SC asks Centre to spell out stand on rehabilitation of sex trafficking victims

Noting that there is a legislative vacuum, the Supreme Court has directed the Centre to spell out its stand on putting in place a comprehensive framework for rehabilitation of victims of sex trafficking.

"Human and sex trafficking are crimes that dehumanise the victim and violate the victim's right to life, freedom and personal security. Vulnerable sections of society, especially women and children, are disproportionately affected in such crimes," a Bench led by Justice JB Pardiwala said.

While hearing a PIL seeking compliance of a December 9, 2015 verdict on victims of sexual assault, the top court said the victims of such crimes are often mistreated by their traffickers and have to endure physical and mental forms of violence that are inflicted upon them.

The Bench – which also included Justice Pankaj Mithal, gave three weeks to the Centre to file an affidavit clearly spelling out its stand and posted the matter for December 10.

It pointed out that the Centre had earlier said that the Ministry of Home Affairs would set up the “Organised Crime Investigative Agency” (OCIA) to take care of the victims of sex trafficking.

The Centre had also told the court that a policy decision had been taken by the Ministry of Women and Child Development to constitute a committee under the chairmanship of the Secretary, Ministry of Women and Child Development, Government of India, for preparing a comprehensive legislation dealing with sex trafficking.

However, the idea of setting up the OCIA was dropped and instead, the Centre thought it fit to amend the NIA Act by introducing two provisions in it. Later, the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, was introduced but there has been no legislative progress in the matter.

“Prima facie, it could be said that as on date, no compliance or effect worth the name has been given to the order passed by this court dated December 9, 2015 and the issues raised by the petitioner still remain to be considered,” the top court said in its November 12 order.

Terming the issues involved as “highly sensitive and important”, the Bench said, “It is the need of the hour to adopt a human rights and rehabilitative approach to such crimes.”

It said, "They (victims) stand at a greater risk of sustaining several life-threatening injuries and contracting infections and illnesses, including sexually transmitted diseases. Additionally, the mental health consequences can range from anxiety disorders, Post Traumatic Stress Disorder (PTSD), depression and substance abuse as well.”

A majority of such victims may require continuous access to doctors and other mental health professionals who can tend to their specific needs, it said.

"Alienation and ostracism by the larger society is also inherently associated with such crimes. Individuals who are trafficked are often abruptly alienated from their immediate family and other social groups due to the attribution of sentiments like guilt and shame on the victims," the Bench said.

"This has the unfortunate consequence of them being further isolated, secluded and withdrawn from society. The crime is also of such nature that it seriously hampers the pursuit of further education and learning," it said.