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The Supreme Court has recently set down directions for the protection of sex workers stating that "notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India."

A bench of Justice L Nageswara Rao, Justice BR Gavai and Justice AS Bopanna noted, "The Constitutional protection that is given to all individuals in this country shall be kept in mind by the authorities who have a duty under Immoral Traffic (Prevention) Act,1956."

The directions have been passed by the apex court in a 2010 jail petition filed by Budhadev Karamskar. The court had on July 19, 2011, appointed a committee to advise on issues relating to the prevention of human trafficking and rehabilitation of sex workers in order to enable them to live with dignity.

The Court has directed the State Governments and the Union Territories to strictly comply with the following recommendations made by the panel:

1. Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with Section 357C of the Code of Criminal Procedure, 1973.
2. The State Governments may be directed to survey all ITPA Protective Homes so that cases of adult women, who are detained against their will can be reviewed and processed for release in a time-bound manner.
3. The police and other law enforcement agencies should be sensitised to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. Police should treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.
4. The Press Council of India should be urged to issue appropriate guidelines for the media to take utmost care not to reveal the identities of sex workers, during arrest, raid, and rescue operations, whether as victims or accused, and not to publish or telecast any photos that would result in disclosure of such identities.
5. Measures that sex workers employ for their health and safety (e.g., use of condoms, etc.)must neither be construed as offenses nor seen as evidence of the commission of an offense.
6. The Central Government and the State Governments, through National Legal Services Authority, State Legal Services Authority, and District Legal Services Authority, should carry out workshops for educating the sex workers about their rights vis-a-vis the legality of sex work, rights, and obligations of the police and what is permitted/prohibited under the law. Sex workers can also be informed as to how they can get access to the judicial system to enforce their rights and prevent unnecessary harassment at the hands of traffickers or police.

In addition to this, the bench has directed the competent authorities under the Immoral Traffic (Prevention) Act, 1956 to comply with the provisions of the Act.

Over the issue of Aadhar cards not being issued to the sex workers due to the non-availability of address proof, the bench noted that "Aadhar Cards shall be issued to sex workers on the basis of a proforma certificate which is issued by UIDAI and submitted by the Gazetted Officer at NACO or the Project Director of the State Aids Control Society, along with Aadhar enrolment form/application.

In furtherance of this, the bench also directed that there should be no breach of confidentiality in the process, including the assignment of any code in the Aadhar enrolment numbers that identify the cardholder as a sex worker.

With regards to the other recommendations submitted by the panel, the bench has decided the issue to be taken up after summer vacations as the Central Government had objected stating that they have certain reservations in respect of the recommendations except the ones mentioned above.

The Central Government has stated that they have certain reservations on the following recommendations:

1. Sex workers are entitled to equal protection of the law. Criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’. When it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action.
2. Whenever there is a raid on any brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers concerned should not be arrested or penalized or harassed, or victimized.
3. The Central Government and the State Governments must involve the sex workers and/or their representatives in all decision-making processes, including planning, designing, and implementing any policy or program for the sex workers or formulating any change/reform in the laws relating to sex work. This can be done, either by including them in the decision-making authorities/panel and/or by taking their views on any decision affecting them.
4. No child of a sex worker should be separated from the mother merely on the ground that she is in the sex trade. Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that he/she has been trafficked. In case the sex worker claims that he/she is her son/daughter, tests can be done to determine if the claim is correct and if so, the minor should not be forcibly separated.”

Cause Title: BUDHADEV KARMASKAR Vs. THE STATE OF WEST BENGAL & ORS.