6.3.27 Organized Crime Approach

6.3.27 Organized Crime Approach
Trafficking is an established organized crime. Therefore, special provisions of the law should be brought in wherever appropriate. Many state governments have already enacted special laws to deal with various other organized crimes. Trafficking has to be brought under the ambit of such special laws.
6.3.28 Speedy and effective Justice Delivery
The research observed delays in justice delivery due to: (i) Lack of any yardsticks in awarding sentences (ii) Delays in awarding compensation due to victim even after convicting the offenders (iii) Convictions not followed by closure of brothel or other such externment proceedings. The redressal of victim grievances requires effective implementation of the law. The
The database should have provisions to provide on various parameters like: Cases registered under various sections of ITPA, related sections of IPC and local laws as well as under the Preventive of Children from Sexual Offences Act. Details of the cases registered, charge-sheet submitted, charge sheet could not be submitted with reason for delay, and rate conviction, person convicted and total figures as well as break up of figures based on sex and age group of the offenders. Details on the number of rescued persons including sex and age-wise break up of rescued persons. Details of the person are repatriated or rehabilitated. Surveillance of such data will help in effective monitoring of trafficking cases and also facilitate checking and controlling the human rights violations in the course of law enforcement. National Crime Records Bureau (NCRB)’s annual publication “Crime in India” should also reflect cases on trafficking in women and children as per the above mentioned
Although as per Section 13(4) of the IT(P)Act the Department of Women and Child Development has appointed all officers of the rank of Inspector and above of the CB1 as the Trafficking Police Officers, but for want of jurisdiction under Section 5and 6 of the Delhi Police Establishment Act the CBI cannot suo moto take up the crimes of trafficking for investigation. At the same time the state police also do not have the power to carry out such inter-state and international investigations. Therefore, there is an urgent need to set up a national level task force, duly empowered to take up the investigation of such crimes. It is important to note that the Hon’ble Supreme Court appreciated the role of CBI as a nodal agency in the case of Gaurav Jain Vs. Union of India. Where the Supreme Court held that the ground realities should be tapped with meaningful action imperatives apart from the administrative action, which aims at arresting the immoral traffic of women under the IT(P) Act through interstate or Interpol arrangements and the nodal agency like the CBI is to be given charge to investigate and prevent such crimes. As the CB1 has been notified by the Govt, it would be preferable to have the CTPO establishment working under the Directorate of the CBI. The CBI should be given contiguous powers of investigations in all the states as like as