05 October,2023 02:50 PM IST | Mumbai | mid-day online correspondent
Bombay High Court/ File Photo
The Bombay High Court on Wednesday said offences under anti-human trafficking law have social and cultural ramifications while directing the Union and Maharashtra governments to give an update on the implementation of legislation. The court, according to PTI, directed them to file affidavits stating of the apparatus contemplated per the legislation was functional or not.
A division bench of Chief Justice DK Upadhyaya and Justice Arif Doctor was hearing a Public Interest Litigation (PIL) filed by a non-governmental organisation (NGO) 'Rescue Foundation'. They claimed in their plea that provisions of the Immoral Traffic (Prevention) Act are not being implemented by the authorities.
According to the report, the bench in its order observed serious concerns were raised in the PIL about a "not so happy situation" wherein the offenders booked under the Act escaped the rigours of the law.
The Union government, in an affidavit, had previously informed the bench that offences pertaining to human trafficking for slavery and sexual exploitation under Sections 370 and 370 A of the Indian Penal Code would be investigated by the National Investigation Agency (NIA) since the crimes have inter-state and sometimes international connections.
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The court, as reported in PTI, on Wednesday noted that the Union government was silent on other provisions of the Immoral Traffic (Prevention) Act. HC further emphasized that the Union government had not yet appointed trafficking police officers to probe offences under the Act which deals with sexual exploitation of persons, allegedly committed in more than one state.
"In the absence of the appointment of trafficking police officers, the offences under the Act reported to have been committed in more than one state will remain uninvestigated and hence there appears to be an urgent need for the appointment of trafficking police officers," HC said.
The bench, noting that offences under the Act have social and cultural ramifications, said the state government needs to reflect upon whether the advisory bodies and the 'Anti-human trafficking units', as contemplated under the Act, have been set up and/or are discharging their duties.
The bench directed the state government to file an elaborate affidavit on whether the provisions of the Act are being implemented and to state specifically the work and functions the Anti-human trafficking units and women's help desks are carrying out.
"The State government shall also indicate as to how many offences reported under Sections 370 and 370A of the Indian Penal Code in Maharashtra have been referred for investigation to the NIA," HC said.
The bench has also asked the Union government to file an affidavit giving details on steps taken by it to ensure appointment of trafficking police officers and the HC said it has to be filed within four weeks. The next hearing on the matter will be on December 4.
