PIL in SC relating to human trafficking and smuggling

A PIL was filed in the Supreme Court relating to human trafficking and smuggling. The PIL also sought direction from the Centre to examine International Laws relating to Trafficking and Smuggling and take appropriate steps to insert a special chapter on these offences in the Indian Penal Code.

New Delhi:A PIL was filed in the Supreme Court Friday seeking directions to the Centre and the States to take appropriate steps to seize cent per cent benami properties and disproportionate assets and invoke the National Security Act against the criminals, directly or indirectly involved in Human Trafficking and Smuggling.

'Human trafficking is a serious crime and a grave violation of human rights and sexual exploitation of children is worse than any other offence. However, due to weak outdated ineffective laws and deep-rooted corruption, human trafficking is continuing, not only for sexual exploitation, bonded labor, begging, drug peddling-smuggling. Not only women & children but also men and transgenders are subject to human trafficking,' said the plea filed by advocate and BJP leader Ashwini Kumar Upadhyay.

The PIL also sought direction to Centre to examine International Laws relating to Trafficking and Smuggling and take appropriate steps to insert a special chapter on these offences in the Indian Penal Code.

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'In alternative, the court may direct the Law Commission of India to examine International Laws and best practices related to Human Trafficking and Smuggling and prepare a report within three months,' the plea filed through advocate Ashwani Kumar Dubey, said. The plea also said that Section 31 of Code of Criminal Procedure (CrPC) shall not apply to the penal provisions relating to human trafficking and smuggling and sentence for committing such crime shall be consecutive, not concurrent.

Section 31 of CrPC states,'When a person is convicted at one trial of two or more offences, the Court may sentence him for such offences, to the several punishments prescribed which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.'

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PTI