IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29902 OF 2016 (GM-RES) BETWEEN:
MS. BHARGAVI D/O SHRI KUMARAPPA AGED ABOUT 21 YEARS PERMANENT RESIDENT OF BAKAVANI THOTA NEAR RABINDRANATH TAGORE SCHOOL MADANAPALLI CHITTOR, ANDHRA PRADESH PRESENTLY C/O STREE JAGRUTHI SAMITHI NO 2643, 36A CROSS OFF 28TH MAIN ROAD, JAYANAGAR 9TH BLOCK BANGALORE – 560069.
(By Ms. HAITREYI KRISHNAN, ADV., FOR Mr. CLIFTON D. ROZARIO, ADV.,) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE – 560001.
2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD, BANGALORE – 560001.
… PETITIONER 3. DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT REP. BY ITS PRINCIPAL SECRETARY MS BUILDING, BANGALORE – 560001.
4. KARNATAKA STATE COMMISSION FOR WOMEN REP. BY THE CHAIRPERSON, NO 107 1ST FLOOR, CAUVERY BHAVAN KHB BUILDING KEMPEGOWDA ROAD BANGALORE – 560009.
5. COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE – 560001.
6. BYAPPANAHALLI POLICE STATION SWAMY VIVEKANANDA ROAD SARVAGNANAGAR, BANGALORE – 560033.
7. SMT. MANASA REDDY W/O SRI DURGA PRASAD AGE MAJOR RESIDING AT NO 101 SRIYA VILLAMENTS, NEAR 3RD MAIN ROAD OPP. ANJANAYA TEMPLE INSIDE SRINIVAS ENCLAVE, G M PALYA BANGALORE-560069.
8. SRI. DURGA PRASAD AGED MAJOR RESIDING AT NO 101 SRIYA VILLAMENTS NEAR 3RD MAIN ROAD OPP. ANJANAYA TEMPLE INSIDE SRINIVAS ENCLAVE G M PALYA, BANGALORE-560069.
… RESPONDENTS (By Mr. Y.D. HARSHA, AGA FOR R1-R3, R5 & R6 Mrs. SUMITRA ACHARYA, ADV., FOR R4 Mr. SANTOSH S. NAGRALE, ADV., FOR R7 & R8) - - -
This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the R6 to register a criminal complaint and FIR against the persons involved in trafficking of the petitioner and the employer who kept her under wrongful confinement under the relevant provisions of the Indian Penal Code, the bonded labour systems (Abolition) Act, 1976 and the Juvenile Justice Act, 2000 and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Smt.Haitreyi Krishnan, learned counsel for Sri.Clifton D.Rozario, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 to 3, 5 and 6.
Smt.Sumitra Acharya, learned counsel for the respondent No.4.
Sri.Santosh S.Nagrale, learned counsel for respondent Nos.7 and 8.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
“1. Direct the 6th respondent to register a criminal complaint and FIR against the persons involved in trafficking of the petitioner and the employer who kept her under wrongful confinement under the relevant provisions of the Indian Penal Code, the Bonded Labour Systems (Abolition) Act, 1976 and the Juvenile Justice Act, 2000.
2. Direct the 2nd respondent to take necessary steps for the rehabilitation of the petitioner as mandated under the Bonded Labour Systems (Abolition) Act, 1976 3. Direct the respondents to take necessary steps for the rehabilitation of the petitioner as a victim of trafficking and ensure the rehabilitation of the petitioner, including providing her with financial assistance and payment of educational expenses.
4. Direct the 5th respondent to take necessary steps to ensure the payment of back wages of the petitioner for the period of her employment 5. Grant such or other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the above case including award of compensation for the injuries inflicted upon the petitioner as also costs in the above interest of justice and equity.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is originally a resident of State of Andhra Pradesh and she was trafficked to Bengaluru when she was aged about 16 years and was made to work in the house of respondent Nos.7 and 8. It is further submitted that thereafter the petitioner was rescued in the year 2016. Thereafter, the petitioner filed a complaint to the Station House Officer of respondent No.6. However, no effective action was taken on the complaint and non- cognizable report was filed. It is further submitted that the petitioner is entitled to rehabilitation under the guidelines framed by the Government of Karnataka for Protection of Women and Children Against Trafficking. It is further submitted that since the petitioner was made to work as bonded labour, therefore, she is entitled to rehabilitation under the Bonded Labour System (Abolition) Act, 1976. On the other hand, learned Additional Government Advocate submits that suitable action in accordance with law shall be taken.
5. I have considered the submissions made on both sides. It is well settled in law that where a complaint discloses commission of cognizable offence, the concerned Police Officer is under a legal obligation to register the first information report. In this connection, reference may be made to the decision of the Supreme Court in the case of ‘LALITA KUMARI Vs. GOVT. OF U.P. & ORS.’ (2014) 4 SCC 1.
6. In view of the aforesaid enunciation of law by the Constitution Bench of the Supreme Court, the respondent No.6 is directed to look into the complaint and to take appropriate action in accordance with law. Needless to state that the competent authority of the State Government shall take steps for rehabilitation of the petitioner under the Guidelines for Protection of Women and Children Against Trafficking within a period of two months from the date of receipt of certified copy of the order passed today. In addition, steps shall also be taken for rehabilitation of the petitioner under the Bonded Labour System (Abolition) Act, 1976. The competent authority of the Department of Labour, in addition, is directed to take steps for payment of wages to the petitioner for the period for which the wages has not been paid to her.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV