High Court Directs Maharashtra Home Department To Provide Detailed Affidavit On Anti-Human Trafficking Units And NIA Referrals
The Bombay High Court has issued directives to the Home Department of Maharashtra, instructing them to provide a detailed affidavit outlining the functions of Anti-Human Trafficking Units and Women Help Desks in police stations, established to combat human trafficking for sexual exploitation. A Public interest litigation was filed by the rescue foundation, asserting that mandated Trafficking Police Officers under The Immoral Traffic (Prevention) Act, 1956, have not been appointed to investigate cases related to human trafficking for sexual exploitation. The plea also highlighted the non-formation of advisory bodies as required by Section 13(3)(b) of the Act.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor held, “we direct the State of Maharashtra in the Home Department to file a comprehensive affidavit giving afore-mentioned details and also stating therein specifically the work and functions being performed by the Anti-Human Trafficking Units and the Women Help Desks. While filing the affidavit, the State Government shall also indicate as to how many offences reported under Sections 370 and 370A of the IPC in the State of Maharashtra have been referred for investigation to the National Investigating Agency under the NIA Act.”
Senior Advocate Mihir Desai appeared for the Petitioners and Advocate A.R. Patil appeared for the Respondents.
The Central Government stated that NIA investigates offenses under Sections 370 and 370A of the IPC. However, the Court noted that due to the absence of Trafficking Police Officers, cases involving offenses in multiple states remain uninvestigated.
The Court emphasized the importance of advisory bodies under Section 13(3)(b) and stated that these bodies have a significant role in addressing the social and cultural implications of offenses under the Act of 1956.
The Court directed, “We also call upon the Union of India to file a fresh affidavit giving details of the steps taken by it for ensuring appointment of trafficking police officers in terms of Section 13(4) of the Act of 1956.”
The Court granted the State Government and the Union of India four weeks to file their affidavits and allowed the petitioner one week to file a rejoinder. The case will be reviewed again on December 4, 2023.
Cause Title: Rescue Foundation & Ors. v. The State of Maharashtra & Ors.
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