COMBATTING TRAFFICKING OF WOMEN AND GIRL CHILDREN AND
COMBATTING TRAFFICKING OF WOMEN AND GIRL CHILDREN AND PROHIBITION OF COMMERCIAL SEXUAL EXPLOITATION: LAW AND REALITY By Prof. (Dr. ) Rathin Bandyopadhyay Professor & Former Head, Department of Law University of North Bengal Darjeeling, West Bengal
TRAFFICKING IN PERSONS: MEANING According to Article 3 of the U. N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000: a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. ” b) The consent of a victim of trafficking in persons to the intended exploitation set forth in sub- paragraph (a) of this article shall be irrelevant where any of the means set forth in sub paragraph (a) have been used; n 2
TRAFFICKING IN PERSONS: MEANING c) The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered” trafficking in persons” even if this does not involve any of the means set forth in sub paragraph (a) of this article n Another definition: Trafficking in person means the transportation of a person within a country or across borders through coercion , deception or illicit influence with the purpose of exploiting the victim. n The background reports of Ministry of Foreign Affairs, Dept. of Asia and Pacific, Government of Sweden on Trafficking in Women and Children in Asia and Europe, 2001 expressed that today women and children are the main targets of trafficking while adult men may rather be victims of smuggling. Trafficking is thus an age and gender specific phenomenon. Women and children are often trafficked for the purpose of sexual exploitation, mostly for the growing entertainment business and the sex industry in cities and urban areas. 3
Types of Trafficking n n INTERNAL- Within the country borders/ inter state/rural to urban area EXTERNAL- (a) Cross Border (b) Across the Region (c) Migration to other Countries 4
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WOMEN AND GIRLS ARE TRAFFICKED MAINLY FOR: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Prostitution Sexual Exploitation Sex Tourism Smuggling Slavery/Bonded Labourers/ Cheap Labour Child Abuse/ Paedo- Philia Organ Transplant Circuses/ Entertainment Pornography Drug/ Arms Trafficking Begging Domestic Labour 6
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CAUSES OF TRAFFICKING OF WOMEN AND GIRLS FOR COMMERCIAL SEXUAL EXPLOITION n n Poverty and unemployment – Lack of income and opportunities makes people vulnerable and more inclined to migrate in the hope of creating a better life for themselves and their families elsewhere. Likewise, it is poverty that makes parents sell their children to traffickers and that makes women become victims of trafficking. Migration- (a) Trafficking in women and children is intimately linked to movements in search of employment opportunities. (b) Rural to urban migration is increasing substantially all over the world, resulting in a growing population of migrants. 8
CAUSES OF TRAFFICKING OF WOMEN AND GIRLS FOR COMMERCIAL SEXUAL EXPLOITION n n n n n Discrimination of women and children and lack of respect for their Human Rights Lack of education and opportunities and of a stable family Political change Economic Regression Impact of Globalization Booming Growth of Information Technology The demand of sex related services Organized crime and trafficking networks Gender Inequalities 9
CAUSES n n n Runaways from families Religious and Social taboo Violence against women/Domestic violence Fake love affairs and fake promise of marriage ( bride Trafficking) Alcoholism/Substance abuse Sexual Exploitation/abuse /rape by relatives, neighbors, upper caste or economically strong men/relatives 10
PROBLEM HIGHLIGHTS (STATISTICAL OVER VIEW) n n n Human trafficking is considered to be third largest profit oriented trade only after drugs and arms. In most of the South Asian countries including India cross border trafficking aims towards sending, receiving as well as transition of women and children mainly for the purposes of use of them as commodity inter alia in prostitution, sexual exploitation, sex tourism, paedophilia. Bangladeshi girls, who mainly hail from western Bangladesh close to Indian borders, end up in brothels in Calcutta, Mumbai and Goa. NGOs reported that in the two latest decades 200, 000 Bangladeshi girls have been trafficked to the Middle East and also in Pakistan via India. Local NGOs of Nepal have reported that 5000 – 8000 Nepali girls mainly from Tamang community are trafficked into Indian brothels through open border. 11
NCRB Reports on Human Trafficking, 2016 - According to the National Crime Records Bureau, a total of 8, 132 cases of human trafficking were reported in India in 2016 under the Indian Penal Code, 1860. - This is 15% increase from the number of cases reported in the previous year. - In the same year (2016), 23, 117 trafficking victims were rescued. - Of these, the highest number of persons were trafficked forced labour (45. 5%), followed by prostitution (21. 5%). 12
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NCRB Reports on Human Trafficking, 2016 CASES REGISTERED UNDER IPC CASES REPORTED 8132 RATE OF COGNIZABLE CRIMES (IPC) 0. 64 VICTIMS TRAFFICKED BELOW 18 YEARS ABOVE 18 YEARS TOTAL MALE FEMAL E TOTAL MALE FEMALE TOTAL 4123 4911 9034 1106 5239 6345 5229 10150 Note : i) 15 Transgender Victims Trafficked from Odisha is included ii) 10 Transgender Victims Trafficked from West Bengal is included 15379 14
Victims Rescued BELOW 18 YEARS ABOVE 18 YEARS TOTAL MALE FEMAL E TOTAL 8651 5532 14183 1696 7238 8934 10347 12770 23117 Note : i) Transgender Victims Rescued from West Bengal is included ii) Rescued persons may include persons trafficked in previous year also since victims rescued are more than victim trafficked during the year. 15
Victims rescued by type of purpose of trafficking Purpose, 2016 (as a %) Forced labour 10509 45. 5 Prostitution 4980 21. 5 Other forms of sexual exploitation 2590 11. 5 Domestic servitude 412 1. 8 Forced marriage 349 1. 5 Petty crimes 212 0. 9 Child pornography 162 0. 7 Begging 71 0. 3 16
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Nationality‐wise profile of Victim Rescued under Human Trafficking ‐ 2016 Indian Male Sri Lanka Femal e Total Male Nepal Femal e Total Male Femal e Total 10269 12663 22932 38 00 38 22 16 38 Bangadesh Others** Total Male Femal e Total 03 33 36 05 68 73 10337 12780 23117 Note : i) 5 Transgender Victims Rescued from West Bengal is included ii) * Other include Victims belonging to Thailand & Uzbekisthan & other Countries. 18
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PROBLEM HIGHLIGHTS (STATISTICAL OVER VIEW) n n n n 20% of Nepali Sex workers in India are under 16 years of age. UNDP Report 2006 said the majority in trafficking in India, both trans border or within the country, happens for the purpose of commercial sex work and over 60% of them are between 12 – 16 years of age group. Police estimate, about 15000 female are trafficked from Bangladesh to Indian brothels every year (UNDP Report 2006 ) NGOs estimate, 250, 000 women and girls from Nepal are held in Indian brothels. (UNDP Report 2006) An estimated 2. 2 million women are living with HIV/AIDS in South and South East Asia (UNDP Report on the “Global Aids Epidemic”) There approximately 23 lakhs commercial sex workers in India and 25% of them are minor. 35% of total number of girls and women trafficked to India were abducted under the pretext of false marriage 21 and good jobs (ADB Report 2002)
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PROBLEM HIGHLIGHTS (STATISTICAL OVER VIEW) n n West Bengal (mainly Kolkata, Siliguri ), U. P. , Uttaranchal and Bihar are the major transit states in India because of their sharing of border with Bangladesh and Nepal. Approx. 2. 17% and 2. 6% cross border trafficking takes place from Bangladesh and Nepal respectively (ADB Report 2002) NCRB, New Delhi has showed an increase of 15. 3% in crime at the national level over the last decade. ICMR estimated that total number of sex workers in India are about one million. 23
PROBLEM HIGHLIGHTS (STATISTICAL OVER VIEW) n n n Bharatiya patita Uddhar Sabha, an NGO working for the cause of sex workers in India estimated that there are 8 million brothel workers and 7. 5 million call girls are present in India where in a huge percentage are Nepali girls and women. The Human Rights Watch/ Asia study shows that Bombay appears to be the highest concentration of Nepali sex workers; i. e. around 50, 000 but other cities in India has a good percentage of Nepali sex workers. (1995 Report) Use of condom in commercial sex is in low percentage in all over India but exception is Sonagachi, the red light area of Kolkata where presently 85% use condom and there by reduced into 4% HIV/ AIDS infection (UNICEF Report, 24 2006)
THE WEST BENGAL STORY The highest number arrests — one in six — were made from Bengal n According to the last available report of the National Crime Record Bureau for the year 2016, out of 8, 132 cases of human trafficking recorded in the country, 3, 579 cases (around 44%) were from West Bengal alone. n In the year 2014, about 8, 220 persons were arrested in connection with human trafficking. The figure increased 10, 080 in 2015 and 10, 815 in 2016. * n Between 2014 and 2016, 4, 868 traffickers (1, 384 in 2014, 1, 637 in 2015, and 1, 847 in 2016) were arrested from the State. This accounts for 16. 7 % of all traffickers (29, 115) arrested in the country between 2014 to 2016. * * Figures were provided by Ministry of Home Affairs in Lok Sabha in response to a question on July 23. n 25
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CONSEQUENCES n n Health Effects- (a) Mental effect( i. e. life long trauma particularly for girl children) (b) Physical effect(e. g. High risk of contracting STD particularly HIV/AIDS Social Effects- Trafficking into sex industry leads to stigmatization of the victims and their families 27
n n Legal Effects: a. Arrest b. Imprisonment c. Deportation d. Less protection under national laws and social safety e. Lack of legal aid due to language barrier Societal Effects: a. Manifests and perpetuates patriarchal attitudes b. Undermines efforts to promote gender equality c. Closely intertwined with other criminal activities d. Undermine the rule of law e. Threatens public health by spreading HIV/AIDS in the countries of origin, transit and 28 destination
PATTERNS AND TRENDS This can be explained on the basis of subjectivity n Victims: Mainly women and girl children of tender age n Purpose: commercial gain Lusts Part of organized crimes n Routes into India : Through porous border of India with Nepal, Bangladesh, Bhutan, Sri Lanka and Pakistan n The Traffickers: a. Organized International Trafficking Networks b. Local Trafficking Rings 29 c. Occasional Traffickers
AVAILABLE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS n 1949 The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others n 1979 The Convention on the Elimination of All Forms of Discrimination Against Women(1979) n 1989 Convention on the Rights of the Child n n 1990 8 th U. N Congress on Prevention of Crime and Treatment of offenders had examined the problem of organized Transnational crime and effective national and international actions. 1990 “UN General Assembly on the recommendation of 8 th congress adopted i) Model Treaties on Extradition ; (ii) On Mutual assistance in criminal matters; (iii) on transfer of proceedings in criminal matters and (iv) on transfer of supervision of offenders, conditionally sentenced or released (Resolution Numbers 45/116, 45/117, 45/118, 45/119 respectively. 30
AVAILABLE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS n n 1991 Ministerial meeting on the creation of an Effective U. N. Crime Prevention and Criminal Justice programme; Versailles, France, 21 – 23, Nov. 1991 on the recommendation of the Versailles ministerial meeting the General Assembly adopted a proposed statement of principles and programme of Action, which inter alia, included the establishment of the Commission on Crime Prevention and Criminal Justice (a 40 member commission of the economic and social council). 1994 World ministerial Conference on Organized Transnational crime, Naples, Italy, Nov. 1994. The 142 States adopted Naples Declaration and Global Action plan against organized Transnational Crime. 1995 Fourth world conference on women, Beijing, China. 1996 World congress against commercial sexual exploitation of children, Stockholm, Sweden, 27 – 31, Aug. 31 1996.
AVAILABLE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS n n 1997 U. N Economic and social council, commission on human rights – 56 th Sessions, Resolution no. 1997/44 on Trafficking in Women, women’s immigration and violence against Women. 2000 U. N. General assembly adopted optional protocol to Convention on the rights of the child concerning the sale of children, child prostitution and child pornography (May 2000 – up to July 2001 there were 70 signatories and 3 ratifications to the Protocol. ). 2000 U. N. Protocol to Prevent. Suppress and Punish Trafficking in Persons, Especially Women and Children 2001 2 nd World Congress Against Commercial Sexual Exploitation of Children held in Yokohama, Japan, held between 17 – 20, December 2001. 32
UN AGENCIES The UN agencies, which are responsible for matters related to women, children, refugees and migrants, also address trafficking in persons. They are as follows: n The UN Office for Drug Control and Crime Prevention (ODCCP) n The UN Development Fund for Women (UNIFEM) n The United Nations Children’s Fund (UNICEF) n The Office of the High Commissioner for Human Rights ( OHCHR) n The United Nations High Commissioner for Refugees (UNHCR) n The United Nations Development Programme (UNDP) 33 n The International Labour Organization (ILO)
Efforts of IGOs, INGOs and NGOs IGOs n International Criminal Police Organization (INTERPOL) n International Organization for Migration (IMO) n End Child Prostitution, Child Pornography and Trafficking in Children for Sexual Purposes (ECPAT) INGOs n The Coalition Against Trafficking in Women (CATW ) n The Global Alliance Against Trafficking in Women (GAATW ) n The International Save the Children Alliance n Amnesty International n Human Rights Watch NGOs n Several NGOs are working nationally and regionally to combat cross border trafficking of Women and Girls for preventing and providing medical, social and legal help. 34
REGIONAL EFFORT TO COMBAT TRAFFICKING IN ASIA POLICY STATEMENTS n The Association of Southeast Asian Nations (ASEAN) n The Manila Declaration on the Prevention and Control of Transnational Crime n The Bangkok Declaration on Irregular Migration n The Asia-Pacific Symposium on Trafficking in Persons n The Asian Regional Initiative Against the Trafficking of Women and Children (ARIAT) n The South Asia Association for Regional Cooperation (SAARC) MAJOR PROJECTS AND ACTIVITIES IN SOUTHEAST ASIA n The UN Inter-Agency Project to Combat Trafficking in Women and Children in the Mekong Sub-Region n Sexual Abuse and Sexual Exploitation of Children and Youth (ESCAP) n The Mekong Sub-Regional Project to Combat Trafficking in Children and Women for Labour Exploitation (ILO-IPEC) 35
Return and Reintegration of Trafficked and Other Vulnerable Women and Children Between Selected Countries in the Mekong Region (IOM) n The Fight Against Child Exploitation (FACE) n The Mekong Regional Law Centre (MRLC) n The Asia-Europe Meeting (ASEM) MAJOR PROJECTS AND ACTIVITIES IN SOUTH ASIA n Trafficking of Women and Girls in the South Asia region (UNIFEM) n THE OHCHR Trafficking Programme n The South and Southwest Asia Project on HIV and Development n UNICEF n ILO-IPEC n The Save the Children Alliance n 36
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CONSTITUTIONAL SAFEGUARDS FOR VICTIM WOMEN AND GIRLS IN INDIA n n n n Article 14 – Right to Equality or Equal Protection before the Laws Article 20 – Right against ex-post facto criminal law, double jeopardy and self incrimination Article 21 - Right to life and personal liberty Article 22 - Safeguard against arbitrary arrest and detention (right available only to friendly aliens and not to any enemy aliens – as per Art. 22(3)(a)) Article 23 - Rights Against Exploitation Articles 25 &27 regarding freedom of religion and freedom from taxation for promotion of any particular religion respectively Article 32 - Remedial right to enforce the 38 foregoing rights Directive Principles of State Policy- Articles 39,
OTHER INDIAN LAWS AVAILABLE FOR COMBATING TRAFFICKING OF WOMEN AND GIRLS AND PROHIBITION OF COMMERCIAL SEXUAL EXPLOITATION Indian Penal Code, 1860 a. Section 366 A – Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. b. Section 366 B – Whoever imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. c. Section 372 says that selling minor for purposes of prostitution, etc. is prohibited d. Section 373 says that buying minor for purposes of prostitution, etc. is punishable e. Sections 292, 363 A, 365, 367 - 371, 374 - 377 Criminal Law (amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370 A IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs. n The Juvenile Justice Act, 2000 has prescribed certain protection mechanism for 39 rescued minor girls from forced prostitution or from other sexual exploitation n
OTHER INDIAN LAWS AVAILABLE FOR COMBATING TRAFFICKING ( WITHIN OR ACROSS THE BORDER) OF WOMEN AND GIRLS AND PROHIBITION OF COMMERCIAL SEXUAL EXPLOITATION n n n The Immoral Traffic (Prevention Act, 1956( amended in 1986) does not ipso facto prohibits prostitution, but contained nine punishable conditions including brothel keeping, abetting in brothel keeping, living off brothel earnings, procuring, detaining, activity in vicinity in public places, seducing or soliciting. Amendment of the Act in 1986 make easier to punish brothel owners and procurers of prostitutes. Information Technology Act, 2000 contains penal provisions for publication or transmission of Obscene photos & video in electronic form The Passports Act, 1967 The Foreigners Act, 1946 The Registration of Foreigners Act, 1939 Child Labour ( Prihibition and Regulation) Act, 1986 prohibits employment of Children in certain specified occupations. 40
OTHER INDIAN LAWS AVAILABLE FOR COMBATING TRAFFICKING ( WITHIN OR ACROSS THE BORDER) OF WOMEN AND GIRLS AND PROHIBITION OF COMMERCIAL SEXUAL EXPLOITATION n The Protection of Human Rights Act, 1993 made provisions for establishment of National and State Human Rights commissions who have been taking initiative for protection of human rights of the victim non citizen women and girls by monitoring law enforcement mechanism, by organizing sensitization programmes and by recommending to the appropriate government time to time in response to the individual petitions or suo motu. 41
TRAFFICKING IN PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL, 2018 n n n In February 2018, the Union Cabinet, chaired by the prime minister, approved the Trafficking in Persons (Prevention, Protection and Rehabilitation) Bill for introduction in the Parliament. If passed, the government reported the bill would address the issue of trafficking from the "point of view of prevention, rescue and rehabilitation, " criminalize aggravated forms of trafficking, and create a national anti-trafficking bureau to comply with a December 2015 Supreme Court directive to establish an antitrafficking investigative agency. The creation of such an agency was pending the passage of the anti-trafficking bill, although the Ministry of Women and Child Development (MWCD) had allocated 832 million Indian rupees (INR) ($13. 1 million) to the Ministry of Home Affairs (MHA) for the agency. 42
n n n TRAFFICKING IN PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL, 2018 Highlights of the Bill n The Bill creates a law for investigation of all types of trafficking, an rescue, protection and rehabilitation of trafficked victims. The Bill provides for the establishment of investigation and rehabilitat authorities at the district, state and national level. Anti-Trafficking Un will be established to rescue victims and investigate cases of traffickin Rehabilitation Committees will provide care and rehabilitation to th rescued victims. The Bill classifies certain purposes of trafficking as ‘aggravated’ forms trafficking. These include trafficking forced labour, bearing childre begging, or for inducing early sexual maturity. Aggravated traffickin attracts a higher punishment. The Bill sets out penalties for several offences connected with traffick In most cases, the penalties set out are higher than the punishmen 43 provided under prevailing laws.
Punishment for offences under the Bill Offence Punishment Direct Offences Trafficking of one person: Imprisonment of 7 -10 years, and fine; Trafficking of more than one person: Imprisonment of 10 years to life, and fine; Trafficking of minor: Imprisonment of 10 years to life imprisonment, and fine; Trafficking of more than one minor: life imprisonment, and fine; Trafficking involving public servant or public official: life imprisonment, and fine. Aggravated Forms of Trafficking Imprisonment of 10 years to life imprisonment, and fine of at least Rs 1, 000. Repeat Trafficker of Aggravated Offences Buying or selling persons Imprisonment of 7 -10 years, and fine of at least Rs 1, 000. Trafficking with the aid of media Imprisonment of 7 -10 years, and fine of at least Rs 1, 000. Life Imprisonment, and fine of at least Rs 2, 000. Connected Offences Manager of premises of trafficking First time conviction: Imprisonment of up to 5 years with fine of up to Rs 1, 000; Subsequent conviction: at least 7 years with fine of up to Rs 2, 000. First time conviction: up to 3 years imprisonment with fine of up to Owner/Occupier of premises of trafficking Rs 1, 000; Subsequent conviction: at least 5 years with fine of up to Rs 2, 000. Publication or distribution of obscene material which may lead to trafficking Imprisonment of 5 - 10 years, and fine of Rs 50, 000 – 1, 000. Omission of Duty by an authority 44 First time conviction: fine of minimum Rs 50, 000; Subsequent conviction: up to one year imprisonment with fine of at least Rs 1, 000.
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JUDICIAL RESPONSE Our judiciary particularly the Supreme Court has made some remarkable effort to upheld the dignity, liberty and security of person of the victim fallen women in several occasion and thereby echoed the sentiment of the International community. Our apex court also ordered and prescribed guidelines in some cases (e. g. Gaurav Jain v. Union of India, AIR 1997 SC 3021) for rehabilitation including economic rehabilitation of prostitutes, measures to retrieve women from prostitution and rescue and rehabilitation of child prostitutes. In Vishal Jeet v. Union of India, (1990)3 SCC 318, Supreme Court had directed government to constitute a Central Advisory Committee on Child Prostitution. In 1994 the Central Government and subsequently State Governments had constituted such committee. Some Other Important decided cases of High Courts and Supreme Court are – Upendra Baxi (II) v. State of Punjab, AIR 1987 SC 191; Shama Bai v. State of U. P. , AIR 1959 All 57; State of U. P. 46 v. Kaushalya, AIR 1964 SC 416; Sahebara Birappa Case
JUSTICE A. S. ANAND’S VIEW As then Chairperson of NHRC Justice Anand said in 2004 that: n n The problem of trafficking is a complex one with global dimensions and has acquired the dimension of an organized crime. Referring to the justification that Prostitution is the oldest profession, he observed that it was not a profession but a business as victims are reduced to the level of commodities, which he termed as the worst case of violation of human rights There are constitutional provisions and legislations, which prohibit trafficking but the experience of their implementation has revealed that an amendment to the ITPA is needed. The lopsided enforcement of the ITPA and the lack of sensitization among the law enforcing authority to implement the provisions of the Act is regrettable. 47
MEASURES TAKEN BY GOVERNMENT TO PREVENT AND COMBAT HUMAN TRAFFICKING n n n Administrative measures and interventions Anti Trafficking Cell (ATC): Anti-Trafficking Nodal Cell was set up in the Ministry of Home Affairs (MHA) (CS Division in 2006 to act as a focal point for communicating various decisions and follow up on action taken by the State Governments to combat the crime of Human Trafficking. MHA conducts coordination meetings with the Nodal Officers of Anti Human Trafficking Units nominated in all States/UTs periodically. Advisories: To improve the effectiveness in tackling the crime of human trafficking and to increase the responsiveness of the law enforcement machinery, MHA has issued following comprehensive advisories to all States/UTs: Advisory for preventing crime of human trafficking date 9. 9. 2009. Advisory on crime against children dated 14 th July, 2010. Advisory on missing children dated 31 st January, 2012. Advisory on Preventing and Combating cyber crime against children dated 4. 1. 2012. Advisory on Human Trafficking as Organised Crime dated 30 th April, 2012. Advisory on Preventing and combating human trafficking in India-dealing with foreign nationals dated 1. 5. 2012. SOP to handle trafficking of children for child labour dated 12. 8. 2013. Advisory on MHA Web Portal on Anti Human Trafficking dated 5. 5. 2014. Advisory dated 23. 7. 2015 for associating SSB and BSF in crime meetings. 48 These advisories/SOP are available on MHA's Web Portal on Anti Human Trafficking at www. stophumantrafficking-mha. nic. in
MEASURES TAKEN BY GOVERNMENT TO PREVENT AND COMBAT HUMAN TRAFFICKING n Ministry of Home Affairs' scheme : Ministry of Home Affairs under a Comprehensive Scheme Strengthening law enforcement response in India against Trafficking in Persons through Training and Capacity Building, has released fund for establishment of Anti Human Trafficking Units for 270 districts of the country. Strengthening the capacity building: To enhance the capacity building of law enforcement agencies and generate awareness among them, various Training of Trainers (TOT) workshops on Combating Trafficking in Human Beings for Police officers and for Prosecutors at Regional level, State level and District level were held throughout the country. Judicial Colloquium: In order to train and sensitize the trial court judicial officers, Judicial Colloquium on human trafficking are held at 49 the High court level. The aim is to sensitize the judicial officers about the various issues concerning human trafficking and to ensure speedy
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CONCLUSION n n n In spite of India’s spontaneous support for International Human Rights instruments and in spite of presence of constitutional provisions and national laws, cross border trafficking of women and girls into India has not at all curbed and there by posing a threat to the security of the nation and possibility of spreading of HIV/AIDS Lopsided enforcement of the ITPA Government’s policy dilemma regarding curbing of prostitution Social and Societal taboo Lack of sensitization among the law enforcement authorities to implement the provisions of relevant laws like ITPA to curb trafficking for flesh trade 52
CONCLUSION n n n Curbing of cross border trafficking of women and girls involve raid, rescue, rehabilitation, reintegration and complicated process of deportation where in every stage there are deficiencies mainly due to lack of awareness, lack of infrastructure, lack of coordination, burden shifting, rampant corruption and deficiency in positive motivation among some of the law enforcement personnel and political leaders Porous border and lack of coordination among the law enforcing agencies in international level Mindset of the society regarding considering sex as the commodity and lust for having it like as hankering for consumable items are increasing the demand for flesh trade. Cross border 53 trafficking is nothing but one of the
CONCLUSION means of supply of the products to the customers in Indian society n Globalization, open market economy and nearly un restricted IT has increased sex trading market manifold. More demand naturally needs more supply and one of the major supply source is from across the border of India n Some time forced push back of victims and protection of perpetrators nullify the sanctity and objectives of constitutional safeguards and national legislation n Judiciary and National and State Human Rights Commissions are trying to curb the menace 54
SUGGESTIONS n n Increase prosecutions and convictions for all forms of trafficking, including forced and bonded labor, and of officials allegedly complicit in trafficking, respecting due process; establish and fully resource anti-human trafficking units (AHTUs) in all districts, including by providing additional dedicated, trained staff and by clarifying the mandate of AHTUs Significantly increase efforts to identify victims proactively to include disseminating and implementing standard operating procedures (SOPs) to harmonize victim identification and referral, and training officials on their use Cease the penalization of trafficking victims Protect victim confidentiality and privacy, including on government-issued identification documents; improve central and state government implementation of protection programs and compensation schemes to ensure trafficking victims receive benefits, release 55 certificates, and compensation funds
SUGGESTIONS n n n n n Provide funding for states to establish fast-track courts that deal with all forms of human trafficking; and provide anti-trafficking training or guidance for diplomatic personnel to prevent their engagement in or facilitation of trafficking crimes, and to provide personnel the tools to identify and assist trafficking victims in their work. Government should remove policy dilemma. SAARC Convention should be applied immediately Amendment of ITPA Sensitization and capacity building among the law enforcement officials Instead of Deportation need to follow process of repatriation. GOI need to have bilateral agreements with other countries for such purpose Non application of Sec. 14 of the Foreigner’s Act, 1946 for the victim trafficked children Strict border vigil and pro active role of the BSF More coordination and cooperation among BSF, Police and 56 Para military forces in intra and inter country level
SUGGESTIONS n n n n Modernization of law enforcement agencies with latest gadgets Adequate training of intelligence personnel, police and Para military forces Dedicated and corruption free administration Exemplary punishment of pimps/ touts and other perpetrators of transnational criminal gang All states should have specific monitoring mechanism. A task force core committee may be constituted to look into the issue of trafficking including Cross Border Trafficking. The committee must comprise NGOs, Police, para military, lawyers, people’s representatives and educators Adequate funding and machinery for the rescue, protection and repatriation of the victims by government National and State Human Rights Commissions should 57 encourage more and more research and also should
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