Annual Report - National Human Rights Commission

Annexure 12
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of abductors and kidnappers. Recently, DWCD has authorized CBI to investigate crimes under
ITPA. These developments could also be utilized as catalysts for setting up a national database
on traffickers in the CBI. The national system of nodal officers needs to be linked to this intelligence
storehouse in CBI. These linkages may call for active involvement of the MHA and facilitation
by the NHRC.
Central Anti-Trafficking Establishment
As per Section 13(4) ITPA, the Government of India (DWCD) has notified all officers of the
rank of Inspector and above of CBI as CTPO. However, for want of jurisdiction u/s 5/6 of the
DSPE Act, CBI cannot suo moto take up crimes of trafficking for investigation, even if they
have international ramifications. The state police agencies will not have the wherewithal to carry
out such inter-state/international investigations. Therefore, there is a need to set up a National
Task Force, duly empowered, to take up investigation of such crimes. It is important to note here
that the role of CBI as the nodal agency has been appreciated by the Supreme Court of India in
Gaurav Jain vs. Union of India (1998 4 SCC 270), where the Supreme Court held, ‘The ground
realities should be tapped with meaningful action imperatives, apart from the administrative
action which aims at arresting immoral traffic of women under the ITP Act through inter-state or
Interpol arrangements and the nodal agency like the CBI is charged to investigate and prevent
such crimes.’ CBI having been notified by DWCD, it would be preferable to have the CTPO
establishment working under the Director, CBI. They should be given contiguous powers of
investigation in all states, at par with the NCB, which can take up any case of the NDPS Act in
any state. The discretion of taking over the cases should be left to the Director, CBI, who will
take decisions keeping in view the multi-state or international ramifications of the cases concerned.
This calls for setting up a special cell in the CBI, by involving experienced persons, experts and
officials who are not only aware of the issues concerned but are also sensitised to the rights of
women and children. The officials in CTPO need to be specially trained to handle trafficking
offences. It needs to be added that the national nodal agency and national rapporteur mentioned
earlier should coordinate with the central anti-trafficking establishment so that there is synergy
in functioning. This will avoid duplication of efforts and wastage of resources.
Federal Crime
Trafficking in women and children is a crime which is committed without any restriction of
boundaries. However, the government agencies are restricted in their response by boundaries of
police station, district, state, country, etc. These geographical restrictions, coupled with the
prevalent mindset, are serious impediments in preventing trafficking as well as in protecting the
rights of trafficked women and children. Therefore, trafficking offences have to be made a
federal crime as is the case with narcotic offences, over which the state police, CBI and Narcotics
Control Bureau have contiguous jurisdiction. Unless it is declared a federal offence where CBI
has suo moto authority to intervene, CBI will not be able to take over even international trafficking
crimes till such time as they are specifically notified by the concerned state government and the
Union Government under Sections 6 and 5, respectively, of the DSPE Act.
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