Sex Trafficking Cases Conducted With 'Indifference': Calcutta High Court Orders WB DGP To Transfer Cases To Anti Human Trafficking Unit

The Calcutta High Court has recently expressed its displeasure at the way cases involving sex trafficking of minor girls are being conducted in the State and has accordingly directed the Director General of Police, West Bengal to ensure that such cases are transferred to the Anti Human Trafficking Unit so that they can be investigated by specialised officers, preferably lady officers. 

Opining that victims require psychological counselling which the investigating agencies have failed to provide, a Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay underscored, 

"We note with anguish indifferent manner in which cases involving sex trafficking of minor girls are being conducted. These cases require to be investigated by a specialised agency manned by police personnel who are duly sensitised in the matter. Victims in such cases are either women or minor coming from weak and marginal sections of society. They require proper protection, support and assistance including psychological counselling. We notice no steps are taken by the investigating agencies in this regard."

The Court thus directed the Director General of Police, West Bengal to take necessary steps so that cases involving trafficking of women particularly minors for sexual exploitation are transferred to the Anti Human Trafficking Unit for investigation and to ensure that victims are granted interim compensation and psychological support. 

"Accordingly, this Court is constrained to direct the Director General of Police, West Bengal to take necessary steps so that cases involving trafficking of women particularly minors for sexual exploitation are transferred to the Anti Human Trafficking Unit and investigate by specialised officers preferably lady officers. Steps be taken during investigation to extend protection and support in the form of support person, counselling and interim compensation as per law to such victims", the Court ordered. 

A copy of the order was ordered to be sent to the Director General of Police, State of West Bengal for necessary compliance. 

The Court was adjudicating upon a case involving victims of sex trafficking and prostitution. A prayer for bail under Section 439 of the CrPC was sought by the petitioner in whose residential premises prostitution was allegedly carried out. 

The Bench took on record the report filed by the investigating agency which disclosed that the victims had been given psychological counselling on June 14, 2022, and that interim compensation has also been granted in accordance with law. The Court was further apprised that necessary steps have been taken for extending necessary protection to the witnesses.

Pursuant to the perusal of the record, the Court observed that the materials on record prima facie material show prostitution was carried out in the premises owned by the petitioner although the senior counsel appearing for the petitioner contended that the concerned property had been let out to another person.

Rejecting the bail application, the Court observed, 

"We are of the view such defence requires to be considered in the course of trial. However, keeping in mind the nature of the offence which has far reaching and adverse social impact and as the vulnerable victims are yet to be examined, we do not consider it prudent to release the petitioner on bail at present."

Case Title: In the matter of : Ved Prakash Arya v. State 

Case Citation: 2022 LiveLaw (Cal) 248

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