Supreme Court Highlights Delay in Anti-Trafficking Measures

On 12th November 2024, the Supreme Court of India expressed frustration with the Union government’s delay in establishing a dedicated Organised Crime Investigative Agency (OCIA) to combat sex trafficking, a commitment made nearly a decade ago.

Key Points

Alternative Proposal: Additional Solicitor General, representing the government, suggested the National Investigation Agency (NIA) would assume responsibility for trafficking cases.
The bench questioned this plan, noting NIA’s limitations in offering victim protection and rehabilitation services.
Call for Legislative Action: The Supreme Court highlighted the necessity of an anti-trafficking framework, urging the government to address the gaps.
Although the Bharatiya Nyaya Sanhita, 2023 includes provisions on organized crime, a dedicated trafficking law remains pending.
Digital Age Challenges: Prajwala, an NGO petitioner, pointed out that traffickers increasingly exploit online platforms, complicating the issue further.
The court emphasized the need for the government to incorporate measures addressing cyber-enabled trafficking.
Past Legislative Efforts: The proposed Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, passed in the Lok Sabha in 2018, lapsed in 2019 without Rajya Sabha’s consideration.