In a scathing criticism of the Union government’s inaction, supreme court expressed displeasure at the Centre’s failure to fulfill its promises made nearly a decade ago to combat sex-trafficking in India. The Court’s bench of Justices JB Pardiwala and Pankaj Mithal condemned the government’s failure to set up a dedicated Organized Crime Investigation Agency (OCIA) and introduce a comprehensive anti-trafficking law, both ordered in 2015. These commitments, which should be implemented by 2016, remain unaddressed.

The Supreme Court bench made its concerns clear, telling Additional Solicitor General (ASG) Aishwarya Bhati, representing the Union government:
“It is clear that you have not honored either of the two assurances made to this court. We are concerned because it is a serious problem.”

Despite these repeated assurances, the government has yet to establish OCIA, a dedicated body meant to investigate organized sex-trafficking networks. Additionally, the Trafficking in Persons (Prevention, Protection and Rehabilitation) Bill, which was passed in the Lok Sabha in 2018, was never introduced in the Rajya Sabha and eventually lapsed when the Lok Sabha was dissolved in 2019.

The bank’s displeasure was evident as it pointed out that the government had failed to implement measures that could directly benefit the growing number of sex-trafficking victims across the country.

Responding to the Court’s criticism, ASG Bhati informed the court that the government has decided to give the National Investigation Agency (NIA) the additional responsibility of handling sex-trafficking cases instead of setting up the OCIA. However, the Court was unconvinced by this approach, questioning whether the NIA, an agency primarily tasked with combating threats to national security, had the resources or mandate to adequately protect and rehabilitate victims of sex trafficking.

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“What will the NIA do? It can arrest and prosecute, but what can it do to protect or rehabilitate victims of sex trafficking? We don’t see the rationale here.”

The court emphasized that while prosecution is crucial, rehabilitation of victims is equally important. Without a clear and dedicated system to support victims, the long-term impact of any criminal action could be diminished.

The issue of cyber-compatible sex trafficking was also raised during the proceedings. Senior counsel Aparna Bhat, representing petitioner Prajwala, pointed out that traffickers are increasingly using digital platforms and online networks to exploit victims, making traditional law enforcement strategies even more difficult.

The bank noted these concerns, urging the government to consider the evolving nature of trafficking, which now often includes online recruitment, exploitation and distribution of victims. The court instructed ASG Bhati to provide an updated response that addresses the modern challenges posed by digital traffic alongside traditional forms of exploitation.

The Supreme Court reiterated the urgency of enacting a comprehensive anti-trafficking law that addresses the multifaceted nature of sex trafficking, including victim protection and rehabilitation. The Court emphasized that trafficking is not only a criminal problem, but a violation of human rights that requires a strong legal and institutional framework.

In this context, the Centre’s failure to enact legislation that could establish a Victim Protection Protocol – which would ensure the rehabilitation of women and children affected by commercial sexual exploitation – was seen as a major setback. The Court emphasized that victims of sex trafficking often face long-term physical and psychological trauma, and their reintegration into society requires comprehensive protection and care, which current laws do not adequately provide.

The court has now given three weeks to the Union government to file a detailed affidavit outlining the progress of its anti-trafficking measures, including the status of legislative reforms and creation of an investigative framework. The bench said effective directions would follow at the next hearing, urging the government to provide concrete updates on how it plans to tackle the sex-trafficking crisis.

This decision follows a Public interest litigation (PIL) forganized by the NGO Prajwala in 2004, which sought stronger measures to combat human trafficking, including the establishment of an OCIA. In 2015, the Court issued an order directing the Ministry of Home Affairs to establish the OCIA and make it operational by December 2016. The Ministry of Women and Child Development (MWCD) was also tasked with drafting a comprehensive anti-trafficking law. However, as the deadline for these actions continued to expire, Prajwala returned to the Court in 2022, arguing that the lack of action left vulnerable people open to exploitation.

Prajwala’s latest plea, which was highlighted during the Court’s hearing, highlights the growing scale of sex trafficking in India. The organization pointed out that sex trafficking is now a multi-million dollar industry and traffickers are constantly developing new methods to exploit victims. This makes the need for effective government intervention and a modernized legal framework even more pressing.

The petition further calls on the government to establish measures to prevent the exploitation of women and children, stressing that without a clear legal framework and a dedicated agency like OCIA, the fight against sex trafficking will remain severely compromised.

The Supreme Court’s recent rebuke to the Union government highlights the dire and urgent need for comprehensive action against sex trafficking in India. The failure to establish the promised OCIA and enact anti-trafficking laws has left victims without adequate protection and rehabilitation. The Court’s stern directive for a detailed update from the government within three weeks reflects the urgency to address this issue, which continues to affect thousands of women and children across the country.

With the evolution of trafficking and the use of modern technologies, India needs to adopt a multi-pronged strategy – encompassing law enforcement, victim protection, rehabilitation and international cooperation – to truly combat the scourge of sex trafficking. The government must now act decisively to deliver on its promises and protect vulnerable people.

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