Taking a serious view of the large number of missing women in the State, the Bombay High Court on Thursday directed the Maharashtra government and Department of Women and Children to give details of mechanism, if any available, not only to trace the missing children / women but also how to check such incidents.
The court noted that it was the government’s duty to trace missing children and women; protect them; and give them safe shelter or custody.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar directed the State government and the Government Railway Police (GRP) to file affidavits on measures taken to deal with such cases and steps taken to check human trafficking cases. Besides, the court has also asked the Maharashtra State Commission for Women (MSCW) to suggest measures to be adopted by the state government to curb such incidents.
The HC was hearing a public interest litigation (PIL) petition by Shahaji Jagtap, a former Army soldier from Sangli, seeking direction to the State government to trace over one lakh missing women who disappeared between 2019 and 2021. The PIL highlighted that “alarming” numbers of girls / women have gone missing from the state and the police “wash off their hands” after they turn major.
The plea raised concern over alleged inaction by state authorities in taking necessary steps warranted in cases where many women and children are reported missing.
The bench said that it was the State to trace them and emphasised that one of the main reasons for such a high number of missing persons possibly is “human trafficking”.
“There may be various causes of children and women going missing. However, it is the duty of the state to trace them and protect them and if necessary give them safe custody. One of the reasons for such a staggering number of missing children and women, possibly, is the menace of human trafficking for which all authorities, including all government departments, police, railways, etc. need to work in tandem to check such instances,” the bench observed in its order.
The petitioner referred to a November 2022 order of the Supreme Court which issued several directions to the authorities to curb the incidents of missing women and children.
The high court then sought affidavits from the respondents containing a mechanism, if any, available to the state and its authorities not only to trace the missing children/women but also how to check such incidents.
“Affidavit shall also disclose measures in place and are being applied by Maharashtra to check missing of young children and women. We also call upon MSCW to file a response and suggest measures to be adopted and taken by the state to check such incidents,” the bench said.
It added: “We also call upon the head of GRP-Maharashtra to file an affidavit bringing on record the steps/measures taken by GRP to check human trafficking.”
The affidavits have to be filed within four weeks and additional reply affidavit by the petitioner within two weeks thereafter. The HC has kept the matter for hearing on October 4.
Petitioner Sahaji Jagtap’s daughter, who was studying in the third year of her Bachelor of Science course from Sangli, went missing in December 2021. Since his daughter became a major, the police made no effort to bring her home, his plea claims.
Jagtap, who now works with the government treasury department, has said that it is while searching for his daughter, he came across data from the Ministry of Home Affairs that highlights that women above the age of 18 in Maharashtra have remained untraced for years. As per the data, in 2019, there were 35,990 women who were not traceable. In 2020 and 2021, the number was 30,089, and 34,763 respectively. This totals to 1,00,842 from 2019 to 2021.
