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IN THE HIGH COURT OF JUDICATURE AT PATNA
V.N. SINHA And PRABHAT KUMAR JHA, JJ.
Apne Aap Women Worldwide Trust India through Ms. Tinku Khanna - Petitioner
Versus
The State of Bihar through the Secretary, Department of Home, Old Secretariat, Patna, Bihar - Respondent
Civil Writ Jurisdiction Case No.1882 of 2013
Decided on: 20-11-2014
PREVENTION OF TRAFFICKING IN WOMEN AND CHILDREN - DIRECTIONS TO THE STATE RESPONDENTS TO CARRY OUT THEIR CONSTITUTIONAL OBLIGATION ENSHRINED IN ARTICLE 23 OF THE CONSTITUTION BY STRICTLY ENFORCING THE PROVISIONS OF THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 AND TO CONDUCT OPERATIONS IN RED LIGHT AREA/ OTHER AREAS IN PRESENCE OF WOMEN SOCIAL WORKER, TO DIRECT THE STATE RESPONDENTS TO APPOINT SPECIAL POLICE OFFICERS NOT BELOW THE RANK OF INSPECTOR FOR DEALING WITH THE OFFENCES UNDER THE ACT AND TO MAINTAIN THE VICTIMS RESCUED IN SHELTER HOMES CERTIFIED BY THE STATE SOCIAL WELFARE DEPARTMENT AS PER IT(P) A NORMS.
Fact of the Case:
Petitioner-Trust, a Non-Government Organisation, has been established by well meaning public spirited citizens of India to provide for education, health care, legal protection and job skill to women and children found in the red light area by following the Gandhian principles of Antodaya (upliftment of the last woman), Ahimsa (non-violence). Sex trafficking and prostitution are the worst form of violence against women. Any attempt to end sex trafficking, prostitution requires internalization of the principles of non-violence. The mission of the trust is to end trafficking of women and children. Its objectives are to support community based initiatives, to mitigate the circumstances of those trapped/ caught by the sex industry/ prostitution. Develop leadership amongst the affected to end sex trafficking and prevent inter-generational prostitution. Build linkages between grass root activist and policy makers for ending sex trafficking. To create awareness in society on discrimination against women and girls, particularly issues relating to sex trafficking, prostitution, sexuality and violence against women and girls.
Finding of the Court:
The Court observed that the rescue of the trafficked victim is meaningless if the victim is not provided protective care, vocational training to enable her to stand on her own feet and become economically self-reliant. In the absence of adequate vocational training, the rescued victim is again likely to go back in the same black hole from where she has been rescued.
Issues: 1. Whether the State respondents are carrying out their constitutional obligation enshrined in Article 23 of the Constitution by strictly enforcing the provisions of the Immoral Traffic (Prevention) Act, 1956? 2. Whether the State respondents have appointed Special Police Officers not below the rank of Inspector for dealing with the offences under the Act? 3. Whether the State respondents are maintaining the victims rescued in shelter homes certified by the State Social Welfare Department as per IT(P) A norms?
Ratio Decidendi: The Court held that the State respondents are not carrying out their constitutional obligation enshrined in Article 23 of the Constitution by strictly enforcing the provisions of the Immoral Traffic (Prevention) Act, 1956. The Court also held that the State respondents have not appointed Special Police Officers not below the rank of Inspector for dealing with the offences under the Act and are not maintaining the victims rescued in shelter homes certified by the State Social Welfare Department as per IT(P) A norms.
Final Decision: The Court directed the State respondents to carry out their constitutional obligation enshrined in Article 23 of the Constitution by strictly enforcing the provisions of the Immoral Traffic (Prevention) Act, 1956 and to conduct operations in red light area/ other areas in the presence of women social worker. The Court also directed the State respondents to appoint Special Police Officers not below the rank of Inspector for dealing with the offences under the Act and to maintain the victims rescued in shelter homes certified by the State Social Welfare Department as per IT(P) A norms.
(Per: HONOURABLE MR. JUSTICE V.N. SINHA)
Petitioner-Trust, a Non-Government Organisation, has been established by well meaning public spirited citizens of India to provide for education, health care, legal protection and job skill to women and children found in the red light area by following the Gandhian principles of Antodaya (upliftment of the last woman), Ahimsa (non-violence). Sex trafficking and prostitution are the worst form of violence against women. Any attempt to end sex trafficking, prostitution requires internalization of the principles of non-violence. The mission of the trust is to end trafficking of women and children. Its objectives are to support community based initiatives, to mitigate the circumstances of those trapped/ caught by the sex industry/ prostitution. Develop leadership amongst the affected to end sex trafficking and prevent inter-generational prostitution. Build linkages between grass root activist and policy makers for ending sex trafficking. To create awareness in society on discrimination against women and girls, particularly issues relating to sex trafficking, prostitution, sexuality and violence against women and girls.
2. Present writ petition was initially filed with 10 prayers contained in Paragraphs 1A to 1K. By filing I.A. No. 1656 of 2013 prayer was made to delete the prayer contained in Paragraphs 1E, 1G, 1H and 1I, which was allowed under order no. 4 dated 07.03.2013. The prayer which still survives in the writ petition is to direct the respondents to carry out their constitutional obligation enshrined in Article 23 of the Constitution by strictly enforcing the provisions of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the Act) and to conduct operations in red light area/ other areas in presence of women social worker, to direct the State respondents to appoint Special Police Officers not below the rank of Inspector for dealing with the offences under the Act and to maintain the victims rescued in shelter homes certified by the State Social Welfare Department as per IT(P) A norms. Further prayer made in the writ petition is to direct the respondents to enforce the directions of the Supreme Court issued in the case of Budhadev Karmaskar Vs. State of West Bengal AIR 2011 Supreme Court 2636.
3. In the light of the prayer made in the writ petition State respondent no. 1 filed counter affidavit duly affirmed by the Principal Secretary, Department of Home asserting that to combat social evil of human trafficking in Bihar the Department of Social Welfare has formulated State Plan of Action called ASTITVA providing for integrated approach by several Departments of the Government (Education, Rural Development, Social Welfare, Labour, Human Resources, Health, Police, District Administration etc.) vide resolution of the Government issued from Social Welfare Department bearing No. 595 dated 31.12.2008. The basic objectives of ASTITVA are as follows :
i. To prevent, control and eradiate human trafficking, ensure qualitative action at source, transit and destination areas of trafficking.
ii. Ensure and prioritize proper rescue, rehabilitation and sustainable repatriation with special emphasis on livelihood, socio-economic empowerment.
iii. Human trafficking is an organized crime, therefore, ensuring legal action against pimps, traffickers etc.
iv. Ensuring sensitization, mobilization and capacity building of Government/ Non-Government bodies for minimizing the vulnerability of human trafficking in the State.
4. Perusal of resolution notifying ASTITVA-BIHAR indicates that there is State, District level Anti Human Trafficking Coordination Committee established under the Chairmanship of Chief Secretary of the State and District Magistrate of the district concerned. It also indicates that Anti Human Trafficking Task Force has been constituted at both State, District level under the Chairmanship of Director General of Police and Superintendent of Police concerned. Bes
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