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Prajwala v. Union of India

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 56 of 2004)Decided 9 Dec 2015
Writ Petition (Civil) No. 56 of 2004
Justice Anil R. Dave · Justice Madan B. Lokur · Justice Kurian Joseph

Background

Prajwala and Dr. Sunitha Krishnan brought a public interest petition about human trafficking, with help from senior lawyers and the National Legal Services Authority. The Union of India filed an affidavit dated 16 November 2015 setting out steps it would take. These included setting up an Organised Crime Investigative Agency and forming a committee to draft comprehensive trafficking legislation.

Decision Breakdown

The Court recorded the Union's commitments. It hoped the Agency would be set up before 30 September 2016 and functioning before 1 December 2016. It noted the committee's terms of reference, which cover gaps in existing laws, victim protection (so victims are treated as victims rather than offenders), shelter homes for rescued victims, and training for police, and asked it to report preferably within six months. Because of these developments the Court held that the petition did not survive and disposed of it. Applications to join the case were disposed of after the Union said suggestions sent to the Home Ministry would be considered.

Lesson Learnt

A public interest case can be closed once the Government commits to specific steps on the record, but the commitments still have to be carried out. Anyone with suggestions on trafficking law can send them to the relevant ministry, as the Court noted.

Official source (sci.gov.in)View Judgment (PDF)

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