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