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A Supreme Court bench of Justices Nageshwar Rao, Gavai and Nagarathna today directed the Centre, States and Union Territories to immediately commence issuance of ration cards, voter ids and other proofs to sex workers. The bench further directed the government to take the assistance of National AIDS control Organisation (NACO) and State AIDS control societies to get a list of sex workers.

The bench passed this direction in 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.

One of the terms of reference relates to the legal status of sex workers through official documents like ration card, voter id, Aadhar and the likes. The court noted that a perusal of the report filed by the committee indicates that it is very difficult for sex workers to obtain them owing to the lack of proof of residence.

The court further noted that resultantly, they are deprived of entitlement and are denied access to schemes meant for rehabilitation.  The court noted that after detailed deliberation, a panel suggested that States and local authorities to issue ration card to sex workers relaxing the existing rules to obtain these without mentioning the profession. The committee recommended that the sex worker should not be denied anything being a citizen of the country.

In September 2020, an application was filed seeking directions to authorities to provide monthly dry rations and cash transfer to sex workers owing to the COVID-19 pandemic. The grievance alleged in the application was that the sex workers were deprived of dry rations on the ground that they were unable to produce proof of identity. The court, on realising the situation in which the sex workers were place during COVID-19 and to lead them away from starvation directed the authorities to provide dry ration to sex workers who were identified. The court had further directed the District Legal Service Authorities to assist the government authorities in distribution of dry rations.

Jayant Bhushan, Senior Advocate and amicus curia, referring to the affidavits filed by the States  submitted that issuance of ration cards to all the sex workers on the basis of identification by community based organisations would be a problem. He further submitted that it is not clear as to whether dry rations were distributed consistently. The amicus referred to Gujarat’s affidavit to submit that 12,291 sex workers are not willing to avail benefits of the scheme and that this is a matter that has to be enquired into.

The court on hearing the submissions of Anand Grover, Senior advocate and the amicus curiae noted that it had directed states and UT to issue ration cards and identity documents to sex workers almost a decade back and that there was no reason as to why such direction has not been implemented till now.

The court noted that fundamental right is guaranteed to every citizen of this country, there is a bounden duty on the State to provide basic amenities to citizens. The court directed States/UT/Centre and other authorities to commence issuance of ration/voter id and other proofs immediately from a list that is maintained by NACO, the authorities can take the assistance of state AIDS control societies who were directed to provide a list of sex workers.

The court further directed a status report relating to issuance of ration, voter id and Aadhar to  be filed in a period of 4 weeks. The court directed the governments and authorities to continue distribution of dry ration without insisting on proof of residence and profession and in the process keep the names of the sex workers confidential.

 

Case title: Budhadev Karamskar Vs State of West Bengal