Criminal Appeal No. 135 of 2010. Case: Budhadev Karmaskar Vs State of West Bengal. Supreme Court (India)
| Case Number | Criminal Appeal No. 135 of 2010 |
| Counsel | For Appearing Parties: Solicitor General of India, Pradip Ghosh, Jayant Bhushan, T.S. Doabia, Ashok Bhan, Sr. Advs., A. Mariarputham, AG, Manish Singhvi, Shail Kr. Dwivedi, Manjit Singh, Advs., S.V. Madhukar, AAG, Pijush K. Roy, Rebbeca George, Gautam Talukdar, Lajja Ram, Gaurav Sharma, Sushma Suri, Anjani Aiyagari, Anil Katiyar, Sadhana Sandhu... |
| Judges | Markandey Katju and Gyan Sudha Misra, JJ. |
| Issue | Constitution of India - Article 21 |
| Citation | JT 2011 (9) SC 361, 2011 (9) SCALE 327, 2012 CriLJ 316 |
| Judgement Date | August 24, 2011 |
| Court | Supreme Court (India) |
Order:
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
-
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 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.
-
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.
-
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 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.
-
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.
-
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 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.
-
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...
To continue reading
Request your trial