On International Day to End Violence Against Sex Workers, a look at their precarious lives in Delhi
All women have the right to safe and legal abortion, so goes the assertion. Is this a myth for the sex workers in the national capital of India?
Naina Bhargava
Published on: 17 December 2024, 05:59 am
AS winter cloaks Delhi’s streets, the lives of sex workers in Majnu ka Tila and GB Road offer a glimpse into the challenges faced by some of India’s most marginalised women.
Despite the legal framework allowing for safe abortions, systemic barriers, stigma and socio-economic vulnerabilities continue to impede access to reproductive healthcare. The International Day to End Violence Against Sex Workers on December 17 offers a poignant moment to reflect on these struggles, particularly in light of the Supreme Court's ruling in X versus Principal Secretary (2022) that extended abortion rights to unmarried women.
For sex workers, however, this legal triumph remains largely theoretical in its impact.
The legal landscape
The Supreme Court’s September 2022 decision to recognise the right to abortion for unmarried women was celebrated as a historic step toward gender equality. The judgment, which emphasised the reproductive autonomy and dignity of women, aligned reproductive rights with the constitutional principle of equality.
The Supreme Court’s September 2022 decision to recognise the right to abortion for unmarried women was celebrated as a historic step toward gender equality.
Advocate Dr Amit Mishra, who represented the petitioner, described the ruling as groundbreaking. However, he highlighted the significant gap between the law’s promise and its practical implementation.
“The judgment is a landmark decision, but its practical impact is limited. While educated individuals might be aware of it, most women— including medical practitioners— remain unaware of the legal provisions.
“Sex workers, being marginalised and often without access to information, are largely ignorant of their rights under the Medical Termination of Pregnancy (MTP) Act,” Mishra noted.
The Medical Termination of Pregnancy (MTP) Act, 1971 allows any woman to seek an abortion up to 20 weeks of pregnancy. Vulnerable groups such as minors, widows and unmarried women are granted an extended limit of 24 weeks under Rule 3-B of the MTP Rules.
However, procedural requirements, such as approval from two medical practitioners for abortions beyond 20 weeks, create significant hurdles. These barriers are particularly daunting for sex workers, who often lack the necessary documentation, information or support networks to navigate the system.
Moreover, the burden of proving eligibility under the MTP Rules further complicates the process. For sex workers, whose occupation is still shrouded in stigma, this requirement becomes an almost insurmountable obstacle.
Barriers to access
The global reproductive health crisis is alarming. According to the United Nations Population Fund, 2022, 257 million women of reproductive age want to prevent pregnancy, yet 172 million lack access to modern contraception, leading to unintended pregnancies.
In India, the situation is equally concerning, with six million abortions annually— two million spontaneous and four million induced. Shockingly, only 1–2 percent (5–6 lakh) of these abortions are legal.
