The Supreme Court criticized the Centre for its inaction regarding its previous directions on addressing sex trafficking. The Court noted that the government has yet to implement a comprehensive law to tackle the issue effectively. This failure to act has drawn sharp rebuke from the judiciary, which emphasized the urgency of addressing the problem. The Court’s comments highlight the ongoing concerns about the lack of progress in combating sex trafficking in India.
New Delhi: The government has failed to implement a “comprehensive legislation” against sex trafficking, despite a Supreme Court directive issued in December 2015.
On November 12, 2024, a Bench led by Justice P.B. Pardiwala highlighted that the Home Ministry had disregarded the Court’s 2015 directive to establish a dedicated body to investigate sex trafficking.
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The proposed ‘Organised Crime Investigative Agency’ (OCIA) never materialized, despite the Court’s order to have it operational by December 1, 2016, after being instructed to form it before September 30, 2016.
The Supreme Court emphasized the critical importance of preventing and detecting trafficking, as well as rescuing its victims. Meanwhile, efforts to pass a specialized law, The Trafficking of Persons (Prevention, Care and Rehabilitation) Bill, 2018, remain stalled.
Although the bill was passed in the Lok Sabha, it never reached the Rajya Sabha due to Parliament’s dissolution.
Representing the government, Additional Solicitor General Aishwarya Bhati pointed to amendments made to broaden the scope of the National Investigation Agency (NIA), including human trafficking as part of its mandate.
The NIA Act was amended in 2019 to extend the agency’s jurisdiction to include human trafficking, as well as offenses related to prohibited arms, cyber-terrorism, and the Explosive Substances Act, 1908, with an expanded scope beyond India’s borders.
Justice Pardiwala also noted the Supreme Court’s earlier directive for the formation of a committee, chaired by the Secretary of the Ministry of Women and Child Development, to draft a law focused on prevention, victim rescue, and rehabilitation.
The panel was assigned the task of strengthening victim protection protocols and ensuring the provision of adequate shelter homes for survivors.
Justice Pardiwala stated in the court’s order,
“Prima facie, no effect worth the name was given to the order of December 9, 2015,”
The Court also directed the government to address the issue of the “considerable increase in cyber-enabled sex trafficking,” a concern raised by senior advocate Aparna Bhat, representing NGO Prajwala, which had filed the petition.
The Bench granted the government three weeks to submit its response, and the case was scheduled for a hearing four weeks later.
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