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Synopsis

The Bombay High Court has directed the Home Department of the State of Maharashtra to submit a detailed affidavit outlining the functions and activities carried out by the Anti-Human Trafficking Units and the Women Help Desks established in police stations across the state to combat human trafficking for sexual exploitation.

The high court has also asked the state government to submit details of the number of offences reported under Sections 370 and 370A of the IPC in the State of Maharashtra that have been referred for investigation to the National Investigating Agency under the NIA Act.

Additionally, the court has requested the Union of India to file an affidavit detailing the measures taken to ensure the appointment of trafficking police officers.

The division bench of the high court comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor was hearing a public interest litigation filed by the rescue foundation.

The petitioners contended that Trafficking Police Officers, as mandated by The Immoral Traffic (Prevention) Act, 1956, have not been appointed to investigate cases related to human trafficking for sexual exploitation. These officers should be appointed by the Central Government when offences of sexual exploitation occur in more than one state.

Furthermore, the plea highlights that advisory bodies, as required under Section 13(3)(b), have not been constituted. According to Section 13(3)(b), the State Government, along with the special police officer, should establish a non-official advisory body comprising five social workers from the respective area, with a preference for including women whenever practicable.

The Central Government informed the bench that Section 370 and Section 370A of the Indian Penal Code, which deal with human trafficking and sexual exploitation, are included in the Schedule appended to the National Investigation Agency Act, 2008, and are investigated by the NIA.

However, the division bench noted that due to the non-appointment of Trafficking Police Officers, offences under the said Act reported having been committed in more than one State will remain uninvestigated.

Regarding the Anti-Human Trafficking Units, the union stated in its affidavit that certain funds have been released by the Central Government for setting up Anti-Human Trafficking Units in certain districts of the States and also for setting up Women's Help Desks in police stations in all the States, including the State of Maharashtra.

The high court also said that the advisory body under Section 13(3)(b) has a salutary purpose as the offences under the Act of 1956.

“Setting up of the advisory body under Section 13(3)(b) has a salutary purpose as the offences under the Act of 1956 have a different connotation than the offences committed under the IPC or any other enactment. The offences under the Act of 1956 have social and cultural ramifications as well and accordingly the Central Legislation has provided for setting up of the advisory body to advise the special police officers who are otherwise entrusted to investigate offences under the Act of 1956,” the order reads.

The bench said whether the Anti Human Trafficking Units and Women Help Desk are functioning and discharging their duties in terms of the statutory requirement are the issues on which the State Government needs to reflect upon.

As a result, the court granted the State Government and the Union of India four weeks to file their affidavits, and the petitioner was given one week to file a rejoinder.

The matter will now be taken up on 4th December 2023.

Case title: Rescue Foundation vs State of Maharashtra & Ors.