Supreme Court - Daily Orders
Prajwala vs Union Of India on 5 May, 2025
M.A.No.530/2022
ITEM NO.66 COURT NO.13 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 530/2022 in W.P.(C) No. 56/2004
[Arising out of impugned final judgment and order dated 09-12-2015
in W.P.(C) No. No. 56/2004 passed by the Supreme Court of India]
PRAJWALA Petitioner(s)
VERSUS
UNION OF INDIA . Respondent(s)
IA No. 38087/2022 - CLARIFICATION/DIRECTION
IA No. 38089/2022 - EXEMPTION FROM FILING AFFIDAVIT
Date : 05-05-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE R. MAHADEVAN
For Petitioner(s) :Ms. Aparna Bhat, Sr. Adv.
Ms. Rajkumari Banju, AOR
Ms. Karishma Maria, Adv.
Ms. Madhulika Mohta, Adv.
For Respondent(s) : Ms. Aishwarya Bhati, ASG
Mr. R. Bala, Sr. Adv.
Mr. S.A. Haseeb, Sr. Adv.
Ms. Ruchi Kohli, Sr. Adv.
Mr. Akshay Amritanshu, Adv.
Ms. Shagun Thakur, Adv.
Mr. Raman Yadav, Adv.
Dr. N. Visakamurthy, AOR
Ms. Shivika Mehra, Adv.
Ms. Kamini Jaiswal, AOR
Mr. P. V. Yogeswaran, AOR
Signature Not Verified
Digitally signed by
1
CHANDRESH
Date: 2025.05.05
17:37:19 IST
Reason:
M.A.No.530/2022
Ms. Hemantika Wahi, AOR
Ms. Sumita Hazarika, AOR
Mrs. Anil Katiyar, AOR
Mr. Jatinder Kumar Bhatia, AOR
Mr. Arun K. Sinha, AOR
Mr. Rajesh Srivastava, AOR
Mr. Gaurav Verma, Adv.
Ms. A. Subhashini, AOR
M/S. Corporate Law Group, AOR
Mr. Anand Grover, Sr. Adv.
Ms. Tripti Tandon, Adv.
Mr. Purushottam Sharma Tripathi, AOR
Ms. Vani Vyas, Adv.
Mr. Prakhar Singh, Adv.
Mr. Sanjay Jain, AOR
Ms. K. Enatoli Sema, AOR
Mr. Amit Kumar Singh, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Prang Newmai, Adv.
Ms. Ruby Singh Ahuja, AOR
Mr. V. N. Raghupathy, AOR
Mr. Raghavendra M. Kulkarni, Adv.
Mr. Venkata Raghu Mannepalli, Adv.
Mr. Gopal Prasad, AOR
Mrs. B. Sunita Rao, AOR
Mr. Anil Shrivastav, AOR
Mr. Jogy Scaria, AOR
Mr. Mukesh K. Giri, AOR
Mr. Mandaar Mukesh Giri, Adv.
Ms. G. Indira, AOR
Mrs. D. Bharathi Reddy, AOR
Mr. Ranjan Mukherjee, AOR
Mr. R. Ayyam Perumal, AOR
M/S. Arputham Aruna And Co, AOR
2
M.A.No.530/2022
Mr. T. V. Ratnam, AOR
Mr. Naresh K. Sharma, AOR
Mr. T. V. George, AOR
Mr. Sabarish Subramanian, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. We concluded the hearing of this matter on 17.12.2024 and reserved the judgment. However, we had to get this matter re- notified as we are of the view that some additional information as regards various schemes of the Central Government and more particularly the modes and manner of its functioning, would enable us to address the issues raised in this petition comprehensively and facilitate in the delivery of the final judgment. We have framed a few questions on legal issues also in our order. We request the learned ASG as well as the concerned Ministries to provide us with the necessary information as contained in the order by 23.05.2025.
2. The questions framed by us are as under:-
1. The legislative scheme which presently addresses the issue of Commercial Sexual Exploitation (for short, the “CSE”) and Cyber-Enabled Human Trafficking (for short, “CEHT”) is spread across several enactments which primarily include the Bharatiya Nyaya Sanhita, 2023 (for short, the “BNS”), the Immoral Traffic (Prevention) Act, 1956 (for short, the “ITPA”) and, the National Investigation Agency Act, 2008 (for short, the “NIAA”).3 M.A.No.530/2022
On a perusal of the relevant provisions of the BNS, it is evident that apart from Section 111 BNS pertaining to “Organised Crime”, the other provisions under the BNS bear a stark similarity to their corresponding provisions under the erstwhile Indian Penal Code, 1860 (for short, the “IPC”) and those provisions have been reproduced under the new regime without any significant change. The only other noteworthy legislative development is the change that has been brought forth pursuant to the 2019 Amendment to the NIAA. Through this amendment Sections 370 and 370A of the IPC (now Sections 143 and 144 BNS) have been included under the Schedule to the NIAA, thereby bringing those offences under the purview of the National Investigation Agency.
The present Miscellaneous Application was filed in the year 2022. As per the Affidavit dated 01.12.2022 filed by the Union of India, the draft Trafficking of Persons (Protection, Care and Rehabilitation) Bill was still under active consideration with the Ministry so that Cabinet approval may be sought for the introduction of the Bill before Parliament. However, the Affidavit dated 16.12.2024 and the response presently filed by the Union of India seems to indicate that the “[…]NIA, in conjunction with the new criminal laws and the Immoral Traffic (Prevention) Act, 1956 (ITPA), meet the needs originally envisioned for the OCIA and the proposed trafficking legislation, and, in fact, constitute a more robust framework for handling trafficking offences.” Keeping in mind the limited legislative change brought forth in the interim period, i.e., the inclusion of “Organised Crime” 4 M.A.No.530/2022 as a separate offence under the Section 111 BNS and, the addition of Sections 370 and 370A IPC under the Schedule to the NIAA, the question that presently falls for our consideration is whether a “more robust legal framework” been created for the handling of offences related to CSE and CEHT, especially keeping in mind the fact that Sections 96, 98 and 99 BNS (old sections 366A, 372 and 373 IPC) which also pertain to the offences related to human and child trafficking have not be included in the Schedule to the NIAA and are outside the investigative purview of the National Investigation Agency. In other words, how and to what extent does the regime under the BNS along with the ITPA and other relevant Acts differ from the erstwhile regime under the IPC along with the ITPA and other relevant Acts so as to justify the change in stance as indicated in the Affidavits dated 01.12.2022 and 16.12.2024 respectively filed by the Union of India? What are those specific legislative changes which, in the opinion of the Union of India, have entirely obviated the need for a separate legislative framework akin to the Trafficking of Persons (Protection, Care and Rehabilitation) Bill, especially considering that the proposed legislation was the outcome of extensive stakeholder meetings and consultations which unanimously emphasized on the need for a targeted and distinct legislation?
2. An issue standing at the core of the present Miscellaneous Application filed by the petitioner, is the creation of a “Victim Protection Protocol” for victims/survivors of CSE and CEHT, more particularly at the prevention, pre-rescue, rescue, post-rescue and rehabilitation stages. It seems to be the contention of the 5 M.A.No.530/2022 Union of India that a comprehensive scheme called “Mission Shakti” which already exists would take care of the post-rescue and rehabilitation stages of the “Victim Protection Protocol”. The “Mission Shakti” Scheme has two major components/sub-schemes i.e., “Sambal” and “Samarthya” and several other schemes are subsumed under these two sub-schemes. Of these, those relevant for our enquiry are the One Stop Centres (for short, the “OSC”), the “Shakti Sadan” homes and the Anti-Trafficking Units (for short, the “AHTUs”).
2.1 According to the Mission’s Scheme Implementation Guidelines, OSCs provide “integrated support and assistance to women affected by violence and in distress, both in private and public spaces under one roof and facilitate immediate, emergency and non-emergency access to a range of services including medical, legal, temporary shelter, police assistance, psychological and counselling support to fight against any forms of violence against women. […] The One Stop Centers shall be the main stay of the Ministry at District level for coordination and convergence with other initiatives under Nirbhaya Fund such as Women Helplines, Anti Human Trafficking Units (AHTUs), Women Help Desks (WHDs), and Special Fast Track Courts (FTSCs), District Legal Service Authority (DLSA) etc.”. The OSCs would provide temporary shelter to women in distress or women affected by violence along with their children, for a maximum period of 5 days. The admissibility of any woman to the temporary shelter would be at the discretion of the Centre Administrator and for long term shelter requirements, arrangements would be made in coordination with Shakti Sadan 6 M.A.No.530/2022 Homes.
In light of the same, the Union of India is directed to comprehensively provide a report indicating and addressing the following:-
i. The number of OSCs which have been established and those functional, as on date, in each State/UT. ii. A breakdown of the OSCs which have been established (a) within a hospital/medical facility; (b) in an existing Government/semi-Government institution located within a 2km radius of the hospital/medical facility; and (c) those newly constructed in lands allocated by the concerned State/UT. Also specify the distance from the nearest hospital/medical facility for OSCs falling under category (c) mentioned above.
iii. The number of women who have availed temporary shelter, i.e., up to a maximum period of 5 days, at the OSCs in each State/UT in each year since their establishment, with special emphasis on those women who have been victims/survivors of CSE.
iv. The number of women who have been transferred from the OSCs to the Shakti Sadan Homes for long-term shelter requirements in each year in each State/UT, with special emphasis on those women who have been victims/survivors of CSE. In case of girls below the age of 18 years, the number of girls transferred to the institutions under the Juvenile Justice (Care and Protection of Children) Act, 2015, in each year in each State/UT, with special emphasis on those girls who have been victims/survivors of CSE.
v. The number of referral staff appointed and engaged in the common pool of human resources managed by the OSCs 7 M.A.No.530/2022 for the (a) legal, (b) psychological and, (c) medical needs of women who are referred to the OSCs and the Shakti Sadan homes, along with the qualification such staff/professionals in each State/UT.
2.2 According to the Mission’s Scheme Implementation Guidelines, the schemes of SwadharGreh for women in difficult circumstances and Ujjawala for the Prevention of Trafficking, which were aimed at creating a safe and enabling environment for women in distress have been merged into “Shakti Sadan” – Integrated Relief and Rehabilitation Homes, for administrative purposes. The Shakti Sadan Homes and OSCs are to “work in close coordination with the Anti-
Human Trafficking Units (AHTUs)/ Women Help Desks (WHDs) in Police Stations by utilising the network of NGOs, Women‟s Groups, Youth Groups, Panchayat, Hotels & tour operators and other stakeholders to gather information on traffickers, suspicious people and vulnerable families and prevent/ rescue the victims and also help them in initial documentation and registration of FIR. They will also apply to the designated Magistrates or SDMs and Child Welfare Committee (CWC) for the rescue of women and children respectively from places of exploitation.” According to the Mission’s Scheme Implementation Guidelines, the “Shakti Sadan” homes would provide:
(i) basic necessities such as food, clothing and other items of personal use;
(ii)Legal services and assistance either through the District Legal Services Authority (for short, the 8 M.A.No.530/2022 “DLSA”) or the implementing organisations;
(iii) Medical facilities which would include first aid facilities provided within the home and health check-
ups along with other facilities which would be provided through the District hospital/health and wellness centre/CHC/PHC. A part-time doctor would be available and would visit the Shakti Sadan home at least once in a week to ensure the general health and well-being of the residents and also attend to any emergency situation.
(iv)Psycho-social Counselling services would be provided through the common pool of counsellors under the overall charge of the OSCs.
(v) Educational and Vocational Training.
It is the case of the petitioner that there exists no established protocol on the minimum standards of care to be given to such women and girls and that the system is plagued with poor budgeting along with inadequate monitoring. Furthermore, that the victims/survivors of CSE and CEHT require special care and protection, in contrast to other women in distress, especially considering that a trafficked victim/survivor experiences one of the gravest forms of trauma, both physical and mental. These special services include but would not be limited to special trauma care addressing traumatic injuries, infectious diseases, chronic illnesses, reproductive health issues etc., de-addiction and detoxification support, and both immediate and continuous mental health support. Furthermore, it is alleged that there exist no viable and tangible options for rehabilitation nor any form of protection for the rescued 9 M.A.No.530/2022 persons, which have the unfortunate result of the victims/survivors being re-trafficked and re-victimized.
In light of the same, the Union of India is directed to comprehensively provide a report indicating and addressing the following:-
i. The number of “Shakti Sadan” homes which have been established and those that are functional, as on date, in each State/UT.
ii. The number of women who have been and who currently remain as residents, at the “Shakti Sadan” homes, in every State/UT in each year, with special emphasis on those women who have been victims/survivors of CSE.
iii. The funding that has been made available to each of these “Shakti Sadan” homes in every State/UT in each year and the budgeting of such funds, for example, the total cost to be spent on each resident woman and staff per month, the funds available under the Contingency Head for each “Shakti Sadan” home, etc. iv. Whether any special trauma care, de-addiction and de-
toxification support along with immediate and regular mental health care is provided to victims/survivors of CSE? If yes, what are the protocols in place for such treatment? Are counsellors who offer psycho-social counselling available at each “Shakti Sadan” home on an immediate need basis?
v. Of the women/girls who are residents in the “Shakti Sadan” homes, how many of them have been given educational support in the formal or open school 10 M.A.No.530/2022 systems in every State/UT in each year? Are expenses related to their schooling covered under the funding available to the “Shakti Sadan” homes? [Special emphasis to be provided to victims/survivors of CSE.] vi. Of the women/girls who are residents in the “Shakti Sadan” homes, how many of them have been provided with vocational training or skill development classes through the Vocational Training Institutes recognized by the Directorate General of Employment and Training under the Ministry of Labour and Employment or through Training Partners of National Skill Development Council (NSDC), in every State/UT in each year? [Special emphasis to be provided to victims/survivors of CSE.] 2.3 According to the Mission’s Scheme Implementation Guidelines, “The Reintegration and Repatriation of the victims of trafficking and of commercial sexual exploitation will be facilitated through the Anti Human Trafficking Units (AHTUs) set up in the districts.” The AHTUs handle the restoration to families and facilitate cross border repatriation of the victims/survivors of CSE through the Shakti Sadan scheme. Furthermore, “Half-way homes” would also be set-up for a group of victims/survivors who are gainfully employed and can live semi-independently with minimum supervision.
In light of the same, the Union of India is directed to comprehensively provide a report indicating and addressing the following:-
11 M.A.No.530/2022i. The number of AHTUs which have been established and are functional in each State/UT.
ii. The amount of financial assistance provided and the funding mechanism made available to the AHTUs in each State/UT every year.
iii. The overall responsibilities, functions and powers assigned to the AHTUs in combating the issue of CSE and CEHT. More specifically, whether AHTUs are given powers akin to those of police officers during investigation and information gathering prior to the rescue of victims?
iv. The staff and personnel available at the AHTUs along with their designations and the role they play/the responsibilities that they are assigned with in combating the issue of CSE and CEHT.
v. The infrastructure including office space, availability of computers and other essential technological tools for the effective functioning of the AHTUs. vi. The protocols or advisories in place which detail their role in the pre-rescue, rescue, post-rescue and rehabilitation stages of interaction with law enforcement, OSCs, Shakti Sadan Homes, DLSA and other stakeholders while handling victims/survivors of CSE.
vii. The number of “Half-way Homes” established under the Mission Shakti Scheme in each State/UT.
viii. The number of women/girls who have been or who are currently residents in such “Half-way Homes” in each State/UT, with special emphasis on victims/survivors of CSE.12 M.A.No.530/2022
3. A very crucial aspect in ensuring the creation of an effective and holistic “Victim Protection Protocol” for the victims/survivors of CSE and CEHT is making sure that there is both an availability of along with adherence to protocols which oversee the coordination and communication between all the stakeholders involved. Law enforcement and rehabilitation programs must not work in parallel tracks with minimal or no synergy and coordination. A continuum of protection, prosecution and rehabilitation, keeping the victim and her well-being at the forefront must be provided. There must be an established procedure through which the rescued victims are rehabilitated during investigation, during prosecution and post-trial. In this context, the Standards Operating Protocols (for short, “SOPs”) governing inter-stakeholder communication between the local Law Enforcement Agencies, the AHTUs, OSCs, Shakti Sadan Homes, DLSA, Judicial bodies, Civil Society Organisations, Financial Institutions, other relevant service providers etc., play a very important role. Such protocols would govern the methods of investigation, intra-state and inter-state cooperation mechanisms for time bound investigation, collection of evidence both pre and post-rescue, intelligence gathering, safeguarding and protection measures for the victim/survivor and witnesses, providing immediate medical, psychological and trauma care, rehabilitation, repatriation etc. Whether such protocols have been created and enforced in each State/UT? Whether advisories pertaining to the same have been issued by the Union of India through the relevant Ministries? If yes, the Union of India is directed to provide an exhaustive list, along with copies of any and all such protocols or 13 M.A.No.530/2022 advisories.
4. Upon the rescue of a victim by a police officer under Section 16 of the ITPA and after the Magistrate under Section 17 of the ITPA makes an order stating that the victim who is in need of care and protection may be placed in a protective home or in such other custody that the Magistrate finds suitable, what are the mechanisms in place which ensure the physical protection and safety of the victim at such protective homes, especially from the traffickers or those associated with them or from other persons who may exploit the vulnerability of such victims? This is especially considering the fact that such trafficking often stems from a systematized and organized ring with deep rooted and pervasive reach right from the grass-root level and the fact that victims/survivors of such crimes are at a very high risk of being re-trafficked and re-victimized in the same system that they were rescued from, or being victimized under a different crime by other perpetrators.
5. Under the legislative scheme of the ITPA, Section 21 states that the State Governments may establish Protective Homes (otherwise known as Ujjawala Homes) and Corrective Institutions by issuing licences to specific persons or authorities in a prescribed form and with some established conditions. According to Section 2(b) of the ITPA, a corrective institution means “an institution, by whatever name called (being an institution established or licensed as such under section 21), in which persons, who are in need of correction, may be detained under this Act, and includes a shelter where undertrials may be kept in pursuance of this Act”. On the other hand, according to Section 2(g) of the ITPA, a 14 M.A.No.530/2022 protective home means “an institution, by whatever name called (being an institution established or licensed as such under section 21), in which persons, who are in need of care and protection, may be kept under this Act and where appropriate technically qualified persons, equipment and other facilities have been provided, but does not include— (i) a shelter where undertrials may be kept in pursuance of this Act, or (ii) a corrective institution;”.
Therefore, it is clear that “Corrective Institutions” and “Protective Homes” are two different institutions which have been contemplated under the scheme of the ITPA. It is the stance of the Union of India, that for administrative reasons, the Protective Homes have been merged into the Mission Shakti Scheme which provides for “Shakti Sadan” Homes. In such a scenario, what is the status of the Corrective Institutions? Have they also been merged together with an existing institution or scheme? If yes, then documents pertaining to the same are to be provided. Along with the same, the number of such a merged institution in each State/UT is also to be indicated.
If no, then the Union of India is directed to provide a list of the number of Corrective Institutions which have been established in accordance with Sections 2(b) and 21 of the ITPA respectively, in each State/UT.
6. Cyber-Enabled Human Trafficking i.e., CEHT, has become more prevalent with the advent of technology and various social-media platforms – this has added another facet to the crime of sex trafficking. Therefore, CSE is no longer just associated with prostitution, sex trafficking, pornography production and 15 M.A.No.530/2022 distribution and sex tourism. The integration of cyber elements has created a radical shift in the exploitation landscape which has enabled traffickers to capitalize on the anonymity, accessibility, and interconnectedness of the digital domain to target victims regardless of education, class or place of residence. The modus operandi of traffickers has also changed significantly wherein they exploit both regulated and unregulated digital platforms and applications to perpetrate their illicit activities which help them to profile and establish communication with potential victims. As far as regulated platforms are concerned, social media platforms such as Facebook, Instagram, and Twitter, alongside matrimonial portals like Shaadi.com and Jeevansathi.com are utilised by traffickers to identify and groom potential victims. These platforms remain open and accessible to everyone, thereby providing traffickers with broad channels for profiling and establishing communication with victims for the purpose of exploitation. Additionally, closed, personalized platforms are being utilised for unregulated interaction. Gaming applications such as PUBG, FreeFire, and Ludo, alongside encrypted messaging apps like WhatsApp and Telegram, are unconventional yet potent platforms for exploitation which enables traffickers to establish direct contact with potential victims, frequently resorting to grooming tactics and offering rewards.
The present legislative scheme must be equipped to effectively tackle CEHT and other related forms of exploitation which are technologically driven. In this context, the Union of India is directed to list out the specific provisions of the Information 16 M.A.No.530/2022 Technology Act, 2000 (for short, the “IT Act”) and other relevant legislations which in the opinion of the Union forms the legislative framework which addresses and also criminalizes the actions of the traffickers engaging in CEHT.
The Union of India is also directed to furnish any relevant advisories, rules or guidelines that have framed regulations and reporting mechanisms for the intermediaries and other electronic platforms for addressing these issues, particularly to identify and alert the relevant authorities of any criminal activity pertaining to human trafficking or sexual exploitation, of any form, occurring on their platforms. Whether any regulations are in place for providing an accessible and effective reporting mechanism to the users of such platforms for the purpose of directly alerting and apprising the intermediaries of such criminal activities?
Furthermore, Union of India has apprised this Court of the existence of the Crime Multi-Agency Centre (Cri-MAC) which, in its opinion, plays an instrumental role in addressing the growing concern of Cyber-Enabled Human Trafficking i.e., CEHT. Cri-MAC is a national level-communication platform for the online sharing of information inter-se various law enforcement agencies on crime and criminals, including human trafficking for CSE, which operates on a 24*7 basis. The Union of India is directed to indicate how and in what manner the Cri-MAC, being a national level information sharing platform, created for the seamless flow of information and timely coordination between Law Enforcement Agencies, has proven to be instrumental in 17 M.A.No.530/2022 specifically combating the issue CEHT? It is neither a specialized agency for the investigation of crimes which are technologically driven nor an authority which oversees and regulates the online behavior of users in both regulated and unregulated platforms. In our understanding, Cri-MAC is only a communication platform that the law enforcement agencies can utilize, with no option for the general public to report and alert these agencies of such crimes. Therefore, what is the specific role it plays in addressing the issue of CEHT apart from being an inter and intra-agency communication platform?
7. This Court in Vishal Jeet v. Union of India and Others reported in (1990) 3 SCC 318 was faced with the issue of forced prostitution of girls, under the customary practice of ‘Devdasis’ and ‘Jogins’. This Court had noted that in spite of the existence of stringent and rehabilitative provisions under various statutes, the incidence of such crimes had not been tackled appropriately. While observing so, this Court had passed certain directions for the constitution of separate Advisory Committees at the Central level as well as in each State/UT to undertake measures for the eradication of child prostitution and initiate social welfare programmes for their care, protection, treatment, development and rehabilitation. Furthermore, the governments of all States and UTs were directed to take steps in providing rehabilitative homes manned by well-qualified trained social workers, psychiatrists and doctors. It was also directed that the suggestions given by the Advisory Committees be properly implemented. The relevant observations are reproduced below:
“16. We, after bestowing our deep and anxious 18 M.A.No.530/2022 consideration on this matter feel that it would be appropriate if certain directions are given in this regard. Accordingly, we make the following directions:
[…] (2) The State Governments and the Governments of Union territories should set up a separate Advisory Committee within their respective zones consisting of the Secretary of the Social Welfare Department or Board, the Secretary of the Law Department, sociologists, criminologists, members of the women's organisations, members of Indian Council of Child Welfare and Indian Council of Social Welfare as well the members of various voluntary social organisations and associations etc., the main objects of the Advisory Committee being to make suggestions of:
(a) the measures to be taken in eradicating the child prostitution, and
(b) the social welfare programmes to be implemented for the care, protection, treatment, development and rehabilitation of the young fallen victims namely the children and girls rescued either from the brothel houses or from the vices of prostitution.
(3) All the State Governments and the Governments of Union territories should take steps in providing adequate and rehabilitative homes manned by well-
qualified trained social workers, psychiatrists and doctors.
(4) The Union Government should set up a committee of its own in the line, we have suggested under direction No. (2) the main object of which is to evolve welfare programmes to be implemented on the national level for the care, protection, rehabilitation etc. etc. of the young fallen victims namely the children and girls and to make suggestions of amendments to the existing laws or for enactment of any new law, if so warranted for the prevention of sexual exploitation of children.
19 M.A.No.530/2022(5) The Central Government and the Governments of States and Union territories should devise a machinery of its own for ensuring the proper implementation of the suggestions that would be made by the respective committees.[…]”.
The petitioner has apprised this Court that, pursuant to the directions passed in Vishal Jeet (supra), the Ministry of Women and Child Development formed a Central Advisory Committee on Trafficking (for short, the “CAC”) in 1994 which was led by the Secretary of the Ministry of Women and Child Development and composed of state officials, civil society partners, police and experts. The Petitioner was also a member of that Committee and it has been indicated that the CAC would conduct quarterly meetings. However, it was submitted that the CAC has stopped functioning since the last 10 years. In addition to the above, due to the efforts by various civil society organisations, ‘State Advisory Boards’ were also set up, however, to the knowledge of the Petitioner, these boards have also stopped functioning.
What were the nature of the suggestions given by the CAC over the period of time? [consolidate the same in a concise manner] Have they been incorporated into the present legal framework and have the suggestions of the CAC been implemented by the Union and the governments of the States/UTs in toto?
Has the CAC, at the Central level and the State Advisory Board at the State levels, stopped functioning? If yes, then what is the reason behind these quarterly meetings coming to an 20 M.A.No.530/2022 end?
8. Human Trafficking has been acknowledged as an “Organised Crime” by the Union of India and in the spirit of combating and addressing this issue a new provision i.e., Section 111 BNS has also been incorporated under our new criminal laws. An Office Memorandum dated 30.04.2012 issued by the Union Ministry of Home Affairs has recognized that, as far as the crime of human trafficking for CSE is concerned, there are a group of offenders ranging from the spotter, recruiter, agents of recruiters, transporters, harbourers, brothel managers, brothel keepers, exploiters etc. who form an organized crime syndicate. It was advocated that investigative methods must be tailored to apprehend all these perpetrators, at the source, transit and destination. In this context, the Office Memorandum also highlighted the importance of undertaking a parallel financial investigation into Money Laundering and stated as follows:
“9.7 Parallel Financial Investigation into Money Laundering It would be virtually impossible to establish and manage an organized HT network without creating audit trails such as advertising, rentals, transportation, communication, mapping of exploiter profits and financial transactions. Any of the following four aspects relating to money laundering need to be established during the course of investigation. Assistance of financial experts should be taken:
a) Conversion or transfer of crime proceeds for the purpose of concealing their illicit origin;
b) Concealment or disguise of crime proceeds;
c) Acquisition, possession or use of crime proceeds;
d) Contributing indirectly to the commission of the 21 M.A.No.530/2022 offences outlined above, including participation in and conspiring or attempting to commit the offences in question.
9.8 Efforts should be made to identify each and every moveable and immoveable asset of a gang and each of its members including benami properties by verifying documents and analyzing the source of funds. Each business or establishment run by gang members should be scrutinized to assess the investment made into the business/establishment, its source of funding, profits made and utilization/re-investment of profits, possible tax evasion, violation of financial rules and regulations including the ones relating to foreign exchange.” In the above context, the Union of India is directed to indicate and highlight specific provisions under the Prevention of Money Laundering Act, 2002 (for short, the “PMLA”) under which those involved in the network of human trafficking can be proceeded against and the manner in which those provisions can be utilized to combat the crime of Human Trafficking.
3. The petitioner may also furnish additional submissions pertaining to the aforesaid questions, if necessary. The parties are directed to forward the soft copies of the aforesaid report and the submissions on or before 23.05.2025 to [email protected].
4. Rest of the order dated 17.12.2024 will remain intact.
(CHANDRESH) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
22