Supreme Court reserves verdict in plea seeking rehab framework for sex trafficking victims

The Supreme Court on Tuesday reserved its judgment on a plea seeking enactment of a comprehensive rehabilitation framework and strengthening of victim protection protocol for sex trafficking victims [Prajwala v. Union of India and Others]..A Bench of Justices JB Pardiwala and R Mahadevan made it clear that it is going to treat the matter very seriously and will ensure that rights of the victims are safeguarded."We are assuring you that we would be taking it very seriously. We have to protect the society. We have to protect the victims. We will try our level best to do that," Justice Pardiwala orally told the Senior Advocate Aparna Bhat appeared for the petitioner, non-profit organisation Prajwala..The Court was hearing an application seeking compliance with 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 sex trafficking victims.During the previous hearings, the Court had made observations on the devastating impact of human and sex trafficking on vulnerable sections of society. The Court also had emphasised the disproportionate effect of trafficking on women and children.The Court had also noted that this stark reality underscores the need for enhanced protection and support mechanisms to safeguard the rights and dignity of these vulnerable groups..When the matter was taken up on Tuesday, Senior Advocate Bhat, appearing for the petitioner, submitted that there is no institutional framework concerning human trafficking.She argued that sex trafficking should be recognised as 'organized crime' in line with the stance of the Union as recorded in the 2015 order. It was further highlighted that in 2016, the Ministry of Home Affairs had established certain Anti-Trafficking Units for ensuring that that such cases of trafficking are handled by these units."The initial thinking was that such cases will go to these units, however at some places they were not given the status of police and they could not registered FIRs. Therefore such offences were not seriously considered at all," Bhat pointed out.She argued that the Central government cannot go back on its stance of establishing OCIA after it had assured the Court of the same in 2015..Additional Solicitor General Aishwarya Bhati, appearing for Central government, submitted that the new law of Bharatiya Nyaya Sanhita, 2023 (BNS) has adequate provisions for dealing with sex trafficking crimes.As regarding the Anti-Trafficking Units, Bhati pointed out that around 827 such units are currently functional across the country and certain NGOs are also part of the same. She also highlighted that around 14,000 women helplines have been established through money disbursed under the Nirbhaya fund.On compensation scheme for trafficked victims, Bhati said that the mandate is for the States to establish such schemes for which over 200 crores have already been given by the Central government. Bhati also highlighted that shelter homes for victims of sex trafficking are run on 60-40 fund sharing between the Central government and the States..The Court after hearing the parties reserved its verdict..[Live Courtroom Exchange]