We Have To Protect Victims Of Trafficking, Will Try Our Best: Supreme Court Reserves Judgment On Petition To Strengthen Anti-Trafficking Laws

The Supreme Court today, while reserving Judgment on a petition seeking to strengthen the legal framework for human trafficking, asserted that its victims need to be protected and that the Court would try its best to do so.

The Court was hearing a Miscellaneous Application filed in a Public Interest Litigation petition that was originally filed in 2004 by the anti-trafficking non-governmental organisation Prajwala.

"We have to protect the society. We have to protect the victims. We will try our level best to do that." Justice J.B.Pardiwala said, as the two-Judge Bench which also comprising Justice R. Mahadevan reserved its Judgment.

Advocate Aparna Bhat, appearing for the Petitioner organisation told the Bench that human trafficking should be treated and investigated as an organised crime. She added that human trafficking, and particularly sex trafficking, often involves transporting victims from one state to another, and even across borders, "an investigating agency with interstate access" needs to investigate all such cases, as opposed to local police forces. The National Investigative Agency's services could be used for this purpose, or "something along the lines of the NCB," she said, referring to the central drug-trafficking law enforcement agency Narcotics Control Bureau.

Aparna Bhat said it is common for girls to be trafficked at a young age and the only people who support them for a long time are the traffickers. "They see every State partner as an adversary and resist any intervention." She said that the Union Government had erroneously merged the scheme meant for victims of trafficking with the one meant for women in distress situations.

Batting against sheltering victims of trafficking and other women who need shelter together, she said, "This would affect the harmony of the shelter home, because women rescued from trafficking, at least for some time, are not willing to accept anything, for various reasons such as serious substance abuse, mental health issues. But the most important thing is, they need to be protected from traffickers who constantly blackmail them."

The Bench today questioned the progress on the enact a dedicated legislation for controlling human trafficking. In November 2015, during the course of hearing the original Writ Petition, the Ministry of Women & Child Development had informed the Court that it had decided to set up a committee to prepare a "comprehensive legislation dealing with the subject of trafficking."

In July 2018, the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill was passed by the Lok Sabha in July 2018, but lapsed due to the end of the 16th Lok Sabha's term. A revised Bill was drafted in 2021 but was never introduced in the Parliament.

Additional Solicitor General Aishwarya Bhati submitted that anti-human-trafficking units are operating in every district with the total number of units numbering 827. "These units play a comprehensive role in enforcement, victim identification and support and work closely with the NGOs and State agencies."

Responding to Bhat's arguments that a central agency needs to handle all cases relating to human trafficking, Bhati said, "We have to strengthen the local police teams at every district level and at the same time have a mechanism to deal with cases involving multiple states. NIA's mandate is (to handle cases) when it is across states and across borders."

ASG Bhati said that 14,000 women help-desks have been established by providing monetary assistance under the Nirbhaya Fund. "These desks aim to make police stations more accessible and responsive to women's needs."

Bhati mentioned the setting up of the data grid Cri-MAC (Crime Multi Agency Centre) to aid interstate data sharing and victim compensation for which the Union Government has provided assistance to states. The creation of 460 Shakti Sadans, institutions which provide shelter, healthcare and skill development was also cited as one of the efforts.

"In our respectful submission, the endeavour and effort is there," Bhati told the Bench.

Cause Title Prajwala v. Union of India [MA 530/2022 in W.P.(C) 56/2004 PIL-W]