The Supreme Court of India has directed that dry ration be distributed to sex workers across the country without insisting on ration cards for the same [Budhadev Karmaskar vs. State of West Bengal and ors]..A Bench of Justices L Nageswara Rao and BR Gavai said that right to food, clothing and shelter falls within the sweep of Article 21 and though there has been an improvement in COVID situation, the Constitutional obligation of States to provide food to sex workers remains."Right to life guaranteed under Article 21 of the Constitution of India includes right to live with basic human dignity. Right to food, clothing and shelter fall within the sweep of Article 21. Though, there is some improvement in the situation caused by Covid-19 pandemic, we are of the view that the constitutional obligation on the State Governments and Union Territories to provide basic amenities to the citizens of this country includes the entitlement of sex workers to food," the Court said.The Court was hearing a plea concerning rehabilitation and rights of sex workers.The Court had, in its last order in the matter dated October 28, 2020, asked all States and Union Territories to ensure the distribution of a minimum quantity of dry ration to sex workers as identified by the National AIDS Control Organisation (NACO) and the District Legal Services Authority (DLSA). This order was passed after taking into account the fact that it would be difficult for sex workers to produce any identity proof. When the matter came up for hearing on November 29, Senior Counsel Anand Grover told the Bench that only Maharashtra and West Bengal were complying with the Court's October 2020 order to distribute dry ration to sex workers. Further, the Amicus Curiae in the case, Senior Advocate Jayant Bhushan, submitted that State governments were asking the sex workers for their ration cards for giving them their entitled dry ration.The Bench observed that the identification of sex workers from the data provided by NACO and the DSLA would be sufficient to claim their share of dry ration. Noting that this was a fundamental right, the Court stated:"Right to life guaranteed under Article 21 of the Constitution of India includes right to live with basic human dignity. Right to food, clothing and shelter fall within the sweep of Article 21." It, therefore, directed that its earlier order be complied with and status reports be filed by all the State governments and Union Territories before December 10 this year."After hearing all concerned, this Court passed an order dated October 28, 2020 that it is difficult for sex workers to produce proof of identity. Identification of sex workers from the data provided by NACO and the District Legal Services Authority would be sufficient for them to claim distribution of dry ration. The State Governments and Union Territories are directed to comply with the order dated October 28, 2020 without insisting on ration cards," the Court ordered.The case will be heard next on December 14. While hearing the matter in 2011, the apex court had constituted a panel to study and give suggestions with respect to prevention the trafficking of sex workers, rehabilitating them, and identifying how their conditions could be made more conducive to live with dignity in accordance with the guarantees under Article 21 of the Constitution.[Read order]
