'Legislative Vacuum Regarding Rehabilitation Framework For Victims' Of Sex Trafficking': SC Seeks Centre's Response

A Supreme Court bench comprising Justices J B Pardiwala and Pankaj Mithal was hearing the matter about the rehabilitation framework for victims of sex trafficking.

New Delhi:The Supreme Court has said that legislative mechanisms must focus on providing care, protection and rehabilitation to the victims of trafficking while pointing at the legislative vacuum in connection with the establishment of a comprehensive rehabilitation framework for victims of sex trafficking, and sought Centre's response on the issue.

A bench comprising Justices J B Pardiwala and Pankaj Mithal said: "We may only say that the issues involved in this litigation are highly sensitive and important. They relate to the protection that needs to be afforded to the victims of sex trafficking. Human and sex trafficking are crimes that dehumanises the victim and violates the victim's right to life, freedom and personal security”.

The bench said the vulnerable sections of society, especially women and children are disproportionately affected in such crimes, and directed the Centre to consider the issue and file an affidavit regarding it.

The bench said the victims of such crimes are often mistreated by their traffickers and have to endure physical and mental forms of violence that are inflicted upon them. It said that they stand at a greater risk of sustaining several life-threatening injuries and contracting infections and illnesses, including sexually transmitted diseases.

The bench said, additionally, the mental health consequences can range from anxiety disorders, Post Traumatic Stress Disorder (PTSD), depression and substance abuse as well, and added that a majority of such victims may require continuous access to doctors and other mental health professionals who can tend to their specific needs.

"Alienation and ostracism by the larger society is also inherently associated with such crimes. Individuals who are trafficked are often abruptly alienated from their immediate family and other social groups due to the attribution of sentiments like guilt and shame on the victims," said the bench, in an order passed on November 12.

The bench said this has the unfortunate consequence of them being further isolated, secluded and withdrawn from society and the crime is also of such nature that it seriously hampers the pursuit of further education and learning.

"Once the victims stop going to schools or colleges, it is all the more difficult to reintroduce them into the formal education system and equip them with advanced education which is quintessential for their right to live freely. Victims might also need support in order to get job opportunities and secure their means of livelihood," it said.

The apex court said the prevention of trafficking of persons, along with the prosecution and punishment of the offenders who commit such heinous crimes are important, yet it is equally important that legislative mechanisms focus on providing care, protection and rehabilitation to the victims of trafficking.

"This must be done by creating a larger legal, economic and social environment that secures the well-being of the victims. It is the need of the hour to adopt a human rights and rehabilitative approach to such crimes," said the bench.

The top court said there exists a legislative vacuum as regards the establishment of a comprehensive rehabilitation framework for victims of sex trafficking, which needs to be urgently considered by the Union and it is their responsibility to take earnest and prompt measures to address the same.

The apex court granted three weeks’ time to the Union, represented by additional solicitor general Aishwarya Bhati, to file its reply in the matter. Senior advocate Aparna Bhat represented the petitioner.

"It was also pointed out in the last by the learned counsel appearing for the petitioner that there has been a phenomenal increase in cyber-enabled sex trafficking. The Union shall also look into this aspect and suggest what steps can be taken in this regard," said the bench, while scheduling the matter for further hearing on December 10.

The apex court was hearing a plea seeking compliance of a 2015 judgment on victims of sexual assault.