New Delhi: The Supreme Court, on Tuesday, asked all state governments to yield details of all the cases filed under the Immoral Traffic (Prevention) Act, 1956 (ITP Act) and the Indian Penal Code(IPC) till September 30, 2015 to the central government.
“States shall give complete details with regard to the cases filed under the Immoral Traffic (Prevention) Act, 1956 and under sections 370 and 370A of Indian Penal Code during 2014 and till September 30, 2015,” said judges Anil R Dave, Madan B Lokur and Kurian Joseph.
While Section 370 of the IPC has provision for punishment for buying or disposing of any person as a slave provision for punishment for exploitation of trafficked persons is included under Section 370A.
The court assured that the details would be made available within a fortnight so that the union of India can collect the data and put it in a proper format for perusal of this court.
The court said the information would be submitted to the court before November 16. It directed the next hearing on the rescue and rehabilitation of the trafficked people to be held on November 19.
The court asked the Cabinet Secretary to take steps for setting up a committee comprising relevant ministries and departments, states and union territories to prepare a comprehensive legislation to tackle all aspects of trafficking.
The government told the court that there was an urgent need for setting up an Organised Crime Investigation Agency (OCIA) to deal with human trafficking.
Asking the home ministry to do the needful, the court wanted the know the scope and the feasibility of the proposed OCIA.
The court also asked the central government to provide details about the action taken to curb the trafficking and sexual exploitation against women and children.
Gender discrimination is the root of many evils. While keeping the aspiration of females down, certain males have committed many wrongs in the past. Apart from various kinds of physical tortures, the mental tortures undergone by defenseless females are endless. Within the confinement of four-walls innumerable sins are still being committed which mostly go unreported. However, it was Nirbhaya’s rape incident in Delhi that was “instrumental” in bringing about a kind of gender awareness renaissance in India. Post-Nirbhaya incident, a lot many changes in the laws have been made. The safety and security of women have been prioritized, the nation-wide the whole police departments have been sensitized, to a greater extent the road transportation has been made women-friendly.
Thanks to the countless number of protests across the country condemning the six rapists. The people from all walks of life came together and relentlessly pressurized the government that the Nirbhaya convicts must be awarded capital punishment. Media’s contribution in the campaign is immeasurable. Alas, India’s judiciary is so annoyingly slow it has taken over 7 years to pronounce the death sentence.
However, now nothing could be so mind-blowing than the flood of condemnation against the comments by a veteran advocate and social activist Indira Jaising. Without a sense of guilt and potential backlash, she suggested that the convicts be “forgiven” by the parents. Jaising’s idea has clearly touched a raw nerve of the major population in the country. People’s anger is spilled well over social media. What is most noteworthy is the scathing condemnation directly from the horse mouth — the mother Asha Devi. A very bold lady, who determinedly fought for justice for so many years, thunders – “Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims,” Asha Devi aptly further adds — “Can’t believe how Jaising even dared to suggest such this; I met her many times over the years in Supreme Court, “not once” she asked for my well-being and today she is speaking for convicts. Such people earn a livelihood by supporting rapists; hence rape incidents don’t stop,”
The latter comments by the Nirbhaya’s mother clearly hint the doubt at the “integrity” of the advocate Ms. Jaising. How on earth that one who has not spoken a word of sympathy in spite of many encounters in the court can reserves the right to suggest that which offends the distressed victim party. Asha Devi deserves a salute for her boldness. Yes, India Jaising is one of the advocates who knocked the door of the Chief Justice of India in the middle of the night in July 2015 in order to seek the mercy for the dreaded terrorist Yakub Menon.
Again, here is another bombshell to drop which many of us may have forgotten. Can we ever “forgive” for the shocking proposal in 2015 by Delhi Government to award the Nirbhaya juvenile convicts with Rs 10000/- and a sewing machine? Who has approved such bizarre ideas and which leaders are responsible? What kind of lesson should the citizens take from this?
I think the public is right and more sensible now to point out the “hard cruelty” with which the gang had sexually tortured Nirbhaya that night. They had used the iron-rod to inflict deep injuries upon the girl which is unspeakable, which is very unpardonable. So, given the increasing cases of rapes and subsequent inhumane cruelty and cold-blooded killings, Capital punishment can be the only answer and “one of the deterrents”. Before the divine retribution, the hard rod of punishment should not be spared at all.
Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali