Court Exercises Writ Jurisdiction to Address Delays in Repatriation Process for Esha Yakub Hussain
In a significant ruling, the Bombay High Court has directed the immediate repatriation of Esha Yakub Hussain, a Bangladeshi national and victim of human trafficking, to her home country. This decision comes in light of prolonged delays in the repatriation process, despite existing permissions from the Ministry of External Affairs and the issuance of a travel permit by the Deputy High Commissioner of Bangladesh in Mumbai.
The High Court, comprising Justices A.S. Gadkari and Kamal Khata, passed the order in response to a writ petition filed by the Rescue Foundation, an NGO involved in the rescue and rehabilitation of human trafficking victims. The petition sought directions for the repatriation of Esha, who had been subjected to commercial sexual exploitation in India.
The court noted the inefficiencies and lack of timely action on the part of both Union and State authorities, which contributed to the undue delay. Highlighting the Standard Operating Procedures (SOP) for cross-border trafficking and the Memorandum of Understanding between India and Bangladesh, the court emphasized that no specific order from a Magistrate is required for the repatriation of adult victims when necessary permissions are already in place.
The bench criticized the procedural delays and invoked its writ jurisdiction under Article 226 of the Constitution of India to expedite the process. The court ordered that Esha be repatriated immediately, with the condition that she provide undertakings to ensure her appearance through video conferencing in ongoing criminal proceedings.
This ruling underscores the court's commitment to addressing human trafficking issues and ensuring swift justice for victims. The court has set a compliance reporting date for April 15, 2026, to ensure that the directions are followed promptly.
Bottom Line:
Immoral Traffic (Prevention) Act, 1956 - Section 17 does not require an order permitting repatriation of a victim to her country of origin. In cases of inordinate delays, the High Court may exercise its writ jurisdiction to facilitate repatriation.
Statutory provision(s): Immoral Traffic (Prevention) Act, 1956 - Section 17, Constitution of India, 1950 - Article 226
Rescue Foundation v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2883289
