The petitioner is before this Court seeking a direction

for her repatriation to Bangladesh, the country to which

she belongs.

2. Heard Smt. Syeda Saba, learned counsel for the

petitioner, Sri S.R.Dodwad, learned Central Government

Counsel

for

respondent

Nos.1,

6

and

7

and

Smt. K.P.Yashodha, learned High Court Government

Pleader for respondent Nos.2 to 5 and 8.

- 4 -

3. Brief facts of the case leading to the petitioner to

file the subject petition are as follows:

The petitioner in the month of January 2021, is

brought to India and is allegedly put into human

trafficking. She is rescued by the police on 25.06.2021.

After which, a crime comes to be registered in crime

No.270/2021, invoking the provisions of Sections 3, 4, 5,

6 and 7 of the Immoral Traffic (Prevention) Act, 1956 and

Section 370 r/w. 34 of the IPC, against all the accused.

When search was conducted on 25.06.2021, in a hotel

within the jurisdiction of Banaswadi Police Station, eight

women were rescued and produced before the Magistrate,

who directed the State to keep those victims, who were

rescued, in a reception home / reception center untill

further orders. At that point in time, the petitioner

becomes pregnant and has now delivered.

- 5 -

4. During the pendency of this petition, she

continues to stay in the reception center or the house,

where she was directed to be housed pursuant to the

orders of the concerned Court. The petitioner has now

knocked the doors of this Court seeking her repatriation to

Bangladesh in terms of the procedure that has to be

followed for such repatriation.

5. This Court on 24.05.2022, had passed the

following order:

<The petitioner in the petition seeks a prayer for

a repatriation to Bangladesh, to which country she

belongs.

2. Facts that lead to filing of the present

petition as borne out from the pleadings are that:

Petitioner comes into India in January, 2021 on

alleged promise of a job and later was forced into

sex work in Bengaluru. She was rescued on

25.06.2021 by the police. The petition is filed

seeking such repatriation on the score that it is the

responsibility of the respondents 1, 4, 5, 6 and 7 to

repatriate traffic victims from Bangladesh and seeks

such an order of repatriation to Bangladesh from the

hands of either of the respondents.

3. Learned counsel appearing for the

respondent-Union of India would submit that such

- 6 -

repatriation is to be in terms of the Memorandum of

Understanding entered into between Government of

India and Peoples Republic of Bangladesh on bilateral

co-operation for prevention of human trafficking

especially trafficking in women and children; rescue,

recovery, repatriation and reintegration of victims of

trafficking.

Article 11 deals with repatriation and reads as

follows:

<(a) The authorities in charge of

repatriation shall follow the respective

SOP

to

inform

the

other

Party

of

repatriation arrangements of trafficked

victims in advance and repatriation will be

undertaken

in

accordance

with

the

respective SOP adopted by the countries.

(b) Repatriation of trafficked victims

shall

be

arranged

and

conducted

expeditiously and cases pending beyond

six months can be escalated to the higher

authority.=

4. The National Human Rights Commission of

India has brought in place a Standard Operating

Procedure

for

combating

human

trafficking

of

persons in India. Standard Operating Procedure deals

with the cases of inter country trafficking and reads

as follows:

<Repatriation: in case of children, all persons

below 18 years who have been rescued have to be

produced in front of the CWC. The CWC must conduct an

inquiry which includes a home verification process and a

social investigation report. Based on the same the CWC

may pass orders for:

•

If home verification is approved: the victim should

be sent back to her/his community/home and the CWC

- 7 -

may pass an order for repatriation. The CWC can order

and pr