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A Supreme Court bench of Justices Nageshwar Roa and Gavai indicated that the court is apprehensive about the limited number of sex workers being identified by the State of West Bengal for issuing ration cards.

The court had on 10th January 2022 directed the States/UTs to issue ration/voter cards to sex workers within two weeks from the date of the order. 

The order had further mentioned that the identification of sex workers need not be restricted to the list provided by NACO but the State/UTs should take into account list submitted by community based organisation, which should subsequently be verified.

The competent authorities were directed to issue ration cards on verification. Barring a few states STates/ UT have submitted status reports. The LD.Amicus submitted that the direction issued by court in 10.1.2022 by WB as  the identification of sex workers has not been properly done. The ration, voter, Aadhar have not been issued even to those identified in WB;.

The counsel appearing for West Bengal submitted that guidelines were issued for issuance for digital ration cards and food coupons to sex workers He further submitted that as on 11th February 2022,  6227 Sex workers have been identified of which 3784 have been provided ration cards. 

It was further submitted that such of those who do not have ration cards have been given food coupons according to the scheme of the State. The counsel submitted that the coupon holders are entitled for 5 kgs of food grains till 30th March 2022.

The court on hearing these submission noted that,

 “We have a doubt about the sex workers in West Bengal being restricted in 6227, though it was submitted that it was based on list of NACO. We direct the State government to carry out the process of identification and take assistance of community based organisation.”

The court further granted four weeks time to West Bengal to complete the process.

On the aspect of issuance of Aadhar card to sex workers, Zoyeb Hussain, advocate for UIDAI submitted that it can be issued if the sex workers obtain an attestation from a Gazzetted officer of NACO or the State Health department.

The parties on hearing Hussain’s submissions sought time to take instructions in this regard. The court accordingly adjourned the matter by four weeks.

The court had on 14th December 2021 directed the the Centre, States and Union Territories to immediately commence issuance of ration cards, voter ids and other proofs to sex workers. On 10th January 2022, the court had directed the directed the authorities to provide identification documents and dry rations to women, men and transgenders involved in sex work.

Case title: Buddhadev Karamaskar VS State of West Bengal