

"Court had given State four weeks & still you have not been able to... This shows the capability of the State. Four weeks is enough to provide ration & one to live off it. Don't delay this & it should not be mere lip service," the Bench said.

Justice Rao, in the order, said the UP isn't clear about the implementation of the order passed by it on Sept 29 for the identification & of sex workers and providing dry ration. Advocate of the state submitted that 27,000 sex workers have been identified, the State submits that state is still in process of identification, the bench noted.

We expect the State of Uttar Pradesh to comply with directions along with the district legal services authority, it added.
On the state of Maharashtra, Jayant Bhushan said Maharashtra government has submitted its affidavit & as per it, out of 36 districts, 8 have submitted reports, 28 have initiated the process.

While reading out the affidavit of Maharashtra Govt said that "In the 8 districts who have filed, then looking at Raigarh, one kilo of each item is given to per family. We do not know if that is sufficient. In Nashik, only sugar & dal has been given. So we don't know if a proper job is being done".

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