SC demands comprehensive support system for victims of human trafficking
The Centre informed the top court that instead of the formation of OCIA, amendments have been made to the National Investigation Agency (NIA) Act, 2008 to deal with the issue. It has now granted three weeks to Centre to file a fresh affidavit highlighting the steps the Union intends to take.
The Supreme Court of India has expressed serious concern over the issue of human and sex trafficking, highlighting the urgent need for a comprehensive rehabilitation framework to support victims. The apex court emphasized that the Union Government must take prompt and decisive steps to address the legislative vacuum in providing care, protection, and long-term rehabilitation for victims of such heinous crimes.
Supreme Court Highlights the Gravity of the Issue
A Bench comprising Justices JB Pardiwala and Pankaj Mithal described sex trafficking as a "highly sensitive and important" issue, underscoring the severe physical, emotional, and social consequences faced by victims. "Human and sex trafficking dehumanize victims and violate their fundamental rights to life, freedom, and security. Vulnerable sections, particularly women and children, are disproportionately affected," the Bench observed in its November 12 order.
The court noted that victims often endure physical abuse, mental trauma, and life-threatening injuries, including a heightened risk of contracting sexually transmitted diseases. Mental health consequences such as anxiety, PTSD, depression, and substance abuse were also emphasized, with the Bench urging continuous access to medical and psychological care for survivors.
Barriers to Education and Social Reintegration
The order further highlighted how trafficking disrupts victims' education and isolates them from society. Many survivors face alienation, ostracism, and stigmatization, which hamper their ability to reintegrate into educational systems and secure employment. "Rehabilitation must focus on equipping victims with advanced education and job opportunities to ensure their right to live freely," the court stated.
Call for a Holistic Approach
While lauding efforts to prevent trafficking and prosecute offenders, the court stressed the importance of creating a supportive legal, economic, and social environment for survivors. It called for a human rights-based and rehabilitative approach to address the issue comprehensively.
Centre’s Response and Further Actions
The court was hearing a plea seeking compliance with its 2015 directive to strengthen the Victim Protection Protocol and consider establishing an Organised Crime Investigating Agency (OCIA). However, the Centre informed the court that amendments to the NIA Act, 2008, were made instead. The Bench has granted the government three weeks to submit a detailed affidavit outlining its plans, including measures to combat cyber-enabled sex trafficking. The matter is scheduled for further hearing on December 10.