PRAJWALA Vs UNION OF INDIA .
Bench: ANIL R. DAVE,MADAN B. LOKUR,KURIAN JOSEPH
Case number: W.P.(C) No.-000056-000056 / 2004
Diary number: 2294 / 2004
Advocates: APARNA BHAT Vs
GOPAL SINGH
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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
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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.
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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.
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