CWJC No. 1882 of 2013. Case: Apne Aap Women Worldwide Trust India and Ors. Vs The State of Bihar and Ors.. High Court of Patna (India)
| Case Number | CWJC No. 1882 of 2013 |
| Counsel | For Appellant: Alok Kumar Choudhary and Nagendra Kumar, Adv.and For Respondents: P.N. Shahi and Ritesh Kumar, Adv. |
| Judges | V.N. Sinha and Prabhat Kumar Jha, JJ. |
| Issue | Bihar Police Act, 2007 - Section 19; Constitution Of India - Articles 23, 39, 45, 47; Immoral Traffic (prevention) Act, 1956 - Sections 13, 13(1)(2), 13(3), 15, 16, 17, 17A, 2(a), 21, 22, 22A, 23; Indian Penal Code 1860, (IPC) - Sections 370, 370A |
| Citation | 2015 (1) PLJR 268 |
| Judgement Date | November 20, 2014 |
| Court | High Court of Patna (India) |
Judgment:
V.N. Sinha, J.
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Petitioner-Trust, a Non-Government Organisation, has been established by well meaning public spirited citizens of India to provide for education, health care, legal protection and job skill to women and children found in the red light area by following the Gandhian principles of Antodaya (upliftment of the last woman), Ahinsa (nonviolence). Sex trafficking and prostitution are the worst form of violence against women. Any attempt to end sex trafficking, prostitution requires internalization of the principles of non-violence. The mission of the trust is to end trafficking of women and children. Its objectives are to support community based initiatives, to mitigate the circumstances of those trapped/caught by the sex industry/prostitution. Develop leadership amongst the affected to end sex trafficking and prevent inter-generational prostitution. Build linkages between grass-root activist and policy makers for ending sex trafficking. To create awareness in society on discrimination against women and girls, particularly issues relating to sex trafficking, prostitution, sexuality and violence against women and girls. Present writ petition was initially filed with 10 prayers contained in Paragraphs 1A to 1K. By filing I.A. No. 1656 of 2013 prayer was made to delete the prayer contained in Paragraphs 1E, 1G, 1H and 1I, which was allowed under order No. 4 dated 7.3.2013. The prayer which still survives in the writ petition is to direct the respondents to carry out their constitutional obligation enshrined in Article 23 of the Constitution by strictly enforcing the provisions of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the Act) and to conduct operations in red light area/other areas in presence of women social worker, to direct the State respondents to appoint Special Police Officers not below the rank of Inspector for dealing with the offences under the Act and to maintain the victims rescued in shelter homes certified by the State Social Welfare Department as per IT(P)A norms. Further prayer made, in the writ petition is to direct the respondents to enforce the directions of the Supreme Court issued in the case of Budhadev Karmaskar v. State of West Bengal, AIR 2011 Supreme Court 2636.
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In the light of the prayer made in the writ petition State respondent No. 1 filed counter affidavit duly affirmed by the Principal Secretary, Department of Home asserting that to combat social evil of human trafficking in Bihar the Department of Social Welfare has formulated State Plan of Action called ASTITVA providing for integrated approach by several Departments of the Government (Education, Rural Development, Social Welfare, Labour, Human Resources, Health, Police, District Administration etc.) vide resolution of the Government issued from Social Welfare Department bearing No. 595 dated 31.12.2008. The basic objectives of ASTITVA are as follows:-
"i. To prevent, control and eradiate human trafficking, ensure qualitative action at source, transit and destination areas of trafficking.
ii. Ensure and prioritize proper rescue, rehabilitation and sustainable repatriation with special emphasis on livelihood, socio-economic empowerment.
iii. Human trafficking is an organized crime, therefore, ensuring legal action against pimps, traffickers etc.
iv. Ensuring sensitization, mobilization and capacity building of Government/Non-Government bodies for minimizing the vulnerability of human trafficking in the State."
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Perusal of resolution notifying ASTITVA-BIHAR indicates that there is State, District Level Anti Human Trafficking Coordination Committee established under the Chairmanship of Chief Secretary of the State and District Magistrate of the district concerned. It also indicates that Anti Human Trafficking Task Force, has been constituted at both State, District Level under the Chairmanship of Director General of Police and Superintendent of Police concerned. Besides Anti Human Trafficking Prosecution Monitoring Committee has also been established both at the State, District Level under the Chairmanship of Director General Prosecution and the District Magistrate concerned. Further perusal of resolution of the Government formulating ASTITVA indicates that Village Level Anti Human Trafficking Bodies, Cross-Border Anti Human Trafficking Prevention Bodies are also required to be constituted. The Director General of Police under his Memo No. 30 dated 17.6.2009 constituted Anti Human Trafficking Unit (AHTU) in the district situate on the borders of the State. Besides there are three other units under the control of Additional Director General of Police, C.I.D. working in C.I.D., Bihar, Patna, I.G., Muzaffarpur Zone and D.I.G., Magadh Range, Gaya. The Director General of Police, Bihar under Memo No. 185 dated 27.9.2011, 187 dated 24.10.2011 and 201 dated 23.11.2011 appointed all Zonal I.G., Range D.I.G. and Superintendent of Police including Rail as Nodal Officer in their respective jurisdiction to enforce the provisions of the Act. It has further been averred in the counter affidavit that participation, coordination of activities by the different Departments of the Government is necessary to minimize the cases of trafficking, rescue and rehabilitation of victims and for ensuring such participation, coordination I.G. of Police (Weaker Section), C.I.D. requested the Principal Secretary, Home Department vide his letter No. 112 dated 10.6.2011 and letter No. 148 dated 10.7.2012 to direct the District Magistrate to include one officer from each concerned department in AHTUs constituted in districts to provide strength and make AHTUs more effective. The Home (Special) Department under letter No. 11159 dated 30.6.2011 directed all the District Magistrates of Bihar to include one officer from each concerned Department in AHTUs constituted in the district. It has further been averred in the affidavit that for the success of State Plan of Action to contain the menace of human trafficking training of the officers including police officer is necessary. Training of Trainers (TOTs) programme for the police officers and officers from other concerned department is being conducted in workshop at State level. The trainers are being used to impart training at district level workshop. I.G. (Weaker Section), C.I.D. issued instruction to all the Superintendent of Police of Bihar to organize workshop for training of the police officers in the district under his letter No. 210 dated 5.12.2011. He also issued letter No. 207 dated 29.11.2011 and 128 dated 27.6.2012 to persuade the police officers to take admission in human trafficking certificate course conducted by Indira Gandhi National Open University. It has also been stated in Paragraph 12 of the affidavit that Home (Special) Department informed the Social Welfare Department under letter No. 3740 dated 26.4.2011 that appointment and training of Special Police Officers under Section 13 of the Act is to be made by the Social Welfare Department by adopting the procedure prescribed under Section 19 of the Bihar Police Act. In Paragraph 13 of the counter affidavit it has been stated that it is important to prepare a data base of missing children and women, rescued victims and human traffickers for effectively curbing the menace of human trafficking. In this regard Social Welfare Department of the Government had issued instruction contained in letter No. 1161 dated 18.5.2012, 1284 dated 20.6.2012, 1464 dated 12.7.2012. In turn I.G. (Weaker. Section), C.I.D., Bihar has also issued instructions under letter No. 197 dated 21.11.2011, 162 dated 24.7.2012 to all the Superintendent of Police of Bihar directing them to submit monthly compliance report in the prescribed proforma to Social Welfare Department.
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A separate counter affidavit has also been filed on behalf of respondent Nos. 2 to 6 stating that the Department of Social Welfare, Government of Bihar is serious in dealing with the anti human trafficking and has framed State Action Plan called ASTITVA to combat human trafficking which has been notified in Bihar gazette vide notification No. 595 dated 31.12.2013, which is perhaps mistake for 31.12.2008 whereunder different committees have been constituted at State, District Level to deal with the issues related to human trafficking i.e. prevention, raid & rescue and rehabilitation of trafficked victims. It has also been averred in the said affidavit that in the light of the order passed by this Court dated 29.10.2013 reports have been sought from all the District Magistrates regarding cases registered against human trafficking as well as rehabilitation details of trafficked victims in format contained in letter No. 2787 dated 25.11.2013. In Paragraphs 6, 7 of the affidavit it has been averred that State has also formulated scheme/created fund for providing rehabilitation support to the women victim of violence including victim of human trafficking, domestic violence and other violence which is known as social rehabilitation fund and Rs. 95.10 lakhs has been allocated for the 38 districts of the State for extending support to the women victim, out of which Rs. 21.13 lakhs was disbursed amongst 402 victims.
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By filing supplementary counter affidavit on behalf of respondent No. 2 further statement has been made that the District Level Anti Human Trafficking Unit has been formed in all the districts of Bihar which meets on regular basis to deal with the issues relating to human trafficking, such as, prevention, raid & rescue and rehabilitation of trafficked victims. In the said affidavit it has further been stated that to build the capacity of different functionaries involved in the Anti Human Trafficking Programme steps are being taken in the light of the guidelines of the Government of India to sensitize, develop the capacity of the officers by imparting training to not only the officers but also to the trainers. In Paragraph 7 of the...
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