Supreme Court Upholds Trafficking Victims’ Rights
The Supreme Court of India has recently devised detailed guidelines to ensure the rescue, protection, and rehabilitation of individuals trafficked for commercial sexual exploitation. The ruling emphasizes that victims have an inherent right to rehabilitation under Articles 21 and 23 of the Indian Constitution, as highlighted in the case of Prajwala Vs Union of India. A bench comprising Justices JB Pardiwala and R Mahadevan has formulated a ‘Victim Protection Plan’ to guide interventions across all phases, including pre-rescue, rescue, post-rescue, rehabilitation, repatriation, reintegration, prosecution, trial, prevention, and training.
Justice JB Pardiwala and Justice R Mahadevan clarified that at no point should victims be treated as criminals or face measures typically associated with criminal liability. “Victims shall not, at any stage, be treated as criminals or subjected to measures associated with criminal liability. All actors shall at all times accord them the status of a crime victim,” emphasized the Court.
Background of the Ruling
The judgment arose from a public interest litigation filed by Prajwala, an anti-trafficking organization, in 2004. Despite prior promises, the Court found the absence of a comprehensive framework for victim protection. It criticized the existing structures, stating, “To put it simply, it is what existed in 2015 that continues till date,” thereby rejecting the Union government’s stance on the sufficiency of existing frameworks. The lack of a clear, binding protocol on victim handling was deemed a significant oversight, which could undermine rescue efforts.
The Court issued directions under Articles 32 and 142 of the Constitution to detail preventive, protective, and rehabilitative measures safeguarding trafficking victims’ fundamental rights. The newly framed Victim Protection Plan is based on six principles: primacy of human rights and dignity, non-criminalization, informed consent, non-stigmatization and non-discrimination, safety and protection, and privacy and confidentiality.
Key Directives of the Victim Protection Plan
The Court emphasized that no protective or rehabilitative measure should be imposed on victims without their informed consent unless exceptional circumstances for their safety warrant it. Furthermore, a victim’s protection should not depend on their cooperation with law enforcement or participation in legal proceedings.
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The Court mandated that statements from rescued individuals should only be recorded after ensuring their safety and addressing initial trauma. It was specified that rescued persons should not be detained overnight at police stations or Anti-Human Trafficking Units (AHTUs). Adult victims should be presented before a Magistrate, while child victims should be presented before the Child Welfare Committee. In cases of age ambiguity, the individual should be treated as a child until the Child Welfare Committee determines otherwise.
Additional Guidelines and Recommendations
The Supreme Court urged the Union government to contemplate comprehensive legislation addressing trafficking, including cyber-enabled human trafficking. It recognized technology’s role in facilitating trafficking activities, emphasizing the need for a robust legal framework.
Additionally, the guidelines specify that AHTUs should be led by DSP-rank officers and include at least two female police officers. Cybercrime officers should also be incorporated where possible. AHTUs are designated as district-wide police stations for trafficking cases and should include officials from various departments such as Women and Child Welfare, Labor, Social Welfare, Health, and Prosecution. AHTUs must maintain and update databases of traffickers and victims, with information relayed to the National Crime Records Bureau.
Rescue teams are advised to include NGOs or social workers alongside police and government officials, ensuring victims can safely retrieve personal belongings. The guidelines stress the importance of not photographing or videographing victims during rescue operations and prioritizing emergency medical or trauma care.
The Ministry of Home Affairs Anti-Human Trafficking Cell is tasked with developing standardized training materials and reaching district-level officers with training programs.
In conclusion, the Supreme Court’s decision marks a pivotal step in ensuring the protection and dignity of trafficking victims, underscoring the commitment to uphold their fundamental rights.
