Spell out stand on law for rehab of sex trafficking victims: SC asks govt

The Supreme Court called for a legislative mechanism based on a human rights approach to deal with sex trafficking.

The Supreme Court has asked the Union government to spell out its stand on comprehensive legislation for the rehabilitation, care, and protection of victims of sex trafficking, underlining its dehumanising effect. It called for a legislative mechanism based on a human rights approach to deal with sex trafficking.

The court posted the matter for December 10, expecting a response from the government. (HT PHOTO)

“Human and sex trafficking are crimes that dehumanise the victim and violate the victim’s right to life, freedom, and personal security. Vulnerable sections of society, especially women and children, are disproportionately affected...,” a bench of justices JB Pardiwala and Pankaj Mithal said in an order on Tuesday.

The court said such victims are more in need of rehabilitation and care due to the physical, mental, and emotional trauma they undergo. It added crimes of this nature hamper their educational and employment prospects making them isolated and secluded in society, further impacting their economic and social environment.

The court was hearing NGO Prajwala’s petition highlighting the need for a legal mechanism to cater to the social, economic, and security needs of the victims to ensure they do not get re-trafficked.

Senior advocate Aparna Bhat, who argued for the petitioner, said that the court in December 2015 disposed of this petition on the Union government’s assurance to bring out a comprehensive law and to set up the Organised Crime Investigative Agency (OCIA) as a specialised agency for sex trafficking cases.

The court posted the matter for December 10, expecting a response from the government.

Additional solicitor general Aishwarya Bhati informed the court that the Bharatiya Nyaya Sanhita, which replaced the Indian Penal Code, covers organised crimes. She sought time for instructions.

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, was passed in the Lok Sabha. It could not be passed in the Rajya Sabha as the term of the Parliament ended in 2019. The bill was re-drafted as the Trafficking of Persons (Protection, Care and Rehabilitation) Bill, 2021, incorporating suggestions from the public. It was re-introduced for Cabinet approval but there has been no progress since. As regards OCIA, the government mandated the National Investigation Agency to take care of sex trafficking crimes as well.

The court observed that prima facie no compliance or effect worth the name has been given to its 2015 order, and the issues the petitioner has raised remain to be considered.

The 2015 order directed the government to form a committee to draft comprehensive anti-trafficking legislation.

The court expressed unhappiness. “While the prevention of trafficking of persons, along with the prosecution and punishment of the offenders, who commit such heinous crimes, are important, it is equally important that legislative mechanisms focus on providing care, protection, and rehabilitation to the victims of trafficking.”

It said a larger legal, economic, and social environment has to be created to secure 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 said.

It highlighted the issues that confront victims as highly sensitive and important. The court said that victims of such crimes endure physical and mental forms of violence inflicted upon them. “They stand at a greater risk of sustaining several life-threatening injuries, and contracting infections and illnesses, including sexually transmitted diseases.”

The court said additionally the mental health consequences after being rescued can range from anxiety disorders, post-traumatic stress disorder, depression, and substance abuse as well. “A majority of such victims may require continuous access to doctors and other mental health professionals who can tend to their specific needs,” the court said. It noted that a crime of this nature seriously hampers education and learning.

The court called alienation and ostracism other adverse effects of such crimes. It added that trafficked individuals are never accepted back due to guilt and shame. “This has the unfortunate consequence of them being further isolated, secluded, and withdrawn from society,” the court said.

The court said victims stop going to schools or colleges. It added it becomes all the more difficult to reintroduce them into the formal education system and equip them with advanced education essential for their right to live freely. The court underlined the need to support such victims in getting jobs.

The court laid down these aspects as the frame in which the government may consider its response.

Prajwala filed a plea in 2004 seeking a robust mechanism to combat human trafficking, a victim protection protocol, and a dedicated investigative agency for sex trafficking crimes having inter-state and cross-border linkages.