IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3982 of 2006 1. Dr. Suman Lal, D/O Arjun Prasad Shrivastava Convenor, Mothers of Bihar D/34 S.K. Puri, P.S. S.K. Puri, Patna 2. Peoples Watch through Arvind Kumar S/O Rajendra Sharma, 448, Nehru Nagar, P.S. Patliputra Colony, Patna-13 -------- Petitioners. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. D.G.P., Bihar 3. Law Secretary, Government of Bihar 4. Government of India through the Cabinet Secretary, GOI New Delhi 5. Secretary-cum-Commissioner Depart. of Home, Bihar. 6. Secretary-cum-Commissioner, Dept. of Social and Welfare, Bihar, Patna ----- Respondents. ------------- 25. 16.4.2009 Heard learned counsel for the petitioner, Mr. Prabhat Kumar Singh, learned Assistant Counsel to Government Advocate No.1 for respondent nos. 1 to 5 and 6, and Mr. Sarvadeo Singh for respondent no.4. This writ petition has been preferred by way of Public Interest Litigation who claim to be servants of the society. They have raised issues relating to trafficking in women and children. The respondents have placed on record their counter affidavits. By order dated 13.1.2009, read with order dated 1.4.2009, the petitioners were directed to submit a draft of suggestions for alleviation of the situation. The same has been placed on record. The suggestions are reproduced hereinbelow: (1) There should be a cell headed by a women administrative service officer to coordinate action/responses in every district of the State with all departments in the district, including the police. (2) The cell should have its own email and Cell phone 2 which should be open 24x7 (3) The cell should file a report by 5th of every month to the Department of welfare on the action taken within the past month. (4) There should be a protective home and corrective institution as envisaged, Section 21 and 19 of the Immoral; Traffic (Prevention) Act 1966. It should rather be termed as women cum rehabilitation centre. (5) It can also function as a women club in every district of the State which will aid in the rehabilitation of the rescued women. (6) For safety reasons this centre should be in the premises of District Headquarters. It should have shelter consisting of 1000 sq. feet where women litigants and those seeking shelter under domestic violence can seek shelter up- to seven days. (7)The above shelter should have internet/library/kitchen/toilets. (8) It should also have the services of lawyers, doctors, retired police officers and psychological counselors. The centre should have the services of a APP and a govt. doctors for one hour every week. (9) The government should constitute Special police officers and advisory board as directed in Section 13 of the Immoral; Traffic (Prevention) Act 1966 and given in an undertaking to this Court in 2006, almost 3 years ago. (10) The State Government should frame rules to establish a legal framework to combat trafficking it as envisaged in section 23 of the ITPA and as given in undertaking before this Court in this case, 3 years ago and implant their own paper “Astitva” which they have filed/undertaken in this Court. (11) They should establish a state resource and information centre as intended and mentioned given in 3 a document submitted before this Court 3 years ago in this case. (12) The Government should immediately license fit institution. Even after conceding it and it being mandated under the law they have not done this exercise in sincerity. Complaints abound about the delay amounting to several years and much corruption on the issue. It would be worthwhile to seek information about applications for it and its disposal along with the no. of licenses given and its credibility and working. (13) There is need to establish special court in the affected area and to expedite trials in cases pertaining to trafficking of women and children. 14. To crate a central data base of women and children missing in the State. 15. To organize a workshop by the State Legal Aid Authority to deliberate this issue with women organization, lawyers, judges and police officers. The State of Bihar has stated in its counter affidavit that an action plan entitled „Astitva‟ has already been prepared and has been implemented. The Government of India has stated in its counter affidavit that they have also prepared an identical scheme entitled „Swadhar Homes‟ and has been implemented. We dispose of this writ petition with the direction to the Government of India and the State of Bihar to consider the aforesaid suggestions, apart from other steps that they may deem fit and proper, in implementation of their schemes so that the pernicious evil of trafficking in women and children is controlled. Let the same be done by the Government of India 4 through the instrumentality of the concerned Ministry, and the Bihar Government through respondent no.6. The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar ,J. ) ( Kishore K. Mandal J.)