Prevention of Trafficking of Humans from Neighbouring Country

JUDGMENT

Ananda Sen, J. – Heard learned counsel appearing for the parties. This criminal case brings to light a very disturbing feature. This is a case of cross border human trafficking. Girls, from Bangladesh, a neighbouring country, are being trafficked to Dubai (UAE), through India.

2. In this particular case, through West Bengal, by different modes, girls Bangladeshi Nationals, one of them being a minor, were being trafficked for the purpose of sending them to U.A.E.

3. Both the victim girls, aged about 17 years, and 19 years were examined under Section 164 Cr. P.C. They disclosed that they are Bangladeshi Nationals, resident of Bhawanipur, Police Station Humna, district Komillah, Bangladesh. They further stated that while they were in Dhaka (Bangladesh) they were assured that they will be taken to Dubai(UAE).They were taken to the border areas of India and Bangladesh and thereafter with the aid of other persons they were helped to cross the International Borders and they made entry into the territory of India. They stated that the persons who were handling their travel told them that they are being taken to Mumbai. In course of sending them to Mumbai they were brought to Howarh (W.B) and got them boarded in a train. They made complains before the police officials in train, which yielded no result.

4. The girls then complained to the passengers of the train. The passengers took action and reported the matter to the police who took action and the girls were brought to Jamshedpur (Jharkhand) and they were rescued.

5. After going through the statement of victim girls recorded under Section 164 Cr. P.C, it gives an impression that a well organized racket is functioning internationally to traffic girls from Bangladesh to other countries through India. This is a matter of grave concern where Indian territory is being used for trafficking foreign nationals (minor girls) to different countries, in this case UAE. The girls were made to cross the border, definitely, illegally where the authorities failed to stop this trafficking. Further from the statement of the victims, I find that at the initial stage in Howarh, the police personnels who were in the train did not take any action on the complaint of the girls and only when at a later stage the passengers of the train intervened, the police swung into action and they were rescued in Jamshedpur (Jharkhand).

6. This is a very serious issue, which needs immediate attention of the Ministry of Home Affairs, Government of India. Thus, I direct the Assistant Solicitor General of India, Mr. Rajiv Sinha, who is in Court, to file an appropriate affidavit stating as to what action the Ministry of Home Affairs is taking or is contemplating to take, so that this type of trafficking of humans from neighbouring country is prevented.

7. Awaiting response from the Ministry concerned, list this case after six weeks.

8. Let a copy of this order along with a copy of the F.I.R. in connection with Rail Tatanagar, P.S. Case No. 50 of 2017, corresponding to G.R. No. 60 of 2017, registered under Section 370 of the Indian Penal Code and the copy of the statement of victim girls, recorded under section 164 Cr. P.C be handed over to Mr. Rajiv Sinha, ASGI for filing an appropriate affidavit in this case. The Member Secretary, JHALSA through concerned DLSA, is directed to ensure that proper legal aid is provided to the victim of this case immediately. A copy of this order be also sent to Member Secretary, JHALSA, Ranchi.

9. In the meantime let the case diary be called for in connection with Rail Tatanagar, P.S. Case No. 50 of 2017, corresponding to G.R. No. 60 of 2017 from the court concerned.