In a scathing critique of the Union government’s inaction, the Supreme Court has expressed its dissatisfaction with the Centre’s failure to fulfill promises made nearly a decade ago to combat sex trafficking in India. The Court’s bench, consisting of Justices JB Pardiwala and Pankaj Mithal, condemned the government’s failure to establish a dedicated Organised Crime Investigative Agency (OCIA) and to introduce a comprehensive anti-trafficking law, both of which were ordered in 2015. These commitments, which were supposed to be implemented by 2016, remain unaddressed.
The Supreme Court’s bench made its concerns clear, telling the additional solicitor general (ASG) Aishwarya Bhati, representing the Union government:
“You have clearly not complied with any of the two assurances made to this court. We are concerned because it is a serious matter.”
Despite these repeated assurances, the government has yet to establish the OCIA, a dedicated body designed to investigate organized sex trafficking networks. Moreover, the proposed Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, which had been passed in the Lok Sabha in 2018, was never introduced in the Rajya Sabha and ultimately lapsed when the Lok Sabha was dissolved in 2019.
The bench’s dissatisfaction was evident as it pointed out that the government had failed to implement measures that could directly benefit the growing number of sex trafficking victims across the country.
In response to the Court’s criticisms, ASG Bhati informed the bench that the government had decided to assign the National Investigation Agency (NIA) the additional responsibility of handling sex trafficking cases, instead of establishing the OCIA. However, the Court was unconvinced by this approach, questioning whether the NIA, an agency primarily tasked with tackling national security threats, had the resources or mandate to adequately protect and rehabilitate victims of sex trafficking.
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“What will NIA do? It can arrest and prosecute, but what can it do to protect or rehabilitate the victims of sex trafficking? We do not see the rationale here.”
The bench emphasized that while prosecution is crucial, the rehabilitation of victims is equally important. Without a clear and dedicated system for victim support, the long-term impact of any criminal action could be diminished.
The issue of cyber-enabled sex trafficking was also raised during the proceedings. Senior counsel Aparna Bhat, representing the petitioner Prajwala, pointed out that traffickers are increasingly using digital platforms and online networks to exploit victims, making traditional law enforcement strategies even more challenging.
The bench took note of these concerns, urging the government to factor in the evolving nature of trafficking, which now often includes online recruitment, exploitation, and distribution of victims. The Court instructed ASG Bhati to provide an updated response that would address the modern challenges posed by digital trafficking, alongside traditional forms of exploitation.
The Supreme Court reiterated the urgency of passing a comprehensive anti-trafficking law that addresses the multifaceted nature of sex trafficking, including the protection of victims and their rehabilitation. The Court underscored that trafficking is not just a criminal issue but a human rights violation that demands a robust legal and institutional framework.
In this context, the Centre’s failure to pass legislation that could establish a Victim Protection Protocol—ensuring rehabilitation for women and children affected by commercial sexual exploitation—was seen as a major setback. The Court highlighted that victims of sex trafficking often face long-term physical and psychological trauma, and their reintegration into society requires comprehensive protection and care, which current laws do not adequately provide.
The Court has now given the Union government three weeks to file a detailed affidavit outlining the progress of its anti-trafficking measures, including the status of legislative reforms and the creation of an investigative framework. The bench made it clear that effective directions would follow at the next hearing, urging the government to provide concrete updates on how it plans to address the sex trafficking crisis.
This decision follows a Public Interest Litigation (PIL) filed by the Prajwala NGO in 2004, which sought stronger measures to combat human trafficking, including the establishment of an OCIA. In 2015, the Court issued an order directing the Ministry of Home Affairs to set up the OCIA and make it operational by December 2016. The Ministry of Women and Child Development (MWCD) was also instructed to draft a comprehensive law against trafficking. However, as the timeline for these actions continued to lapse, Prajwala returned to the Court in 2022, arguing that the lack of action was leaving vulnerable individuals open to exploitation.
The latest plea filed by Prajwala, which was highlighted during the Court’s hearing, underscores the growing scale of sex trafficking in India. The organization pointed out that sex trafficking is now a multi-million-dollar industry, and traffickers are continuously evolving new methods to exploit victims. This makes the need for effective government intervention and a modernized legal framework even more pressing.
The petition further calls on the government to establish measures that would prevent the exploitation of women and children, pointing out that without a clear legal framework and a dedicated agency like the OCIA, the battle against sex trafficking will remain severely compromised.
The Supreme Court’s recent reprimand to the Union government highlights the grave and urgent need for comprehensive action against sex trafficking in India. The failure to establish the promised OCIA and pass anti-trafficking laws has left victims without adequate protection and rehabilitation. The Court’s stern directive for a detailed update from the government within three weeks reflects the urgency of addressing this issue, which continues to affect thousands of women and children across the country.
With trafficking evolving and utilizing modern technologies, India must adopt a multi-pronged strategy—encompassing law enforcement, victim protection, rehabilitation, and international cooperation—to truly combat the scourge of sex trafficking. The government must now act decisively to fulfill its promises and safeguard the vulnerable.
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