On November 12, 2024, the Supreme Court expressed severe dissatisfaction with the Central Government for its failure to implement comprehensive legislation against sex trafficking, a directive that has been pending since December 2015. A Bench led by Justice P.B. Pardiwala highlighted the government’s inaction in establishing a dedicated investigative agency as ordered by the Court.
Justice Pardiwala pointed out that the Home Ministry did not adhere to the Supreme Court’s 2015 directive to set up an ‘Organised Crime Investigative Agency’ (OCIA) specifically for tackling sex trafficking. This agency was supposed to be operational by December 1, 2016, following its formation deadline of September 30, 2016, but it was never established.
The Bench also expressed concerns over the stalled progress of The Trafficking of Persons (Prevention, Care and Rehabilitation) Bill, 2018, which, although passed in the Lok Sabha, failed to reach the Rajya Sabha due to the dissolution of Parliament. This bill was intended to enhance measures for preventing trafficking, rescuing victims, and ensuring their rehabilitation.
In response, Additional Solicitor General Aishwarya Bhati representing the government, referred to the 2019 amendments to the National Investigation Agency (NIA) Act. These amendments broadened the NIA’s scope to include human trafficking alongside other serious offenses such as cyber-terrorism and prohibited arms handling. The expanded jurisdiction was intended to cover offenses related to human trafficking both within and beyond India’s borders.
Justice Pardiwala also recalled the Supreme Court’s previous order for the formation of a committee, led by the Secretary of the Ministry of Women and Child Development, tasked with drafting a law focused on prevention, victim rescue, and rehabilitation. This committee was supposed to enhance victim protection protocols and improve the provision of shelter homes for survivors, although progress appears limited.
“Prima facie, no effect worth the name was given to the order of December 9, 2015,” Justice Pardiwala remarked, underscoring the government’s lack of significant action in combating sex trafficking.
The Court further directed the government to address emerging concerns over cyber-enabled sex trafficking, an issue brought to the forefront by senior advocate Aparna Bhat, who represented the NGO Prajwala, the petitioner in this case.
