Supreme Court directs UIDAI to issue Aadhar Cards to Sex Workers
The Supreme Court directed the UIDAI to issue Aadhar Cards to Sex Workers.
Background
Pursuant to an order passed by the Court, a Panel was constituted with Mr. Pradip Ghosh as the Chairman of the Panel, Mr. Jayant Bhushan, Senior counsel, Usha Multipurpose Co-operative Society through its President/Secretary, Durbar Mahila Samanwaya Committee through its President/Secretary, and Roshni through Ms. Saima Hasan. The terms of reference made to the panel are: (1) Prevention of trafficking, (2) Rehabilitation of sex workers who wish to leave sex work, and (3) Conditions conducive for sex workers who wish to continue working as sex workers with dignity. By an order, the Court modified the third term of reference to conditions conducive to sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution of India.
After conducting a detailed discussion with all the concerned stakeholders, the Panel submitted a comprehensive report on the terms of reference. When the matter was listed in the year 2016, the Court was informed that the recommendations made by the panel were considered by the Government of India and a draft legislation was published incorporating the recommendations made by the panel. Thereafter, adjournments were periodically taken by the Union of India on the ground that the Bill is on the anvil.
As the legislation has not been made till date even though the recommendations were made by the Panel in the year 2016 and the said recommendations have to be implemented, the court exercising its powers conferred under Article 142 of the Constitution of India, to issue the directions which will hold the field till a legislation is made by the Union of India.
Jayant Sud, ASG submitted that the Government of India has certain reservations in respect of the recommendations that are made by the panel except those in paras 2,4,5,6,7 and 9.
Court Order
The three judges bench of Justice L. Nageswara Rao, Justice B.R. Gavai and Justice A.S. Bopanna directed the State Governments/ UTs to act in strict compliance of the recommendations made in paras 2,4,5,6,7,9, in addition to the implementation of the recommendations made by the panel as mentioned.
The court further directed the competent authorities under the Immoral Traffic (Prevention) Act, 1956 to comply with the provisions of the Act. It need not be again said that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India. The Constitutional protection that is given to all individuals in this country shall be kept in mind by the authorities who have a duty under Immoral Traffic (Prevention) Act,1956. The other recommendations that are made by the panel shall be taken up after summer vacation.
The court added that the Union of India is directed to file its response to the recommendations made by the panel within a period of six weeks.
The court said that there should be no breach of confidentiality in the process, including assignment of any code in the Aadhar enrolment numbers that identity the applicant/holder of the card as a sex worker.
The court ordered that the Aadhar Cards shall be issued to sex workers on the basis of a proforma certificate which is issued by UIDAI and submitted by the Gazetted Officer at NACO or the Project Director of the State Aids Control Society, along with Aadhar enrolment form/application. There shall be no breach of confidentiality in the process, including assignment of any code in the Aadhar enrolment numbers that identify the card holder as a sex worker.
Case title: Budhadev Karmaskar v/s The State of West Bengal & Ors.
Citation: Criminal Appeal No(s).135/2010
