REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 135 OF 2010

Budhadev Karmaskar .. Appellant(s)

  -versus-

State of West Bengal .. Respondent(s)

O  R  D  E  R

“Madad chaahati hai ye hawwaa ki beti Yashodaa ki hamjins raadhaa ki beti Payambar ki ummat zulaikhaa ki beti Sanaakhwaan-e-taqdees-e-mashriq kahaan  

hain? Zaraa mulk ke rahbaron ko bulao Ye kooche ye galiyaan ye manzar dikhao Sanaakhwaan-e-taqdees-e-mashriq ko lao Sanakhwaan-e-taqdees-e-mashriq kahaan  

hain?”

- Sahir Luhdhianvi :  Chakle

1. This order is in continuation of our earlier orders in this case which  

aim at providing a life of dignity to the sex workers in our country by giving  

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them some  technical  skills  through  which  they  can  earn  their  livelihood  

instead of by selling their bodies.   The legal background of these orders is  

Article 21 of the Constitution, in which the word `life’ has been interpreted  

by this Court to mean a life of dignity, and not just an animal life.

2. Mr. Pradip Ghosh, Chairman of the Panel appointed by us, submitted  

a report stating that a meeting of the Panel on Sex Workers was held at the  

Arbitration  Room of M.C.  Setalvad Lawyers’  Chambers  Block,  Supreme  

Court  on  05.08.2011.   At  a  subsequent  meeting held on 17.08.2011,  the  

members of the Panel along with representatives of the State Governments  

of  Delhi,  Maharashtra,  Karnataka,  Tamil  Nadu,  Andhra  Pradesh,  West  

Bengal, Haryana and the Central Government as well as representatives of  

some NGOs and some senior Police Officers of the State of Tamil Nadu and  

Delhi were present.   In its report the Panel has mentioned the State wise  

figures of sex workers rehabilitated so far.

3. By our orders dated 19.07.2011 and 02.08.2011 we had directed the  

Central Government and State Governments to provide certain funds to the  

Panel so that it could function effectively.  However we are informed that as  

yet no funds have been provided, which is hampering the work of the Panel.  

The Panel has suggested that the Central government be directed to provide  

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Rupees 10,00,000/-, each state Government a sum of Rupees 5,00,000/- and  

each  union  territory  Rupees  2,00,000/-  to  the  Panel.   We  accept  this  

recommendation  and  direct  accordingly,  with  the  modification  that  

States/Union  Territories  which  have  no  sex  workers  as  stated  in  their  

affidavits  need  not  make  this  payment.   This  amount  should  be  paid  

positively by 07.09.2011 to the Secretary General of this Court who will  

deposit it in a nationalized bank nominated by  the Chairman of the Panel,  

Mr. Pradip Ghosh,  Sr. Advocate.

4. Mr.  Pradip Ghosh, Senior  Advocate (whose full  name for Banking  

purpose is Pradip Kumar Ghosh) and Mr. Jayant Bhushan, Senior Advocate,  

who is a member of the Panel, are jointly authorized to open a bank account  

in  the   nationalized  Bank where  the  money is  deposited,  to  be  operated  

jointly by them. The Chairman of the Panel  will  furnish to the Secretary  

General of this Court accounts of the expenditure incurred by the Panel from  

time to time.  It will be open to the Chairman of the Panel to seek further  

orders of this Court in this connection.   

5. It is also prayed in the report of the Panel submitted before us today  

that there is no proper accommodation for the functioning of the Panel.  We  

agree that unless some accommodation is provided the Panel will not be able  

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to  function  properly  and  effectively.   We  are  informed  that  the  Central  

Government  has  in  its  occupation  a  portion  of  the  Indian  Law Institute  

Building.   We  direct  that  the  said  accommodation/office  space  shall  be  

allotted  forthwith  to  the  Panel  constituted  by  us,  and  not  later  than  

01.09.2011.   The said office space shall be properly furnished and equipped  

by the Central Government with computer, furniture etc. so that the Panel  

may  be  able  to  carry  out  the  day  to  day  activities  thereon.   Secretarial  

assistance and services of office attendants and other staff shall also be made  

available forthwith by the Central Government as requested by Shri Pradip  

Ghosh, Chairman of the Panel.   

6. By our order dated 19.7.2011, this  Court was pleased to direct  the  

States/Union Territories and the Union of India to carry out surveys through  

their Agencies and to report to the Panel  the findings of the said surveys.  

The  survey  was  meant  to  ascertain  as  to  how  many  sex  workers  want  

rehabilitation and how many of them would voluntarily continue in the same  

profession.  Each State Government should undertake such survey through  

their Agencies in collaboration with the Central Government on the lines as  

recommended by the Panel.   For this purpose, the help of NGOs, Expert  

Bodies and Demographers may be obtained by the Governments concerned.  

At the first instance, the said surveys may be made with regard to the four  

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Metropolitan  Cities,  namely,  Delhi,  Mumbai,  Chennai  and  Kolkata.  

Subsequently other States and Union Territories should also carry out such  

surveys.

7. The Panel will make recommendations in respect of such surveys and  

the same should  be complied with  by  the  respective  State  Governments.  

The results of the surveys shall be reported to the Panel .

8. We convey our gratitude to the Central Government and various State  

Governments  who  sent  their  representatives  to  the  meeting  held  on  

17.08.2011.  Many of them have made valuable contributions in the said  

meeting  as  mentioned  in  the  report  of  the  Panel.   We  request  them  to  

continue attending the Panel meetings whenever requested by the Chairman,  

and give all help in this connection.  

9. We are happy to note that Mr. Pradip Ghosh, Chairman of the Panel  

has  decided  to  add   South  India  AIDS  Action  Programme  through  its  

director Ms. Indumati which is situated in Chennai,  Shakti Vahini through  

Shri Ravi Kant which is a NGO based in Delhi,  Prerana, an NGO based in  

Mumbai, and Mr. Tariq Khan, a social activist of Lucknow, as members of  

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the Panel.  Some of them have given valuable inputs in the meeting dated  

17.08.2011 as mentioned in the Report of the Panel.   

10. We  were  happy  to  note   from  the  report  of  the  Panel  that  the  

Government of Andhra Pradesh and Prajwala, a NGO operating in Andhra  

Pradesh,  have  substantially  supported  each other,  both  in  their  efforts  in  

rehabilitation of sex workers as also in the representations made before the  

Panel  with  regard  to  the  information  as  regards  rehabilitation.  

Notwithstanding the changes in the State  government  from time to  time,  

Prajwala and other NGOs have received consistent support from the State  

Government in this connection.  This seems to be a unique feature  in the  

State of Andhra Pradesh, and should be emulated by other States.

11. In  its  report  the  Panel  has  mentioned  that  the  NGO  Prerana,  

represented by Ms. Priti Patkar situated in Mumbai has rehabilitated 4973  

sex  workers  between  198  and  2010.   The  rescued  women  were  given  

vocational training and made economically self-sufficient.   

12. Prerana  has  trained  women as  mobile  crèches,  petrol  pump fillers,  

catering and hospitality , beauty care, fashion designing, starting their own  

enterprises as small businesses and also in some other  areas of vocational  

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replacement.   Some  young  women  have  been  placed  in  McDonalds,  

Dominos, PPCL Petrol Pump, Food Courts in Malls etc.   These are some of  

the  areas  of  employment  for  absorbing  these  former  sex  workers.  These  

women who have been rehabilitated by Prerana have not been seen back in  

the flesh trade.  It seems that they have been re-integrated in the mainstream  

and their past identity has been completely obliterated.  Some of them are  

still in touch with Prerana and the reports reveal that they are doing well and  

some are settled with their  children.   Some have started a life with their  

former clients out of the arena of the flesh trade.  Some are happy with the  

small business of their own that they run.  Some have left for their native  

towns/villages.  Women who move out of the city are always given a list of  

contacts whom they can approach in case they require any assistance.  All  

this shows that Prerna has been doing excellent work.

13. In the State of Tamil Nadu in the year 2010-2011 532 sex workers  

were given vocational training, and 424 restored to their respective families.  

Many of them were minors.   

14. Ms.  Archana  Ramasundaram,  Additional  DIG  of  Police  (Crime),  

Tamil Nadu stated  that the major stumbling block in the matter of rescue of  

victims of sex trafficking is that pimps get to know about the trafficked girls  

before the authorities come to know of them, and often even the family of  

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the   girl   is   involved   in     the    racket.    We   are,   therefore,   of  

the   view    that   if     an     incident    of      the      involvement    of    the  

family of the girl  pushing her into the sex racket comes to the notice of  

anyone  concerned  including  NGOs,  authorities,  etc.  we  direct  that  such  

incident be reported to the Executive Chairman/Secretary of the State Legal  

Services Authority. It will be open for the said Authority  to take appropriate  

penal action against such illegality or person who may be found involved.  

Unless this  nexus between the traffickers,  pimps and the brothel  owners,  

together  with  the  family  at  times,  is  broken,  successful  rescue  and  

rehabilitation becomes difficult.  

Ms.  Ramasundaram  also  suggested  that  instead  of  producing  the  

rescued women in person in court, a system of video conferencing could be  

effective so that the girls do not have to actually travel and are, therefore,  

safe and hidden from the pimps.  

We are further of the view that all the State Legal Services Authorities  

should provide a helpline number to the NGOs and to the State machinery as  

well as to the sex workers and victims of sex trade who are in distress and  

who are compelled to continue with the sex trade, so that they can avail the  

benefit  of the helpline number for providing legal assistance, to get them  

rescued or any other assistance which may be offered to them by way of  

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Free Legal Aid.  The  State Legal Services Authorities thereafter may direct  

them  to  the  concerned  and  appropriate  authorities  for  taking  remedial  

measures in that regard and also report the matter to the Panel which has  

been constituted by us.

15. Ms. Indumati  representing South India AIDS Action Program from  

Chennai who participated on behalf of the said NGO stated that many of the  

sex workers want to learn additional skills but they still want to continue  

with their old profession in the red light area because some of their clients  

are very persistent and keep on coming back and are unwilling to let the sex  

workers  leave  the  profession.   For  many  sex  workers,  the  rehabilitation  

process is important but only if they are old and cannot get any income by  

selling their bodies.  Many of them want vocational training only to add to  

their income while continuing with their sex work.  Unless the attitude of the  

public  in  general  towards  the  sex  workers  undergoes  a  change  so  as  to  

remove  the  stigma  attached  to  their  profession,  and  there  is  more  

acceptability of the rehabilitated sex workers in the mainstream, it is difficult  

to persuade the sex workers to get rehabilitated leaving their old profession.   

16. There is always a prevailing fear that by opting for rehabilitation they  

may be worse off by losing their old livelihood and also not being able to  

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survive in the alternative vocation  unless there is ready acceptance of the  

former sex workers  in the  mainstream.

17. As regards the State of West Bengal, it is well know that Calcutta has  

a huge number of sex workers in Sonagachi,  Free School Street etc.  The  

Government of West Bengal stated that there is no convincing data available  

in respect of the number of sex workers rehabilitated so far and it will take  

time to  collect  the  same from the service providers.   However,  they are  

running 17 homes under the Swadhar Schemes and two Homes under the  

Ujwala Scheme and 43 Short Stay Homes.  These Homes give shelter to  

rescued sex workers.

18. In this connection we wish to say that providing short stay homes to  

sex workers is hardly a solution to their problem.  They must be provided a  

marketable technical skill so that they can earn their livelihood through such  

technical skill instead of by selling their bodies.  Merely sending them to  

homes is sending them to starvation.  We were, therefore, disappointed by  

the approach of the State of West Bengal, where the problem is most acute.  

Much more needs to be done by the State Government.

19. At the Panel meeting, the representative of the State Government who  

was  a  director  in  the  Department  of  Social  Welfare  stated  that  15  sex  

workers  have  been permanently  rehabilitated  in  the  sense that  they  have  

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been given direct employment and are now married.  Some sex workers have  

been successfully  employed as  Anganwadi  workers  and helpers.  He also  

estimated  that  about  another  one  thousand  sex  workers  have  been  

rehabilitated in the State in the sense that they have been given new jobs and  

are not likely to return to their old profession, but this is not a verified figure.  

Some of the rescued sex workers who were from Bangladesh and Nepal  

were repatriated to the countries of their origin.  Ms. Bharti Dey representing  

Durbar  Mahila  Samanwaya  Committee  (DMSC)  questioned  the  basis  of  

calculation of the figures given by the Government representative.  She also  

questioned as to where and how the sex workers have been rehabilitated.

20. On behalf of DMSC and USHA Multipurpose Cooperative Society,  

Dr. S. Jana and Ms. Bharti Dey who spoke at the meeting also submitted  

written responses, stating that:

a) DMSC  itself  has  employed  about  500  sex  workers  in  their  

Health intervention Program. On enquiry, it has been learnt by  

DMSC that  55  have  ceased  to  work  in  their  old  profession  

while the rest continue to sell  sex while still  holding jobs as  

health workers.  It was learnt that those 55 who really gave up  

their old profession were at the fag end of their working life in  

sex  work.   They  were  neither  able  to  compete  with  their  

younger  colleagues  nor  able  to  perform  the  jobs  that  was  

required of them.

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b) According to the records maintained by USHA, 8 sex workers  

employed  as  Field  Collectors  for  the  Cooperative  Societies,  

Bank have discontinued sex work.   Another 10 women have  

started working as beautician and do not engage in sex work.

c) According to DMSC, the inference drawn from these findings  

is that while women may leave sex work but they do not leave  

the sex work sector.  Those who stop selling sex find alternative  

work in the red light area itself.  This is because they do not  

experience adverse stigma and discrimination among their peers  

as they would face outside the red light area.

d) It  was  emphasized  that  the  so-called  Homes  run  under  the  

Government  sponsored  projects  virtually  operate  as  prison  

houses so much so that even if a sex worker may not be willing  

to leave the profession they would not like to live in the so-

called Homes.  The reluctance is not so much due to loss of  

earning but more because they do not want to be imprisoned or  

to lose their freedom.

21. Mrs.  Sunanda  Bose,  representing  All  Bengal  Women’s  Union,  

emphasized that stereotypical vocational training would not work any more  

as the women earn more in sex work than they are able to earn by giving up  

their profession.  More innovative jobs have to be offered to them to induce  

them to leave the profession.  She gave the example of one sex worker who  

was rescued by her who is now working as a Petrol  Pump Operator and  

earns about Rs.7,000/- per month.

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22. Mrs. Bose  made valuable suggestions and various inputs with regard  

to rehabilitation of the sex workers.   

23. As  regards  Delhi  there  seems  to  be  no  scheme  of  the  State  

Government for  rehabilitation  of  sex workers.  This  is  indeed  regrettable.  

There are many red light areas such as the one in  G. B. Road etc.  in Delhi.  

The State Government needs to do much more in this connection.   

24. Shakti  Vahini,  represented  by  Shri  Ravi  Kant,  stated  in  the  Panel  

meeting  that not a single victim of commercial sexual exploitation has been  

rehabilitated in Delhi.  The Joint Commissioner of Police (Crime) of Delhi  

Police made significant contributions at the said meeting by making certain  

important suggestions.  He pointed out that the reluctance on the part of the  

sex workers to leave their profession is because they are not sure about their  

future in the alternative livelihood and as to what security they would have  

in their life ahead since it  seems to them that nothing is on a permanent  

basis.  This lack of faith is not in the rehabilitation process but rather in its  

structure.   The  rehabilitation  Scheme  must  be  made  more  effective  and  

sensitive as to the mindset of the victims.  He pointed out various problems  

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in  the  implementation  of  rescue  operation  and the rehabilitation  process,  

some of which were agreed to by the representatives of the NGOs also.

25. As regards the Central Government,  Ms. Sangeeta Verma, Economic  

Adviser, Ministry of Women & Child Development, Government of India  

who represented the Central Government at the Panel meeting, explained the  

significance of the UJWALA Scheme which has five components utilized  

for  rehabilitation  of  sex  workers.   She  also  pointed  out  that  if  the  sex  

workers do not wish to go back home, then another program called STEP is  

available for them which is being implemented by the Central Government  

effectively.  She pointed out that poverty is the main  factor which pushes  

vulnerable  women  to  prostitution.   She  emphasized  that  the  Central  

Government has Schemes in place which may be availed of  by the sex  

workers who are voluntarily willing to opt  for their rehabilitation, although  

these are not specially earmarked for the sex workers.  Even such general  

schemes can be made use of  by them once they are willing to come out of  

the sex trade .  We request the panel to investigate whether these schemes  

exist largely on paper only, or whether they have been actually implemented.

26.  From a perusal  of  the  UJWALA Scheme it  appears  that  the  Central  

Government has scheme only for rescued trafficked women but no scheme  

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for those sex workers who voluntarily want to leave the sex trade. In our  

opinion, proper effective scheme should be prepared for such women also.  

In  this  connection,  we  would  like  to  say  that  the  Central  Government  

scheme has placed a condition that the rescued sex workers must stay in a  

corrective home in order to get technical training.  In our opinion, no such  

condition should be imposed as many sex workers are reluctant to stay in  

these corrective homes which they consider as virtual prison.

27. From a perusal of the report of the Panel dated 23.08.2011 we are not  

satisfied that the Central Government and State Governments are effectively  

carrying out the spirit of our orders in this case.  While a few officers have  

indeed  been motivated,  much more  needs  to  be  done  by  the  authorities.  

Hence  by  the  next  date  of  hearing  the  Central  Government  and  State  

Governments must submit  additional  reports stating in greater  detail  how  

they are complying with our orders.   

28. In our dated 02.08.2011 we  observed:-   

“We are fully conscious of the fact that simply by  our  orders  the  sex  workers  in  our  country  will  not  be  rehabilitated immediately.   It will take a long time, but  we have to work patiently  in this  direction.   What  we  have done in this case is to present the situation of sex  workers  in  the  country  in  the  correct  light,  so  as  to  educate  the  public.   It  is  ultimately  the  people  of  the  

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country,  particularly  the  young  people,  who  by  their  idealism and patriotism can solve the massive problems  of sex workers.  We, therefore,  particularly appeal to the  youth of the country to contact the members of the panel  and to offer their services in a manner which the panel  may require so that the sex workers can be uplifted from  their present degraded condition.  They may contact the  panel at the email address: panelonsexworkers@gmail.com.”

We again reiterate our appeal to the public, and particularly to the youth of  

the  country  to  contact  members  of  the  panel  at  the  e-mail  address  

panelonsexworkers@gmail.com  and give their valuable suggestions and inputs.  

This would surely be of great help to the Panel.   

29. List this case again before us on 15.9.2011.

30. Copy of this order will be sent by the Registry of this Court to the  

Chief  Secretaries  and  Secretaries  of  the  Home/Social  Welfare/Women’s  

Welfare Department of all  State Governments/Union Territories and shall  

also be sent to the Secretaries of the concerned Departments of the Central  

Government e.g. Home Ministry, Urban Development Ministry,   Ministry  

of  Social  Welfare,  Women’s  Welfare  Ministry  etc.  They  will  ensure  

compliance of this order.  Copy of this order as well as our previous orders  

in this regard and of the Panel reports shall also be forwarded to the National  

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Commission  For  Women,  New  Delhi  through  its  Chairperson,  and  the  

Chairperson of the National Commission is requested to depute one or more  

of its members to regularly attend the meetings of the panel, whose dates  

will be informed in advance by the Chairman of the Panel.  Copies of this  

order will also be given to all the counsels in this case free of charge.       

……………………………..J (Markandey Katju)

……………………………J. (Gyan Sudha Misra)

New Delhi; 24th   August, 2011

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