The Supreme Court on Monday directed States and Union Territories to continue with the process of identification of sex workers who do not have identity proof and are deprived of dry ration.
The bench of Justices L Nageswara Rao and BR Gavai said the figures that have been given by States in the status reports are not realistic and efforts have to be made by them to consult community based organisations without relying on list of National AIDS Control Organisation (NACO) for implementation of orders.
“Apart from ration cards, the States shall also take steps to issue voter cards to sex workers identified by NACO and community based organising after verification. The State Government, UTs shall continue to give dry ration without insisting on proof of identify,” the bench said while asking the states to submit reports in three weeks.
“Having the dealt with status reports by West Bengal and Maharashtra, it's not necessary to take up status report of each State separately. We direct all States and UTs to continue with the process of identification of sex workers who do not have identify of proof and who are deprived of dry ration,” said the order. The direction came after the apex court was informed that there are 6,227 sex workers in West
Bengal.
The State told the bench that sex workers have been given food coupons which entitle them for 5 kg foodgrains. “Looking at the numbers in other states, we are not sure of the 6,227 numbers as given by West Bengal. We direct the sex workers to be identified again in West Bengal with help of NACO and issue them ration cards without insisting on any other identity card,” the bench said.
The Unique Identification Authority of India (UIDAI) told the top court that a suggestion has been made that Aadhaar card can be issued to sex workers without insisting on proof of identity subject to the condition that producing certificate issued by gazetted officer of NACO. The amicus curiae sought time to obtain instructions about the workability of the proposition.
The apex court asked community based organisations to prepare a list of sex workers in their areas which shall be verified by concerned district legal services authority/ State Aids control society.
The apex court, on September 29, 2020, had directed all the states to provide dry rations to sex workers, who are identified by NACO, without insisting on any proof of identity and had sought status report on compliance.