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Budhadev Karmaskar (5) v. State Of West Bengal .
Factual and Procedural Background
This matter began as a criminal appeal in which the appellant’s conviction was upheld. By order dated 14-02-2011 (2011) 11 SCC 538, the Supreme Court converted the case suo motu into a public interest litigation to address the systemic problems faced by sex workers. A further order dated 19-07-2011 (2011) 10 SCC 351 constituted a Panel chaired by Senior Advocate Mr. Pradip Ghosh to study the issue and suggest remedial measures. The present order considers the Panel’s third interim report dated 12-09-2011 and issues directions concerning its recommendations and funding.
Legal Issues Presented
- Whether government authorities should be directed to relax procedural requirements so that sex workers can obtain ration cards, voter identity cards, and open bank accounts without discrimination.
- Whether the Central and State Governments must facilitate unhindered admission of sex workers’ children into government and government-aided schools.
- Whether the Ujwala Scheme should be modified within six months to better address the rehabilitation needs of sex workers.
- Whether adequate funding, office accommodation, staff, and infrastructure must be provided promptly to the Court-appointed Panel to enable it to discharge its mandate.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court reviewed the third interim report and commended the Panel for its “very good and sincere work.” Recognising that the “problems of sex workers cannot be resolved in a very short time,” the Court reiterated its earlier observation that most sex workers are driven into the profession by poverty and are entitled to live with dignity under Article 21 of the Constitution.
The Court found each of the Panel’s six recommendations to be reasonable and beneficial, noting that sex workers “face great difficulty” in accessing essential documents and services. It therefore:
- Recommended that the Central Government, State Governments, the Election Commission, and local authorities “seriously” consider and “expeditiously” implement the Panel’s suggestions regarding ration cards, voter IDs, school admissions, and the Ujwala Scheme.
- Emphasised that any implementation difficulties should be reported to the Court on the next date of hearing.
- Stressed that without proper office space and infrastructure the Panel cannot perform effectively, and “again requested” the Central and Delhi Governments to provide these facilities without delay.
- Recorded the Central Government’s deposit of ₹10 lakh pursuant to the earlier 24-08-2011 order and directed defaulting States/Union Territories (except those without sex workers) to pay within three weeks.
Holding and Implications
ORDER: The Court accepted the Panel’s recommendations, directed all relevant authorities to work towards their prompt implementation, ordered pending State/UT contributions to be paid within three weeks, and transferred existing funds with the Supreme Court’s Secretary-General to the Panel’s designated bank account. The matter is to be listed on 15-11-2011 along with a further report from the Panel.
Implications: The immediate effect is to facilitate access to identity documents, social welfare schemes, education, and rehabilitation opportunities for sex workers, while ensuring the Panel has sufficient resources to continue its work. The order does not establish new legal precedent but reinforces the constitutional right to dignity for a marginalised group.
Order
1. Heard the learned amicus curiae and the learned counsel for the parties.
2. This case was initially a criminal appeal, but later was converted into a public interest litigation suo motu by our order dated 14-2-2011 (2011) 11 SCC 538. 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 19-7-2011 (2011) 10 SCC 351 setting up a Panel with Mr Pradip Ghosh, Senior Advocate, as its Chairman.
3. Today, the case has been listed again before us and the third interim report dated 12-9-2011 of the Panel appointed by our order dated 19-7-2011 (2011) 10 SCC 351 has been filed before us by the Chairman of the Panel, Mr Pradip Ghosh, learned Senior Counsel. From a perusal of the report submitted by the Panel 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 problems of sex workers.
4. We have earlier pointed out in one of our orders that the problems 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.
5. 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.
6. 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 voters' 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 the order dated 24-8-2011 (2011) 10 SCC 283 (vide para 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, the State Governments and the Union Territories to the Secretary General of this Hon'ble Court as directed by the order dated 24-8-2011 (2011) 10 SCC 283, be deposited in the bank account of the Panel in UCO Bank, Supreme Court Compound Branch, in the name of ‘Panel Appointed by Supreme Court in Criminal Appeal No. 135 of 2010’ 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 24-8-2011 (2011) 10 SCC 283.
(f) Such appropriate orders as may be deemed fit and proper be made, for compliance by the Central Government with the earlier order made by the Hon'ble Court on 24-8-2011 (2011) 10 SCC 283 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.”
7. We are of the opinion that the suggestions of the Panel are good suggestions. Sex workers face great difficulty in getting ration cards, voters' 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.
8. 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.
9. 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 Central Government and the State Government of Delhi to do the needful in this connection expeditiously.
10. We are informed that in pursuance of our order dated 24-8-2011 (2011) 10 SCC 283 the Central Government has deposited a sum of Rs 10 lakhs 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).
11. We further direct that the amount deposited with the Secretary General of this Court shall be transferred to the account of the Panel in UCO Bank, Supreme Court Compound Branch in Savings Account No. 02070210000939.
12. 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 authorities concerned.
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