Budhadev Karmaskar vs State Of West Bengal

This case was initially a criminal appeal, but

later was converted into a Public Interest Litigation

suo motu by our order dated 14th February, 2011. By that

order we dismissed the criminal appeal of the appellant

and upheld his conviction. However, we were of the opinion

that the problems of sex workers required urgent attention

by this Court. Hence, we proceeded thereafter to continue

with the case as a Public Interest Litigation and passed

several orders thereon, including an order dated

19.07.2011 setting up a Panel with Mr. Pradip Ghosh,

Senior Advocate, as its Chairman.

Today, the case has been listed again before us

and a Third Interim Report dated 12.09.2011 of the Panel

appointed by our order dated 19.07.2011 has been filed

before us by the Chairman of the Panel Mr. Pradip Ghosh,

learned senior counsel.

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From a perusal of the report submitted by the

Panel report it appears that the Panel has been doing very

good and sincere work in connection with the task which we

have entrusted to it. The Panel has taken great pains and

has held regular meetings to discuss the problem of sex

workers.

We have earlier pointed out in one of our orders

that the problem of sex workers cannot be resolved in a

very short time and will require long, patient effort.

Our initial aim was to create awareness in the public

that sex workers are not bad girls, but they are in this

profession due to poverty. No girl would ordinarily

enjoy this kind of work, but she is compelled to do it

for sheer survival. Most sex workers come from poor

families, they are subjected to ill treatment by the

owners of the brothels, they are often beaten, not given

proper food or medical treatment, and made to do this

degrading work. Probably much of the money paid by their

customers is taken away by others.

We are happy to note that the Panel has set

about its task in right earnest, and is considering ways

and means to implement our ideas so that the sex workers

can get some technical training through which they can

earn their livelihood and thus lead a life of dignity

which is guaranteed by Article 21 of the Constitution of

India.

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In the Third Interim Report the Panel has prayed

for the following :-

(a) An appropriate order directing the State Governments and the Local Authorities to issue Ration Cards to the sex workers treating them as persons in special category and relaxing the rigours of the Rules/requirements regarding the verification of their address and without mentioning their profession in the Card;

(b) An appropriate order be made directing the Central Government and the Election Commission to issue Voter's Identity Cards to the sex workers in relaxation of the rules/requirements in that behalf and without insisting on strict proof of their address/profession and without specifying their profession on the face of the Card;

(c.) An order be made directing the Central Government and the State Governments to ensure that the admission of the children of sex workers in appropriate classes in the Government schools and Government sponsored schools and the schools run by the Municipal and District level authorities is not hampered in any way, because of their impaired social status.

(d) An appropriate order be made directing the Central Government to suitably alter and widen the UJWALA Scheme within a period of six months as directed by order dated 24.08.2011 (vide paragraph 26 of the said order) made in this matter.

(e) An order or direction be made to the effect that the amount paid or to be paid by the Central Government, State Governments and the Union Territories to the Secretary General of this Hon'ble Court as directed by order dated 24.08.2011, be deposited in the Bank Account of the Panel in the UCO Bank Supreme Court Compound Branch, in the name of "Panel Appointed by Supreme Court in Criminal Appeal No. 135/2011" to be operated jointly by the Chairman of the Panel Mr. Pradip Ghosh and Mr. Jayant Bhusan, a member of the Panel, in terms of the order dated 24.08.2011.

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(f) Such appropriate orders as may be deemed fit and proper be made, for compliance by the Central

Government of the earlier order made by the Hon'ble Court on 24.08.2011 with regard to office accommodation, secretarial staff assistance and furnishing the office with necessary infrastructure and to furnish report of compliance in this Hon'ble Court within a period to be fixed by the Hon'ble Court."

We are of the opinion that the suggestions of

the Panel are good suggestions. Sex workers face great

difficulty in getting ration cards, voter's identity

cards or in opening bank accounts, etc. We are of the

opinion that the authorities should see to it that sex

workers do not face these difficulties as they are also

citizens of India and have the same fundamental rights as

others.

We, therefore, recommend that the suggestions

made by the Panel in its Third Interim Report (which has

been quoted above) shall be seriously taken into

consideration by the Central Government, the State

Governments and other authorities and hence all efforts

shall be made to implement these suggestions

expeditiously. If there is any difficulty in implementing

them, then on the next date we should be told about such

difficulty.

Needless to say, without a proper office and

infrastructure the Panel will not be able to discharge

its duties properly. We, therefore, again request the

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Central Government and the State Government of Delhi to

do the needful in this connection expeditiously.

We are informed that in pursuance of our order

dated 24.08.2011 the Central Government has deposited a

sum of Rs. 10 Lakh with the Secretary General

of this Court. Some of the States/Union Territories have

made payment as directed by us. However, some of the

States/Union Territories are yet to make payment. We

direct that those States or Union Territories which have

not yet made payment shall make payment within three

weeks from today (except those which have no sex

workers).

We further direct that the amount deposited

with the Secretary General of this Court shall be

transferred to the account of the Panel in the UCO Bank,

Supreme Court Compound Branch in Savings A/C No.

02070210000939.

List this case on 15.11.2011 by which time

another report shall be submitted by the Panel. We hope

and trust that the recommendations made by the Panel will

be implemented by then by the concerned authorities.

...........................J. (MARKANDEY KATJU)

NEW DELHI; ..........................J. SEPTEMBER 15, 2011 (GYAN SUDHA MISRA)