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The Supreme Court on Thursday directed the States to maintain confidentiality on the details submitted by the sex workers for claiming the benefits of Ration and Voter ID cards as earlier directed by the Top Court.

A bench of Justice L Nageswara Rao and Justice BR Gavai asked the counsels appearing for the State to instruct the authorities to maintain confidentiality stressing that otherwise, the sex workers will not be able to claim the benefits. "Nobody expects to be in the public and take the risk of being grinded," the bench said.

Court was hearing a long pending petition pertaining to the rights of the Sex Workers. Court condemned the fact that even after 12 years of pendency of the matter the Central Government has not brought in any legislation over the issue in the interest of the Community.

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

Today, the bench was informed that the documents in Maharashtra mention SW on the top and are marked with a red stamp, no confidentiality is being maintained for the claims of the benefits.

Regarding this, one counsel suggested that the NACO must be involved in publishing the name and details of the officers before whom the applications for claiming the benefits for the sex workers are to be made, the application should be made available on the website and confidentiality should be maintained. He insisted that in absence of these actions, the benefits will not be claimed by the sex workers.

The bench, in return, asked the counsels to submit their suggestions and hinted that the directions will be passed in the interest of the community on the next date of hearing.

In addition to this, the counsel appearing for the authority submitted, there is an increase in the number of identified workers. He alleged that the voter ID cards were issued for 50,000 and they may apply for ration cards.

Thereafter, the bench adjourned the matter for 2 weeks allowing the counsels to file an affidavit. The bench noted that the arguments will be heard on the next date of hearing prior to the pronouncement of the order.

The matter pertains to a 2010 jail petition filed by Budhadev Karamskar. The court had on 19th July 2011, appointed a committee to advise on issues relating to prevention of human trafficking and rehabilitation of sex workers in order to enable them to live with dignity. Based on the reports filed by the committee, the court had passed various directions to Centre/States and UTs regarding

1)Offering an alternate livelihood to sex workers

2) Helpline to provide free legal assistance to sex workers

3) Directions to centre to formulate a  scheme for people who have been rescued from human trafficking

4) Access to voter id, ration, opening bank accounts to sex workers

5) Provide facilities including day care, night care, creche to the children of sex workers

A final report along with the recommendation of the committee was placed on record and the committee had made recommendations for amendments to be made for immoral trafficking prevention act.

Case title: Budhadev Karamskar Vs State of West Bengal