Do Not Insist On Ration Cards For Distributing Dry Ration To Sex Workers: Supreme Court

While reiterating that it is difficult for sex workers to produce proof of identity, the Supreme Court of India on Monday directed all States and Union Territories to distribute dry ration to sex workers without insisting on ration cards.

The top Court had on 28th October 2020 directed States and Union Territories to ensure distribution of a minimum quantity of dry ration to sex workers who have been identified by NACO.

A Bench comprising Justice Nageswara Rao and Justice BR Gavai observed that 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 Bench observed that while the Right to food has been recognized as a human right under Article 21 of the Constitution of India.

According to the Bench, the constitutional obligation on the State Governments and Union Territories to provide basic amenities to the citizens takes into its fold that the sex workers are entitled for being provided dry ration.

The directions were issued after the Amicus Curiae Senior Advocate Jayant Bhushan, assisted by Mr. Pijush K. Roy submitted that the response on behalf of certain State Governments shows that ration cards are insisted upon for distribution of dry ration as directed by this Court on 28.10.2020.

The Bench was also informed by Senior Counsel Anand Grover, appearing for the applicant submits that except in the States of West Bengal and Maharashtra, the directions issued by this Court for distribution of dry ration to sex workers have not been fully complied with.

The Bench has directed the State Governments and Union Territories to file a status report in the matter before 10th December 2021. The matter will be heard next on 14th December 2021

Background

The bench headed by Justice L. Nageswara Rao was hearing the 2010 Budhadev Karmaskar case where, dismissing the appeal of the appellant who was convicted for murdering a sex worker in a red light area in Kolkata by battering her head repeatedly against the wall and the floor of a room, the Court had suo motu converted the case into a PIL by the same order in order to address the problems of sex workers in the country.

In 2011, the Court had constituted a panel headed by Mr. Pradip Ghosh, Senior Advocate as the Chairman and including Mr. Jayant Bhushan, Senior Advocate, to assist and advise the Court for giving suitable directions in this matter.

The panel was to study the following aspects to make suggestions to the Court- (1) Prevention of trafficking, (2) Rehabilitation of sex workers who wish to leave sex work, and (3) Conditions conducive for sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution.

Case Title: BUDHADEV KARMASKAR v. THE STATE OF WEST BENGAL

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