SC noted that commitments made by the Union Government in Prajwala vs. Union of India  case  (2015) have not been fulfilled to curb trafficking (especially sex trafficking).

Key Commitments made by the Union Government 

• Establish Organised Crime Investigative Agency (OCIA) 
• Constitute a Committee under Ministry of Women & Child Development to prepare a comprehensive legislation dealing with the subject of trafficking.
  • Legislation was supposed to cover prevention, pre- and post- rescue of victims and their rehabilitation.

Other key Observation of SC

• Legislative Inaction: Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018 was presented in Lok Sabha but later lapsed. 
• Highlighted limitations of 2019 Amendment to NIA Act, 2008: 2019 Amendment to NIA Act empowered the National Investigation Agency (NIA) to take up cases of human trafficking for investigation. 
  • Court Said that NIA can prosecute offenders but does not address victim protection or rehabilitation.

Status of Trafficking 

• In India, more than 10 thousand cases have been reported from 2018 to 2022. (National Crime Records Bureau (NCRB)).
  • Sex trafficking is one of the most prevalent form of human trafficking. 
• It has been identified as the third largest source of profit for organized crime, following arms and drug trafficking. (As of 2018).