1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1694 OF 2003
PRERANA … … PETITIONER
VS.
STATE OF MAHARASHTRA & ORS. … RESPODNENTORAM: SMT. RANJANADESAI &
D. B. BHOSALE, JJ.
DATED : 18-4-2007
ORALORDER :-(Per Smt. Ranjana Desai,J.)
We have heard the learned Counsel for the petitioner and
thelearned counsel for the respondents for a considerable length. Both
fairly stated that the petition can be disposed of by giving extensive
directions and this court need not give reasons for the said directions.
Hence we pass the following directions:2
1 (a) “Anti-Trafficking Cell” of the police shall be created and established
at the different levels in the police force, and such Cells shall be
appropriately staffed.
(b) In every district at the level of the Local Crime Branch a Senior
Police Inspector shall be designated as head of the “Anti-Trafficking
Cell” having jurisdiction all over the district.
(c) At the Commissionerate level, a police officer of the rank of DCP
shall be designated as head of the “Anti-Trafficking Cell” having
jurisdiction all over the area falling under such Commissionerate.
(d) Upon a raid under ITPA being conducted by the Special Police
Officer, the concerned “Anti-Trafficking Cell” shall be forthwith
informed of the same to enable such Cell to supervise the
investigation.
(e) An “Anti-Trafficking Cell” shall be created at the State level under
the direct charge of the Deputy Inspector General of Police having
jurisdiction all over Maharashtra.3
2 (a) The Petitioner within 3 months shall prepare a list of suitable
persons in every district who may be associated with the Special
Police Officers to advise them in carrying out their functions under ITPA
as envisaged under section 13(3)(b) of ITPA.
(b) The State Government within 2 months of receipt of the
aforementioned list shall issue a Notification to associate such
persons with the Special Police Officers as a non- official advisory
board to advise them on the implementation of ITPA, and the said
Notification shall be circulated amongst all police stations in
Maharashtra.
(c) The State Government shall circulate the said list amongst
Magistrates all over Maharashtra to enable them to take the
assistance of such persons whilst carrying out their functions under
section 17(2) of ITPA as envisaged under section 17(5).
3. The Special Police Officers are directed :
(a) to seek the association of the persons mentioned in the
said list at clause 2(a) from the stage of raid till completion
of trial;4
(b)to produce before the Magistrate within 24 hours all those
persons found on the brothel premises, including the
rescued victims;
(c) to produce upon rescue operations an apparent child
victim before the Child Welfare Committee;
(d)to immediately upon rescue operations contact a lawyer
nominated by the Maharashtra State Legal Services
Authority on the panel constituted to provide free legal-aid
to the rescued victims for protecting the interests of the
rescued victim;
(e) to record the detailed statements of the rescued victim at
the place of safety in the presence of the persons
mentioned in the said list and / or the Superintendent /
Probation Officer / responsible staff of the institution;
(f) to seize / recover the personal belongings and documents
of the rescued victims at the time of rescue operation or
soon thereafter, and to hand the same to the concerned
rescued victim;5
(g) (i) to recover the child or children of the rescued victim at
the time of raid or soon thereafter, and to reunite the child
or children with their mother;
(ii) to separate the child or children from their mother only
on a reasoned order being passed on inquiry by the Child
Welfare Committee under the Juvenile Justice [Care and
Protection of Children] Act 2000;
(h)to separate the rescued victims from the offenders
immediately upon the rescue operation;
(i) to convey the rescued victims and the offenders in separate
vehicles from the brothel to the place of safety / police
lock-up or from the place of safety / police lock-up to the
court;
(j) to place the rescued victims in a place of safety
immediately upon the rescue operation, and in no event
should the rescued victim be kept in the police station;
(k) upon raid of a brothel, to immediately inform the District
Magistrate or Sub-Divisional Magistrate of the same, with a6
request to initiate action under section 18(1) of ITPA for
closure of the brothel;
4. The State Government is directed :
(a) to take measures to ensure that the institutions housing
rescued women and children are equipped with basic
amenities, and are clean, pollution free and well
ventilated;
(b)to appoint at least 2 Counsellors for each State-run
Protective Home expeditiously, preferably within six
months;
(c) to include the appointment of Counsellors as a mandatory
condition for granting license to private institutions
housing rescued victims;
(d)to appoint at least 2 Probation Officers for each State-run
Protective Home;
(e) to fill the staff vacancies in each State-run Protective
Home;7
(f) to provide the rescued victims with an opportunity to avail
of formal education in the institutions, especially literacy
programmes;
(g) to extend the Vocational Training Scheme presently
pending approval of cabinet to Protective Homes;
(h)to frame Rules under section 23 of ITPA, especially for
carrying into effect the provisions of section 18;
(i) to include training on law related to children, including
ITPA, on the curriculum of the Judicial Officer’s Training
Institute, Nagpur;
(j) to include training on law related to children, including
ITPA, on the curriculum of the Police Training Academy;
(k) to constitute Special Courts as envisaged under section
22A of ITPA within 6 months.
5. The Superintendents of the institutions housing rescued
child victims or major victims are directed :8
(a) that no person shall be allowed access to a rescued child
victim / major victim without permission of the Child
Welfare Committee / Magistrate, as the case may be;
(b)that on the aforementioned permission being granted by
the Child Welfare Committee / Magistrate, such person
shall be given access in the presence of the
Superintendent or Probation Officer or any other
responsible staff of the institution;
(c) that the Superintendent or Probation Officer or any other
responsible staff of the institution shall accompany the
rescued child victim / major victim in the event of such
rescued victim having to go outside the institution
premises.
6. The Magistrates and Sessions Judges are instructed :
(a) to ensure the presence of a Counsellor in court whilst a
rescued child victim’s testimony is being recorded;9
(b)to provide the rescued child / major victim with the
assistance of a lawyer nominated on the panel constituted
by the Maharashtra State Legal Services Authority;
(c) to seek the assistance of lawyers nominated on the panel
constituted by the Maharashtra State Legal Services
Authority as friend of the court [amicus curae];
(d)to pass orders under section 18(1) of ITPA when
convicting a person of an offence under section 3 and/or
Section 7 of ITPA;
(e) to get verified the rescued victim’s documentary evidence
of age if the same shows her to be a major by directing the
concerned police personnel to ascertain its veracity with
the authority that has issued the said document and file a
report before the court;
(f) to order a second medical examination to ascertain the
age of the victim to be conducted by a medical officer
attached to another public hospital, in case the results of
the first medical examination are under doubt. Age
verification shall be done in (1) Nair Hospital, Mumbai10
Central, (2) St. Georges Hospital, Mumbai (3) Cama and
Albles Hospital, Mumbai and (4) Lokmanya Tilak Medical
Hospital, Sion, Mumbai, and all civil hospitals at District
Headquarters and rural hospitals in mofussils.
(g) to record the testimony of the rescued child / major
victim within 1 month of the charge-sheet being filed so
that the victim’s rehabilitation is not hindered;
(h)to expedite the trial of cases relating to trafficking and
commercial sexual exploitation, and preferably to dispose
of such cases within 6 months of the charge-sheet being
filed.
7. The Magistrates are directed to follow the following procedure
when rescued major victims of trafficking are brought before them :
(a) The Magistrate shall, after giving an opportunity of being
heard to the rescued major victim, cause an inquiry to be
made by the Probation Officer as to the correctness of the
information received under Section 15 (1) or Section 16 (1) of
ITPA, as the case maybe, the age, character, circumstances
and antecedents of the person and the suitability of her11
parents, guardian or husband for taking charge of her and the
nature of the influence which the conditions in her home are
likely to have on her if she is sent home and the prospects of
her rehabilitation as stipulated under Section 17 (1) of ITPA;
(b) The inquiry by the Probation Officer should be completed as
expeditiously as possible and in any case within three weeks
of the date of the order;
(c) During the period of such inquiry by the Probation Officer,
the major victim shall be kept in a place of safe custody and
she should not be kept in the custody of any person likely to
have a harmful influence over her;
(d) The Magistrate shall consider the report of the Probation
Officer in consultation with the persons mentioned in the
said list under Section 17 (5) of ITPA [item No.2(c) above] and
thereafter pass appropriate orders under the Act of
rehabilitation, repatriation or release, as the case maybe.
8. The Magistrates are directed to initiate prompt action when
an application under section 16 of ITPA is filed before them
so that the victim is rescued from the flesh trade.12
9. The Maharashtra State Legal Services Authority are directed :
(a) To provide free legal-aid to the rescued victims
immediately upon the rescue operation and till
completion of trial;
(b)to distribute the names and particulars of the lawyers to
all Magistrates and Sessions Judges and Child Welfare
Committees.
10. The Auditor General shall consider and decide within 1
month the proposal pending before him about providing petty cash
to Superintendents of State-run institutions.
11(a) The Public Works Department shall complete the
construction of the institution for rescued victims under
Swadhar Project in Mumbai expeditiously and preferably within
two years;
(b) The Women & Child Development Department,
Government of Maharashtra shall make operational the
institution for rescued victims under Swadhar Project in13
Mumbai within 2 months from completion of its
construction.
12. Trafficking Police Officer shall investigate cases registered under
ITPA as contemplated under Section 13(4) thereof or assist any
investigation of any cases under ITPA.
13(a) The State Legal Advisory Committee to formulate an
effective rehabilitation programme, including the mode of
its implementation, within 4 months of its constitution. S
L A C mayinvolve the corporate sector and employment
agencies in their rehabilitation project.'
(b) The Women & Child Development Department,
Government of Maharashtra shall implement the
rehabilitation programme in all its institutions housing
victims of trafficking and commercial sexual exploitation.
© The S L A C shall annually evaluate the rehabilitation
programme, and submit its evaluation report with its
suggestions to the State Level Advisory Committee and the
Women and Child Development Department,
Government of Maharashtra for appropriate action.14
14 (a) The Maharshtra State Commission for Women shall
research and publish annual reports with regards to the scale
and incidence of trafficking of women and children for
commercial sexual exploitation.
(b) The Women and Child Development Department,
Government of Maharashtra to make operational within
two months the software titled “Victim Trafficking
Registry”, and the data so collected to be kept onfidential for
use of the government departments and police officials to
optimize social and legal intervention. The petitioner
shall render all active assistance for establishing this
Registry.
15. Petition is disposed of.
JUDGE.
JUDGE.151617
Print Page
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1694 OF 2003
PRERANA … … PETITIONER
VS.
STATE OF MAHARASHTRA & ORS. … RESPODNENTORAM: SMT. RANJANADESAI &
D. B. BHOSALE, JJ.
DATED : 18-4-2007
ORALORDER :-(Per Smt. Ranjana Desai,J.)
We have heard the learned Counsel for the petitioner and
thelearned counsel for the respondents for a considerable length. Both
fairly stated that the petition can be disposed of by giving extensive
directions and this court need not give reasons for the said directions.
Hence we pass the following directions:2
1 (a) “Anti-Trafficking Cell” of the police shall be created and established
at the different levels in the police force, and such Cells shall be
appropriately staffed.
(b) In every district at the level of the Local Crime Branch a Senior
Police Inspector shall be designated as head of the “Anti-Trafficking
Cell” having jurisdiction all over the district.
(c) At the Commissionerate level, a police officer of the rank of DCP
shall be designated as head of the “Anti-Trafficking Cell” having
jurisdiction all over the area falling under such Commissionerate.
(d) Upon a raid under ITPA being conducted by the Special Police
Officer, the concerned “Anti-Trafficking Cell” shall be forthwith
informed of the same to enable such Cell to supervise the
investigation.
(e) An “Anti-Trafficking Cell” shall be created at the State level under
the direct charge of the Deputy Inspector General of Police having
jurisdiction all over Maharashtra.3
2 (a) The Petitioner within 3 months shall prepare a list of suitable
persons in every district who may be associated with the Special
Police Officers to advise them in carrying out their functions under ITPA
as envisaged under section 13(3)(b) of ITPA.
(b) The State Government within 2 months of receipt of the
aforementioned list shall issue a Notification to associate such
persons with the Special Police Officers as a non- official advisory
board to advise them on the implementation of ITPA, and the said
Notification shall be circulated amongst all police stations in
Maharashtra.
(c) The State Government shall circulate the said list amongst
Magistrates all over Maharashtra to enable them to take the
assistance of such persons whilst carrying out their functions under
section 17(2) of ITPA as envisaged under section 17(5).
3. The Special Police Officers are directed :
(a) to seek the association of the persons mentioned in the
said list at clause 2(a) from the stage of raid till completion
of trial;4
(b)to produce before the Magistrate within 24 hours all those
persons found on the brothel premises, including the
rescued victims;
(c) to produce upon rescue operations an apparent child
victim before the Child Welfare Committee;
(d)to immediately upon rescue operations contact a lawyer
nominated by the Maharashtra State Legal Services
Authority on the panel constituted to provide free legal-aid
to the rescued victims for protecting the interests of the
rescued victim;
(e) to record the detailed statements of the rescued victim at
the place of safety in the presence of the persons
mentioned in the said list and / or the Superintendent /
Probation Officer / responsible staff of the institution;
(f) to seize / recover the personal belongings and documents
of the rescued victims at the time of rescue operation or
soon thereafter, and to hand the same to the concerned
rescued victim;5
(g) (i) to recover the child or children of the rescued victim at
the time of raid or soon thereafter, and to reunite the child
or children with their mother;
(ii) to separate the child or children from their mother only
on a reasoned order being passed on inquiry by the Child
Welfare Committee under the Juvenile Justice [Care and
Protection of Children] Act 2000;
(h)to separate the rescued victims from the offenders
immediately upon the rescue operation;
(i) to convey the rescued victims and the offenders in separate
vehicles from the brothel to the place of safety / police
lock-up or from the place of safety / police lock-up to the
court;
(j) to place the rescued victims in a place of safety
immediately upon the rescue operation, and in no event
should the rescued victim be kept in the police station;
(k) upon raid of a brothel, to immediately inform the District
Magistrate or Sub-Divisional Magistrate of the same, with a6
request to initiate action under section 18(1) of ITPA for
closure of the brothel;
4. The State Government is directed :
(a) to take measures to ensure that the institutions housing
rescued women and children are equipped with basic
amenities, and are clean, pollution free and well
ventilated;
(b)to appoint at least 2 Counsellors for each State-run
Protective Home expeditiously, preferably within six
months;
(c) to include the appointment of Counsellors as a mandatory
condition for granting license to private institutions
housing rescued victims;
(d)to appoint at least 2 Probation Officers for each State-run
Protective Home;
(e) to fill the staff vacancies in each State-run Protective
Home;7
(f) to provide the rescued victims with an opportunity to avail
of formal education in the institutions, especially literacy
programmes;
(g) to extend the Vocational Training Scheme presently
pending approval of cabinet to Protective Homes;
(h)to frame Rules under section 23 of ITPA, especially for
carrying into effect the provisions of section 18;
(i) to include training on law related to children, including
ITPA, on the curriculum of the Judicial Officer’s Training
Institute, Nagpur;
(j) to include training on law related to children, including
ITPA, on the curriculum of the Police Training Academy;
(k) to constitute Special Courts as envisaged under section
22A of ITPA within 6 months.
5. The Superintendents of the institutions housing rescued
child victims or major victims are directed :8
(a) that no person shall be allowed access to a rescued child
victim / major victim without permission of the Child
Welfare Committee / Magistrate, as the case may be;
(b)that on the aforementioned permission being granted by
the Child Welfare Committee / Magistrate, such person
shall be given access in the presence of the
Superintendent or Probation Officer or any other
responsible staff of the institution;
(c) that the Superintendent or Probation Officer or any other
responsible staff of the institution shall accompany the
rescued child victim / major victim in the event of such
rescued victim having to go outside the institution
premises.
6. The Magistrates and Sessions Judges are instructed :
(a) to ensure the presence of a Counsellor in court whilst a
rescued child victim’s testimony is being recorded;9
(b)to provide the rescued child / major victim with the
assistance of a lawyer nominated on the panel constituted
by the Maharashtra State Legal Services Authority;
(c) to seek the assistance of lawyers nominated on the panel
constituted by the Maharashtra State Legal Services
Authority as friend of the court [amicus curae];
(d)to pass orders under section 18(1) of ITPA when
convicting a person of an offence under section 3 and/or
Section 7 of ITPA;
(e) to get verified the rescued victim’s documentary evidence
of age if the same shows her to be a major by directing the
concerned police personnel to ascertain its veracity with
the authority that has issued the said document and file a
report before the court;
(f) to order a second medical examination to ascertain the
age of the victim to be conducted by a medical officer
attached to another public hospital, in case the results of
the first medical examination are under doubt. Age
verification shall be done in (1) Nair Hospital, Mumbai10
Central, (2) St. Georges Hospital, Mumbai (3) Cama and
Albles Hospital, Mumbai and (4) Lokmanya Tilak Medical
Hospital, Sion, Mumbai, and all civil hospitals at District
Headquarters and rural hospitals in mofussils.
(g) to record the testimony of the rescued child / major
victim within 1 month of the charge-sheet being filed so
that the victim’s rehabilitation is not hindered;
(h)to expedite the trial of cases relating to trafficking and
commercial sexual exploitation, and preferably to dispose
of such cases within 6 months of the charge-sheet being
filed.
7. The Magistrates are directed to follow the following procedure
when rescued major victims of trafficking are brought before them :
(a) The Magistrate shall, after giving an opportunity of being
heard to the rescued major victim, cause an inquiry to be
made by the Probation Officer as to the correctness of the
information received under Section 15 (1) or Section 16 (1) of
ITPA, as the case maybe, the age, character, circumstances
and antecedents of the person and the suitability of her11
parents, guardian or husband for taking charge of her and the
nature of the influence which the conditions in her home are
likely to have on her if she is sent home and the prospects of
her rehabilitation as stipulated under Section 17 (1) of ITPA;
(b) The inquiry by the Probation Officer should be completed as
expeditiously as possible and in any case within three weeks
of the date of the order;
(c) During the period of such inquiry by the Probation Officer,
the major victim shall be kept in a place of safe custody and
she should not be kept in the custody of any person likely to
have a harmful influence over her;
(d) The Magistrate shall consider the report of the Probation
Officer in consultation with the persons mentioned in the
said list under Section 17 (5) of ITPA [item No.2(c) above] and
thereafter pass appropriate orders under the Act of
rehabilitation, repatriation or release, as the case maybe.
8. The Magistrates are directed to initiate prompt action when
an application under section 16 of ITPA is filed before them
so that the victim is rescued from the flesh trade.12
9. The Maharashtra State Legal Services Authority are directed :
(a) To provide free legal-aid to the rescued victims
immediately upon the rescue operation and till
completion of trial;
(b)to distribute the names and particulars of the lawyers to
all Magistrates and Sessions Judges and Child Welfare
Committees.
10. The Auditor General shall consider and decide within 1
month the proposal pending before him about providing petty cash
to Superintendents of State-run institutions.
11(a) The Public Works Department shall complete the
construction of the institution for rescued victims under
Swadhar Project in Mumbai expeditiously and preferably within
two years;
(b) The Women & Child Development Department,
Government of Maharashtra shall make operational the
institution for rescued victims under Swadhar Project in13
Mumbai within 2 months from completion of its
construction.
12. Trafficking Police Officer shall investigate cases registered under
ITPA as contemplated under Section 13(4) thereof or assist any
investigation of any cases under ITPA.
13(a) The State Legal Advisory Committee to formulate an
effective rehabilitation programme, including the mode of
its implementation, within 4 months of its constitution. S
L A C mayinvolve the corporate sector and employment
agencies in their rehabilitation project.'
(b) The Women & Child Development Department,
Government of Maharashtra shall implement the
rehabilitation programme in all its institutions housing
victims of trafficking and commercial sexual exploitation.
© The S L A C shall annually evaluate the rehabilitation
programme, and submit its evaluation report with its
suggestions to the State Level Advisory Committee and the
Women and Child Development Department,
Government of Maharashtra for appropriate action.14
14 (a) The Maharshtra State Commission for Women shall
research and publish annual reports with regards to the scale
and incidence of trafficking of women and children for
commercial sexual exploitation.
(b) The Women and Child Development Department,
Government of Maharashtra to make operational within
two months the software titled “Victim Trafficking
Registry”, and the data so collected to be kept onfidential for
use of the government departments and police officials to
optimize social and legal intervention. The petitioner
shall render all active assistance for establishing this
Registry.
15. Petition is disposed of.
JUDGE.
JUDGE.151617
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