REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(s). 135 OF 2010

BUDHADEV KARMASKAR                            Appellant (s)

                VERSUS

STATE OF WEST BENGAL                          Respondent(s) O  R  D  E  R

Heard learned Amicus Curiae and learned counsel  

for the parties.

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)