Sex Workers Can Be Given Aadhaar Card Without Formal Proof Of Residence Subject To NACO/State Certificate : NACO Tell Supreme Court

The Unique Identification Authority of India (UIDAI) informed the Supreme Court on Monday that no formal proof of residence is required to issue Aadhaar cards for sex workers if any Gazetted Officer in the National Aids Control Organization(NACO) or State Health Department gives a certificate to that effect

The Bench comprising Justice L Nageswara Rao and Justice BR Gavai stated that it would be crucial to keep the information, particularly details of the profession of the sex workers confidential.

Mr. Zoheb Hossain, representing the UIDAI, submitted that the authority is obligated to keep the information confidential and private. Moreover, there is no column in the application for mentioning their profession.

Senior Advocates, Mr. Jayant Bhushan, Amicus Curiae and Mr. Anand Grover appearing for the applicant, assured the Bench that they would seek instructions in this regard.

Accordingly, the Bench noted in the order -

"We have gone through the note prepared by Mr. Roy. which contains the gist of the status report filed by the State Govt/UTs pursuant to the orders passed by this Court in 10.01.2022. UIDAI has filed an affidavit bringing to the notice of this court that suggestion has been made by the authority that Aadhar card can be issued to sex workers without insisting on proof of identity, subject to them producing certificate issued by a Gazetted Officer of NACO…Mr. Jayant Bhushan and Mr. Anand Grover sought time to obtain instructions about the workability of the proposition."

The Supreme Court was hearing a plea that has raised the problems faced by sex workers due to the COVID-19 pandemic. In December last year, the Court had asked the Centre and others to provide dry ration to them without insisting on their identity proof.

The apex court had directed all the states to provide dry rations to sex workers, who are identified by NACO, without insisting on any proof of identity, and had sought a status report on compliance.

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