Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.56 OF 2004
PRAJWALA
... PETITIONER(S)
VS.
UNION OF INDIA & ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Heard the learned counsel.
th
2. We have gone through the affidavit dated 16
November, 2015 filed on behalf the Ministry of Women &
Child Development, Government of India.
3. It has been submitted in the said affidavit that the
Ministry of Home Affairs shall set up the “Organized Crime
th
Investigative Agency” (OCIA). We hope that before 30
JUDGMENT
September, 2016, OCIA shall be set up and also hope that it
st
is made functional before 1 December, 2016 looking to the
importance of the issue before us.
4. We also record the fact, as mentioned in the Office
th
Memorandum dated 16 November, 2015, that the Ministry of
Women & Child Development has taken a policy decision to
constitute a Committee under chairmanship of the Secretary,
Ministry of Women & Child Development, Government of India,
for preparing a comprehensive legislation dealing with the
1
Page 1
subject of trafficking.
5. The afore-stated Committee is to work on the
following terms and reference :
• To study the various Acts/Legislations under
the purview of different Ministries/
Departments relating to various aspects of
trafficking.
•
To consider the gaps in the existing
legislation, from the point of view of
prevention, pre-rescue, rescue, post-rescue
and rehabilitation aspects.
•
To strengthen victim protection protocol so
as to ensure that victims are treated as
victims not as offenders.
•
To draft a comprehensive legislative
framework covering all aspects of
trafficking, as may be considered necessary.
•
To provide for adequate shelter homes for
the rescued victims.
•
To prepare a comprehensive policy for law
enforcing agencies, including for lady
police officers for handling the victims of
JUDGMENT
trafficking.
6. We are sure that the Committee shall do the needful
at an early date so that appropriate law can be enacted on
the subject. We hope that the Committee shall prepare and
submit its report preferably in six months.
7. In view of the above development in the matter, this
petition does not survive. The writ petition is,
accordingly disposed of.
2
Page 2
8. We record our appreciation for Prajwala and Dr.
Sunitha Krishnan for bringing such an important and
humanitarian issue to our notice and for able assistance
rendered by learned Senior Counsel Mr. Dushyant Dave and
Ms. Indu Malhotra, learned Additional Solicitor General Mr.
| rned advoca<br>relating | |
| Legal Services Authority and other learn<br>process of disposing of this case r<br>problems.<br>I.A.Nos.3 to 5 of 2015 (For impleadment): | rn<br>r |
| 9. A statement has been made on beha<br>India that if any suggestion is made by<br>the applicants to the Ministry of Home<br>will be looked into.<br>11. In view of the above statement mad<br>Union of India, I.A.Nos.3 to 5 of 2015 ar |
..............J.
[ANIL R. DAVE]
JUDGMENT
..............J.
[MADAN B. LOKUR]
..............J.
[KURIAN JOSEPH]
New Delhi;
th
9 December, 2015.
3
Page 3