The Supreme Court on Tuesday emphasised the need for a comprehensive rehabilitation framework for victims of sex trafficking, highlighting the legislative vacuum surrounding this critical issue [Prajwala v. Union of India and Others]..A Bench of Justices JB Pardiwala and Pankaj Mithal made a poignant observation on the devastating impact of human and sex trafficking on vulnerable sections of society. Calling the issue a 'highly sensitive one', the Court also emphasised the disproportionate effect of trafficking on women and children."We may only say that the issues involved in this litigation are highly sensitive and important. They relate to the protection that needs to be afforded to the victims of sex trafficking. Human and sex trafficking are crimes that dehumanises the victim and violates the victim’s right to life, freedom and personal security. Vulnerable sections of society, especially women and children are disproportionately affected in such crimes," the Court observed.The Court noted that this stark reality underscores the need for enhanced protection and support mechanisms to safeguard the rights and dignity of these vulnerable groups..The Court was hearing an application seeking compliance of a 2015 decision which had noted the Centre's stance on the formation of the Organised Crime Investigating Agency (OCIA) and strengthening of the Victim Protection Protocol for victims of sex trafficking. In that order, the Court had also urged the Union to consider enacting a comprehensive framework for the rehabilitation of such victims.On the aspect of formation of OCIA, the Union had informed the Court through its earlier affidavit that instead of such formation, amendments have been made to the National Investigation Agency (NIA) Act, 2008 to deal with the issue.However, the Court cited concerns that amendments to the NIA Act may not adequately address victim protection, as at best it can prosecute the sex trafficking offenders but cannot protect the victims."While the prevention of trafficking of persons, along with the prosecution and punishment of the offenders who commit such heinous crimes are important, yet it is equally important that legislative mechanisms focus on providing care, protection and rehabilitation to the victims of trafficking. This must be done by creating a larger legal, economic and social environment that secures the well-being of the victims. It is the need of the hour to adopt a human rights and rehabilitative approach to such crimes," the Court highlighted..The Bench was also informed that a legislation concerning the said issue was tabled, but could not see light of the day in Parliament.Taking note of the non-compliance on the part of the Union, the Court granted time to Additional Solicitor General Aishwarya Bhati to seek further instructions in the matter and file a fresh affidavit highlighting the steps the Union intends to take.It has asked the Centre to immediately address the legislative vacuum as well as the phenomenal increase in cyber-enabled sex trafficking.The matter will be next heard on December 10..Senior Advocate Aparna Bhat appeared for the petitioner non-profit organisation, Prajwala. She was assisted by Advocates Rajkumari Banju and Karishma Maria..[Read Order]
The Supreme Court on Tuesday emphasised the need for a comprehensive rehabilitation framework for victims of sex trafficking, highlighting the legislative vacuum surrounding this critical issue [Prajwala v. Union of India and Others]..A Bench of Justices JB Pardiwala and Pankaj Mithal made a poignant observation on the devastating impact of human and sex trafficking on vulnerable sections of society. Calling the issue a 'highly sensitive one', the Court also emphasised the disproportionate effect of trafficking on women and children."We may only say that the issues involved in this litigation are highly sensitive and important. They relate to the protection that needs to be afforded to the victims of sex trafficking. Human and sex trafficking are crimes that dehumanises the victim and violates the victim’s right to life, freedom and personal security. Vulnerable sections of society, especially women and children are disproportionately affected in such crimes," the Court observed.The Court noted that this stark reality underscores the need for enhanced protection and support mechanisms to safeguard the rights and dignity of these vulnerable groups..The Court was hearing an application seeking compliance of a 2015 decision which had noted the Centre's stance on the formation of the Organised Crime Investigating Agency (OCIA) and strengthening of the Victim Protection Protocol for victims of sex trafficking. In that order, the Court had also urged the Union to consider enacting a comprehensive framework for the rehabilitation of such victims.On the aspect of formation of OCIA, the Union had informed the Court through its earlier affidavit that instead of such formation, amendments have been made to the National Investigation Agency (NIA) Act, 2008 to deal with the issue.However, the Court cited concerns that amendments to the NIA Act may not adequately address victim protection, as at best it can prosecute the sex trafficking offenders but cannot protect the victims."While the prevention of trafficking of persons, along with the prosecution and punishment of the offenders who commit such heinous crimes are important, yet it is equally important that legislative mechanisms focus on providing care, protection and rehabilitation to the victims of trafficking. This must be done by creating a larger legal, economic and social environment that secures the well-being of the victims. It is the need of the hour to adopt a human rights and rehabilitative approach to such crimes," the Court highlighted..The Bench was also informed that a legislation concerning the said issue was tabled, but could not see light of the day in Parliament.Taking note of the non-compliance on the part of the Union, the Court granted time to Additional Solicitor General Aishwarya Bhati to seek further instructions in the matter and file a fresh affidavit highlighting the steps the Union intends to take.It has asked the Centre to immediately address the legislative vacuum as well as the phenomenal increase in cyber-enabled sex trafficking.The matter will be next heard on December 10..Senior Advocate Aparna Bhat appeared for the petitioner non-profit organisation, Prajwala. She was assisted by Advocates Rajkumari Banju and Karishma Maria..[Read Order]
