It asked the Centre to discuss the report of the National Legal Services Authority (NALSA) on prevention, rescue and rehabilitation of the victims of trafficking for commercial and sexual exploitation at this meeting.
The Bench headed by Justice AR Dave gave the directions after hearing senior advocate Dushyant Dave, who sought urgent directions for the authorities saying that the problem is grave. “We need to do something urgently,” he told the Bench which also comprised Justices Madan B Lokur and Kurian Joseph.
Dave, representing NGO ‘Prajwala’ which had moved the court against the trafficking of girls and women for commercial sexual exploitation, also lauded the <g data-gr-id="25">NALSA</g> for its recommendations.
The court noted that the Central Advisory Committee was scheduled to deliberate on NALSA’s recommendations on September 3 and directed that the Chief Secretaries of all states and union territories must participate in it.
It also directed the Centre to place before it the minutes of the meeting and file an affidavit within three weeks after September 3 meeting elaborating the steps likely to be taken by it on each recommendation of <g data-gr-id="36">NALSA</g> which was lauded by all in the court. The <g data-gr-id="37">NALSA</g>, in its report filed with the Apex Court, has suggested roles of various stakeholders in the prevention, rescue and rehabilitation of victims of trafficking for commercial and sexual exploitation. The report has sought a direction to the Centre that an organised crime investigation agency be set up to investigate the cases of human trafficking and organised crime.
“The court may direct the setting up of a committee by the central government to work out the modalities of setting up such a specialised agency,” it said.
“This court may direct that till such time an organised crime investigation agency is set up, the <g data-gr-id="30">Anti Human</g> Trafficking Unit (AHTU), which works under the ministry of Home Affairs, may be declared as a ‘thana’ for facilitating registration and investigation of cases,” it said.
Terming the women and children as “vulnerable to sexual exploitation”, the <g data-gr-id="34">NALSA</g> has recommended among other things a direction by the Supreme Court to the legislature to define term “sexual exploitation”. “...in the interregnum, this court may amplify the definition of sexual exploitation: sexual exploitation includes a situation where a person under coercion and absence of free will is used or abused or explicitly portrayed, either physically or through media in a sexual manner, for the benefit of another person, either through monetary gains, or compensation, or favours, or any arrangements, causing unlawful gain as a result of such act to any person and includes brokering relationships that are coerced,” it said.