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 crhches, 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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