Page 1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL ORIGINAL JURISDICTION

            WRIT PETITION (C) NO.56 OF 2004

        PRAJWALA                       ... PETITIONER(S)                 VS.

        UNION OF INDIA & ORS.          ... RESPONDENT(S)

    J U D G M E N T

ANIL R. DAVE, J.

1. Heard the learned counsel.

2. We  have  gone  through  the  affidavit  dated  16th  

November, 2015 filed  on  behalf  the  Ministry  of  Women  &  

Child Development, Government of India.

3. It has been submitted in the said affidavit that the  

Ministry of Home Affairs shall set up the “Organized Crime  

Investigative  Agency”  (OCIA).   We  hope  that  before  30th  

September, 2016, OCIA shall be set up and also hope that it  

is made functional before 1st December, 2016 looking to the  

importance of the issue before us.

4. We also record the fact, as mentioned in the Office  

Memorandum dated 16th November, 2015, that the Ministry of  

Women & Child Development has taken a policy decision to  

constitute a Committee under chairmanship of the Secretary,  

Ministry of Women & Child Development, Government of India,  

for preparing a comprehensive legislation dealing with the  

1

Page 2

subject of trafficking.

5. The  afore-stated  Committee  is  to  work  on  the  

following terms and reference :

• To study the various Acts/Legislations under  

the  purview  of  different  Ministries/  

Departments relating to various aspects of  

trafficking.

• To  consider  the  gaps  in  the  existing  

legislation,  from  the  point  of  view  of  

prevention, pre-rescue, rescue, post-rescue  

and rehabilitation aspects.

• To strengthen victim protection protocol so  

as  to ensure  that  victims  are  treated  as  

victims not as offenders.

• To  draft  a  comprehensive  legislative  

framework  covering  all  aspects  of  

trafficking, as may be considered necessary.

• To provide  for adequate  shelter  homes  for  

the rescued victims.

• To prepare a comprehensive  policy for law  

enforcing  agencies,  including  for  lady  

police officers for handling the victims of  

trafficking.  

6. We are sure that the Committee shall do the needful  

at an early date so that appropriate law can be enacted on  

the subject.  We hope that the Committee shall prepare and  

submit its report preferably in six months.

7. In view of the above development in the matter, this  

petition  does  not  survive.   The  writ  petition  is,  

accordingly disposed of.

2

Page 3

8. We  record  our  appreciation  for  Prajwala  and  Dr.  

Sunitha  Krishnan  for  bringing  such  an  important  and  

humanitarian issue to our notice and for able assistance  

rendered by learned Senior Counsel Mr. Dushyant Dave and  

Ms. Indu Malhotra, learned Additional Solicitor General Mr.  

N.K. Kaul and learned Advocate Ms. Aparna Bhat, National  

Legal Services Authority and other learned advocates in the  

process  of  disposing  of  this  case  relating  to  social  

problems.

I.A.Nos.3 to 5 of 2015 (For impleadment):

9. A statement has been made on behalf of the Union of  

India that if any suggestion is made by anybody including  

the applicants to the Ministry of Home Affairs, the same  

will be looked into.

11. In view of the above statement made on behalf of the  

Union of India, I.A.Nos.3 to 5 of 2015 are disposed of.

..............J. [ANIL R. DAVE]

..............J. [MADAN B. LOKUR]

..............J. [KURIAN JOSEPH]

New Delhi; 9th December, 2015.

3