Jharkhand High Court
Gopinath Ghosh vs Home Department on 18 July, 2013
Author: Prakash Tatia
Bench: Chief Justice, Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 1555 of 2013
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Gopinath Ghosh --- --- --- --- Petitioner
Versus
The State of Jharkhand & others -- -- -- Respondents
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Coram: Hon'ble the Chief Justice
Hon'ble Mr. Justice Aparesh Kumar Singh
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For the Petitioner: Mr. A.K. Agrawal, Advocate
For the State: JC to AAG
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Order No. 04 Dated 18th July 2013
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We have perused the supplementary affidavit dated 6th July 2013 filed by the petitioner.
2. Jharkhand is prone to the human trafficking and it is a known fact. This public interest litigation has been filed so that the issue may be addressed by the State Government effectively. The petitioner has been provided with the details of some placement agencies by Divya Seva Sansthan, a civil society organization working for anti human trafficking, according to which, these placement agencies may be involved in human trafficking. The list contains the details of about 259 placement agencies, but cases have been registered only against 34 placement agencies because of their involvement in human trafficking. It is submitted that the said Divya Seva Sansthan, Jharkhand through its letter no. D.S.S. 208/2012 dated 27th December 2012 requested the Chairperson, Child Welfare Committee, Nirmal Chhaya, New Delhi to provide care and protection to the rescued children. Thereafter, the said Child Welfare Committee passed an order on 27th December 2012 and directed the Dy. Superintendent of Police, Ranchi to arrange for the travel of the children to their State of origin along with a lady constable within two days. In addition to the above, it has been stated in the supplementary affidavit that on 27th November 2012, a news report was published in the newspaper Dainik Bhaskar that CID had found 25 children in Delhi while the team of CID was investigating the matter in Delhi on the report as provided by Jharkhand Domestic Workers Welfare Division, Asha Kiran Shelter Home and Chhotanagpur Sanskritik Sangh. All these children were belonging to the State of Jharkhand. On 25th December 2012, another report was published in Jharkhand edition of Hindustan newspaper in which it has been reported that within five years, 16460 matters have come in the picture relating to the human trafficking and a chart was also given therein. Thereafter, reports were published in Dainik Bhaskar on 03rd March 2013 and Dainik Jagran on 11th and 12th March 2013 regarding the human trafficking and a detailed chart was also given therein about the number of persons who were subjected to human trafficking.
3. The problem may be much more grave than what has been reported because of the reason that in human trafficking, most of the matters have not yet been properly taken care either by the parents because of their illiteracy or lack of their means.
4. The matter requires serious consideration immediately. Therefore, the State C.I.D. Is directed to give a complete report about the reported cases of human trafficking; the number of cases in which children were found and cases have been registered; details of the cases in which charge sheet have been filed in the court; number of cases in which accused have not been arrested; total number of persons rescued (gender wise) be also provided. The State C.I.D. may also indicate whether they have got any information in respect of working of any agency who is projecting itself to be a placement agency, but in fact, is involved in human trafficking. Such details may be provided without any delay.
5. State is further directed to submit what steps have been taken after the comprehensive scheme (UJJAWALA) which have been floated in the month of December 2007.
8. State is further directed to inform this Court what steps have been taken by the State after the decision of the Hon'ble Supreme Court on 10th May 2013 in the case of Bachpan Bachao Andolan vs. Union of India (UOI) and Ors. If no steps have been taken in the matter of implementation of the direction of the Hon'ble Supreme Court, as given in the case of Bachpan Bachao Andolan, then immediate steps be taken to assure and address the problem of human trafficking and to meet with the problem of rescued children. A detailed comprehensive affidavit may be filed within a period of three weeks.
Let a copy of the order be given to the counsel for the petitioner as well as counsel for the State.
(Prakash Tatia, C.J.) (Aparesh Kumar Singh, J) Ranjeet/Jk