SC Directs UIDAI To Issue Aadhaar Cards To Sex Workers Without Proof Of Residence

Shivani Thakur

Published on: May 25, 2022 at 20:50 IST

The Supreme Court directed Unique Identification Authority of India (UIDAI) to issue Aadhaar Cards to sex workers on the basis of a proforma certification submitted by a Gazetted Officer at National Aids Control Organization (NACO)or the Project Director of the State Aids Control Society.

The Bench comprising Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna said, “There shall be no breach of confidentiality in the process, including assignment of any code in the Aadhar Enrolment numbers that identify the card holder as a sex worker.”

Durbar Mahila Samanwaya Committee made some suggestions in this regard, the same were accepted by UIDAI:
  1. The Gazetted Officer of the State Health Department, who is authorized to submit the proforma certificate for a sex worker who applies for an Aadhar Card but is unable to furnish proof of residence should be specifically designated.
  2. The name and designation of the Gazette Officers who will be authorized to submit the ‘proforma certificate’ for sex workers desirous of applying for an Aadhar Card on behalf of NACO must be publicized on its website.
  3. NACO and the State AIDS Control Societies should publicize the procedure for sex workers who wish to apply for an Aadhar Card but who cannot furnish proof of residence through their websites.
  4. The sample ‘proforma certificate’ submitted by UIDAI in its Additional affidavit dated 09.02.2022 in terms of the order dated 10.01.2022 as “Annexure R-1’ on pages 5 and 6 of the said affidavit may be made readily available on the websites of UIDAI, NACO and State Aids Control Societies.
  5. The procedure proposed by the UIDAI in its Additional affidavit dated 09.02.2011 may not be restricted to sex workers on the NACO list but also extended to those who are identified by CBOs after verification by the State Legal Services Authority or the State AIDS control Society.

The Apex Court had directed all the States to provide dry rations, to issue voter id and ration cards to sex workers and also who are identified by NACO.

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