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Smart Summary

Factual and Procedural Background

A writ petition concerning the trafficking of women and children across India is before the Court. All States were served with notice and have filed counter-affidavits. A comprehensive report prepared by the National Human Rights Commission (NHRC) detailing the extent of trafficking was placed on record. The Court directed each State to file a response to the NHRC report; all States except Punjab and Gujarat have done so. The report highlights that trafficking is especially prevalent in Bihar, West Bengal, Tamil Nadu, Goa, Uttar Pradesh, Karnataka and Maharashtra, with 9.4 % of trafficked children being below ten years of age. The present order issues further directions and fixes a time-table for additional filings.

Legal Issues Presented

  1. Whether the States should be compelled to file detailed responses to the NHRC report to enable the Court to issue effective directions to combat trafficking.
  2. What time-lines should govern the submission of remedial suggestions by the Union of India and the State Governments.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court notes that without complete responses from all States, it cannot craft effective remedial directions to curb the trafficking of women and children. Emphasising the urgency shown in the NHRC report—particularly the alarming percentage of very young victims—the Court concludes that immediate and comprehensive feedback from every State and from the Union Government is indispensable. Consequently, the Court fixes specific deadlines, warns that silence will be taken as a lack of suggestions, and orders communication of its directions to each State’s Chief Secretary.

Holding and Implications

Order: Every State must file its response to the NHRC report within six weeks; the Union of India must file its suggestions within four weeks. The matter is to be listed after six weeks, and non-responsive States will be deemed to have no suggestions.

Implications: The order obliges all governments to provide concrete proposals, thereby paving the way for future, substantive directions to address trafficking. The ruling is interlocutory in nature and does not set a new legal precedent.

    Shakti Vahini v. Union Of India Others

    1. In this writ petition, all the States have been served with notices. They have filed their counter affidavits. Thereafter the report prepared by the National Human Rights Commission was made available to this Court and it is a comprehensive report regarding the trafficking of women and children in various States. Thereafter we directed that each State may file their response to the report submitted by the National Human Rights Commission. We are told that except the States of Punjab and Gujarat, all the States have filed their responses. From the report we see that the trafficking of children and women is prevalent mainly in the States of Bihar, West Bengal, Tamil Nadu, Goa, U.P., Karnataka and Maharashtra. It is also an alarming feature that 9.4% of the trafficked children are below 10 years of age and the rest of the children are in the age group of 16 years to 18 years. Unless the State Governments file their responses, this Court would not be able to give any effective directions in the matter. We direct each of the States to file their response within a period of six weeks. A copy of this order be sent to the Chief Secretaries of the respective State(s) and they shall file their response and suggest remedial measures to tackle this problem. The Union of India has prepared certain suggestions which is being considered by the concerned Ministry. Those suggestions would be filed within a period of four weeks. If there is no response from the States, it would be assumed that the State(s) has no suggestion to make.

    2. List after six weeks.

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    Comments

    Shakti Vahini v. Union Of India Others
    (Jul 19, 2006)