IMPORTANT POINT
The court emphasized the urgent need for comprehensive legislation addressing the protection and rehabilitation of trafficking victims, alongside prevention and prosecution measures.

ORDER :

1. This Miscellaneous Application has been filed by the original petitioner of Writ Petition (Civil) No. 56 of 2004 that came to be disposed of by this Court vide order dated 9th December, 2015 in the following terms:

“1. Heard the learned counsel.

2. We have gone through the affidavit dated 16th 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 Investigative Agency” (OCIA). We hope that before 30th September, 2016, OCIA shall be set up and also hope that it is made functional before 1st December, 2016 looking to the importance of the issue before us.

4. We also record the fact, as mentioned in the Office Memorandum dated 16th 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 subject of trafficking.

5. The afore-stated Committee is to work on the following terms and reference:

(i) To study the various Acts/Legislations under the purview of different Ministries/ Departments relating to various aspects of trafficking.

(ii) To consider the gaps in the existing legislation, from the point of view of prevention, pre-rescue, rescue, post-rescue and rehabilitation aspects.

(iii) To strengthen victim protection protocol so as to ensure that victims are treated as victims not as offenders.

(iv) To draft a comprehensive legislative framework covering all aspects of trafficking, as may be considered necessary.

(v) To provide for adequate shelter homes for the rescued victims.

(vi) To prepare a comprehensive policy for law enforcing agencies, including for lady police officers for handling the victims of 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.

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. N.K. Kaul and learned Advocate Ms. Aparna Bhat, National Legal Services Authority and other learned advocates in the process of disposing of this case relating to social problems.

I.A. Nos. 3 to 5 of 2015 (For impleadment):

9. A statement has been made on behalf of the Union of India that if any suggestion is made by anybody including the applicants to the Ministry of Home Affairs, the same will be looked into.

11. In view of the above statement made on behalf of the Union of India, I.A. Nos. 3 to 5 of 2015 are disposed of.”

2. This application was last heard sometime in the year 2022. It has come up for hearing today almost after a period of more than two years.

3. We have heard Ms Aparna Bhat, the senior learned counsel appearing for the applicant/original petitioner and Ms. Aishwarya Bhati, the learned Additional Solicitor General appearing for the Union of India.

4. It is not in dispute that a statement was made on behalf of the Union of India on oath in the form of an affidavit that the Ministry of Home Affairs would set up the “Organized Crime Investigative Agency” (OCIA) to take care of the victims of sex trafficking.

5. This Court, in its order referred to above, had expressed hope that before 30 September 2016, the OCIA is set up and it had also expressed further hope that it would be made functional before 1st December, 2016 having regard to the importance of the issue. This court also recorded in its order referred to above that a policy deci