KOLKATA: In a landmark order, Calcutta High Court has asked trial courts to give police protection and other “necessary protective measures” to survivors of trafficking and the families of victims and survivors if they feel threatened and ask lower courts for it.This order should be undertaken as “standard operating procedure” in the investigation and prosecution of a crime involving commercial sexual exploitation of women and children, the bench of justices Joymalya Bagchi and Ravi Krishnan Kapur directed.The order, passed last Thursday, comes just weeks after the HC ordered the state to compensate a trafficking victim even as investigation is ongoing and trial is yet to begin. The court had observed that the victim of a crime has the right to receive compensation irrespective of the result of criminal proceedings, and that the compensation, to be given by the State Legal Services Authority, should be handed over within 10 days of the order.The fresh order has been hailed by jurists and social activists. “This is a landmark judgment, especially in Bengal, which is gravely affected by trafficking,” said Ravi Kant, a Supreme Court lawyer who represents trafficking survivors and is part of the NGO Shakti Vahini, which works exclusively to rehabilitate and get justice for them. “On several occasions, witnesses going to depose in court get threatened. Though India lacks a proper witness protection programme, the high court’s order should be treated seriously by both the state government and law enforcing agencies, as several victims will be immensely grateful to them.”The order was passed in a case under the Bishnupur police, lodged on September 22 last year. The court made the observation while cancelling the bail of a person accused of being involved in human trafficking. “It would be a matter of minutes for powerful organized criminals to win over such witnesses if they are left to the vagaries of life to survive on their own strength,” reads the strongly worded order by the court.The court also directed the probe agencies to follow some other important standard operational procedures, some of which are already codified, but which, social activists urge, has little ground recognition. These include investigation of Pocso cases by the Anti-Human Trafficking Unit (AHTU); transferrence of all such FIRs to the AHTU from the local police within 24 hours of recording the case; and mandatorily recording statements of victims rescued during a raid before a magistrate, medical and psychological assistance to victims and rehabilitation and compensation of victims.

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