The Supreme Court on Friday took exception to the Central Government's disinclination in not sharing the draft of the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2022 [Bill against trafficking] with the petitioners.

A Bench of Justices BR Gavai and CT Ravikumar orally asked the reason for the Centre's reluctance in not sharing the Bill.

"You can't play with the orders of the Bench. Either you make a statement that you will share the Bill with them in two weeks or we will call the cabinet secretary to the court. We are in the era of transparency. What is the harm in sharing the Bill with them?"

The Court was considering a matter on conditions conducive to sex workers to live in dignity as per Article 21 of the Constitution.

During the hearing, Senior Advocate Anand Grover submitted that many sex workers are still being detained in jails, despite the court's previous directions issued on May 25.

"Sex workers cannot be detained as per the directions. They are kept in jail……Nobody even can visit them once detained, without representation….", he argued.

On May 25, the Court had directed the State Governments to do a survey of all ITPA Protective Homes to ensure that cases of adult women, who are detained against their will can be reviewed and processed for timely release, among others. The directions were passed after a panel constituted by the Supreme Court made recommendations to that effect.

There were broadly three aspects that the Panel had identified –

Prevention of trafficking;

Rehabilitation of sex workers who wish to leave sex work; and

Conditions conducive for sex workers who wish to continue working as sex workers with dignity.

Taking Grover's submissions into account, the Court directed the State governments to conduct the survey as per the Court's earlier direction and submit a report to the Bench after 12 weeks.

During the hearing, the Bench asked the status of the bill against rehabilitation of trafficked victims and later pulled up the Centre for its attitude in not sharing the draft bill with the petitioners.

As the matter drew to a close, the Bench told that all suggestions are welcome as the matter is not an adversarial litigation.

"All are welcome, this is not an adversarial litigation."

In May, the Court had asserted that the basic protection of human decency and dignity extends to sex workers, the Supreme Court directed that the police should treat sex workers with dignity and should not abuse them, verbally or physically.  

Case Title: Budhadev Karmaskar v. State of West Bengal And Ors. Criminal Appeal No. 135 of 2010

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