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.
:1:
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.
:2:
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.
:3:
(f) Such appropriate orders as may be deemed fit
and proper be made, for compliance by the CentralGovernment 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
:4:
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)