SC criticises Centre for delay in forming panel to tackle sex trafficking
The bench highlighted that the Centre had not fulfilled its commitments made in December 2015, which were also recorded in the court’s order on that date.
The Supreme Court on Tuesday criticised the Union government over its failure to establish a dedicated Organised Crime Investigative Agency (OCIA) for tackling sex trafficking –– a promise made to the court in 2015.
A bench comprising justices JB Pardiwala and Pankaj Mithal expressed its dissatisfaction with the Centre’s inaction, noting that it had neither created OCIA nor introduced comprehensive anti-trafficking legislation in the past eight years, despite prior assurances.
“You have clearly not complied with any of the two assurances made to this court. We are concerned because it is a serious matter,” the bench told additional solicitor general (ASG) Aishwarya Bhati, who was representing the Centre.
In response, ASG Bhati informed the bench that the government had decided to assign the National Investigation Agency (NIA) the additional task of handling sex trafficking cases instead of establishing OCIA.
The bench, however, questioned the efficacy of this approach, emphasising that an agency like NIA may lack the resources and mandate to offer adequate protection and rehabilitation services to trafficking victims.
“What will NIA do? It can arrest and prosecute, but what can it do to protect or rehabilitate the victims of sex trafficking? We do not see the rationale here,” the bench remarked.
Speaking on the need for a new anti-trafficking law, ASG Bhati mentioned that recent provisions within the Bharatiya Nyaya Sanhita, 2023, cover organised crimes, but assured the court that she would seek updated instructions on the progress of a comprehensive legal framework dedicated specifically to trafficking.
Expressing dissatisfaction, the bench highlighted that the Centre had not fulfilled its commitments made in December 2015, which were also recorded in the court’s order on that date. The court then granted the Centre three weeks to submit a detailed update on the progress of its anti-trafficking measures and made it clear that “effective directions” would follow at the next hearing.
During the hearing, senior counsel Aparna Bhat, representing petitioner, the NGO Prajwala, brought to the court’s attention the increasing prevalence of cyber-enabled sex trafficking, where traffickers use digital platforms and online networks to exploit victims. The bench requested ASG Bhati to consider this aspect as well in her response, noting the evolving methods used in trafficking that compound the challenges faced by law enforcement.
Summing up its concerns, the bench underscored the urgency of implementing an effective framework to combat trafficking. “The issues involved in this litigation are important,” the bench noted, highlighting the need for “protection that needs to be afforded to the victims of sex trafficking.” The court granted the Union government three weeks to file an affidavit outlining the current status of its anti-trafficking measures and legislative progress.
The Supreme Court’s directive in 2015 had arisen from a 2004 PIL filed by NGO Prajwala, which sought robust measures to combat human trafficking, including the establishment of a dedicated investigative agency. The 2015 order outlined a roadmap, directing the ministry of home affairs to set up OCIA by December 2016 and make it operational by that date. The court also recorded that the ministry of women and child development (MWCD) would form a committee, led by its secretary, to draft comprehensive anti-trafficking legislation.
However, the proposed Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill of 2018, although passed in the Lok Sabha, was never introduced in the Rajya Sabha. The bill ultimately lapsed in 2019 following the dissolution of the Lok Sabha. With the government failing to act on its assurances, Prajwala approached the Supreme Court again in 2022, seeking the enforcement of the 2015 directive.
The fresh plea underlined the inadequacy of existing frameworks to address the scale of sex trafficking, calling for a new comprehensive law that includes a “Victim Protection Protocol” to ensure proper rehabilitation for women and children who have suffered commercial and sexual exploitation. “Sex trafficking is a multi-million-dollar business, and traffickers are constantly evolving newer methods of perpetrating the crime,” the plea noted. It urged the court to instruct the government to “forthwith comply” with the previous directives to better protect vulnerable individuals and prevent exploitation.
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