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J. B. PARDIWALA, PANKAJ MITHAL
Prajwala – Appellant
Versus
Union of India – Respondent
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:
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 Act
The court emphasized the urgent need for comprehensive legislation addressing the protection and rehabilitation of trafficking victims, alongside prevention and prosecution measures.
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The court established that missing person cases require urgent action and compliance with existing SOPs and legal obligations, emphasizing the presumption of abduction or trafficking.
The judgment emphasizes the constitutional obligation to ensure humane conditions for prisoners, mandating the establishment and better utilization of Open Correctional Institutions to address prison....
Penetrative sexual assault on minor girl – Minor victims of sexual assault need rehabilitation and constant care in future – Measures for adolescent well-being and child protection need priority.
The court ruled mandatory compliance with statutory provisions is essential in detaining individuals under the Immoral Traffic Act to uphold legal safeguards.
Detention of adult victims in protective homes against their will without justification violates their fundamental rights, emphasizing rehabilitation rather than punishment under the Immoral Traffic ....
The judgment underscores the need for compliance with legal provisions ensuring effective handling of sexual offences, timely investigations, and protective measures for victims.
(1) Kidnapping of girl child – Petition seeking direction for effective Police investigation – If police do not play their role effectively and with due diligence, entire prosecution case is bound to....
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