Allahabad High Court Seeks UP Govt's Reply On Plea For Establishment Of Special Human Trafficking Courts

A Division Bench of Chief Justice Govind Mathur and Justice Piyush Agrawal issued notice to on a PIL filed by Guria Swayam Sevi Sansthan, a NGO working among the victims of human trafficking and prostitution.

The NGO had submitted that human trafficking in the State of Uttar Pradesh is on rise but due to lack of courts, no adequate steps have been taken to combat such trafficking. It submitted that even during the period of Covid-19 restrictions, such trafficking is rampant.

It produced several official documents, including a study made by the United Nations Office on Drugs and Crimes, as well as the studies made by different non-governmental organizations.

The organization had urged the Court to issue directions for establishment of more special courts in each and every districts of the State of Uttar Pradesh to adjudicate trials under Immoral Traffic (Prevention) Act, 1956.

Having considered all facts stated in the petition for writ and the documents annexed thereto, the Bench deemed it appropriate to have response from the State. It ordered,

"Let this petition for writ be listed on 18th January, 2021. The respondent-State in the meanwhile may file a counter affidavit to the petition for writ."

Note: Section 22A of the Immoral Traffic (Prevention) Act, 1956 provides for establishment of Special Courts by the State Governments. This provision is however not mandatory and is subject to 'satisfaction' of the Government that the situation in a particular region warrants establishment of special Courts.

It States: "If the State Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act in any district or metropolitan area, it may, by notification in the Official Gazette and after consultation with the High Court, establish one or more courts of Judicial Magistrates of the first class, or, as the case may be, Metropolitan Magistrates, in such district or metropolitan area."

Case Title: Guria Swayam Sevi Sansthan v. State of UP & Anr.

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