Supreme Court orders States/ UTs to immediately start issuance of ration, identity cards to sex workers

The Supreme Court on Tuesday this week pulled up the State governments and Union Territories (UTs) for not complying with its decade-old directions to issue ration and identity cards to sex workers [Budhadev Karmaskar vs. State of West Bengal and ors]..A Bench of Justices L Nageswara Rao, BR Gavai and BV Nagarathna said that all States and Union Territories should immediately start the process of issuing ration / voter identity cards to all sex workers who find place in the list maintained by National AIDS Control Organisation (NACO). "There is a bounden duty cast on the government to provide basic amenities to the citizens of this country. The State Governments/Union Territories and other authorities are directed to commence the process of issuance of ration cards/ Voters Identity cards immediately to sex workers from the list that is maintained by NACO," the Court directed.The Court also ordered that a status report relating to the issuance of ration cards and voters identity cards and Aadhaar cards should be filed before the Court within a period of four weeks.Right to dignity is a fundamental right that is guaranteed to every citizen of this country irrespective of his/her vocation, the Court added.The Court was hearing a 2011 appeal concerning rehabilitation and rights of sex workers throughout the country. .Senior Advocate Anand Grover brought to the Court's attention that earlier directions calling for issuance of ration cards to those sex workers identified by NACO and community-based organisations had not been complied with. Amicus curiae Jayant Bhushan assisted by Piyush Kanti Roy informed the Court that they too were not certain about whether there was compliance with the Court's directions. They submitted that dry ration was provided for few months, post the direction, after which it had stopped. .The Bench reminded the State of its duty to provide for each citizen, demanding why its directions had not been complied with. "As this Court has directed the State Governments and the Union Territories to issue ration cards and identity cards to sex workers almost a decade back, there is no reason as to why such direction has not been implemented till now," the order noted. The Bench said that the government is obligated to provide basic amenities to every citizen."Right to dignity is a Fundamental Right that is guaranteed to every citizen of this country irrespective of his/her vocation. There is a bounden duty cast on the government to provide basic amenities to the citizens of this country," the Court said..The Bench therefore, called upon States and UTs to immediately commence the process of issuing ration and identity cards to sex workers.In the meantime, the States have to continue distribution of dry rations to sex workers without insisting on ration cards and other proof of residence and profession.The Bench emphasised that the names of sex workers be kept confidential in the process..The Court had issued certain directions in 2011 based on recommendations of a Court-appointed committee regarding 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.On October 28, 2020, the Court asked all States and Union Territories to ensure the distribution of a minimum quantity of dry ration to sex workers as identified by the NACO and 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..Earlier this month, the Court reiterated the same after it was brought to the Bench's attention that only two States, Maharashtra and West Bengal were complying with its October 2020 directions. The case will be heard next on January 10, 2022. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.