The Supreme Court on Wednesday asked the Union ministry of home affairs to set up the Organised Crime Investigative Agency for prevention, rehabilitation and rescue of the victims of child trafficking
The Supreme Court on Wednesday asked the Union ministry of home affairs to set up the Organised Crime Investigative Agency for prevention, rehabilitation and rescue of the victims of child trafficking and sexual exploitation within a year. A three-judge bench of Justices Anil R. Dave, Madan B. Lokur and Kurian Joseph disposed of a petition filed by an NGO Prajwala in 2004, highlighting the problems of trafficking of children and women for sexual exploitation.
On behalf of the Centre, it was submitted that '100 crores will be set up for the purpose of OCIA, which will be constituted within six months after getting the approval.
Taking note of this submission, the bench asked the government to constitute the agency on or before November 30, 2016 and make it operational from December 1, 2016.
The OCIA will oversee the issues of cross-border trafficking, rescue and rehabilitation and repatriation of foreign nationals and will be responsible for policy and evaluation of implementation of the policy.
The Centre submitted that a committee has been set up to consider and suggest a comprehensive legislation to tackle all aspects of trafficking.
In the light of this submission, the bench granted six months for the committee to submit its report. In its report, NALSA wanted the government to amend the Immoral Traffic (Prevention) Act to define “Sexual Exploitation” to include a situation where a person under coercion and absence of free will is sexually used or abused, or explicitly portrayed, either physically, or through media (print, electronic, internet) in a sexual manner, for the benefit of another person(s), either through monetary gains, or compensation, or favours, or any other arrangement, causing unlawful gain as a result of such act to any person and includes brokering relationships that are coerced.
The petitioner said, “a large number of victims reach a stage wherein they feel that the confines of the brothel is actually their life and means to livelihood and begin to acknowledge that the crime and violence inflicted on them is actually “work.”
