The Calcutta High Court recently passed an order directing the State to set up Anti-Human trafficking Units in each district..The Court also directed that every FIR filed under the Immoral Trafficking (Prevention) Act (ITPA) and the Protection of Children from Sexual Offences Act (POCSO Act) involving commercial sexual exploitation of women and children be investigated by this Unit..A Bench of Justices Ravi Krishnan Kapur and Joymalya Bagchi was hearing an appeal by the State for setting aside the anticipatory bail granted to the accused by a lower Court in the case of commercial sexual exploitation of underage girls..The charges pressed against the accused included those under the Indian Penal Code, ITPA as well as the POCSO Act. The charges were of a grave nature, given that the accused was the owner of a hotel where immoral activities were being carried out. The victims’ statements prima facie showed that the accused was exploiting them sexually for her gains..The accused was granted a pre-arrest bail by an Additional Judge of a Special Court on the grounds that the accused was suffering from various ailments..Appealing against the same, the State of West Bengal submitted that the grant of this pre-arrest bail was done mechanically without actually delving into the gravity of an organized racket for sexual exploitation of minor girls and others. It was the State’s case that the gravity of the offence called for setting aside of the impugned order..The accused, however, countered that by arguing that the accused was unaware of the activities taking place in her hotel and none of the victim statements directly implicated her..The High Court, however, expressed a different opinion and said that the impugned order doesn’t mention any other rationale for grant of pre-arrest bail other than the ailments of the accused. The Calcutta High Court also expressed disappointment over the way this matter was handled by the lower Court. The order reads,.“We are pained by the laconic and casual manner in which the learned Judge chose to allow an application for pre-arrest bail and that too in a case where the allegations relate to commercial sexual exploitation of underage girls by an organised crime racket.”.The Court considered all the material gathered during the course of the investigation and also observed the laxity in recording victim statements. It was also noted that the due procedure for recording statements of underage girls was not followed..“The instant case relates to the exploitation of underage girls and other women. The victims are without doubt vulnerable witnesses who require preservation not only of bodily integrity but also support and rehabilitation on a social and economic plane… It is, therefore, most important that witnesses of such fragile and vulnerable status should be given adequate protection and care not only at the time of their recovery but also during the course of investigation, trial and even thereafter so that they can depose without fear of consequences which may befall on them in future.”.Keeping in view all these things, the Court set aside the impugned order of the lower Court and ordered the accused to surrender and pray for regular bail before the trial court..Addressing the larger issue, the Court set out a list of directions to handle cases of this nature..The State is directed to set up an Anti-Human Trafficking Unit in each district, to be manned by specially trained police personnel, preferably women officers not below the rank of Inspector.FIRs filed under ITPA or POCSO Act are to be investigated by a specialised agency like the Anti-human trafficking unit. Such FIRs filed at the Police stations are to be transferred to the specialised agency within 24 hours.Statements of victims in such cases to be strictly recorded under provisions of Section 164 of the Code of Criminal Procedure (CrPC). Medical and psychological assistance are to be extended to the victims as under Section 375B of the CrPC. Additionally, financial aid and compensation are to be given to the victimsThe trial should be concluded promptly. Should there be a perceived threat, protection is to be given to the victim and their families..The Court laid down that these directions are to be undertaken as standard operating procedure while dealing with cases of commercial sexual exploitation of women and children..Read Order:
The Calcutta High Court recently passed an order directing the State to set up Anti-Human trafficking Units in each district..The Court also directed that every FIR filed under the Immoral Trafficking (Prevention) Act (ITPA) and the Protection of Children from Sexual Offences Act (POCSO Act) involving commercial sexual exploitation of women and children be investigated by this Unit..A Bench of Justices Ravi Krishnan Kapur and Joymalya Bagchi was hearing an appeal by the State for setting aside the anticipatory bail granted to the accused by a lower Court in the case of commercial sexual exploitation of underage girls..The charges pressed against the accused included those under the Indian Penal Code, ITPA as well as the POCSO Act. The charges were of a grave nature, given that the accused was the owner of a hotel where immoral activities were being carried out. The victims’ statements prima facie showed that the accused was exploiting them sexually for her gains..The accused was granted a pre-arrest bail by an Additional Judge of a Special Court on the grounds that the accused was suffering from various ailments..Appealing against the same, the State of West Bengal submitted that the grant of this pre-arrest bail was done mechanically without actually delving into the gravity of an organized racket for sexual exploitation of minor girls and others. It was the State’s case that the gravity of the offence called for setting aside of the impugned order..The accused, however, countered that by arguing that the accused was unaware of the activities taking place in her hotel and none of the victim statements directly implicated her..The High Court, however, expressed a different opinion and said that the impugned order doesn’t mention any other rationale for grant of pre-arrest bail other than the ailments of the accused. The Calcutta High Court also expressed disappointment over the way this matter was handled by the lower Court. The order reads,.“We are pained by the laconic and casual manner in which the learned Judge chose to allow an application for pre-arrest bail and that too in a case where the allegations relate to commercial sexual exploitation of underage girls by an organised crime racket.”.The Court considered all the material gathered during the course of the investigation and also observed the laxity in recording victim statements. It was also noted that the due procedure for recording statements of underage girls was not followed..“The instant case relates to the exploitation of underage girls and other women. The victims are without doubt vulnerable witnesses who require preservation not only of bodily integrity but also support and rehabilitation on a social and economic plane… It is, therefore, most important that witnesses of such fragile and vulnerable status should be given adequate protection and care not only at the time of their recovery but also during the course of investigation, trial and even thereafter so that they can depose without fear of consequences which may befall on them in future.”.Keeping in view all these things, the Court set aside the impugned order of the lower Court and ordered the accused to surrender and pray for regular bail before the trial court..Addressing the larger issue, the Court set out a list of directions to handle cases of this nature..The State is directed to set up an Anti-Human Trafficking Unit in each district, to be manned by specially trained police personnel, preferably women officers not below the rank of Inspector.FIRs filed under ITPA or POCSO Act are to be investigated by a specialised agency like the Anti-human trafficking unit. Such FIRs filed at the Police stations are to be transferred to the specialised agency within 24 hours.Statements of victims in such cases to be strictly recorded under provisions of Section 164 of the Code of Criminal Procedure (CrPC). Medical and psychological assistance are to be extended to the victims as under Section 375B of the CrPC. Additionally, financial aid and compensation are to be given to the victimsThe trial should be concluded promptly. Should there be a perceived threat, protection is to be given to the victim and their families..The Court laid down that these directions are to be undertaken as standard operating procedure while dealing with cases of commercial sexual exploitation of women and children..Read Order:
