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We are not encouraging sex workers, Supreme Court clarifies

July 27, 2012

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New Delhi, July 27: The Supreme Court today modified one of its order on welfare and rehabilitation of sex workers on the Centre's submissions that the last year's order gave an impression that it seeks to legalize prostitution.

Allaying the Centre's fears that it was giving its seal of approval to prostitution, a special bench of justices Altamas Kabir and Gyan Sudha Misra modified its earlier order, saying "the modification shall not be construed that by this order any encouragement is being given to prostitution."

Modifying its earlier order, the bench clarified that it would only examine the "conditions conducive for sex workers to work with dignity in accordance with provisions of Article 21 of the Constitution."

It added it was keen that sex workers should be given opportunity to avail rehabilitation measures of the government and other agencies for them.

While adjudicating a petition for rehabilitation of former sex workers, the apex court had on July 19, 2011 framed three terms of reference.

Appointing a broad-based panel to look into the matter, the apex court by its July 2011 order had formulated three questions related to prevention of trafficking, rehabilitation of sex workers who wish to leave the sex work and "conditions conducive for sex workers who wish to continue working as sex workers with dignity."

On the Centre's submission that the third term gave an impression that prostitution has been sought to be legalised, the apex court modified it to read as "conducive for sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution".

"The above modification shall not be construed that by this order any encouragement is being given to prostitution," the bench added.

Justice Sudha also observed, "While we do not wish to encourage sex trade we would emphasise rehabilitation of sex workers for which we had taken the issue.

"We wish to add although the sex workers have right to live with dignity. There has to be collective endeavours by courts and sex workers to give up flesh trade in case they are given alternative platform on employment."


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News Network
June 16,2020

New Delhi, Jun 16: Delhi Health Minister Satyendar Jain on Tuesday said that he has been hospitalised after suffering from high-grade fever and a sudden drop in his oxygen level.

He tweeted to inform that he was admitted to the Rajiv Gandhi Super Speciality Hospital (RGSSH) here, a dedicated COVID-19 facility under the Delhi government.

"Due to high-grade fever and a sudden drop of my oxygen levels last night I have been admitted to RGSSH. Will keep everyone updated," Jain tweeted.

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Agencies
May 24,2020

Lucknow, May 24: The Yogi Adityanath government in Uttar Pradesh has banned Corona patients from keeping mobile phones inside isolation wards of COVID-19 hospitals in the state.

Patients admitted in dedicated L-2 and L-3 COVID hospitals will no longer will allowed to take mobile phones along with them in the isolation wards in order to check the spread of the infection.

According to an order issued by the state government late on Saturday night, two mobile phones will now be available with the ward in-charge of the COVID care centres so that patients and talk to their family members and administration if required.

Further, the orders specify that the mobile numbers should be communicated to the family members of the patients also.

Director General Medical Education, K.K. Gupta, who issued the order, has informed all concerned officials and directors of dedicated COVID hospitals.

"To facilitate the communication between COVID-19 patients admitted in clinics, with their family members, or anyone else, ensure that two dedicated mobile phones while adhering to infection prevention norms, are kept with ward in-charge of COVID care centre," the order said.

According to the latest data available on the website of the Ministry of Health and Family Welfare, Uttar Pradesh now has 5,735 cases of Corona positive patients and the numbers have been growing steadily since the past ten days.

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News Network
July 24,2020

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

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The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

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