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A Supreme Court bench of Justices Nageshwar Rao and Gavai today directed the authorities to provide identification documents and dry rations to women, men and transgenders involved in sex work, this was confirmed by Anand Grover, Senior Advocate.

The court further directed the Community Based Organisations of which sex workers are members to prepare a list of sex workers for this purpose and forward the same to District and State Legal Service authorities so that the requisite action can be taken.

The court had on 14th December 2021 directed the States/ Union Territories to issue identity cards and distribution of dry ration to sex workers from list maintained by National Aids Control Organisation (NACO), the authorities were permitted to take assistance of State AIDS control societies as well.

The States/UT's were directed to submit a status report in relation to this. In the meanwhile they were directed to distribute dry rations with out insisting of proof of residence.

The court noted that broadly a large number of sex workers have rations cards. The others who do not have it, are being given dry rations. 

The court further noted that some States had not filed the status reports, the counsel appearing for these states submitted that the issuance of voter cards is in process and the direction of this court is being implemented. The manner of distribution of ration without cards is different in states of Delhi and Chandigarh.

The court directed the States that have not filed status report to do the same in 2 weeks and  were directed to complete the process.

Anand Grover, Senior Advocate, submitted that a large number of sex workers are left out from lists in NACO as according to their scheme a minimum of 1000 sex workers should be there in the community. In case a community has less than 1000 sex workers, the members who do not find their names are not given rations or any other benefits

He submitted that sex workers for all genders should be made eligible for identification documents.

Jayant Bhushan, Senior Advocate,  suggested that the reality is that the sex workers cannot produce proof of residence and therefore list by NACO can be considered for issuance of Aadhar. Amicus further flagged an issue relating to sex workers not coming forward in States, for not taking ration/voter id.

Zohen Hossain, UIDAI submitted that the requirement for issuance of Aadhar is not complicated and the same can be obtained on submitting the name, age, place of residence and mobile.

The court however noted that documents filed along with the affidavit would show that the proof of residence would have to submitted  to obtain Aadhar.

Hussain informed the court that he will take instructions on the same. Archana Pathak Dave, advocate, appearing for Gujarat referred to the adffidavit on 8th January and submitted that even those sex workers who have not come forward for issuance of ration/voter are being provided dry ration under the schemes. The court noted that as directed by on 14th December 2021, the State shall enquire into this aspect as to why Sex Workers are not coming forward.

The court on hearing the submissions held that  States/UTs are directed to issues rations etc to sex workers within a period of 2 weeks from today.

The basis of identification of sex workers need not be restricted to list prepared by NACO, the Community Based Organisation shall submit a list of sex workers to State and District Legal Services committees for verification. On such verification, the list shall be forwarded to the competent authorities for further action. The court further directed that confidentiality of the name submitted in such lists should be maintained .

The matter has now been adjourned by 4 weeks.

Case title:  Buddhadev Karamaskar VS State of West Bengal