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Synopsis

The Allahabad High Court has directed the Union of India and the State Government of Uttar Pradesh to file their respective responses to the Public Interest Litigation(PIL) plea seeking issuance of directions pertaining to the upliftment of living standard of sex workers.

The bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh has granted four weeks' time to both governments to file their responses to the plea moved by a law student.

Petitioner in person- Jaya Pandey, a law student at the University of Petroleum and Energy Studies at Dehradun, moved the PIL relying upon a covenant signed by India as a State member at the "Convention on the Elimination of all forms of Discrimination against Women" on 09th July 1993.

The plea stated that Article 7 of the said covenant reads that the State Parties are required to take all appropriate measures to eliminate discrimination against women in political and public life.

The plea further pointed out Article 11 (1) (e) of the said covenant, according to which under the said covenant the State Parties are required to take appropriate measures to ensure inter alia that women are able to exercise and enjoy the same rights, particularly the right to social security in cases of unemployment, sickness, invalidity and old age and incapacity to work etc.

Moreover, the plea highlighted Article 13 of the covenant which provides that all the State Parties shall take all appropriate steps to eliminate discrimination against women in economic and social life particularly the right to family benefits, right to loan and financial credit/help and further, right to participate in recreational activities etc.

Advancing her arguments before the court, the petitioner submitted that the directive principles as embodied in Article 51 (c) of the Constitution of India obligate the Union of India as also the State of UP to foster respect for international law and treaty obligations.

She argued that in fulfillment of the goal as enunciated in Article 51 (c) of the Constitution of India, the Union of India and the State of UP should take appropriate steps to ensure that the covenant, as signed in the convention as aforesaid, is respected and adequate measures are taken to improve the conditions of life of the sex workers.

She stressed that having regard to the present condition of the sex workers in society, it is the need of the hour that the Union of India as also the State of UP take appropriate steps to fulfill the obligations arising out of said convention/covenant.

Case Title: Jaya Pandey And Others v. Union Of India Thru and Others