Supreme Court Urges Comprehensive Rehabilitation Framework for Sex Trafficking Victims
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Supreme Court Urges Comprehensive Rehabilitation Framework for Sex Trafficking Victims
Expressing Deep Concern Over Human and Sex Trafficking
The Supreme Court of India has voiced grave concerns over the pervasive issue of human and sex trafficking, calling for urgent legislative action to establish a comprehensive rehabilitation framework for victims. A bench comprising Justices JB Pardiwala and Pankaj Mithal emphasized the sensitivity and importance of the matter, noting its implications on the fundamental rights to life, freedom, and personal security, particularly for vulnerable groups such as women and children.
Human Trafficking: A Crime Against Humanity
The court highlighted that human and sex trafficking dehumanize victims, leaving them vulnerable to severe physical and mental abuse. Victims are often subjected to:
- Physical and Mental Violence: Including life-threatening injuries and sexually transmitted diseases.
- Mental Health Issues: Victims frequently suffer from anxiety, PTSD, depression, and substance abuse.
- Social Alienation: Victims face ostracism and guilt, often being severed from family and community ties.
The bench underlined the urgency of providing victims with access to medical professionals and mental health experts to address their specific needs.
Impact on Education and Livelihood
The Supreme Court pointed out how trafficking disrupts education and economic prospects for victims:
- Victims are often forced to drop out of schools or colleges, making reintegration into formal education systems exceedingly challenging.
- Without advanced education and vocational training, victims are left unequipped to secure meaningful livelihoods.
This further isolates victims, leaving them more vulnerable to exploitation.
The Need for a Human Rights Approach
While law enforcement plays a critical role in preventing trafficking and prosecuting offenders, the court emphasized the equally vital need for legislative mechanisms to focus on:
- Victim Rehabilitation: Providing care, protection, and a path to reenter society.
- Human Rights: Building a supportive legal, social, and economic framework for victims.
The bench urged adopting a human rights-centric approach to ensure the well-being and empowerment of trafficking survivors.
Cyber-Enabled Trafficking: A Rising Threat
The Supreme Court acknowledged the increasing prevalence of cyber-enabled sex trafficking and called upon the Union government to address this issue comprehensively. It directed the Centre to propose steps for combating this modern dimension of trafficking.
Centre’s Actions and Supreme Court’s Directions
The apex court was hearing an application related to the Union government's 2015 commitment to establish an Organised Crime Investigating Agency (OCIA) and strengthen victim protection protocols. The Centre later informed the court of amendments to the National Investigation Agency (NIA) Act, 2008, aimed at tackling trafficking.
Key Directives from the Court:
1. The Centre must file a fresh affidavit within three weeks outlining proposed actions, including combating cyber-enabled trafficking.
2. Consideration of a comprehensive legal framework for victim rehabilitation.
3. Strengthening mechanisms for care, protection, and economic empowerment of victims.
The matter is scheduled for further hearing on December 10, 2024.
A Call for Action
The Supreme Court’s directives underscore the urgent need for a holistic response to trafficking. While combating trafficking at its root is vital, equal focus must be placed on ensuring victims receive the care, protection, and opportunities needed to rebuild their lives.
The court’s stance reinforces the principle that justice is not only about punishing offenders but also restoring dignity and rights to survivors.
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