Context:
The Supreme Court of India has recently expressed its displeasure over the Union government for not implementing its promise in 2015 to install a completely new Organised Crime Investigative Agency (OCIA) or even to enact complete comprehensive legislation to combat trafficking. It clearly indicates that the government is not responsive to the problem of organized crime and human trafficking to the extent it would have liked. To conquer these vital challenges, the government should take more decisive actions.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Concerns of the Supreme Court Regarding the Establishment of the OCIA
- How an Agency like OCIA Can Help to Tackle Sex Trafficking in India?
- Measures Taken by India to Combat Human Trafficking
Concerns of the Supreme Court Regarding the Establishment of the OCIA
- Directive for OCIA Establishment:
- In the case of Prajwala v. Union of India, 2015, the Supreme Court directed the Ministry of Home Affairs (MHA) to establish the OCIA to specifically address sex trafficking.
- Despite a deadline set for 30th September 2016 and a planned operational date of 1st December 2016, the agency remains unformed, leading to delays in implementing effective measures against sex trafficking.
- Persistent Trafficking Issues:
- MHA data shows that over 10,659 trafficking cases were recorded from 2018 to 2022, underlining that trafficking is a significant systemic issue in India.
- The consistency of around 2,000 cases annually indicates an urgent need for strengthened policies, law enforcement measures, and increased community awareness.
- Challenges in Legal and Support Systems:
- Although thousands have been arrested in connection to trafficking in recent years, the conviction rates are exceedingly low.
- The disparity between arrests and convictions points to issues such as inadequate investigations and weak case presentations in court.
- Victims of trafficking, often from economically disadvantaged backgrounds, lack adequate support, which is compounded by challenges in disbursing victim compensation funds. This sometimes leads to victims turning hostile in court due to financial hardship and a lack of resources.
- Ineffectiveness of Current Measures:
- Despite enhancements in anti-trafficking units and intelligence efforts, the persistently low conviction rates underscore the need for improved law enforcement training, stronger victim support, and expedited compensation to handle cases more effectively.
- Legislative and Governmental Responses:
- The government had drafted the Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018, which was passed in the Lok Sabha but lapsed in 2019 without introduction in the Rajya Sabha, contributing to delays in establishing comprehensive anti-trafficking legislation.
- In lieu of establishing the OCIA, the government assigned the National Investigation Agency (NIA) the additional task of handling sex trafficking cases. However, the Supreme Court expressed concerns about the efficacy of this approach, questioning whether the NIA has the resources and mandate to provide adequate protection and rehabilitation services to trafficking victims.
- Judicial Considerations:
- The Supreme Court’s concerns also involve the application of recent legislative provisions such as those in the Bharatiya Nyaya Sanhita, 2023, which include sections addressing organized crime. The court is evaluating whether these measures provide a sufficient framework for addressing the complexities of sex trafficking.
How an Agency like OCIA Can Help to Tackle Sex Trafficking in India?
- OCIA can start units focused on sex trafficking and other forms of organized crimes in vulnerable areas such as urban centers and borders, activating trained operatives to gather intelligences and conduct rescue operations.
- Rapid response teams should be put in place for quick rescues, and coordination must be facilitated with NGOs providing rehabilitation services that would help in returning these victims back into society.
- A centralized database can track trafficked cases and offenders using predictive analytics for proactive intervention and better information sharing.
- OCIA can train police and border forces on trafficking cases and coordinate joint operations that may efficiently rescue or raid.
- OCIA can work with the neighboring countries to have joint operations, intelligence sharing, and legal assistance to apply for cross-border trafficking cases.
- OCIA can engage in advocacy campaigns for vulnerable populations and set up hotlines to ensure that there is a safe outlet to report activities regarding trafficking.
- OCIA can call for harsher laws and ensure that their enactment sees to the better care of victims and the serving of graver penalties in cases of traffic.
- OCIA can gather proofs and legal assistance to courts so that victims can be included in the cases brought against traffickers.
Measures Taken by India to Combat Human Trafficking
Constitutional and Legislative Framework
- Constitutional Prohibition:
- Article 23 (1) of the Constitution of India explicitly prohibits human trafficking and forced labor, establishing a constitutional basis for all related laws and actions.
- Specific Legislation:
- Immoral Traffic (Prevention) Act, 1956 (ITPA): Targets the prevention of trafficking specifically for commercial sexual exploitation.
- Criminal Law (Amendment) Act, 2013: Broadens the scope to include trafficking for physical and sexual exploitation, slavery, and organ removal.
- Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides robust protection for children against sexual abuse and exploitation.
Government Initiatives
- Anti-Trafficking Cell (ATC):
- Established by the Ministry of Home Affairs (MHA) to coordinate anti-trafficking efforts across various government and law enforcement bodies.
- Anti-Human Trafficking Units (AHTUs):
- Set up by the MHA, these units focus on the law enforcement response to human trafficking, excluding aspects that fall under the jurisdiction of the Department of Women & Child Development.
- Mission Vatsalya Program:
- A government initiative aimed at supporting child victims of crime, including those affected by trafficking.
-Source: The Hindu
