Commercial Sexual Exploitation Of Women & Children: Calcutta HC Lays Down Guidelines For Investigation And Prosecution [Read Order]

The Calcutta High Court recently laid down guidelines for investigation and trial of offences under the Immoral Traffic Act, 1956. These guidelines, it asserted, need to be followed as the “standard operating procedure in the investigation and prosecution of crime involving commercial sexual exploitation of women and children.”The Bench comprising Justice Ravi Kishan Kapur. These guidelines, it asserted, need to be followed as the “standard operating procedure in the investigation and prosecution of crime involving commercial sexual exploitation of women and children.” The Bench comprising Justice Ravi Kishan Kapur and Justice Joymalya Bagchi was hearing an application filed by the State for cancellation of bail granted to one Sangita Sahu, who had been accused of running an organised sex racket in her hotel. The Court in fact opined that the proceedings under the Act are being carried out carelessly, and observed, “Although the menace of trafficking of women and minors have assumed alarming proportions, we note with grave concern the lackadaisical manner in which offences involving commercial sexual exploitation of women and children like the present one are investigated, prosecuted and/or pursued… …investigation in such offences requires to be done by sensitized and specialized agencies and adequate witnesses protection programmes, as well as restitutive and rehabilitative measures, require to be extended to the victims immediately upon their recovery, pending prosecution and even thereafter.” It, thereafter, set aside the order granting anticipatory bail to Ms. Sahu, and laid down the following guidelines: “ any First Information Report registered under the I.T. or under the provisions of the POCSO Act involving commercial sexual exploitation of women or children should be investigated by a specialised agency like Anti-Human Trafficking Unit; Such F.I.R.s registered with the local police station must, within 24 hours thereof, be transferred to the specialised agencies for further investigation; In order to facilitate the investigation in these cases, State Government is directed to set up Anti-Human Trafficking Units in every district which shall be manned by specially trained police personnel not below the rank of Inspector who would be preferably women.