Manual 21904837

Manual 21904837
INDIA COUNTRY ASSESSMENT REPORT:
CURRENT STATUS OF VICTIM SERVICE PROVIDERS
AND CRIMINAL JUSTICE ACTORS ON
ANTI HUMAN TRAFFICKING
A REVIEW COMMISSIONED BY UNODC
This assessment was made possible through funding from the European Union
India Country Assessment Report on Human Trafficking
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About the Report
Trafficking in persons is an organized crime that violates basic human rights.
With the entry into force of the United Nations Convention against Transnational Organized Crime
(UNTOC) and its Protocols, the international community took a major step in the fight against
organized crime. The Protocol in particular gives the first comprehensive definition of human
trafficking. It obliges States to criminalize this practice, and many have adopted legislation translating
the Protocols' obligations into national law. Reaffirming its commitment to prevent and control
trafficking in persons, India ratified the UNTOC and the Trafficking Protocol in 2011.
UNODC with support of the European Union is implementing a Global Project focused on ‘Promoting
the implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children (Trafficking Protocol), and the Protocol against Smuggling of Migrants by Land,
Sea and Air (Smuggling Protocol), both supplementing the UNTOC’.
It is felt that in many countries, there is lack of an environment that adequately assists and protects
victims of trafficking. Similarly, many countries do not adequately recognize the need for protection
of the rights of trafficked survivors and exemption from criminal liability as called for in the Trafficking
Protocol. Through the provision of protection and appropriate referral procedures, trafficked
survivors can gain the confidence and security to provide evidence against their traffickers during
the criminal investigation. To ensure a victim-centred and human rights approach to the crime of
trafficking in persons, there is a need to improve mechanisms for the identification of victims and
establish adequate referral procedures to institutions providing support, assistance and reintegration.
Moreover, it is of utmost importance to institutionalize – that is to clearly regulate and guide – the
working relationship between the police and NGOs with a view to better assist trafficked survivors and
create an environment in which they feel safe and secure to participate in the criminal investigation.
To this end, UNODC has undertaken a country assessment on the current status of victim service
providers and criminal justice actors in India. This report is a result of ten months (March-December
2012) of intensive consultations with the nodal AHT officers, field visits to see the functioning
and measure the impact of the Anti Human Trafficking Units (AHTUs) on the ground, visits to the
government and NGO run shelter homes, interaction with Ministry and NGO officials. Given the
clandestine nature of the crime and difficulty in reporting the same, data and statistics are largely
based on anecdotal and media reports. We sincerely hope that the findings of this report will pave
the way for developing a strategic plan on establishing an adequate system of victim assistance,
protection and referral mechanism for the country.
Acknowledgements
Principal Author and Supporting Team
Mr. Ravi Kant, Advocate, Supreme Court of India
Mr Nishi Kant, Team Member, Shakti Vahini
Mr Subir Roy, Team Member, Shakti Vahini
Ms Vibhuti Ramachandran, Intern, Shakti Vahini
Ms Rajul Jain, Intern, Campus Law Centre
Mr Rishi Kant, Team Member, Shakti Vahini
Ms Saie Shetye, Team Member, Shakti Vahini
Mr Laulendra Kaushik, Team Member, Shakti Vahini
UNODC gratefully acknowledges contributions by:
Ministry of Home Affairs, Government of India
Ministry of Women and Child Development, Government of India
All Nodal Officers of the State Anti Human Trafficking Units
UNODC Regional Office for South Asia
Ms. Cristina Albertin, Representative
Dr. Suruchi Pant, Deputy Representative
Ms. Swasti Rana, Project Officer
Ms. Geeta Bhaskar, Admin and Finance Assistant
UNODC Headquarters
Ms. Alexia Taveau, Project Coordinator
This review would not have been possible without the financial support of the European Union.
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List of Abbreviations
AHTU
: Anti Human Trafficking Unit
BLA
: Bonded Labour Act
CARA
: Central Adoption Resource Agency
CLA
: Child Labour Act
CBI
: Central Bureau of Investigation, Govt. of India
CID
: Criminal Investigation Department (of the State Government)
CRC
: Child Rights Convention (of the UN)
CrPC
: Criminal Procedure Code
CWC
: Child Welfare Committee
CSE
: Commercial Sexual Exploitation
CSW
: Commercial Sex Worker
CSWB
: Central Social Welfare Board, Govt. of India
DD
: Daily Diary
FIR
: First Information Report
GD
: General Diary
ICPS
: Integrated Child Protection Scheme
ILO
: International Labour Organization
IPC
: Indian Penal Code
ITPA
: Immoral Trafficking Prevention Act
JJ Act
: Juvenile Justice Act
MHA
: Ministry of Home Affairs
MPB
: Missing Person Bureau
MWCD
: Ministry of Women and Child Development, Govt. of India
NCLP
: National Child Labour Project
NCRB
: National Crime Records Bureau
NCT
: National Capital Territory of Delhi
NCW
: National Commission for Women
NCPCR
: National Commission for Protection of Child Rights
NHRC
: National Human Rights Commission
NIPCCD
: National Institute of Public Cooperation and Child Development
NPA
: National Plan of Action (of the Government India to Fight Trafficking for Commercial Sexual
Exploitation)
NSSO
: National Sample Survey Organization
PIL
: Public Interest Litigation
Trafficking Protocol: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, 2000
SC
: Supreme Court of India
SCC
: Supreme Court Cases (a case decided by the Apex Court)
TIP
: Trafficking in Person
TIT
: Trial Initiative against Trafficking
UN
: United Nations
UNCRC
: United Nations Convention of Rights of the Child
UNICEF
: United Nations International Children’s Emergency Fund
UNODC
: United Nations Office on Drugs and Crime
UT
: Union Territories
WCD
: Women and Child Development (of the State Government)
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Table of Contents
List of Abbreviations................................................................................................................................................ 5
1. Situational Analysis...................................................................................................................................... 9
2. State Response to Combat Human Trafficking........................................................................................... 16
3. Way Forward.............................................................................................................................................. 20
INTRODUCTION
1. Defining Trafficking.................................................................................................................................... 22
2. Constitutional Provisions........................................................................................................................... 22
3. The Criminal Law (Amendment) Ordinance 2013...................................................................................... 23
4. Special Legislations................................................................................................................................... 24
5. International Conventions.......................................................................................................................... 25
6. Judicial Mandate........................................................................................................................................ 25
INITIATIVES OF THE GOVERNMENT OF INDIA
1. Ministry of Home Affairs . ......................................................................................................................... 29
2. Ministry of Women and Child.................................................................................................................... 32
3. Ministry of Labour and Employment.......................................................................................................... 45
4. Ministry of Overseas Indian Affairs............................................................................................................ 51
5. Initiative on Missing Children..................................................................................................................... 53
STATE GOVERNMENT INITIATIVES1
1. Andhra Pradesh ........................................................................................................................................ 61
2. Assam........................................................................................................................................................ 65
3. Bihar.......................................................................................................................................................... 71
4. Chhattisgarh.............................................................................................................................................. 75
5. Delhi.......................................................................................................................................................... 79
6. Goa........................................................................................................................................................... 85
7. Gujarat....................................................................................................................................................... 89
The report initially focused on 14 States in India . The report was expanded to cover more states which had reported cases of Human
Trafficking.
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8. Haryana .................................................................................................................................................... 93
9. Jharkhand ................................................................................................................................................. 99
10. Karnataka................................................................................................................................................. 105
11. Kerala....................................................................................................................................................... 109
12. Madhya Pradesh...................................................................................................................................... 113
13. Maharashtra............................................................................................................................................. 117
14. Manipur................................................................................................................................................... 123
15. Meghalaya................................................................................................................................................ 127
16. Mizoram................................................................................................................................................... 131
17. Odisha...................................................................................................................................................... 135
18. Rajasthan................................................................................................................................................. 139
19. Tamil Nadu............................................................................................................................................... 143
20. Uttar Pradesh . ........................................................................................................................................ 149
21. West Bengal............................................................................................................................................. 153
NGO INITIATIVES.................................................................................................................................................. 157
ANNEXURES......................................................................................................................................................... 171
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Situational Analysis of Human Trafficking in India
Trafficking in human beings, especially in women and children, has become a matter of grave concern in India.
Trafficking is an organised crime which thrives on human misery. Despite strong steps taken by the Government of
India, the trafficking rackets and gangs have become more organised and expanded into newer forms of trafficking.
The crime has expanded in such a way that today almost every state is affected with this social and criminal menace.
Though trafficking for commercial sexual exploitation continues to be an area of concern, lately, there has been an
increase in trafficking of women and children for forced labour, bondage and slavery. The situational analysis of the
dimensions of human trafficking in India is as follows:
Child Labour and Trafficking
There is an increasing trend of migration and trafficking of children for labour in different parts of the country.
Compelled by the socio-economic conditions, a large number of children are migrating from economically backward
areas to big cities for work. In many of these cases, children are being trafficked by middle men and agents who are
bringing them to the employers in the city by extending meagre advances to the parents and giving false assurances
of lucrative jobs etc. These children work under highly exploitative situations such as very long working hours, paltry
wages, unhygienic and most difficult working conditions. Such children mostly work in industries like zari making
(gold thread work), jewellery units, domestic help, dhabas (local highway restaurants), tea stalls, etc. Very often,
they are kept within the confines of the work places and therefore, lack any kind of freedom and are vulnerable to
abuse. There are instances of migration or trafficking of children for labour from neighbouring countries like Nepal
and Bangladesh. So far away from their families, these children are highly vulnerable to all kinds of abuse, including
physical and sexual abuse.
The National Commission for Protection of Child Rights (NCPCR) has reported a rampant child labour problem in
Gujarat and Rajasthan for children to work in the BT cotton fields. Many of the children working in these cotton fields
are coming from Uttar Pradesh, Bihar and West Bengal2.
The latest government data shows that over 1,26,000 such cases of child labour trafficking were registered during
2011-12. A total of 4,52,679 cases were reported since 2008-09, with the highest number of 1,33,266 such incidents
taking place during 2009-10. In 2010-11, 95,289 cases were registered in the country. During 2011-12, the maximum
number of 29,947 cases was reported from Uttar Pradesh, followed by 19,673 instances in Bihar. From the National
Capital, 605 cases were registered3.
Bihar, Uttar Pradesh, West Bengal, Jharkhand, Odisha, Madhya Pradesh, Assam and Chhattisgarh continued to
remain high source areas for trafficking of children for the purpose of forced labour. In the year 2009-2011, Bihar
and Uttar Pradesh have reported that more boys are missing than girls4.
These children are being brought from Nepal, Bangladesh and Eastern parts of India to be used as low paid workers in these
dangerous coal mines. The entry to these mines is restricted and only children can gain access to these mines5. Pursuant
http://www.ncpcr.gov.in/Reports/Report%20on%20Gujarat%20Visit%20Oct%202011.pdf, accessed on 14.08.2012
http://indiatoday.intoday.in/story/over-1.26-lakh-cases-of-child-trafficking-reported-in-2011-12/1/213814.html, accessed on 14.08.2012
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Missing Children Data 2009-2011, NCRB
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The NCPCR team found children working in hazardous conditions in coal depots and road construction. It was confirmed from the size of
rat holes that only children can work and adults cannot enter into it. Visiting the area with widespread coalmines, the team observed that
in none of the coalmines, any safety measures were provided for, not to mention the welfare measures, not even a first aid kit could be
seen in any of the depots/mines. The coalmine area was bereft of any crèche for working mothers and no anganwadi centre could be seen
operational. On account of a message spread by the local administration, as reported by one of the managers of a coal depot, the children
working in the area were reportedly sent away to the jungle surrounding these mines. However, the rat holes prevalent in the mines bore the
testimony of prevalence of child labour, as it is humanely not possible for an adult to enter those holes to extract the Black Gold- the Coal,
and this was concurred by the District Administration and the Deputy Labour Commissioner accompanying the team.
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to the state wide research conducted by Impulse, the NCPCR
sent a team to investigate the child rights violations. The
NCPCR team found children working in hazardous conditions
in coal depots and road construction. It was confirmed from
the size of rat holes that only children can work here while
adults cannot even enter inside6.
Impulse, an NGO based in Meghalaya
(North East India) conducted a state wide
research and reported that thousands of
trafficked children are being exploited to
dig coal in the rat mines of Meghalaya
Child Trafficking for Domestic Help and Maids
There has been an increasing trend of children being trafficked from the states of Jharkhand, Chhattisgarh, Odisha,
Assam, West Bengal and Madhya Pradesh for the purpose of domestic labour. The trafficking of children is being
undertaken by illegal placement agencies. Many of these placement agencies are operating from Delhi and the NCR
(National Capital Region). These placement agencies are earning huge profits by bringing in children from these states.
Trafficking and Placement agencies
The modus operandi of the placement agencies is to recruit children from far flung tribal villages by luring them
with the promise of getting jobs. Once these children reach the capital they are traded off to prospective employers
who pay an advance of Rs.30,000 (USD 566) to Rs.45,000 (USD 849) plus Rs.10,000 (USD 189) to Rs.15,000
(USD 283) as placement agency charges. After the money has been paid, the custody of the children is given to the
employers. The children have to work 10-14 hours daily without any salary or holidays. The advance money taken
by the placement agencies never reaches the family of the child. After sometime, these children become bonded and
they are forced to work. Many such children have reported physical and sexual abuse, torture and violence. It is only
when information reaches the police about their conditions, that the rescue takes place. The Crime Branch, Delhi
Police in collaboration with various organizations has undertaken rescue operations of hundreds of such children
between 2010-12.
The Department of Labour, Delhi Government concerned about the problems of mushrooming placement agencies
and their involvement in trafficking of children has drafted a new legislation called “The Delhi Private Placement
Agencies (Regulation) Bill, 20127”. Many of these placement agencies are organized crime rackets specialising in
child trafficking. They regularly change their addresses as well as the name of the firm to escape prosecution. These
agencies also have very strong networks in the source areas. They threaten the parents and prevent them from
lodging complaints. Investigation has proved that these agencies have been involved in trafficking of thousands of
children and are also responsible for the missing children figure in the states.
Trafficking for Forced Marriages
Often projected as voluntary marriage, every year, thousands of
Decades of unchecked sexyoung women and girls are lured into the idea of a happy married
selective abortions have resulted
life with a rich man in Punjab or Haryana. Most ‘purchased
in Punjab and Haryana facing a
brides' are exploited, denied basic rights, duplicated as maids,
serious shortage of marriageable age
and eventually abandoned. With skewed sex ratios (Punjab-893,
women, making human trafficking a
Haryana-877 females per 1,000 males) it is impossible to find a
lucrative and expanding trade.
bride for each man, and ‘importing a bride' has become the only
solution. The demographic situation of these states has become so
skewed that it will take many years to stabilise the situation. The demand for “marriageable age” girls is so intense
that organised trafficking rackets have started operating in Haryana, Punjab and Uttar Pradesh.
6
http://www.ncpcr.gov.in/Reports/Jaintia%20Hills%20Visit%20Report%20-%20Revised.pdf, accessed on 14.08.2012
http://www.business-standard.com/generalnews/news/govt-submits-to-hc-draft-bill-to-regulate-placement-agencies/14388/,
accessed on 28.09.2012
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A field study on the impact of sex ratio on the pattern of marriages in Haryana by Drishti Stree Adhyayan Prabodhan
Kendra NGO covering over 10,000 households, revealed that over 9,000 married women in Haryana were bought
from other States. The study which covered 92 villages of Mahendragarh, Sirsa, Karnal, Sonepat, and Mewat districts
said that most of the people accepted it as a common practice, but denied having bought a bride in their family. Most
of the women and girls for forced marriages come from poverty-ridden villages of Assam, West Bengal, Jharkhand,
Bihar and Odisha, because their families need money and hence fall in the trap of traffickers. Most are untraceable or
exploited or duplicated as domestic servants by the agents or men who marry/buy them. There are also instances of
girls being resold to other persons after living a married life for a few years8.
Trafficking for forced marriages has also been reported from the Kutch area in Gujarat. Hundreds of Bengali-speaking
Muslim women are being trafficked from West Bengal and Bangladesh to Kutch, where they are sold off as brides,
due to the districts’ skewed sex ratio and unmarried men’s desperate hunt for wives. A large number of these women
are even pushed into the flesh trade9.
Trafficking for Commercial Sexual Exploitation
Trafficking for commercial sexual exploitation is on the increase. West Bengal, Andhra Pradesh, Karnataka,
Maharashtra and Odisha continue to be the high source areas in India for the purpose of trafficking to the red
light areas across India. The missing girls’ data in these states continue to be very high. With modernization, the
commercial sexual exploitation of women and children for the purpose of prostitution has undergone a change.
The red right areas have continued to be prostitution dens but the business has expanded out of the red light areas
and has become much more organised by providing services on demand. The operators of the sex trade have
expanded their business and have started operating from residential colonies, market places, malls etc., in the garb
of friendship clubs, escort services, massage parlours, spa, dance bars, beer bars etc. This has helped the traffickers
to earn maximum money and also get access to high paying customers. They have even started advertising their
services in the newspapers and internet. Deals are fixed on the phone itself and transactions happen through the
internet. Such agencies have mushroomed across the country and even though there has been a lot of police action
through the AHTUs the business continues to expand.
The India Today, a leading news magazine while documenting
this growth in prostitution rackets reported how women and
girls are being brought from Ukraine, Georgia, Kazakhstan,
Uzbekistan, Azerbaijan, Chechnya and Kyrgyzstan, all of which
are part of the Commonwealth of Independent States (CIS)10.
The rackets are also procuring victims from Nepal, Thailand,
Malaysia etc. In 2012, the police have busted sex rackets being
run from Pune and Goa11 supplying women and girls from
Thailand12. Most of the business is transacted via the internet
and has become a money spinning business.
North East India has also emerged
as a high source area for trafficking of
women and children. Girls from Manipur,
Nagaland, Meghalaya and Mizoram have
been rescued from various trafficking
rackets from Goa, Maharashtra, Andhra
Pradesh and Karnataka
Kidnapping Rackets and Denotified Tribes
Police investigations have in Delhi, Agra, Madhya Pradesh and Rajasthan found that the denotified tribes13 (also
known as criminal tribes) like the Bedia, Nat, Kanjar, Banjara etc. practising prostitution as a tradition in the family
http://www.thehindu.com/news/national/article2400857.ece, accessed on14.08.2012
http://indiatoday.intoday.in/story/bengali-speaking-girls-human-trafficking-kutch-flesh-trade/1/213428.html, accessed on 14.08.2012
10
http://indiatoday.intoday.in/story/the+new+white+flesh+trade/1/80283.html, accessed on 14.08.2012
11
http://articles.timesofindia.indiatimes.com/2012-09-04/goa/33581128_1_massage-parlours-goa-police-racket, accessed on 14.08.2012
12
http://articles.timesofindia.indiatimes.com/2012-06-23/pune/32381837_1_parlour-thai-women-immoral-trafficking-act, accessed on
14.08.2012
13
http://en.wikipedia.org/wiki/Denotified_Tribes, accessed on 21.11.2012
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have been found to be involved in kidnapping of minor girls from across North India. They kidnap minor girls and
rear them as their own children. They use hormones like oxytocin on the minor girls to make them look older14. The
victims are then supplied as dancers in the bars of Mumbai and also for further supply to Middle East countries
including Dubai for prostitution rackets. Police investigations in a village in Alwar district of Rajasthan have found
that women from these villages have a large number of passports. Madhya Pradesh police investigations in Mandsaur
district have also found similar activity in prevalence15.
Supply of Victims for Prostitution in Middle East
There is a continuous traffic of victims from India being sent as entertainers and actors for the sex rackets operating
in Middle East countries. Police in Mumbai16 have arrested many groups being sent to Dubai from the airports.
Similar investigations by Kerala Police and Delhi Police have indicated the flourishing trade of supplying victims
from India for prostitution17. In a recent case in August 2012 one of the victims had lodged a complaint with the
Mumbai Police that she had been induced on the pretext of a dance performance in gulf countries. After detailed
investigation and follow up, the police busted a racket and rescued 37 victims who were being sent to Dubai for the
purpose of prostitution. Similarly, a Crime Branch team investigating a sex racket in Kochi, whereby young girls were
taken to the Gulf, found that about 12 girls were transported with the assistance of Kochi airport officials by forging
the passports. The Crime Branch investigation was held on the basis of the complaint from a girl who escaped the
clutches of the racket and reached Mumbai. The sex racket operating in the Gulf has links across the country and
also has agents operating in Kerala18.
Trafficking and Adoption Rackets
There has been an increase in trafficking of children for adoption. The traffickers procure children from impoverished
and poverty stricken families by paying them money and then pass off these children for adoption abroad. Police
investigations in Delhi and many parts of the country have found such cases are rampant19. Cases have been
reported from Jharkhand, Andhra Pradesh, Maharashtra and Delhi of illegal adoption agencies selling off children
for adoption. Though the Government of India has notified a Central Agency to monitor adoptions, the practise of
procuring children for adoption through exchange of money has shown an increase. In a shocking story of child
trafficking and exploitation of the poor, a sting operation carried out by CNN-IBN and Cobrapost (print and electronic
media houses), uncovered a “baby bazaar” in a government hospital in Uttar Pradesh, where babies were being
stolen from poor parents and sold to the highest bidder20.
Trafficking of Children by Unregistered Homes in South India
Hundreds of children from the north-eastern states are being trafficked by well-networked groups, who have found
a safe haven in Tamil Nadu. Children from Manipur, especially those belonging to the Kuki tribe21, are targeted by
traffickers masquerading as evangelists and missionaries, as people in the insurgency-hit areas are willing to send
off their children if they are promised a good education. The children aged 6 - 15 years are kept in pathetic conditions
and are often made to do jobs like carpentry, cooking and laundry. There have even been cases of children dying
under suspicious circumstances while some are being molested and abused22.
http://indiatoday.intoday.in/story/Girls+drugged+into+puberty,+sold+as+prostitutes/1/99132.html, accessed on 14.08.2012
http://daily.bhaskar.com/article/MP-OTC-32-girls-abducted-for-brothels-rescued-2628838.html, accessed on 14.08.2012
16
http://www.hindustantimes.com/India-news/Mumbai/Sex-racket-busted-Cops-rescue-36-women-from-Delhi-airport/Article1-914252.aspx,
accessed on 14.08.2012
17
http://www.siasat.com/english/news/sex-racket-involving-300-girls-busted, accessed on 14.08.2012
18
http://ibnlive.in.com/news/sex-racket-girls-taken-to-gulf-on-forged-passports/27 84-62-126.html, accessed on 12.08.2012
19
http://articles.timesofindia.indiatimes.com/2010-10-19/delhi/28262187_1_child-trafficking-childless-couples-police-zero, accessed on 12.08.2012
20
http://www.firstpost.com/india/baby-trafficking-bazaar-unearthed-in-up-274650.html, accessed on 12.08.2012
21
http://en.wikipedia.org/wiki/Kuki_people, accessed on 21.11.2012
22
http://articles.timesofindia.indiatimes.com/2010-01-26/india/28147902_1_child-traffickers-kuki-manipur-and-assam, accessed on 12.08.2012
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In the month of January 2010, 54 boys from Tousem sub-division in Tamenglong district of Manipur were found
trafficked to Tamil Nadu and later rescued by the volunteers of Child Welfare Committee (CWC), Tirunelveli from a
children’s home. The boys were admitted to the children’s home through one local agent, N. Paul from Tamenglong
who had taken Rs 6,000 (USD 111)-Rs 7,000 (USD 130) for each child with the false promise of giving free education.
The boys were kept in miserable conditions with no proper food and education. They were also harassed both
mentally and physically by the warden of the home23.
Nineteen children from Odisha were rescued from illegal confinement from a children's home in Coimbatore district
of Tamil Nadu24. Unregistered child care homes have come under the state government's scanner after trafficking
of 37 children, including 36 from the state, came to light from unregistered institutions in Tamil Nadu. The Women
and Child Development Department of Odisha has asked the Child Welfare Committees (CWCs) in various districts
to monitor the unregistered institutions25.
The Supreme Court concerned with the rising number of trafficking of children from North East and other regions of
the country to unregistered homes in Kerala and Tamil Nadu issued notice to the states and Union of India to submit
a detailed report in this regard. The court appointed the NCPCR to submit a detailed report. The NCPCR was also
directed by the Court to monitor the child trafficking situation in these states. The court has in this regard issued
various directions to the state government to ensure protection of children in these states26.
Kerala government has recently advised the orphanages in the state not to admit children under 12 years from Naxalinfested states and North-eastern states. The Social Welfare Department issued an advisory note after the CWC had
alerted the government that several groups were trafficking children from North-Eastern states to Kerala under the
pretext of offering free education and boarding in orphanages in Kerala.
Trafficking for Child Labour in the name of Education
A worrying trend has emerged in Bihar, which is considered a source state for child labourers to various states.
Middlemen in the guise of clerics are fooling parents of prospective child labourers, saying that their wards will be
taught free of cost in madarsas (Islamic education institutions)27. Similarly, an investigation by “Tehelka” (a news
magazine) has found that traffickers in the role of clerics have been recruiting children for the purpose of cheap child
labour in Delhi. Many of these children are brought to Delhi in the name of education in the Madarsas and eventually
made to work as child labour in the sweat shops of Delhi28.
Child Trafficking and Begging Rackets
Recent rescue of four Bangladeshi children have pointed to the
Many children are brought
operation of an international gang of traffickers who kidnapped
from Bihar to Delhi in the name
children from Bangladesh, Nepal, West Bengal, Odisha and Bihar
of education in the Madarsas and
and then forced them to beg at important corners of the city
eventually made to work as child
which attract a lot of crowd. The money the children got through
labour in the sweat shops of Delhi
begging is taken away by their handlers while the children are told
to manage their meals by eating at temples and mosques. To keep
them hooked, the gang hands out low-end drugs and stimulants
like whiteners to the children. To evoke pity among people, the gang often mutilate the limbs of some children.
Delhi Police has been informed about the arrest of an international trafficker in Bangladesh who offered incentives
http://kanglaonline.com/2011/01/2010-saw-highest-number-of-child-trafficking-cases-in-manipur/ , accessed on 12.08.2012
http://articles.timesofindia.indiatimes.com/2012-06-27/bhubaneswar/32440615_1_odia-odisha-saranalayam, accessed on 12.08.2012
25
http://articles.timesofindia.indiatimes.com/2012-06-28/bhubaneswar/32456311_1_odia-odisha-child-care, accessed on 12.08.2012
26
RE: EXPLOI.OF CHILN.INJ ORPH.IN ST.OF T.N Writ (Crl.) 102 of 2007. Case pending in the Supreme Court
27
http://dailypioneer.com/nation/91384-child-labour-racketeers-don-guise-of-clerics.html , accessed on 12.08.2012
28
http://www.tehelka.com/story_main46.asp?filename=Ne110910Coverstory.asp, accessed on 12.08.2012
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to impoverished children around Dhaka Airport in the form of jobs in India. He used the Indo-Bangladesh border at
Bangaon to smuggle them to Kolkata before making them board trains from Howrah and Sealdah in West Bengal29.
A Bangalore police investigation led to the busting of a gang of traffickers bringing in small children from Andhra
Pradesh, Madhya Pradesh, Chhattisgarh and Rajasthan for using them for begging purpose. The police operation led
to the rescue of 300 children who were trafficked and also found to be drugged30. Such trafficking rackets and gangs
are active in almost all the metropolitan cities of the country.
Organ Trafficking
There have been media reports of organ trafficking from India. The availability of cyclosporine, new surgical methods
of organ transplantation and lack of proper medical ethics to prevent such a practice, acted as catalysts in the
emerging arena of Indian organ trade. Further, the curse of poverty coerces people to sell their kidneys to repay any
kind of debt31.
The victims of organ trafficking, such as, in cases of human trafficking are recruited from vulnerable groups surviving
under conditions of extreme poverty, unemployment or not having any alternative income support. Most likely
situations are under pretext of false assurances coercing poor vulnerable social groups to sell their organs and in
return, receiving huge money as brokerage sum from rich recipients. However, the nature of middlemen in organ
trafficking differ from other forms of trafficking since, there is an active involvement of medical professionals,
ambulance drivers and mortuary workers32.
Investigation by the Haryana Police into a trafficking racket run by a doctor has brought to light the rampant kidney
racket operating in Northern India. Hundreds of poor labourers were tricked into selling kidneys. Trade in human
organs is banned in India but many continue to sell their kidneys to clients, seeking transplants. Many poor labourers
are lured from across Northern India and bribed into selling their kidneys. Investigations have found that the trafficker
would pay about one hundred thousand rupees (approx USD 1,800) to the person tricked into donating the kidney33.
Missing Children and Human Trafficking
The NHRC Action Research 2004 clearly brought out the linkages of human trafficking and missing persons34. Since
then the missing persons figures reported by the NCRB has been under close scrutiny as to the number of women
and children being trafficked in India. The missing children data in India is grave in terms of the number of children
who continue to remain missing. The NHRC Report estimated 44,000 missing children during the period 1996-2001,
while a report on missing children by Bachpan Bachao Andolan (NGO) has reported a total of 1,17,480 children
missing in 2010-1135.
As per the NCRB data for the period 2009-2011, a total of 1,776,60 children were reported missing out of which
1,22,190 children were traced and 55,470 children continue to remain missing. Out of the children who continue to
remain missing, 35,615 (64%) of them are minor girls.
In the period 2009-2011, a total of 1,59,418 women were reported missing. Out of this, 1,03,468 women were traced
and 55,950 continued to remain missing.
http://articles.timesofindia.indiatimes.com/2011-12-18/delhi/30530724_1_international-gang-nizamuddin-dargah-cwc, accessed on 12.08.2012
http://articles.timesofindia.indiatimes.com/2011-12-16/bangalore/30524200_1_bangalore-police-beggar-police-officer, accessed on 27.11.2012
31
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2019001, accessed on 10.09.2012,
32
http://www.unodc.org/documents/human-trafficking/2008/BP011HumanTraffickingfortheRemovalofOrgans.pdf, accessed on 10.09.2012
33
http://news.bbc.co.uk/2/hi/south_asia/7212596.stm, accessed on 12.08.2012
34
http://nhrc.nic.in/Documents/ReportonTrafficking.pdf, accessed on 28.09.2012
35
http://bba.org.in/images/Synopsis.pdf, accessed on 10.09.2012.
29
30
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Trafficking through Illegal Recruitment Agencies
Emigration of Indian workers seeking employment in 17 Emigration Check Required (ECR) notified countries is
regulated under the Emigration Act, 1983. Despite the existing framework to facilitate legal migration and the
efforts made by the government to prevent irregular migration, complaints regarding fraudulent offers of overseas
employment and cheating of job seekers are received by the Ministry of Overseas Indian Affairs from time to time.
Such complaints include fraudulent advertisements for jobs abroad, fake recruitments for non-existing employers
or for foreign employers who never authorized the agents, thus rendering the workers without jobs; and offers
of exaggerated benefits to lure job seekers. These complaints are received against registered recruiting agents,
unauthorized intermediaries as well as some foreign employers. Whenever a complaint is received against a registered
recruiting agent about cheating or exploitation of an emigrant, action is initiated for suspension or cancellation of
the registration certificate of the recruiting agent. If the recruiting agent indulges in forgery of documents, he is also
prosecuted through the state police. Complaints against illegal agents are referred to the state police for prosecuting
them. If there is a complaint against an employer about exploitation of the worker, proceedings for blacklisting of the
employer are initiated. Attestation of work contracts by the Indian mission concerned has been made mandatory in
all cases of women workers holding ECR passports, emigrating to ECR countries.
For protecting the safety and welfare of women workers of the ECR (Emigration Check Required) category to emigrate
to 17 ECR notified countries, the government has notified minimum age limit of 30 years and has made it mandatory
in respect of all intending women emigrants. The employment contract must be duly attested by the Indian Missions
in respect of all such women. Women household workers are allowed to emigrate after the Indian mission has
attested the identity of the foreign employer and terms and conditions of the contract. A pre-paid mobile facility
must be provided by the employer to every woman household worker. The Foreign Employer recruiting a woman
household worker is required to deposit a security amount of USD 2500 with the Indian Mission.
Despite these provisions there has been increasing reports of women being trafficked into prostitution in the name
of domestic workers / stage performers in Middle East countries. Illegal recruitment agencies have been very active
in the North East, North Bengal, Kerala and Maharashtra. Many of these recruitment agencies work illegally and lure
women and girls into exploitative working conditions abroad. Victims from Nagaland were rescued from Malaysia
after they had been sold to the prostitution rackets. The travel agents operating under the guise of an NGO, Abel
and Leo Private Limited, had been luring girls in Assam, Nagaland, Manipur and Meghalaya with attractive job
offers including domestic helps in Singapore and Malaysia. The victims were sold to a nightclub in Kuala Lumpur36.
Nagaland police rescued five Manipuri girls, who were being lured to Singapore with job offers from Chumukedima
check post near Dimapur District in Nagaland37.
http://www.assamtribune.com/scripts/details.asp?id=oct0308/at07, accessed on 28.09.2012
http://e-pao.net/epSubPageExtractor.asp?src=news_section.editorial.editorial_2012.Human_Trafficking_What_are_we_doing_to_spot_it_
HL_20120704, accessed on 28.09.2012
36
37
State Response to Combat Human Trafficking
Legislations
1.
The Government of India has shown its commitment to combating human trafficking and strengthening
various legislations for victim protection by ratifying the United Nations Convention against Transnational
Organised Crime (UNTOC) and its three Protocols supplementing the convention which includes the Protocol
to Prevent, Suppress and Punish Trafficking in persons, especially Women and Children. The UNTOC along
with the Trafficking Protocol came into force in India with effect from 4th June 2011.
2.
The Government of India has constituted an Inter Ministerial Group to consider and recommend proposals
for the amendment to the special legislation in India titled the “Immoral Traffic Prevention Act, 1956”.
3.
The Ministry of Women and Child has notified the Protection of Children from Sexual Offences Act, 2012 to
strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first
time, a special law has been passed to address the issue of sexual offences against children. Sexual offences
are currently covered under different sections of IPC. The IPC does not provide for all types of sexual
offences against children and, more importantly, does not distinguish between adult and child victims.
4.
The Union Cabinet has in August 2012 recommended the amendment of the Child Labour (Prohibition &
Regulation ) Act 1986 to bring it in conformity with the Right to Education as mandated in Article 21-A of the
Constitution of India.
5.
The Government of India has also notified rules for the Juvenile Justice (Care and Protection) Act 2000 and
almost all states have adopted the model rules in their State Rules.
6.
The Government of India has strengthened the application and enforcement of the Emigration Act, 1983 to
regulate the recruitment agencies.
7.
The Government of India has amended the Code of Criminal Procedure in 2009 and included Section 357A relating to victim compensation, thus making victim compensation a reality in India. Compensation for
victims of human trafficking and grave sexual offences has been included as a special category by almost all
the states who have notified the scheme.
Judicial Interventions
1.
The Supreme Court of India has nominated the National Legal Services Authority and the State Legal Services
Authority to conduct training and sensitization programmes for all Juvenile Police Units across the country.
In the matter of Sampurna Behrua vs Union of India (Writ Petition Civil 473 of 2005) the court has been
monitoring the implementation of the Juvenile Justice (Care and Protection) of Children Act 2000.
2.
The Supreme Court in the matter of Re Exploitation of Children (Writ Petition Criminal 105 of 2008) has
appointed the National Commission for Protection of Child Rights to monitor the implementation of the
Juvenile Justice (Care and Protection) of Children Act 2000.
3.
The Supreme Court in the case Bachpan Bachao Andolan vs Union of India38 has laid down detailed guidelines
for combating human trafficking in India.
4.
The Supreme Court in the matter of Buddhadev Karmaskar vs State of West Bengal39 has constituted a panel
to examine the issue of rehabilitation of sex workers and trafficked victims. The committee has been holding
various meetings and consultations with various state governments to suggest solutions for strengthening
of the rehabilitation mechanism.
Bachpan Bachao Andolan (2011) 5 SCC judgement in the case related to exploitation of children
Criminal Appeal No 135 of 2010 in the Supreme Court. The Supreme Court in this case has been monitoring the state response to
rehabilitation of sex workers and victims of human trafficking
38
39
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5.
The Supreme Court in 2012 has issued notice to all states on the issue of missing children.
6.
The High Courts of Delhi, Punjab and Haryana have passed detailed orders to register FIR in cases of missing
children.
Ministry of Home Affairs, Government of India
1.
The Ministry of Home Affairs’ initiative of creating an Anti Trafficking Cell has led to the strengthening of
the law enforcement response to the organised crime of human trafficking. The Ministry has initiated 225
AHTU’s across the country (as of August 2012) which has led to the increase in registration of cases and
strengthening of prosecutions.
2.
The nodal officers meeting being conducted by the Ministry has led to strengthening of inter-state police
cooperation which was a contentious issue in the fight against human trafficking. During 2010-12, in most
cases of human trafficking, police investigations have started to cover the traffickers at the source, transit
and destination.
3.
The Advisories issued by the MHA has led to the strengthening of various legal procedures and investigations
of cases of human trafficking. The advisories have brought clarity on many of the issues concerning
enforcement of laws on human trafficking in India. The State Governments have been asked to implement the
advisories and send action taken reports. With the various proactive advisories, the State Governments have
started capacity building of the various law enforcement agencies in their states. The advisories have also
created a mandate for the State Governments to ensure convergence among all stakeholders in the state.
4.
The training and capacity building of law enforcement agencies including the prosecutors have created a
big difference in countering human trafficking. The law enforcement machinery has become responsive and
aware of the complexities of the crime of human trafficking. The need of multi stakeholder participation in
each case of trafficking is being ensured.
5.
The capacity building and training of prosecutors has also created good results in terms of the prosecutors
devoting time with the victims and understanding their case history. The very fact that victims and prosecutors
are having an interview in the presence of the NGOs lead to the prosecutors' getting clarity in the case. Also
the instructions have been provided to the prosecutors to get help from NGO’s counsels in this regard.
6.
The Judicial Colloquiums being held at the High Court level is creating a positive impact in the trial of cases
of human trafficking. A mandate is being created by the high courts to ensure fast trials of cases of human
trafficking and dealing with victims in a sensitive way. The Colloquiums have led to the capacity building of
trial court magistrates.
7.
The Ministry has created a set of 12 Manuals for the training of law enforcement agencies in collaboration
with UNODC.
8.
The number of arrests of women under the Immoral Traffic Prevention Act 1956 has gone down indicating
that the police are not arresting the victims under Sec 8 ,ITPA40.
Ministry of Women and Child, Government of India
1.
The Ministry regularly holds Central Advisory Committee meetings to review the various issues in countering
human trafficking. Almost all the states and the nodal NGOs are part of the Central Advisory Committee.
2.
The Ministry has launched an ambitious comprehensive scheme called the “Integrated Child Protection
Scheme”. The scheme is to implement the provisions of the Juvenile Justice (Care and Protection of Children)
Act 2000. As a part of the scheme, all State Governments have initiated the State Child Protection Societies.
The scheme has led to the formation of country wide network of District Child Protection Societies, Child
Protection Homes and the creation of Child Welfare Committees. This scheme has led to the creation of
Section -8 of the Immoral Traffic Prevention Act ,1956 provides punishment for soliciting.
40
institutional bodies to ensure child protection at the district level and also to create convergence among
various stakeholders. To combat human trafficking and to ensure victim protection, the presence of these
institutions is very crucial. Besides creating the institutions, the Ministry has also initiated steps to build
their capacities. This scheme is making a big difference in countering human trafficking as the agencies have
been created across the country and are instrumental in conducting home investigation reports and also to
oversee repatriation and rehabilitation of victims of human trafficking.
3.
The Ministry has expanded the CHILDLINE network to 211 cities under the Integrated Child Protection Scheme.
The Ministry has increased budgetary allocation for its flagship schemes for rehabilitation which includes
Swadhar and Ujjwala Scheme. Proposals are being reviewed in consultation with the State Government
inputs and recommendations. The Ministry of Home Affairs has also been made part of the project sanction
committee. The Ministry is also taking steps to bring a monitoring mechanism for the shelter homes. The
Ministry has in principle taken a decision to sanction one Swadhar home in each district of the country. The
Ujjwala project has a very strong component of prevention of human trafficking at the source areas.
Ministry of Overseas Indian Affairs, Government of India
1.
The Ministry of Overseas Indian Affairs has created a helpline for providing immediate support to victims
who may be caught in exploitative situations while they are abroad for work.
2.
It provides monetary support to Indian women who are in distress in foreign countries.
3.
It has also implemented the registration of recruitment agencies indulging in supply of manpower to foreign
destinations. Recruitment agencies which are not registered are being prosecuted.
4.
The Ministry has also launched awareness programmes on illegal recruitment agencies and also prepared
manuals for the same.
5.
The Ministry has been proactively supporting return of victims of human trafficking who are caught abroad
in exploitative situations.
Ministry of Labour and Employment, Government of India
The Ministry of Labour, Government of India has drafted and operationalised the Protocol which provides practical
guidelines to key stakeholders on crucial issues relating to prevention, rescue, repatriation and rehabilitation of
trafficked and migrant child labour.
The Protocol operationalised by the Government of India follows the general principles of the UN Trafficking Protocol,
viz., Protection of rights of the child, Best interest of the child, Equality and non discrimination, Avoidance of harm,
Non criminalization of the child, Respect for views of the child, Right to confidentiality, Right to information shall be
broadly followed in the rescue, repatriation and rehabilitation of migrant and trafficked child labour. This Protocol
applies to any migrant or trafficked child labour in the country, irrespective of the child’s home state or country of
origin, without any discrimination on the grounds of gender, caste, language, ethnicity, religion or origin.
National Commission for Protection of Child Rights (NCPCR)
18
1.
The NCPCR has been inter-alia involved in the implementation of the Juvenile Justice (Care and Protection)
of Children Act 2000.
2.
It has been assisting the Supreme Court and the various High Courts in the implementation of legislations
related to children.
3.
It has done extensive case reports on the issue of child labour in BT cotton fields in Gujarat and Rajasthan.
4.
It has done extensive case reports on brick kilns in Rajasthan and Odisha.
5.
NCPCR has assisted the Supreme Court in providing a situational report in case of trafficking of children
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19
from the North East by shelter homes in South India.
6.
It has undertaken reports on the trafficking of child labour in the rat hole coal mines of Meghalaya and
trafficking of children from Jharkhand.
7.
On the orders of the Delhi High Court, the NCPCR has drafted an action plan for combating child labour in
Delhi. It has undertaken investigation of shelter homes in Haryana, Uttar Pradesh, Kerala and Delhi where
cases of sexual exploitation have been reported.
8.
NCPCR has been undertaking visits to various states to monitor the implementation of Right to Education
and Integrated Child Protection Schemes.
State Governments
1.
Many of the states have been proactively addressing human trafficking issues and taking measures to
strengthen the law enforcement and institutional machineries.
2.
The State of Andhra Pradesh, Kerala, Karnataka, Bihar and Goa have created a State Plan of Action to combat
human trafficking. Bihar Government has notified a scheme for combating child labour in the state.
3.
The State of Delhi , Andhra Pradesh , Meghalaya , Mizoram , Bihar , Rajasthan , West Bengal , Kerala ,
Manipur, Karnataka, Maharashtra, Odisha ,Tamil Nadu and Punjab have initiated the Victim Compensation
scheme.
4.
Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Odisha, Meghalaya and Mizoram have proactive State
Advisory Committees to coordinate convergence among various stakeholders.
5.
The State of Andhra Pradesh has put in place Minimum Standards of Care in shelter homes of victims of
trafficking. These standards for shelters for victims of commercial sexual exploitation/ survivors of sex
trafficking are those non-negotiable care components that should be integrated in any home managed either
by the government or the civil society to ensure that facilities for rehabilitation is in place as a matter of right
of the victim. These standards ensure that the safety, dignity and well being of each victim are provided for.
6.
Maharashtra Government is the first state government to create a SOP for the Child Welfare Committees.
7.
In view of the rising cases of trafficking of children from Jharkhand, the State Government has sanctioned a
shelter home in Delhi for coordinating the rescue and repatriation of children.
8.
Andhra Pradesh, Maharashtra and Delhi Police have taken proactive steps to trace missing children and
women. In these states the percentage of recovery of missing children and women has increased considerably.
9.
Andhra Pradesh, Delhi, Haryana and Punjab are registering FIR in cases of missing children.
10. Delhi Police has created a “zipnet” network of ten states for profiling missing children and missing persons.
11. The West Bengal Police has created a website for profiling missing children (www.trackthemissingchild.gov.
in).
12. AHTUs across the country have initiated a database of traffickers.
Way Forward
1.
The National Plan of Action 1998 needs to be reviewed and the same needs to be notified. State Governments
should also draft their Plan of Action to Combat Human Trafficking.
2.
The Central Advisory Committee to combat Human trafficking should meet more often and ensure
multistakeholder participation and interstate collaborations to combat Human Trafficking.
3.
Standard Operating Protocols need to be notified for inter state police investigations.
4.
Ensure regular meetings of the State Advisory Committees since they have a great potential to create
convergence among all stakeholders at the state level.
5.
To strengthen Police- NGO partnership and rescue efforts in the states, form advisory board of social workers
u/s 13 (b) of the ITPA.
6.
Frame Model Minimum Standards of Victim Care for shelter homes. This will enable the State Governments
to adopt them. This will ensure better victim care and protection.
7.
SOPs for the working of the Child Welfare Committees need to be put in place. Absence of such guidelines
creates situations of conflict between the law enforcement agencies, NGOs and the Child Welfare Committees
especially in cases of repatriation of trafficked victims.
8.
There is an urgent need for a review of the Rehabilitation Schemes for trafficked victims.
9.
Funds for the shelter homes need to be sanctioned on time to avoid mismanagement of the shelter homes.
The present system of sanction of instalments continues to be time consuming.
10. The budget allocation for skill development needs to be increased and the homes need to be linked to various
skill development programmes of the Government of India.
11. The ICPS has created various institutional mechanisms at the District level like the Child Protection Units
and the Child Welfare Committees. There is a need for capacity building and strengthening of institutions in
addition to adequate funding and infrastructural support so that these agencies can function properly and
ensure documentation of each and every case.
12. Undertake a vulnerability mapping study and research to find out the vulnerable areas from where trafficking
is rampant and bring in action plans to combat trafficking. The support of community organizations and
Panchayats is a must for ensuring prevention of trafficking.
13. Emphasis should be laid on prevention of trafficking from source and transit areas. Panchayati Raj
institutions should be strengthened and these can be facilitated to act as vigilance mechanism for prevention
of trafficking. Role of community in this exercise should be explored. Moreover, institutions like anganwadi
etc. can be used as vehicles for carrying information and awareness.
14. Missing Children is an area of concern and requires urgent attention.
15. The Missing Children Advisory Committee requires all State Governments to nominate a State Nodal Officer
on Missing Persons. Similarly, a District level nodal officer should be appointed to monitor cases of missing
children and women at the district levels.
16. The AHTUs and the Police need to ensure scientific and efficient investigations into the cases of crimes
against children and women. The present rate of conviction stands at 25%-30%. With multi stakeholder
participation and partnerships, the police can ensure better investigation of cases and also ensure strong
prosecution witnesses in order to get conviction of cases. All State Nodal Anti Human Trafficking Units
should monitor the conviction rates of human trafficking cases.
17. The state police agencies should ensure cooperation and active partnership between police stations and
AHTUs in order to ensure that police stations investigating trafficking cases get the support of specialised
AHTUs. Cases of organised crime in human trafficking should be referred to the CBI for further investigations.
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18. Ensure that the District level police training programmes on human trafficking are conducted in all vulnerable
areas. The quality of the training programmes need to be constantly monitored and all efforts should be
made to get it done through national level agencies specialising in trainings.
19. Upscale the budgetary provisions of the AHTUs and include costs for interstate police investigation and also
to upgrade investigation techniques. This is very important because of the crucial role the AHTUs are playing
in combating human trafficking.
20. Training manuals prepared by the MHA in collaboration with UNODC need to be translated into regional
languages.
21. Constitution of special courts for speedy trial in trafficking cases need to be established in all states as per
the provision of Immoral Traffic (Prevention) Act ,1956 .
22. Need for video conferencing facilities at district levels in order to ensure that trafficked victims don’t have to
personally appear for testifying and cross examination41.
23. There is a need of a country SOP for repatriation of victims from Bangladesh , Nepal and Bhutan. The SAARC
protocol provides a mandate and a platform for such cooperation and exchange of information. The SOP will
help to expedite the process of repatriation. The present process done at NGO level is slow and sometimes
it takes months to get victims of trafficking repatriated.
This can be ensured through video conferencing in light of the Judgement of the Supreme Court in State of Maharashtra Vs. Praful B Desai
41
CDR)2003(4) SCC 601.
Introduction
1. Defining Trafficking
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organised Crime (Trafficking Protocol) that was adopted in the
year 2000 and came into force in December 2003, has perhaps brought the much-needed and widespread consensus
on a working definition of trafficking at the global level.
Article 3 of the Protocol defines trafficking as:
(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of
persons, by means of the 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or
the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of
this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring 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
subparagraph (a) of this article;
(d) “Child” shall mean any person under eighteen years of age.
2. Constitutional Provisions
Article 14
Equality before Law
The State shall not deny to any person equality before the law or equal
protection of the laws within the territory of India.
Article 15
Prohibition of
discrimination on
grounds of religion,
race, caste, sex or place
of birth
(1) The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.
Article 21
Protection of life and
personal liberty
No person shall be deprived of his life or personal liberty except according to
procedure established by law.
Article 21-A
Right to education
The State shall provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the State may, by law,
determine.
Article 23
Prohibition of traffic
in human beings and
forced labour
(1) Traffic in human beings and begar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law.
(3) Nothing in this article shall prevent the State from making any special
provision for women and children.
(2) Nothing in this article shall prevent the State from imposing compulsory
service for public purposes, and in imposing such service the State shall not
make any discrimination on grounds only of religion, race, caste or class or
any of them.
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Article 24
Prohibition of
employment of children
in factories, etc.
No child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
Artice 39-A
Equal justice and free
legal aid
The State shall secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall, in particular, provide free
legal aid, by suitable legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to any citizen by reason
of economic or other disabilities.
3. The Criminal Law (Amendment) Ordinance, 2013
For section 370 of the Penal Code, the following sections shall be substituted, namely:–
370. (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e)
receives, a person or persons, by–
First – using threats, or
Secondly– using force, or any other form of coercion, or
Thirdly– by abduction, or
Fourthly– by practising fraud, or deception, or
Fifthly– by abuse of power, or
Sixthly– by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of
any person having control over the person recruited, transported, harboured, transferred or received, commits the
offence of trafficking.
Explanation 1– The expression “exploitation” shall include, prostitution or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude, or the forced removal of organs.
Explanation 2–
(1) The consent of the victim is immaterial in a determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which
shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for
life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for
a term which shall not be less than ten years but which may extend to imprisonment for life.
(5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable
with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to
imprisonment for life.
(6) When a public servant including police officer is involved in the trafficking of a minor then such public
servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s
natural life.
(7) If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person
shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that
person’s natural life.
370A.
(1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child
in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than
five years but which may extend to seven years, and with fine.
(2) Whoever, despite knowing or having reason to believe that an adult has been trafficked, employs such adult
for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years
but which may extend to five years, and shall also be liable to fine.’.
4. Special Legislations
Legislation
Purpose
The Protection of Children from The Protection of Children from Sexual Offences Act, 2012 has been enacted to
Sexual Offences Act, 2012
strengthen the legal provisions for the protection of children from sexual abuse and
exploitation. For the first time, a special law has been passed to address the issue of
(Notified on 14 December 2012)
sexual offences against children. Sexual offences are currently covered under different
sections of IPC. The IPC does not provide for all types of sexual offences against
children and, more importantly, does not distinguish between adult and child victims.
The Protection of Children from Sexual Offences Act, 2012 defines a child as any
person below the age of 18 years and provides protection to all children under the age
of 18 years from the offences of sexual assault, sexual harassment and pornography.
These offences have been clearly defined for the first time in law. The Act provides for
stringent punishments, which have been graded as per the gravity of the offence. The
punishments range from simple to rigorous imprisonment of varying periods. There is
also provision for fine, which is to be decided by the Court.
Immoral Traffic (Prevention) Act,
1956
To combat commercial sexual exploitation and prohibits prostitution. It has provisions
for providing rehabilitation and protection to victims of commercial sexual exploitation
The Juvenile Justice (Care and
Protection of Children) Act, 2000
Defines a child and provides provisions for care and protection of children. It
has provisions which provide for protection measures for the repatriation and
rehabilitation of children.
Child Labour (Prohibition and
Regulation) Act, 1986
It has provisions which prohibit child labour. The law has provisions for rehabilitation
of child labour.
Bonded Labour System (Abolition)
Act, 1976
It defines and prohibits Bonded Labour. It has provision for punishment for bonded
labour and provides for rehabilitation measures for bonded labours.
Inter-State Migrant Workmen
(Regulation of Employment
Conditions) Act, 1979
It provides for institutional machinery to provide safe migration opportunities for
labour.
The Goa Children’s Act, 2003
The Goa Children Act is a State Legislation. This legislation provides for holistic care
and protection of children. It also has the definition of human trafficking as per the UN
Protocol
Maharashtra Control of Organized
Crime Act, 1999
Inter alia it provides for punishment of persons indulging in organised crime related
to prostitution.
Transplantation of Human Organs
Act, 1994
Provides for regulatory mechanism to monitor organ transplants
The Emigration Act, 1983
The Act provides for regulatory mechanism for recruitment agencies and related
punishments.
CARA Guidelines
The guidelines provide for mechanisms to regulate adoptions. It has provisions to
prevent human trafficking through adoptions.
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5. International Conventions42
Name of Convention
Status for India
UN Convention on the Rights of the Child
Ratified on 11 December, 1992
Optional Protocol to CRC on Sale of Children, Child Prostitution, Child
Pornography
Signed on 15 November, 2004
Optional Protocol to CRC on involvement of Children in Armed Conflict
Signed on 15 November, 2004
Protocol to Prevent, Suppress and Punish Trafficking in Persons
especially Women and Children
Ratified on 5 May, 2011
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
Ratified on 9 July, 1993, with a declaration/
reservation
SAARC Convention on Preventing and Combating Trafficking in Women Signed on 5 January, 2002, at the Eleventh SAARC
and Children for Prostitution 2002 and SAARC Convention on Regional Summit in Kathmandu on 4-6 January, 2002
Arrangements for the Promotion of Child Welfare in South Asia
Covenant on Economic, Social and Cultural Rights
10 July, 1979
Covenant on Civil and Political Rights
10 July, 1979
Convention on Elimination of Racial Discrimination
4 January, 1969
Convention Against Torture
Signed 4 October, 1997
ILO Convention No.105 Abolition of Forced Labour, 1957
18 May,2000
6. Judicial Mandate
The Supreme Court and the various High Courts have been taking up cases for strengthening of the Institutional
Machinery and various statutory agencies mandated by various laws. The court, while exercising its jurisdiction for
enforcement of fundamental rights has given various landmark judgements for strengthening government response
in combating trafficking. The Supreme Court has also set up various panels and committees to ensure that there
are various monitoring mechanisms in place for the enforcement of rights of trafficked victims and also to ensure
implementation of the law. Apart from this, the courts have also been creating mechanisms for victim protection
and various guidelines for victim’s rights in terms of court procedure. Some of the various proactive landmark
judgements related to combating human trafficking are provided below.
Case
Citation
Judgement Brief
People's Union for
(1982) 3 SCC 235
Democratic Rights Vs. Union
of India
While considering a PIL on Bonded Labour the Supreme Court
defined the meaning of Forced Labour vis a vis Article 23 of the
Constitution of India.
Laxmi Kant Pandey Vs.
Union of India (1984)
(1984) 2 SCC 244
Guidelines for Inter Country adoptions laid down to check
trafficking through adoption rackets
Bandhua Mukti Morcha Vs.
Union of India and others
AIR 1984 Supreme
Court 802
Rehabilitation of bonded labour ordered and Vigilance Committee
set up in prone areas
Santhal Pargana Antyodaya
Ashram Vs. State of Bihar
and Others
1987 (Supplementary)
Supreme Court cases
141
Release Certificates to be provided to bonded labour who are
liberated. The released bonded labourers must be rehabilitated by
the State government on a permanent basis.
Public Union for Civil
Liberties Vs. State of Tamil
Nadu & Others
Writ Petition Civil No.
3922 of1985
NHRC made the Nodal Agency for monitoring the rehabilitation of
bonded labour in the country
Resource Book on the Legal Framework on Anti Human Trafficking, UNODC South Asia, available at http://www.unodc.org/documents/
human-trafficking/India_Training_material/Resource_Book_on_Legal_Framework.pdf
42
Case
Citation
Judgement Brief
Vishal Jeet Vs. Union of India (1990) 3 SCC 318
Formation of Advisory Committee ordered for all States and Union
Government to combat trafficking. The Advisory Committee to
make suggestions for the measures to be taken in eradicating
child prostitution, and the social welfare programmes to be
implemented for the care, protection, treatment, development
and rehabilitation of trafficked victims of commercial sexual
exploitation.
M C Mehta Vs. State of Tamil 1996 6 (SCC) 756
Nadu
In this Public Interest Litigation, the Supreme Court laid down
various measures which need to be taken in order to provide
rehabilitation & support to the child labour and his family.
Madhu Kishwar Vs. State of
Bihar
(1996) 5 SCC 125
In this case, the Supreme Court considered the provisions of
the Convention on the Elimination of All Forms of Discrimination
Against Women, 1979 (CEDAW) and held the same to be an
integral scheme of the Fundamental Rights and the Directive
Principles.
Gaurav Jain Vs. Union of
India
(1997) 8 SCC
While clearly stating the violation of Right to Life of trafficked
victims the Supreme Court ordered the Union Government to form
a Committee to frame the National Plan of Action and to conduct
an in-depth study into these problems and evolve such suitable
schemes for rehabilitation of trafficked women and children.
Prerna Vs. State of
Maharashtra
2003 (2) Mah.L. J. 105
Court lays down process for care and protection of trafficked
children. It stated that Advocates cannot appear before the Child
Welfare Committee to take custody of trafficked child.
Munni Vs. State of
Maharashtra
Criminal Writ Petition
No. 227/2011(Bombay
High Court)
Child Welfare Committees have the final say to dispose of the
cases for the care, protection, treatment, development and
rehabilitation of the children as well as to provide for their basic
needs, protection and restoration to their family.
Geeta Kancha Tamang Vs.
State of Mahrashtra
Criminal Appeal No.
858 of 2009
Sealing of brothels will ensure in curbing organised crime.
State of A.P. Vs. Bodem
Sundara Rao
[(1995) 6 SCC 230:
1995 SCC (Cri) 1097]
Courts should grant stricter punishment for crimes of sexual
offences. It stated that courts have an obligation while awarding
punishment to impose appropriate punishment so as to respond
to the society's cry for justice against such criminals. Public
abhorrence of the crime needs a reflection through the court's
verdict in the measure of punishment.
State of Punjab Vs. Gurmit
Singh
[(1996) 2 SCC 384:
1996 SCC (Cri) 316]
Sexual offenders should not be shown leniency. Examination of the
victim should be in camera and anonymity of the victim should be
maintained. No questions should be asked on a victims character.
HORI LAL Vs. Commissioner Writ Petition (Crl.) No.
of Police, Delhi & Ors
610 of 1996
Respondents
The Court in its order dated 14/11/2002 laid out guidelines for
effective search of the kidnapped minor girls, which are to be
followed by the Investigation Officer in all the states.
Kamaljit Vs. State of NCT of
Delhi
(2008)101 DRJ 582
Trafficking is an organised crime and stringent measures are
required to combat it. In this case the Court upheld the validity of
imposing MCOCA on the accused.
Court on its own Motion
W.P.(CRL) 249/2009
Delhi High Court
High Court orders the creation of Zipnet in order to monitor
missing children and orders for registration of FIR in all cases of
missing children.
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Case
Court on its Own Motion Vs.
Govt of NCT of Delhi
Citation
ILR(2009) 6 DEL 663
27
Judgement Brief
Action Plan to combat child labour in Delhi. It also lays down
guidelines for post rescue care and protection of children.
Bachpan Bachao Andolan Vs. (2010) 12 SCC 180
Union of India
NCPCR made the Nodal Agency for implementation of the Juvenile
Justice (Care and Protection of Children) Act 2000.
Sampurna Behrua Vs. Union
of India
State Legal Services Authority made the Nodal Agency for training
and implementation of Special Juvenile Police Unit
(2011) 9 SCC 801
Bachpan Bachao Andolan Vs. 2011 SCC (5) 1
Union of India
In order to implement the fundamental right of the children under
Article 21A, it is imperative that the Central Government must
issue suitable notifications prohibiting the employment of children
in circuses. It also laid down fresh guidelines for combating
human trafficking in India.
Bachpan Bachao Andolan
2011 177 DLT 198
High Court orders convergence in action, recovery of wages of
child labour, registration of placement agencies by Delhi police and
public display of information related to placement agencies.
Budhadev Karmaskar Vs.
State of West Bengal
(2011) 11 SCC 538
Supreme Court appoints a Panel to monitor and suggest
rehabilitation scheme for trafficked sex workers and trafficked
victims.
Bachpan Bachao Andolan vs W.P. (Civil) 75 of 2012 Supreme Court orders for mandatory registration of First Information
Union of India and Ors.
order dated 17/01/2013 Report (FIR) in cases of missing children and appropriate steps
should be taken to see that follow up investigation is taken up
immediately thereafter.
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Initiatives of the Government of India
1. Initiatives of the Ministry of Home Affairs
In September 2006, the Ministry of Home Affairs set up a Nodal Cell for Prevention of Trafficking. The main function
of this Cell was to coordinate, network and provide feedback to the State Governments and other concerned agencies
on a sustained and continuous basis so as to prevent and combat trafficking in human beings. This Cell was made
responsible to document ‘best practices’ in preventing and combating trafficking in human beings, as well as share
data inputs with other stakeholders.
The 2004 NHRC Action Research Study clearly brought about the fact that there was a very low level of awareness
and sensitization about the crime of human trafficking among the law enforcement agencies and the crime continued
to be a low priority area. The NHRC Action Research also for the first time brought a focus on missing persons. The
data generated by the study showed thousand of missing women and children who continued to remain missing.
The Ministry of Home Affairs realised the gravity of the complex growing organised crime which preyed upon human
misery and was a serious violation of constitutional and fundamental rights of individuals guaranteed by the state.
As a response a project on “Strengthening the law enforcement response in India against trafficking in persons
through training and capacity building” was taken up in the Ministry of Home Affairs as a joint initiative of the
Government of India and the United Nations Office on Drugs and Crime. Over a three-year period w.e.f April 2006,
through a series of training programmes, the project aimed at raising the awareness of law enforcement officers,
(i.e., police and prosecutors) on the problem of human trafficking and build their capacity to better investigate and
prosecute offenders perpetrating this crime. The five states selected for the project were Andhra Pradesh, Bihar, Goa,
Maharashtra and West Bengal and represented source, destination and transit areas for human trafficking of differing
types (e.g., trafficking of women and children for commercial sexual exploitation, child labour, bonded labour, etc.).
The project has had very positive outcomes in most of the states and the Anti-Human Trafficking Unit (AHTU) model
was found to be particularly effective. The project contributed towards developing of 12 very important resource
books, Protocols and Standard Operating Procedures (SOPs), and in setting up of Anti Human Trafficking Units
(AHTUs) under the police department of the project states.
The Ministry of Home Affairs, Government of India also took various proactive steps which included creation of a
response mechanism on missing persons, compilation of data on missing children and women through National
Crime Records Bureau and also adding a chapter on Human Trafficking in the Yearly Crime in India Report since
2007.
Establishment of Anti Human Trafficking Units
In 2009, with the positive outcomes of the project, the Ministry of Home Affairs set up a Nodal Cell for dealing with
matters relating to trafficking in human beings. Also the process was initiated to appoint Nodal Officers to ensure
better coordination in the states. The Cell inter alia was responsible for collecting and analyzing the data related
to trafficking from the State Governments/UT administrations, identifying problem areas and analyzing causes for
their being source/transit/destination areas, monitoring action taken by the State Governments/UT administrations
for combating the crime and organizing co-ordination meetings with the nodal Police Officers of States/UTs. MHA
also took a decision to expand the Anti Human Trafficking Units across the country as a law enforcement response
mechanism to combat trafficking.
The objective of the AHTU expansion was to take up the crusade against all criminal aspects of the crime of human
trafficking particularly in women and children as a National Mission Mode Project by creating an institutional mechanism
and working with all the stakeholders including police, prosecution, NGOs etc. It also aimed at a coordinated action
for rescue of victims and post rescue care with a view to empower them and also prevent re-trafficking. The project
emphasised on sensitizing, capacity building and training of police and prosecution personnel, especially at the grass
root level to improve law enforcement response to the organized crime of human trafficking and also developing a
detailed database on the criminal activity of trafficking in humans by effective use of information & communication
technology. It had a very strong component of information sharing between stakeholders, states and organizations
for effective implementation of anti trafficking measures.
Expansion of Anti Human Trafficking Units
During the year 2009-2012 the Ministry of Home Affairs vigorously expanded the AHTU network across the country.
Till March 2012, a total of 225 AHTUs have been set up with a financial support of Rs 17,05,50,00 (Approx. USD
307,000).
Nodal Officers Meetings in Mha
Each state has appointed nodal officers to coordinate and oversee the work of the AHTUs. These Nodal Officers are
invited quarterly to Delhi for the Nodal Officers meeting where they are expected to present the progress achieved
in their respective states and also to discuss strategies for improvement in various institutional machineries. The
quarterly meetings have been a success as the government has been regularly monitoring the implementation of
the AHTUs. In each of these quarterly nodal meetings, the MHA outlines various ‘action areas’ for each state which
becomes the focus of the work in these states. The Nodal Officers meeting has also led to exchange of information
among various states and strengthening of interstate investigations. NGOs and civil society have also reported that
the Nodal Officer machinery created has helped them in undertaking interventions for rescue of victims and also for
investigation of cases, most of which are interstate in nature.
Trainings and Sensitization of the Police
The Anti Trafficking Cell in the Ministry of Home Affairs has initiated a 3-day training and sensitization programme
on addressing human trafficking for states and districts. The focus of the police training programme on human
trafficking is on the concepts and dimensions of human trafficking, relevant penal and procedural laws , protocols
on rescue operations , victim support, role of NGOs, various landmark judgements of the Supreme Court and court
processes etc. The Ministry of Home Affairs has notified a pool of resource persons who have been conducting
these workshops. The training of trainers pattern has led to the trainees getting involved in district level workshops.
These initiatives have resulted in intensive training of more than 8000 investigating officers across the country. The
trainings have created a general level of sensitization on the issue across the police forces and created a pool of
trainers.
Advisories Issued by the Mha
During the period 2009-2012, the Anti Trafficking Cell of MHA issued various advisories which had an impact on
prioritization of the issue of human trafficking across the country. The detailed advisory on human trafficking was
issued by the Ministry of Home Affairs on 09.09.2009. Following this, the Anti Trafficking Cell of Ministry of Home
Affairs issued an Advisory on Missing Children in January 2012. This was followed by an Advisory on Trafficking as
an organised crime and also an Advisory on Foreign Victims of Human Trafficking. These advisories had a lasting
impact on the law enforcement agencies across the country and have conveyed the seriousness and gravity of the
crime. The copies of the advisories in many states have been distributed to the police station level. The advisories are
now being treated as guiding principles to carry out investigations. NGOs and civil society have used these advisories
as advocacy documents. The advisories can be issued as GO notifications by the State Government in order to make
it effective.
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The advisories43 issued by the MHA are as follows:
1.
Advisory on Preventing and Combating Human Trafficking in India (09.09.2009)
2.
Advisory on Crime Against Women (04.09.2009)
3.
Advisory on Crime Against Children (14.07.2010)
4.
Advisory on Prevention Registration and Prosecution of Crime (16.07.2010)
5.
Advisory on Preventing Cyber Crime Against Children (16.07.2010)
6.
Advisory on Missing Children (31.01.2012)
7.
Advisory on Human Trafficking – Organised Crime (30.04.2012)
8.
Advisory on Human Trafficking – Dealing with Foreign Nationals (01.05.2012)
Training of Prosecutors
The Ministry of Home Affairs has initiated zonal level training programmes for prosecutors to equip and motivate
prosecutors towards pro-active conviction of traffickers with surety and certainty, from pre-trial to post-trial and to
take all steps in ensuring the best care and attention to victims and survivors. The focus of the trainings is on the
interface between the prosecutor and the victim. The need is to understand the victim, to analyse the crime and crime
motivation, and to explore what more can be done within the ambit of the existing criminal justice system so that
successful prosecution, crime prevention and protection of victim’s rights is ensured.
Judical Colloquiums
In order to train and sensitise the trial court judicial officers, the Ministry of Home Affairs has launched Judicial
Colloquium on human trafficking at the High Court level. The aim is to sensitize the judicial officers about the various
issues concerning human trafficking and to ensure speedy court process. The emphasis is also on the need of
victim protection and to have proper trial processes which is not intimidating to the victims. In cases of children,
the magistrate should ensure that the child is treated with care and sensitivity while taking evidence and during
questioning. The Judicial Colloquium also focuses on the role of magistrates in ordering further investigations
under Section 173(8) Cr PC if he/she is not satisfied with the police investigations. Other focus areas include
victim compensation u/s 357-A Cr. PC , Sealing of brothels u/s 18 of the Immoral Traffic Prevention Act 1956 ,
video conferencing, court examination , victim rehabilitation and the role of NGOs in victim protection. The Judicial
Colloquiums held in Chandigarh, Shimla and Delhi evoked very serious discussions on the human trafficking issues
among the judges. The Chandigarh Judicial Colloquium was telecast live through video conferencing in order to
ensure participation of all judicial officers at the district level across Haryana and Punjab.
IGNOU Course on Human Trafficking
The Ministry of Home Affairs, in partnership with Indira Gandhi National Open University (IGNOU) has launched a
web-based certificate course on human trafficking on 10 December 2010.
The objectives of the Certificate Course are:
1.
To create awareness and provide a comprehensive understanding on anti human trafficking.
2.
To develop functional understanding and coordination amongst learners about various stakeholders/
agencies associated with the process of human trafficking directly.
3.
To build awareness in the area of law, policies, rehabilitation and prevention aspects of human trafficking.
4.
To develop practical skills for learners to engage with the process of understanding rehabilitation, prevention
and reintegration of human trafficking victims.
Refer to Annexure for the complete text of the advisories.
43
Convergence in the Fight Against Human Trafficking
At the state and district levels, the AHTUs have promoted and facilitated convergence among various stakeholders
like NGOs , Railway Police , Childline , Department of Social Welfare, Shelter Homes , Protection Homes , Labour
Department , District Legal Services Authority , Child Welfare Committees , Child Protection Units and Prosecutors.
The AHTUs have been actively working in collaboration with these agencies and creating partnerships that have
helped in creating a unified approach in dealing with crimes of trafficking. As part of their implementation, the AHTUs
are working in close partnership with Civil Society Organizations (CSOs). It is ensured that each rescue operation is
done as per the protocol laid down and in close partnership with NGOs working on Anti Trafficking.
2. Initiatives of The Ministry of Women & Child Development
The Ministry is the Nodal Agency for the implementation of the Immoral Traffic (Prevention) Act 1956. The Ministry
has been in the forefront for preparing schemes and policies for the fight against human trafficking in India. The
problem of human trafficking is multidimensional and requires coordination between other ministries like the Ministry
of Home Affairs, Ministry of Labour, Ministry of Overseas Indian Affairs, Ministry of External Affairs etc. The Ministry
of Women and Child continues to be the nodal ministry and is also responsible for inter ministerial coordination for
tackling this crime.
Legislative Measures
The Ministry of Women and Child, Government of India is the Nodal Ministry for the implementation of the following
legislations pertaining to the care and protection of women and children.
Legislation
Provisions
The Immoral
Traffic
(Prevention) Act,
1956 (ITPA)
ITPA is a special legislation that deals exclusively with trafficking. The Act defines the terms ‘brothel’,
‘child’, ‘corrective institutions’, ‘prostitution’, ‘protective home’, ‘public place’, ‘special police officer’
and ‘trafficking officer’. The purpose of the enactment was to inhibit or to abolish commercialised vice,
namely the traffic in women and girls for the purpose of prostitution, as an organised means of living.
The law confers wide powers on the concerned authorities in matters of rescue and rehabilitation of
victims and survivors and provides for stringent action against exploiters including the eviction of
brothels, surveillance, as well as aggravated punishment when the offences are committed on children.
Juvenile Justice
(Care and
Protection of
Children) Act,
2000
The Juvenile Justice (Care and Protection of Children) Act, 2000 was passed in consonance with the
Convention on the Rights of the Child, to consolidate and amend the law relating to juveniles in conflict
with law and children in need of care and protection. The focus of the Act is to provide for proper care,
protection and treatment by catering to the child’s development needs and by adopting a child-friendly
approach in the adjudication and disposition of matters in the best interests of children and for their
ultimate rehabilitation through various institutions established under the Act. ‘Child’ means a person,
either male or female, who has not completed his or her eighteenth year of age. It empowers state
governments to constitute child welfare committees for such areas as they may deem fit. It also outlines
the powers of the committee and the procedures to be followed and specifies the ultimate authority to
dispose of cases for the care, protection, treatment, development and rehabilitation of the children as
well as to provide for their basic needs and protection of human rights.
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Legislation
Provisions
Protection of
Children from
Sexual Offences
Act, 2012
Protection of Children from Sexual Offences Act, 2012 has been enacted to strengthen the legal
provisions for the protection of children from sexual abuse and exploitation. For the first time, a
special law has been passed to address the issue of sexual offences against children. Sexual offences
are currently covered under different sections of IPC. The IPC does not provide for all types of sexual
offences against children and, more importantly, does not distinguish between adult and child victims.
The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age
of 18 years and provides protection to all children under the age of 18 years from the offences of sexual
assault, sexual harassment and pornography. These offences have been clearly defined for the first time
in law. The Act provides for stringent punishments, which have been graded as per the gravity of the
offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also
provision for fine, which is to be decided by the Court.
Institutional Measures
National Plan of Action 1998
The Ministry of Women and Child Development (MWCD) has formulated a National Plan of Action to Combat
Trafficking and Commercial Sexual Exploitation of Women and Children in 1998, with the objective to mainstream
and to reintegrate women and child victims of commercial sexual exploitation in society.
Central Advisory Committee (CAC)
The Ministry has constituted a Central Advisory Committee (CAC) which functions under the Chairpersonship of
the Secretary, MWCD, Government of India with members from Central Ministries like Ministry of Home Affairs,
Ministry of External Affairs, Ministry of Tourism, Ministry of Health, Ministry of Social Justice and Empowerment,
Ministry of Information Technology, Ministry of Law and Justice, State Governments which are important source,
transit or destination points of trafficking, prominent NGOs working in this area, international organizations working
in this field, NCW, Central Social Welfare Board (CSWB), National Institute of Public Co-operation and Child
Development (NIPCCD), Director, National Crime Records Bureau (NCRB); Director General, Border Security Force
(BSF); Director, Intelligence Bureau (IB); Director, Central Bureau of Investigation (CBI), Director General, Sashtra
Seema Bal (SSB) etc. Some of the Director Generals of Police from vulnerable states are also being nominated on
the Advisory Committee as special invitees. The Committee CAC was formed in pursuance of the Supreme Court
Judgment in Vishal Jeet vs Union of India44, wherein the Supreme Court had directed that a Committee be formed
both at the Central and State levels to look into the issues of trafficking, particularly child trafficking. Gradually the
mandate of CAC has grown and it has been expanded to include representatives from all agencies concerned, thereby
becoming a forum facilitating interaction between stakeholders to understand issues relating to trafficking and to
evolve strategies for combating it45.
State Advisory Committees
The State Advisory Committee constituted under the orders of the Supreme Court is to monitor initiatives being
undertaken on prevention, rescue, rehabilitation, reintegration and repatriation of victims of trafficking in their
respective states. All State Women and Child Department Secretaries have been requested for holding regular
meetings of the State Advisory Committees.
1990 3 SCC 318
http://wcd.nic.in/trafficking/meet250512.htm, accessed on 14.01.2013
44
45
Cross Border Trafficking
The Ministry of External Affairs has been requested to set up an Internal Task Force to ensure that the legislations,
programs etc. are in place for operationalising the provisions of the SAARC Convention on Preventing and Combating
Trafficking of Women and Children in Prostitution46. A special assignment was undertaken by UNICEF on behalf of
MWCD for preparing a quick assessment of the problems, constraints faced in repatriation of Bangladeshi victims
back to their countries of origin. A Task Force headed by MHA held a bilateral meeting on 9th April 2012 with
Bangladesh laying down a roadmap for finalising SOP for repatriation.
Protocols and Manuals
The Ministry has formulated a Protocol for Pre-rescue, Rescue and Post-rescue operations of child victims of
trafficking for the purpose of Commercial Sexual Exploitation47. The Protocol has been translated into regional
languages for wide distribution.
The MWCD in collaboration with NIPCCD and UNICEF has developed three manuals namely ‘Judicial Handbook on
Combating Trafficking of Women and Children for Commercial Sexual Exploitation’48; ‘Manual for Medical Officers
for Dealing with Child Victims of Trafficking and Commercial Sexual Exploitation49’; and ‘Counselling Services for
Child Survivors of Trafficking’50.
Research, Studies and Trainings
The MWCD from time to time undertakes research, studies and surveys on issues related to trafficking. Some of the
studies include:
•
A national study on Child Abuse was conducted by the Ministry in 2007 with an aim to develop a dependable
and comprehensive understanding of the phenomenon of child abuse. The Study covered 13 states with a
sample size of 12447 children (51.9% boys, 48.1% girls; 25.4% from Scheduled Castes, 15.1% Scheduled
Tribes, 29.2% Other Backward Classes), 2324 young adults and 2449 stakeholders.
•
MWCD also supported a study (2007) on “Girl and Women in Prostitution in India” conducted by Gram
Niyojan Kendra, an NGO in Uttar Pradesh.
Convergence
Coordination with the AHTUs and Ministry of Home Affairs
The coordination and convergence between Women and Child Departments with the AHTUs have been initiated. A
detailed advisory by MWCD has been issued in May 2011 to ask all the states to appoint Nodal NGOs and Nodal
Officers to coordinate with State AHTUs51. The convergence is also ensured by highlighting the same in all the review
meetings with the State Governments. Even for participation in the CAC the participating states are requested to
coordinate with the State AHTU /Police. The Director, Ministry of Home Affairs is part of the Project Sanctioning
Committee of Swadhar and Ujjwala Schemes. The advisory advises the states to take the following steps:
1.
Formation and regular meeting of the State Advisory Boards.
2.
Appointment of Nodal NGO for AHTUs.
3.
Convergence in activities conducted by the Ministry of Home Affairs.
www.saarc-sec.org/userfiles/conv-traffiking.pdf
http://wcd.nic.in/final%20draft%20of%20Inter%20State%20REscue%20Protocol.doc
48
http://wcd.nic.in/Judicial%20Manual.pdf
49
http://wcd.nic.in/ManualMedicalOfficers.pdf
50
http://wcd.nic.in/ManualMedicalOfficers.pdf
51
http://wcd.nic.in/icdsimg/letterdtd17102011.pdf
46
47
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4.
Rehabilitation homes under Ujjawala having linkages with Training Institutes and Skill Development Mission.
5.
Monitoring of Ujjawala homes to be done regularly by the state.
6.
Details of various shelter homes to be shared with AHTUs.
Schemes
The care and protection of a trafficked victim encompasses immediate care and protection, long term rehabilitation,
repatriation and reintegration. Legislations like the Juvenile Justice (Care and Protection) of Children Act 2000 and
The Immoral Traffic Prevention Act 1956, mandates the Ministry of Women and Child, Government of India to create
such institutional mechanism and formulate programmes and schemes for the welfare of women and children who
are in need of care and protection. Some of the various initiatives of the Ministry of Women and Child which have a
direct impact on the care and protection of victims of human trafficking are as follows:
A.
Ujjawala Scheme
B.
Swadhar Greh
C.
Integrated Child Protection Scheme
A. UJJAWALA : A comprehensive scheme for prevention of trafficking and rescue, rehabilitation and
re-integration of victims of trafficking and commercial sexual exploitation52
Trafficking of women and children for commercial sexual exploitation is an organized crime that violates basic human
rights. India has emerged as a source, destination and transit for both in-country and cross border trafficking. The
problem of trafficking of women and children for commercial sexual exploitation is especially challenging due to
its myriad complexities and variation. Poverty, low status of women, lack of a protective environment etc are some
of the causes for trafficking. A multi sectoral approach is needed which will undertake preventive measures to
arrest trafficking especially in vulnerable areas and sections of population and to enable rescue, rehabilitation and
reintegration of the trafficked victims. Keeping the above issues and gaps in mind the Ministry has formulated
a central scheme named “Ujjawala” which is a comprehensive scheme for prevention of trafficking and rescue,
rehabilitation and re-integration of victims of trafficking for commercial sexual exploitation. The scheme launched
in 2007 has been conceived primarily for the purpose of preventing trafficking on the one hand and rescue and
rehabilitation of victims on the other. As per the latest data available there are 228 projects supported by the Ministry
in 21 States, under which 117 are Protective and Rehabilitative homes.
The scheme is being implemented mainly through Non-Governmental Organizations (NGOs). Eligible implementing
agencies from all States/Union Territories can apply under the scheme. The project proposals under the scheme are
required to be submitted through the concerned State Governments/Union Territory Administrations. The beneficiary
of the Ujjawala scheme are women and children who are vulnerable to trafficking for commercial sexual exploitation
and who are victims of trafficking for commercial sexual exploitation.A monitoring mechanism is under formulation,
and inter alia, the states have been requested to involve district level officers for regular monitoring. An evaluation
study for Ujjawala has been entrusted to the Programme Evaluation Organisation of the Planning Commission, which
will inter-alia review the components.
The Ministry of Women and Child Development have introduced video conferencing since July 2012 for sanctioning of
Ujjawala projects so that the State Secretaries in charge of the programme can participate in the Project Sanctioning
Committee Meetings. Increased involvement of State Government in Ujjawala projects at the high level is essential.
http://wcd.nic.in/schemes/ujj.htm
52
B. SWADHAR GREH53
SWADHAR – A Scheme for Women in Difficult Circumstances
The Swadhar Greh was launched by the Department of Women and Child Development in 2001-02. Another Scheme
namely "Short Stay Home Scheme" aimed at providing temporary accomodation and rehabilitation services to women
and girls rendered homeless. The scheme through the provisions of shelter, food, clothing, counseling, trainings,
clinical and legal aid aims to rehabilitate such women in difficult circumstances. Centre for Market Research and
Social Development, New Delhi conducted an evaluation in 2007 to assess the performance of both the schemes.
The evaluation report while citing the effectiveness and positive impact of measures adopted under the schemes
for counseling and rehabilitation found that the profile and category of residents, admission procedure, counseling,
quality of service, vocational training, rehabilitation and follow up procedure are almost similar in both the schemes.
It, therefore, recommended merger of these two schemes for better functioning and outcomes with lesser
administrative burdens and procedures. It also recommended that the new scheme should focus on establishing
one such home in every district. The positive findings of the evaluation study has encouraged the Ministry to prepare
this new scheme that would enable the women victims of unfortunate circumstances who are in need of institutional
support for rehabilitation to lead their life with dignity.
The scheme envisions a supportive institutional framework for women victims of difficult circumstances so that
they could lead their lives with dignity and conviction. It envisages that shelter, food, clothing, and health as well as
economic and social security are assured for such women. It also envisions that the special needs of these women
are properly taken care of and under no circumstances they should be left unattended or abandoned, which could
lead to their exploitation and desolation.
Under the proposed scheme, ‘Swadhar Homes’ will be set up in every district with capacity of 30 women in order
to cater to the primary needs of shelter, food, clothing, medical treatment and care of the women in distress and
who are without any social and economic support. It would also enable them to regain their emotional strength
that gets hampered due to their encounter with unfortunate circumstances and provide them with legal aid and
guidance to enable them to take steps for their readjustment in family/society. The scheme proposes to rehabilitate
women in distress economically and emotionally and to act as a support system that understands and meets various
requirements in order to start their life afresh with dignity and conviction.
For big cities and other districts having more than 4 million population or those districts where there is a need for
additional support to the women, more than one ‘Swadhar Home’ could be established. The capacity of ‘Swadhar
Homes’ could be expanded up to 50 or 100 on the basis of need assessment and other important parameters.
The benefit of the scheme can be availed by women above 18 years of age of the following categories:
1.
Women who are deserted and are without any family support;
2.
Widows survivors of natural disaster who have been rendered homeless and are without any social and
economic support;
3.
Women affected by HIV and AIDS;
4.
Women prisoners released from jail and are without family, social and economic support;
5.
Women victims of domestic violence, family tension or discord, are made to leave their homes without any
means of subsistence and have no special protection from exploitation and/ or facing litigation on account
of marital disputes; and
6.
Trafficked women/girls rescued or runaway from brothels or other places where they face exploitation.
However such women/ girls should first seek assistance under UJJAWALA Scheme in areas where it is in
operation.
http://wcd.nic.in/schemes/swadhar.pdf
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‘Swadhar Greh’ facilities can also be availed by the children accompanying women in the above categories. Girls up
to the age of 18 years and boys up to the age of 12 years would be allowed to stay in the ‘Swadhar Greh’ with their
mothers.
C. INTEGRATED CHILD PROTECTION SCHEME54
The Integrated Child Protection Scheme (ICPS) has been launched by the Government of India in 2009 for creating a
convergence and to ensure quality child protection mechanisms in the country. The ICPS has significantly contributed
to the realization of Government/State responsibility for creating a system that will efficiently and effectively protect
children. It is based on cardinal principles of protection of child rights and best interest of the child. The ICPS
objectives in brief is to contribute to the improvements in the well being of children in difficult circumstances, as
well as to reduce vulnerabilities to situations and actions that lead to abuse, neglect, exploitation, abandonment and
separation of children.
The ICPS is being implemented by the MWCD for creation and management of infrastructure and human resources
necessary for establishing a safe and secure environment for children, especially children in difficult circumstances.
Financial assistance is provided to State Governments/UT Administrations for improving, setting up and maintenance
of homes, Specialised Adoption Agencies (SAAs) and open shelters’ for children in need of care and protection.
Besides, financial assistance is also provided for setting up of dedicated service delivery structures at the state and
district levels, with staff exclusively engaged for providing services to children including inter-alia need assessment,
training and sensitization, awareness generation etc. The scheme also focuses on non-institutional care through
adoption, foster-care and after-care.
All states except Jammu & Kashmir have signed the Memorandum of Understanding (MoU) with the Ministry for
implementation of the scheme. The scheme, being centrally sponsored, is being implemented mainly through the State
Governments/UT Administrations and funds are being released to them. The State Governments/UT Administrations
are, in turn, implementing various components of the scheme either by themselves or through NGOs. However, for
implementing the Childline services, which is a 24 hour telephone helpline for children in distress, the MWCD has
partnered with Childline India Foundation (CIF), Mumbai under Government-Civil Society Partnership.
In order to ensure effective service delivery, the ICPS is being implemented through State and District Child Protection
Societies as the fundamental units at state and district levels for the implementation of the scheme. These Societies
have been registered under the Societies Registration Act, 1860 and function under the overall supervision and
control of the State Governments/UT Administrations. The MWCD has formulated the detailed guidelines along with
the bylaws for setting up these societies at the district and state levels. In cases of trafficked children this scheme
provides for the response mechanism for care and protection of the child.
Some of the institutional and statutory mechanisms created under the Integrated Child Protection Scheme having a
direct impact on care and protection of trafficked children are:
1.
Child Tracking System
2.
Childline
3.
Children Homes
4.
Sponsorships
5.
Child Welfare Committees
6.
Special Juvenile Police Units
54
THE INTEGRATED CHILD PROTECTION SCHEME (ICPS) - A Centrally Sponsored Scheme of Government – Civil Society PartnershipMinistry of Women and Child , Government of India.
1. Child Tracking System
MWCD recognizes that at present there is acute shortage of data and information pertaining to issues related to child
protection. Due to this gap, there is no comprehension about the dimension of the problem i.e. number of children
requiring support and the kind of services they are in need of. In order to bridge this gap, the MWCD, under the ICPS,
is developing an effective system for child protection data management and reporting as well as a tool for monitoring
the implementation of all its child protection schemes. This is to be achieved by developing a web-enabled data
management system on child protection by creating a resource base for child protection issues. It is also planned
to develop a nationwide website for tracking missing children and their ultimate repatriation and rehabilitation. The
Child Tracking System will have two components:
•
Web-enabled Child Protection Management Information System (MIS): The DCPSs are responsible for
carrying out an exercise to map all services available to children in difficult circumstances and vulnerable
children and their families in a district. This would include for example, location and contact details of
all police stations, child care institutions, hospitals, primary health care (PHC) systems, paediatricians,
members of CWCs and JJBs, CHILDLINE services, etc. The DCPS shall also maintain a database of all
children in institutional care and non-institutional care at the district level. In order to facilitate the work
performed by DCPSs in development and management of the above database, the scheme shall support
establishing a Data Management System. The ultimate goal is to develop a comprehensive, integrated, live
database for children in care and in need of care in India.
•
Website for missing children: There are large numbers of children who either run away or are missing
for various reasons. There is a need to create a systematic and centralized mechanism for tracking such
children to facilitate their recovery and rehabilitation. The ICPS envisages setting up of a National Website
on Missing Children with linkages to SCPSs and DCPSs. The website shall form a part of the child protection
data management system.
2. CHILDLINE
CHILDLINE is a 24 hour emergency phone outreach
service for children in need of care and protection. It
also links children in need of care and protection to
long-term services for rehabilitation. The CHILDINE
India Foundation55 (CIF) is the central nodal agency
for setting up and monitoring the CHILDLINE service.
Additionally, CIF is responsible for undertaking process
documentation and research, awareness campaigns
and advocacy on issues related to strengthening the
CHILDLINE service in the country.
At the district level, CHILDLINE is the
key Government supported Child Protection
agency which is being called in by various
Law enforcement agencies for the rescue of
trafficked children from exploitative situations.
It has been playing a very proactive role as the
primary response agency in terms of providing
emergency care , counselling and protection to
rescued trafficked children.
As of June 2012, CHILDLINE was operational in 211 cities of India. CHILDLINE- 1098 receives over 2 million calls
each year. CHILDLINE-1098 is one of the world’s single largest children’s helpline service and receives 20% of all
children’s calls on helplines working worldwide. The XIth Five Year Plan of the Government of India has mandated
that the CHILDLINE service must be available in every one of India’s 600+ districts. To meet that mandate, the MWCD
supports CIF under its Integrated Child Protection Scheme.
CHILDLINE India plays the role of a link between service providers (both government and non-government) and
children in need of care and protection. All CHILDLINE interventions aim to bring children out of emergency
situations, provide options for long term rehabilitation and then link them to appropriate agencies to ensure the
same. The period of CHILDLINE intervention may vary from a few hours to a few days and in the case of some
children it may stretch to years.
http://www.childlineindia.org.in/
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CHILDLINE DATA IN 2009-201056
2009
2010
INTERVENTION
MALE
FEMALE
TOTAL
MALE
FEMALE
TOTAL
MEDICAL
5150
2668
7818
4249
2365
6614
SHELTER
4339
1965
6304
4526
1997
6523
RESTORATION
5144
1144
6288
6415
1516
7931
PROTECTION FROM ABUSE
1752
970
2722
1466
774
2240
SPONSORSHIP
1740
1646
3386
1829
1601
3430
CHILD IN CONFLICT WITH LAW
116
28
144
100
53
153
MISSING
3739
1316
5055
3479
1033
4512
EMOTIONAL SUPPORT AND
GUIDANCE
11992
8050
20042
11702
8127
19829
NO INTERVENTION
1497
693
2190
728
269
997
TOTAL
35469
18480
53949
34494
17735
52229
3. Children Homes
A large number of children in need of care and protection who enter the juvenile justice system through the Child
Welfare Committees (CWCs) are in need of residential care and protection during the pendency of any inquiry and
subsequently for their long-term care, treatment, education, training, development and rehabilitation.
The Juvenile Justice (Care and Protection of Children) Act 2000 empowers the State Government either by itself
or in collaboration with voluntary organizations to set up ‘Children‘s Homes’ in every district or group of districts
for the reception and residential care of such children. These homes shall serve as a home away from home and
provide comprehensive child care facilities to children for ensuring their all-round development. They shall work
towards enhancing the capabilities and skills of children and work with their families with the view of facilitating their
reintegration and rehabilitation into mainstream society.
4. Sponsorships
Many children are at risk of abandonment, exploitation, neglect and destitution because of poor socio-economic
conditions of their families. Poor families often place their children into institutional care as a poverty coping
measure. In many other cases children run away from their families because of abuse and/or exploitative conditions
and often do not want to be reunited with their families. Many trafficked children also continue to languish in homes
as conditions for their return are not conducive. As a result, large numbers of children are forced to spend their lives
in institutions. It is an accepted fact that institutionalisation of children should be the last resort and the family-based
non-institutional care is a better option. The Government of India realizes the importance of reintegrating, to the
extent possible, institutionalized children into families. To that end, individual cases of children in institutions are
periodically reviewed and the reintegration into their biological family facilitated with necessary support under the
sponsorship component.
5. Child Welfare Committee
With the enactment of the JJ Act and its subsequent amendment in 2006, the Child Welfare Committee has been
made the core central mechanism for care and protection of children across the country. The Juvenile Justice Rules
drafted by the MWCD provides for various guidelines for the working of these committees and also its powers and
duties.
Child Line India Foundation Website, accessed in August 2012
56
The Hon’ble Supreme Court in Sampurna Behrua vs Union of India57 and Bachpan Bachao Andolan vs Union of
India58 has laid down detailed instructions for implementation of the JJ Act. Among the various guidelines the most
important orders relate to the creation of Child Welfare Committees in all districts of the country. The JJ Act has
recognized the participation of civil society as members of the Child Welfare Committee (CWC).
Section 31 of JJ Act empowers CWC to be the final authority in disposing cases of children in need of care and
protection such as trafficked children, abandoned children, orphaned children, abused children and others (Section
2 (d) of the Act). CWCs as role holders for the protection of children’s right are confronted with a very challenging
task as every child comes in with her/his unique problem and a context which is also unique. While coming to a
decision in relation to the child the CWC has to take into consideration several factors like the family background,
the specific reason for which the child is produced before the CWC, the child’s physical and psychological status,
and if any intervention has taken place before the child was produced before CWC. In cases of trafficked children,
the Child Welfare Committee is the custodian of the child and is responsible for the care and protection of the child.
The CWC undertakes home investigation reports for each child and then decides the repatriation and rehabilitation
plan of children.
The decisions of the CWC are informed by the general principles laid down in the JJ Act and CRC, which is the moral,
ethical and value framework that upholds the approach to be taken for children who need the care and protection
of the state. The Child Welfare Committee also ensures convergence of all stakeholders including Health, Special
Juvenile Police Unit (SJPU), Child Rights organizations and government functionaries at the district level.
6. Special Juvenile Police Unit
The Juvenile Justice Act 2000 provides for setting up Special Juvenile Police Units in every district and city to
coordinate and upgrade the police interface with children. All the police officers, designated as juvenile/child welfare
officers in the district or city, are members of the SJPU. As a statutory requirement, the ICPS provides for two paid
social workers in each SJPU for supporting the unit. Of the two social workers, at least one should be a woman and
another having expertise in child protection.
State-wise details of number of Child Protection Units set up, amount sanctioned and released for setting up of
and maintenance of child protection units under ICPS (May 2012)59:
S. No.
Name of the state / UT
No. of child protection units
provided assistance
No. of child protection units set up
1.
Andhra Pradesh
23
23
2.
Assam
27
27
3.
Bihar
32
-
4.
Chattisgarh
18
18
5.
Gujarat
26
26
6.
Haryana
21
21
7.
Himachal Pradesh
12
-
8.
Jharkhand
24
-
9.
Karnataka
16
16
10.
Kerala
14
-
11.
Madhya Pradesh
50
50
12.
Maharashtra
35
35
(2011) 9 SCC 801 Judgement of the Supreme Court
2011 SCC (5) 1 Judgement of the Supreme Court of India
59
Reply to Parliamentary Question submitted by the Ministry of Women and Child, Government of India
57
58
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India Country Assessment Report on Human Trafficking
S. No.
Name of the state / UT
No. of child protection units
provided assistance
No. of child protection units set up
13.
Manipur
9
9
14.
Mizoram
8
8
15.
Nagaland
11
11
16.
Odisha
30
30
17.
Punjab
20
-
18.
Rajasthan
33
33
19.
Sikkim
2
4
20.
Tamil Nadu
32
32
21.
Tripura
4
4
22.
Uttar Pradesh
72
72
23.
West Bengal
19
19
24.
Delhi
1
-
25.
Pondicherry
1
-
Total
540
438
State wise details of No. of various types of homes assisted under the ICPS (May 2012)60:
S. No.
Name of the state / UT
Number of Homes
1
Andhra Pradesh
102
2
Assam
7
3
Bihar
14
4
Chattisgarh
13
5
Gujarat
57
6
Haryana
12
7
Himachal Pradesh
22
8
Jharkhand
16
9
Karnataka
76
10
Kerala
28
11
Madhya Pradesh
24
12
Maharashtra
91
13
Manipur
13
14
Mizoram
18
15
Nagaland
4
16
Odisha
29
17
Punjab
15
18
Rajasthan
63
19
Sikkim
5
20
Tamil Nadu
42
21
Tripura
11
22
Uttar Pradesh
67
23
West Bengal
55
24
Delhi
25
25
Pondicherry
6
Total
815
Reply to Parliamentary Question submitted by the Ministry of Women and Child, Government of India
60
41
List of Special Juvenile Police Units established in India under the ICPS (May 2012)61:
S. No.
States / UTs
Number of districts in the State
Special juvenile police units
(SJPUs) established
1.
Andaman & Nicobar
3
1
2.
Andhra Pradesh
23
29
3.
Assam
27
26
4.
Arunachal Pradesh
17
17
5.
Bihar
38
40
6.
Chattisgarh
18
20
7.
Chandigarh
1
1
8.
Dadar & Nagar Haveli
1
1
9.
Daman & Diu
2
2
10.
Delhi
9
11
11.
Goa
2
1
12.
Gujarat
26
31
13.
Haryana
21
20
14.
Himachal Pradesh
12
12
15.
Jharkhand
24
25
16.
Karnataka
30
38
17.
Kerala
14
17
18.
Lakshadweep
1
1
19.
Madhya Pradesh
50
50
20.
Maharashtra
35
NA
21.
Manipur
9
11
22.
Meghalaya
7
7
23.
Mizoram
8
8
24.
Nagaland
11
9
25.
Odisha
30
30
26.
Punjab
20
26
27.
Pondicherry
2
10
28.
Rajasthan
33
33
29.
Sikkim
4
4
30.
Tamil Nadu
32
9
31.
Tripura
4
4
32.
Uttar Pradesh
72
71
33.
Uttarakhand
13
13
34.
West Bengal
19
19
35.
Jammu and Kashmir
-
-
Total
618
597
Reply to Parliamentary Question submitted by the Ministry of Women and Child, Government of India
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List of Child Welfare Committees Established (May 2012)62:
S. No.
States / UTs
Number of districts in the State
No of Child Welfare Committee
Established
1.
Andaman & Nicobar
3
N/A
2.
Andhra Pradesh
23
23
3.
Assam
27
27
4.
Arunachal Pradesh
17
12
5.
Bihar
38
28
6.
Chattisgarh
18
12
7.
Chandigarh
1
1
8.
Dadar & Nagar Haveli
1
9.
Daman & Diu
2
10.
Delhi
9
11.
Goa
2
12.
Gujarat
26
25
13.
Haryana
21
9
12
6
14.
Himachal Pradesh
12
15.
Jharkhand
24
16.
Karnataka
30
30
17.
Kerala
14
14
18.
Lakshadweep
1
19.
Madhya Pradesh
50
48
20.
Maharashtra
35
35
21.
Manipur
9
9
22.
Meghalaya
7
7
23.
Mizoram
8
8
24.
Nagaland
11
11
25.
Odisha
30
30
26.
Punjab
20
20
27.
Pondicherry
2
2
28.
Rajasthan
33
33
29.
Sikkim
4
4
30.
Tamil Nadu
32
20
31.
Tripura
4
4
32.
Uttar Pradesh
72
69
33.
Uttarakhand
13
12
34.
West Bengal
19
18
35.
Jammu and Kashmir
-
-
Total
618
529
Reply to Parliamentary Question submitted by the Ministry of Women and Child, Government of India
62
43
Cumulative Data of the Implementation of the ICPS in India (May 2012)63:
COMPONENT
Cumulative Achievement upto 26th March, 2012
Setting up of Juvenile Justice Boards (JJBs)
Established in 548 districts.
Setting up of Child Welfare Committees (CWCs)
Established in 561 districts.
Setting up of State Child Protection Society (SCPS)
Established in 23 States.
Setting up of State Project Support Units (SPSU)
Established in 21 States.
Setting up of State Adoption Resource Agency (SARAL)
Established in 18 States.
Setting up of District Child Protection Units (DCPU)
Established in 438 districts.
Expansion of Childline Service
Functioning in 201 cities/districts.
Setting up and maintenance of Open Shelters
100 Open Shelters are being provided financial support.
Setting up and maintenance of various types of Homes
815 various types of Homes are being provided financial
support.
Setting up and maintenance of Specialized Adoption
agencies (SAAs)
189 SAAs are being provided financial support.
Sanctioned Projects Under Ujjawala Scheme64:
S. No.
Name of the States
Total No. of Projects
Under Ujjawala Scheme
P & R Homes
1.
Andhra Pradesh
17
11
2.
Arunachal Pradesh
1
1
3.
Assam
22
15
4.
Bihar
1
1
5.
Chhatisgarh
2
1
6.
Delhi
1
1
7.
Jharkhand
1
--
8.
Karnataka
36
27
9.
Kerala
7
3
10.
Maharashtra
44
16
11.
Manipur
6
6
12.
Madhya Pradesh
4
1
13.
Mizoram
1
1
14.
Punjab
1
1
15.
Nagaland
3
---
16.
Rajasthan
11
4
17.
Orissa
32
16
18.
Tamilnadu
12
4
19.
Uttar Pradesh
16
7
20.
Uttarakhand
1
1
21.
West Bengal
9
2
228
119
Total
Reply to Parliamentary Question submitted by the Ministry of Women and Child, Government of India
As per MWCD data of 13th february 2013.
63
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S. Name of the States Total No. of
No.
Projects Under
Ujjawala Scheme
Prevention
Rescue
P & R Homes
Reintegration Repatriation
1.
Andhra Pradesh
17
15
9
11
8
--
2.
Arunachal Pradesh
1
--
--
1
--
--
3.
Assam
22
19
9
15
8
1
4.
Bihar
1
--
--
1
--
--
5.
Chhattisgarh
2
1
1
1
--
--
6.
Delhi
1
1
--
1
1
1
7.
Jharkhand
1
1
--
--
--
--
8.
Karnataka
36
33
24
27
22
2
9.
Kerala
7
5
--
3
--
--
10.
Maharashtra
44
44
19
16
10
5
11.
Manipur
6
6
6
6
2
2
12.
Madhya Pradesh
4
3
1
1
--
--
13.
Mizoram
1
1
1
1
1
--
14.
Punjab
1
1
1
1
1
--
15.
Nagaland
3
3
3
---
--
--
16.
Rajasthan
11
11
3
4
--
--
17.
Orissa
32
29
15
16
9
--
18.
Tamil Nadu
12
12
5
4
4
--
19.
Uttar Pradesh
16
13
6
7
3
2
20.
Uttarakhand
1
1
1
1
1
1
21.
West Bengal
9
8
2
2
1
1
228
207
106
119
71
15
Total
45
3. Initiatives of The Ministry of Labour and Employment, Government of India
There are a number of factors that make children more vulnerable to trafficking for labour. Some of these are at the
family level and some others at the community or society level. While at the family level, the major push factors
are poverty, illiteracy, dysfunctional family life, under-employment and a lack of income-generating opportunities
for families, those at the community or society level are a general apathy or tolerance towards exploitative forms
of child labour, degeneration of moral values, increasing commercialization, lack of community support, social
vulnerabilities and weak law enforcement65.
CROSS BORDER TRAFFICKING
There are several instances of migration or trafficking of children for labour from neighbouring countries like Nepal
and Bangladesh. These children are being brought to big cities in India in search of labour and they end up working
in most difficult conditions, mostly in dhabas (Highway Hotels), tea stalls or as domestic servants. So far away from
their families, these children are highly vulnerable to all kinds of abuses, including physical and sexual abuse.
Protocol on Prevention, Rescue, Repatriation and Rehabilitation of Trafficked & Migrant Child Labour 2008, Ministry of Labour and
Employment, Government of India available at http://labour.nic.in/cwl/DraftProtocolPreventionMigrantChildLabour.pdf
65
GOVERNMENT INITIATIVES
At present, there are 7300 National Child Labour Project (NCLP) schools spread over 266 districts being run in the
country with an enrolment of 3,40,000 children and 4,50,000 working children have already been mainstreamed to
regular education under the NCLP scheme. Since poverty and illiteracy are the root causes of child labour, Government
of India is taking steps to supplement educational rehabilitation of these children with economic rehabilitation of their
families so that they are not compelled by their economic circumstances to send their children to work. Efforts are being
made for convergence between the schemes of different Ministries like Ministries of Human Resource Development,
Women & Child Development, Urban Housing & Rural Poverty Alleviation, Rural Development, Panchayati Raj etc, so
that child labour and their families get covered under the diverse schemes of these ministries also.
In the Year 2011-2012, the Ministry of Labour implemented two schemes for rehabilitation of child labour:
•
NCLP Scheme, which is a 100% central sector scheme and is being implemented through District
Project Societies headed by Deputy Commissioner/District Magistrate.
•
Grant in Aid (GIA) Scheme under which funds to the extent of 75% of the project cost are released
directly to NGOs for elimination of the child labour in the districts which are not covered under the
National Child Labour Project.
The government is also laying stress on the enforcement of the Child Labour (Prohibition & Regulation) Act. State
Governments are the appropriate authority for implementation of the Act for areas under their jurisdiction and the
Chief Labour Commissioner (Central) for areas under the central sphere. Strong enforcement measures act as
deterrents and also lead to voluntary action on the part of the employers not to employ child labour in their respective
units. The government took a major step in 2006 in the direction of elimination of child labour by banning the
employment of children below the age of 14 years in two occupations viz., children working as domestic workers
(CDL) and in teashops, hotels, road side eateries, etc. For the effective enforcement of the ban and the rehabilitation
of the affected children, the government has been coordinating with the State Governments for taking appropriate
measures in this direction. Extensive awareness generation campaign against child labour is being launched from
time to time in the print and electronic media.
In Writ Petition (Civil) No.465/1986 M.C. Mehta Vs State of Tamil Nadu, the Supreme Court of India, gave certain
directions on the issue of elimination of child labour which include66:
•
Survey for identification of working children.
•
Withdrawal of children working in hazardous industries and processes and ensuring their education in
appropriate institutions.
•
Contribution @ Rs. 20,000/- (USD 368) per child to be paid by the offending employers of children to a
welfare fund to be established for this purpose.
•
Employment to one adult member of family of the child withdrawn from work and if that is not possible a
contribution of Rs. 5000/- (USD 92) to the welfare fund to be made by the State Government.
•
Financial assistance to the families of the children withdrawn to be paid-out of the interest earning on the
corpus deposited in the welfare fund as long as the child is actually sent to school.
PENAL ACTIONS
As per the 2001 census, the total number of working children between the age group 5-14 years in the country was
12,60,0000. However, as per NSSO survey 2009-10, the working children are estimated at 49,84,000 which shows
a declining trend. Under the Child Labour (Prohibition & Regulation) Act, 1986, Sec. 3 prohibits the employment
of children below the age of 14 years in 18 Occupations and 65 Processes. Any person who employs a child in any
occupation or process where employment of children is prohibited under the Child Labour (Prohibition & Regulation)
Act, is liable for punishment with imprisonment for a term which shall not be less than 3 months but which may
http://labour.nic.in/content/division/directions-of-supreme-court.php
66
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47
extend to one year or with fine ranging from Rs.10,000 (USD200) to Rs.20,000 (USD400). States/UT Governments
are appropriate authorities for implementation of the Child Labour (Prohibition & Regulation) Act, 1986 in the areas
that come under their jurisdiction.
Data on enforcement of Child Labour (Prohibition & Regulation) Act, 198667
Year
Inspections
Violations
Prosecutions
Convictions
2007
351279
9979
12705
617
2008
355629
2709
11149
742
2009
295572
1719
11033
1312
2010
213544
2219
8854
1226
2011
39963
1258
3904
366
Total
1255987
17884
47645
4263
No. of rescued child labourers benefited through training during the last three years
S. No.
State
2007-08
2008-09
2009-10
1
Assam
Nil
Nil
3685
2
Andhra Pradesh
11,501
10779
13689
3
Bihar
657
1126
7998
4
Chhattisgarh
3015
1674
1063
5
Delhi
Nil
Nil
Nil
6
Gujarat
620
845
1437
7
Haryana
Nil
1164
1354
8
Jammu & Kashmir
6
Nil
Nil
9
Jharkhand
617
4785
1816
10
Karnataka
4343
4549
3217
11
Maharashtra
3430
3495
5150
12
Madhya Pradesh
9692
9582
9692
13
Odisha
9661
10283
10585
14
Punjab
460
428
1023
15
Rajasthan
4155
11630
12326
16
Tamil Nadu
9215
7950
6321
17
Uttar Pradesh
9500
26390
40297
18
West Bengal
1092
3127
13187
PROTOCOL ON PREVENTION, RESCUE, REPATRIATION AND REHABILITATION OF TRAFFICKED AND MIGRANT
CHILD LABOUR
The Government of India has drafted and operationalised the Protocol which provides practical guidelines to key
stakeholders on crucial issues relating to prevention, rescue, repatriation and rehabilitation of trafficked and migrant
child labour.
The Protocol has clearly defined the following:
•
Child: For the purposes of this Protocol, a child shall mean any person who has not completed the fourteenth
year of age, pursuant to Section 2 (k) of the Child Labour (Prohibition & Regulation) Act. The term ‘children’
shall be construed accordingly. The definition of child has to be in consonance with that given under the
Child Labour (Prohibition & Regulation) Act, 1986.
Parliamentary Question Reply, Ministry of Labour
67
•
Child Labour: Pursuant to the definition of child under the Child Labour (Prohibition & Regulation) Act,
child labour will include children below 14 years of age engaged in hazardous occupations and processes as
detailed by the Act.
•
Migrant child labour: Migrant child labour may be broadly taken to be a child who has moved with or
without the family across state borders or even within the same state and is engaged in hazardous work as
specified under the Child Labour (Prohibition & Regulation) Act.
•
Trafficked child labour: In comparison, a trafficked child labour may be taken as a child who has been
recruited, transported, transferred, harboured or received for the purpose of labour exploitation through
forced labour or forced services, bonded labour, slavery, practices similar to slavery, or servitude. A child
has been trafficked if he or she has been moved within a country, or across borders, whether by force or not,
with the purpose of exploiting the child.
•
Prevention: It would mean various activities to be taken up to prevent migration and trafficking of children
into exploitative labour. It would include stepping up enforcement drives against offenders employing
children in prohibited hazardous work to act as a detriment, increasing community level awareness of the
problem, providing alternative income generating or educational opportunities to children at risk. It would
also include raising general awareness among public against child labour. Monitoring and reporting of
movement of children under suspicious circumstances will also have to be strengthened.
•
Rescue operations: It would involve all activities associated with organizing inspections and raids, for
identification, establishment, and withdrawal of child labour engaged in prohibited work as specified under
the Child Labour (P&R) Act, with the aim of securing the rehabilitation and social reintegration of the rescued
child. The term rescue operation shall include both the rescue of an individual child or of several children.
•
Interim protection: All processes to be adopted pursuant to the rescue operation and until the repatriation
of the child has been secured shall be termed as interim protection. In case repatriation is not possible, then
it would also include measures to secure the rehabilitation and social reintegration of child within the state
they are rescued from with a view towards ensuring the safety and well being of the child, in accordance with
the Juvenile Justice Act, 2000 or any other Act or Rules in operation in the state supporting the process of
interim protection
•
Prosecution: Legal proceedings against the offenders under Child Labour (P&R) Act or any other labour or
criminal laws applicable.
•
Repatriation: It would involve all actions taken after the rescue of the children till their effective restoration
with their families or legal guardians or others, in line with the proceedings outlined under the Juvenile
Justice Act and the Rules laid down in this regard. Repatriation shall include intra state repatriation, if the
child belongs to the state of rescue and interstate repatriation, if the child is from any other state in the
country and repatriation shall be cross border if the child is from any other country.
•
Rehabilitation and Social Reintegration: The term ‘rehabilitation and social reintegration’ shall include the
processes included in Chapter IV of the Juvenile Justice (Care and Protection of Children), 2000 Act. The
term ‘rehabilitation’ shall include the economic rehabilitation of the family and educational rehabilitation of
the child. All terms and expressions used in this document, but not defined, unless the context requires
otherwise and defined in the Child Labour (Regulation and Prohibition) Act, 1986 and Juvenile Justice (Care
and Protection of Children) Act, 2000 shall have the meanings respectively assigned to them in those Acts.
The Protocol also outlines the pre/post rescue measures, rehabilitation plan, preventive measures and the duties /
responsibilities of the government agencies.
BONDED LABOUR
The Bonded Labour System has been abolished by law throughout the country with effect from 25 October, 1975
under the Bonded Labour System (Abolition) Ordinance which was replaced by the Bonded Labour System (Abolition)
Act, 1976. The responsibility for implementing the Act lies with the State Governments. Under the Act, Vigilance
Committees at District and Sub-Divisional level under the Chairmanship of District Magistrate/Sub-Divisional
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Magistrate are constituted by the State Government to identify incidence of bonded labour. In order to assist the
State Government in the task of identification and rehabilitation of bonded labourers, a centrally sponsored scheme
for rehabilitation of bonded labour is in operation since 1978. The scheme, inter-alia, has a provision for providing
financial assistance to the State Governments/UTs @ Rs. 2 Lakh (USD 3600) per district for conducting survey of
bonded labourers once in 3 years. As and when existence of bonded labour is detected, such persons are identified
for rehabilitation.
The salient features of the Centrally Sponsored Scheme for rehabilitation of bonded labour announced in 1978
are:
Rehabilitation Assistance increased from Rs.10,000 to Rs. 20,000 (USD 182-USD 364) in May, 2000:
•
Assistance is shared on 50:50 basis by the Centre and the States. Out of this, Rs.1,000 (USD 18) is paid
immediately on release of a bonded labour as subsistence allowance.
•
Pattern of assistance is land based, non-land and skill/craft based occupation.
•
Rs.2 lakh (USD 3600) per district provided once in three years for survey of bonded labour.
•
Rs.5 lakh (USD 9120) provided for five evaluatory studies per state every year.
A Grant of Rs.10 lakh (USD 18240) made available to State Governments for launching awareness generation
activities:
•
Printing of pamphlets/leaflets/campaigns through local newspapers – Rs.1 lakh.
•
Cost of organizing orientation and training of folk cultural troupes who will perform at Nukkad Nataks, skits,
street theatres, etc. – Rs.2 lakhs (USD 1824).
•
Cost of actual performance by folk cultural troupes including cost of travelling – Rs.2 lakhs (USD 3600).
•
Cost of campaigning and telecast of various audio visual inputs through AIR, Doordarshan, Song and Drama
Division, etc. – Rs. 5 lakhs (USD 9120).
Rehabilitation package provided by the State Governments for the freed bonded labourers includes:
•
Allotment of house-site and agricultural land preferably in the village where he ordinarily resides.
•
Providing of low cost dwelling units.
•
Animal husbandry, dairy, poultry, piggery, etc.
•
Training for acquiring new skills.
•
Developing existing skills– wage employment, enforcement of minimum wages, etc.
•
Supply of essential commodities under targeted public distribution system.
•
Education for children.
•
Protection of civil rights.
DOMESTIC WORKERS
Each and every day the big cities witness a large influx of non-literate, semi-literate and unskilled women in the
city. Many of them have been trafficked and are forced to come without knowing their future. Some of them arrive
in search of a better life as they are attracted by the facilities and advantages offered by a city like Delhi, Mumbai,
Kolkata, Hyderabad etc. In short, we can divide this influx of women into two categories; ‘by choice migrants’ and
‘forced migrants’. Whether by choice or by force, this migration of unskilled female domestic workers has been a
common phenomenon for urban India. The transformation of society from a joint family structure to the nuclear one,
more and more involvement of women in professional activities and substantial increase in income levels; have all
acted as major demand factors for domestic workers. These domestic workers, particularly the female workers are
playing the roles of a cook, a cleaner, a care-taker, a baby-sitter, a gardener, so on and so forth, in urban India. A huge
chunk of domestic workers involves a large number of children, particularly girls. The child domestic workers remain
unseen behind the doors of their employers’ houses. They have left-overs to eat, old clothes to cover themselves and
the floor of the kitchen to sleep. Unlike their adult counterparts, the child domestic workers mostly work as full-time
domestic workers as they are not ‘expensive’. Also, the employers want them as they cannot demand their rights and
can be dominated easily. They are deprived of education, freedom of expression and movement and have nobody to
share their loneliness with. In most of the cases they are forced to work as maids in order to free their families from
loans or to feed themselves and possibly their large families as well. Several cases of violence, torture and sexual
exploitation have been reported. Many of these domestic workers are brought to the big cities through the illegal
placement agencies who continue to exploit them.
In order to provide protection to the domestic workers many of whom are trafficked, the Ministry had set up a Task
Force to evolve a policy framework for domestic worker in the context of a regulatory mechanism and providing
social security. On the recommendation of the Task Force, following steps have been taken:
•
The State Governments have been requested to take necessary steps for inclusion of domestic work as
employment in the Schedule and fix minimum rate of wages for domestic workers.
•
The State Governments have been requested to take steps for registration of placement agencies providing
domestic workers under the Shops and Establishment Act.
•
The Government has extended Rashtriya Swasthya Bima Yojana68 (RSBY) to the domestic workers. RSBY is
a flagship programme of the Government which provides health insurance to unorganized workers to avail
smart card based cashless hospitalization facilities upto Rs.30,000 (USD 560).
The Task Force has also prepared a draft National Policy. The policy provides directions for Central and State
Governments.
NATIONAL POLICY ON DOMESTIC WORKERS
The Policy places an obligation on the Central and State Governments to take effective and appropriate measures to
ensure that domestic workers are able to exercise their labour rights as guaranteed under the Indian Constitution. The
policy aims to promote domestic workers’ human rights and fundamental principles and rights at work by bringing
them in the ambit of labour legislations, and relevant labour policies and schemes that are available to other workers
in India. The Policy lays down a labour rights framework to facilitate the inclusion through amendments in Central
and State labour legislations where required, and setting up of legislative mechanism to address any inconsistencies,
insufficiencies and inapplicability arising from their specific nature of work which existing legislations are not able
to address. The Policy aims at providing a direction for Central and State Governments to establish formal rights of
domestic workers and ensure that domestic workers can exercise their rights by:
1.
Explicitly and effectively expanding the scope of applicable legislations to domestic workers by making
necessary amendments in legislations, policy and schemes to grant domestic workers rights that are
enshrined in laws for other categories of workers.
2.
Setting up of legislative mechanism to address any inconsistencies, insufficiencies and inapplicability arising
from their specific nature of work which existing legislations are not able to address.
3.
Setting up of an institutional mechanism which provides for social security cover, social protection benefits,
fair terms of employment, grievance redressal and disputes resolutions, which can be easily used by the
domestic workers.
4.
Facilitating the process to register as workers and being recognized as workers.
5.
Promoting the skill development as one entry point to professionalize domestic work and enhance
employability, wages and living and working conditions.
6.
Setting up necessary mechanisms to protect the rights of domestic workers who seek work abroad.
http://www.rsby.gov.in/
68
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7.
Setting up necessary mechanisms to regulate placement agencies establishing the roles and responsibilities
of the government, the private household employer and the workers and employers organizations including
the adoption of the Code of Practice.
8.
Creating public awareness of domestic work as legitimate labour market activity and the household
employers’ obligations under the law to provide decent working and living conditions.
In pursuance of excellence in vocational training, a new strategic framework for skill development for early school
leavers and existing workers has been developed since May, 2007 in close consultation with industry, State
Governments and experts. The Scheme offers multi-entry and multi-exit options, flexible delivery schedule and
lifelong learning. Modular Employable Skills (MES) Framework envisaged under this Scheme is the ‘minimum skills
set’ which is sufficient for gainful employment.
Skill Development Initiative
Emphasis in the curricula is also on soft skills. Courses are also available for persons having completed 5th standard
and attained the age of 14 years. Central Government is facilitating and promoting training while industry, private
sector and State Governments are associated with training the persons through Vocational Training Providers.
At present, 1386 Modules for employable skills covering 60 sectors have been developed, 36 Assessing Bodies
empanelled for conducting assessment, 6,753 Vocational Training Providers (VTPs) have been registered and more
than 12,19,000 thousand persons have been trained / tested (since 2009).
INITIATIVES OF THE MINISTRY OF OVERSEAS INDIAN AFFAIRS, GOVERNMENT OF INDIA
Over the last decade there has been an increase in trafficking to foreign countries through marriage rackets and
placement / recruitment agencies. In these cases, the basic ingredients of trafficking - fraud, coercion and exploitation
is present. Many cases of trafficking for prostitution and sex rackets in the garb of recruitment agencies have been
reported. Even domestic workers going to Middle East countries have reported exploitation in the hands of the
employers who keep them in slavery like conditions and sometimes in bondage. The Ministry of Overseas Indian
Affairs, Government of India69 (MOIA) has initiated several schemes for Indians particularly women who can get help
either through contacting the embassy or through a ‘helpline’.
•
The Ministry of Overseas Indian Affairs has issued instructions to the Head of Missions of 17 Emigration
Check Required (ECR) countries for setting up shelter homes for Indian women in distress overseas. As per
available information, Bahrain, Malaysia, Kuwait, Kingdom of Saudi Arabia (Riyadh), Oman and United Arab
Emirates (UAE) have ‘shelter homes’ in operation for distressed Indian women workers.
•
The initial legal assistance to overseas Indian workers in deserving cases, including Indian women workers
in distress, is provided from the Indian Community Welfare Fund (ICWF), which has been extended to all
Indian missions abroad w.e.f March 2011.
•
The Ministry also runs a scheme for providing legal/financial assistance to Indian women deserted by
their overseas spouses. The objective of the scheme is to provide financial assistance to needy Indian
women who were either deserted or divorced by their overseas spouses and help them in getting access to
counselling and legal services through credible Indian women organisations/Indian community associations
and NGOs empanelled with the Indian Missions/Posts. The limit of assistance is USD 3,000 per case in
developed countries and USD 2,000 per case in developing countries as initial legal aid for documentation
and preparatory work for filing the case.
•
Assistance to deserted NRI Women: Legal and financial assistance is already being provided to Indian women
who have been deserted by their NRI husbands, by MOIA through Indian Missions abroad. The assistance is
for meeting the initial cost and incidental expenses for documentation and filing of cases by Indian women’s
organizations/NGOs empanelled with the Indian Missions/Posts. Assistance of US$ 3,000 in the case of
developed countries and USD 2000 in developing countries is being provided.
http://moia.gov.in/index.aspx
69
•
MOIA has brought out a guidance booklet on “Marriages to Overseas Indians” which contains information
on safeguards available to women deserted by their NRI spouses, legal remedies available, authorities
that can be approached for redressal of grievances. A pamphlet entitled “Thinking of the marriage of your
daughter with an NRI?” has also been brought out by the Ministry highlighting the precautions to be taken
before entering into marriage alliance. Apart from this, the National Commission for Women (NCW), the
coordinating agency at the national level for dealing with the issues pertaining to NRI marriages has brought
out a pamphlet entitled “Problems Relating to NRI Marriages-Dos and Dont's”. It describes the problems
related to NRI marriages and suggests precautionary dos and dont's for Indian women considering marriage
to an NRI or a Person of Indian Origin (PIO). NCW has also brought out a report on problems relating to NRI
marriages, titled “The ‘No where’ Brides”.
•
Beside this, a scheme was launched in 2007 to provide legal /financial assistance to the deserted or divorced
overseas Indian women through the Indian Missions/Posts. It was revised and the revised scheme came
into effect from November 2011. The scheme would be available to Indian women who have been deserted
by their overseas Indian / foreign husbands or are facing divorce proceedings in a foreign country, subject
to the following conditions:
1. The marriage of the woman has been solemnized in India or overseas with an overseas Indian or a
foreigner.
2. The woman is deserted in India or overseas within fifteen years of the marriage.
3. Divorce proceedings are initiated within fifteen years of the marriage by her overseas Indian / foreign
husband or
4. An ex-parte divorce has been obtained by the overseas Indian / foreign husband within twenty years of
marriage and a case for maintenance and alimony is to be filed by her.
Legal Assistance to Indians in Foreign Countries
•
The Government provides legal assistance to Indians in foreign countries through Indian Missions abroad.
MOIA provides legal and financial assistance to Indian women who are victims of fraudulent marriages and
deserted by their overseas Indian husbands or are facing divorce proceedings in a foreign country through
Indian Missions in USA, UK, Canada, Australia, New Zealand and the Gulf. The funds are placed at the
disposal of the Indian Missions/Posts. This scheme, introduced in 2006, provides assistance limited to US$
1,500 per case for meeting the legal costs and incidental charges for documentation and filing of the case by
the Indian women’s organization/NGOs empanelled with the Indian Missions/Posts.
•
The Ministry has set up the Indian Community Welfare Fund (ICWF) at the disposal of the Indian Missions in
42 countries to meet contingency expenditure incurred by the Indian Missions for carrying out onsite welfare
measures for overseas Indian workers in distress including initial legal assistance in deserving cases. An
Indian Workers’ Resource Centre (IWRC) has also been set up in the Indian Mission in Dubai, UAE which
provides 24x7 assistance to the Indian workers in that country. One of the objectives of IWRC is to extend
legal, financial and medical counselling to the workers.
Action against Recruiting Agents
52
•
The complaints are received from time to time in MOIA and the Indian Missions abroad, mostly from the Gulf
countries, regarding ill-treatment, non-payment of salary, unfavorable working conditions, and harassment
etc. of Indian workers recruited by agents in India. On receipt of the complaint(s) show-cause notice under
the Emigration Act, 1983 is issued to the registered Recruiting Agents against whom complaints are received
and the recruiting agent is directed to settle/ resolve the complain in the first instance. If the recruiting agent
fails to respond to the Show-Cause Notice or his reply is not satisfactory, his registration certificate is initially
suspended for 30 days. If the complaint still remains unresolved, the registration certificate is suspended for
a further indefinite period and action is initiated for cancellation of the registration certificate and forfeiture
of bank guarantee, as warranted.
•
In respect of complaints received against agents who are not registered with Protector General of Emigrants,
MOIA, these are referred to the police authorities concerned for investigation and action.
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COMPLAINTS AGAINST REGISTERED RECRUITING AGENTS (MAY 2012)70
Year
No. of
complaints
Show Cause
Notices issued
No. of Registration
Certificates suspended/
cancelled
No. of complaints
dropped
Cases which are
being followed
2009
158
53
53
63
42
2010
145
32
32
53
60
2011
117
26
26
14
77
COMPLAINTS AGAINST UNREGISTERED RECRUITING AGENTS(MAY 2012)71
Year
No of Complaints
Prosecution Sanctioned
Cases Referred to Protector General for Emigrant
2009
136
14
136
2010
166
10
166
2011
155
6
98
Indian Missions receive complaints from women workers particularly housemaids on account of non-payment of
salaries, long working hours, inadequate living conditions, physical harassment, refusal of leave or ‘exit/re-entry
permits’ ‘final exit visa’ etc. The government has taken various measures for protecting the safety and welfare
of women migrant workers of the ECR (Emigration Check Required) category who emigrate to 17 notified (ECR)
countries. These include:
•
Age restriction of 30 years has been made mandatory in respect of all such women emigrants. The
employment contract must be duly attested by the Indian Missions in respect of all such women.
•
Women household workers are allowed to emigrate after the Indian mission has attested the identity of the
foreign employer and terms and conditions of contract.
•
A pre-paid mobile facility must be provided by the employer to every woman household worker. If the foreign
employer recruits the worker directly, he is required to deposit a security of $2500 with the Indian Mission.
•
The Ministry has set up the Overseas Workers Resource Centre (OWRC) with a 24x7 Helpline to enable
emigrant workers/prospective emigrants including women to obtain information on all emigration related
matters and to seek redressal of their complaints.
•
The Ministry undertakes awareness campaign through the print and electronic media to sensitize potential
emigrant workers including women emigrants about the legal emigration process and hazards of illegal
emigration.
5. Initiatives on Missing Children
The link between missing persons and human trafficking was first reported in the 2004 NHRC Action Research.
Across the country, hundreds of women and children disappear daily and a large number of them continue to
remain missing. In the absence of any monitoring mechanism, law enforcement agencies remain clueless on the
whereabouts of the missing persons.
It is seen in many cases that even a FIR is not registered. State police across the country, barring a few states, just
enter the data in the missing person’s diary and hence the real cases of trafficking of children and women are never
tabulated or get reflected in the cognizable offence section of the National Crime Records Data. The crime record data
thus remains incomplete and most of these cases continue to remain pending in the missing persons list.
Ministry of Overseas Indian Affair, Parliamentary Question Reply
Ministry of Overseas Indian Affair, Parliamentary Question Reply
70
71
In cases of missing children there is also a large number of cases that never gets reported as many parents and
relatives fear to go to the police stations for reporting the case as traffickers by fraud and deception obtain the
consent of the parents or relatives. Such cases are never reported as the relatives or parents fear that they may be
prosecuted.
The NHRC Action Research brought out very clearly the linkages between missing cases and trafficking. Many NGOs
working on Anti Trafficking have also reported that in many cases of recovered and rescued victims of trafficking
they are able to trace the missing persons report at the local police station level.
There is a wide network of traffickers across the country who procure women and children from rural areas
experiencing poverty and low awareness on trafficking issues. The traffickers move in the community as placement
agencies, recruitment agencies, job agents or contractors etc. Some of the women and children especially young
girls are recruited by professing love and promises of marriage and lured to elope. In most of the cases local level
traffickers are involved. The huge demand for victims fuels the supply. Hundreds of women and children get sucked
into the trade through this organised crime and end up in a life of slavery. Many of these cases are never reported.
Some cases are reported by parents only after a considerable period of time has passed. Apart from this, many
children are abducted and kidnapped by gangs operating in the source areas. Investigations by police agencies
report presence of such organised crime syndicates which are operating openly with much ease and fearless of the
law. Finally many of these victims who are trafficked just become numbers and are reflected in the Crime Records
Bureau Data.
Research by many agencies and also by the NHRC Action Research has proved the fact that the traffickers use well
defined routes for transiting a procured person from the source areas to the destination. Many source areas have
fixed destination and this makes it very clear that if a rapid response system of reporting and search is put in place
many of these victims can be rescued before they are exploited and sold during the transit period itself.
The Supreme Court of India provided detailed guidelines on 14-11-2002, while hearing the Writ Petition (Crl) No 610
of 1996 filed by Horilal vs Commissioner of Police, Delhi and others with regards to effective and emergency steps
to be taken in case of tracing out the missing women and children.
The Nithari Case in 200772 brought the plight of missing children and women before the nation. The case was a
classic example of how the law enforcement agencies treat the missing persons as regular cases and even fail to
recognise a set pattern emerging out of the cases. In this particular police station several children and women were
reported missing in a span of time and yet they failed to recognise that most of them were being exploited and killed
in a single house. In this particular case, a committee was set up by MWCD, Government of India and also by the
National Human Rights Commission (NHRC) to study and analyse the case.
Post the Nithari episode, the NHRC set up a panel to examine the cases of missing children across the country. The
NHRC panel provided to the nation a well set out roadmap for combating cases of missing persons.
In 2009, the MWCD under the ICPS recognised the need of a portal and a network to be created for tracing missing
children by including the same in the ICPS policy document.
In 2010, the Delhi High Court ordered detailed guidelines for Delhi Police. Among the various guidelines it was
mentioned that the Police have to register FIR in all cases of missing children.
On December 2006, two Nithari residents claimed they knew the location of remains belonging to children who had gone missing in the
previous two years: the municipal water tank behind house D5 in Noida Uttar Pradesh. Both had daughters who had disappeared, and they
suspected Surender Koli, the domestic help at D5, had something to do with the disappearances. The residents claimed they had been
repeatedly ignored by local authorities; therefore they sought the help of former Resident Welfare Association (RWA) President S C Mishra.
That morning, Mishra and the two residents searched the tank drain, and one of the residents claimed to have found a decomposed hand,
after which they called the police. Anxious parents of the missing children rushed to Nithari with photographs. Koli, under the alias Satish,
later confessed to killing six children and a 20-year-old girl known as "Payal" after sexually assaulting them.
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In 2011, the Ministry of Home Affairs published a detailed Advisory to all states for taking steps for tabulating each
and every missing case and also the various ways and methods the police can recover these cases. The Advisory
recognised the fact that trafficking in human beings was an organised crime and the response to the same should
also be organised. The Ministry of Home Affairs advisory was again a well researched document and resulted from
a series of zonal workshops held across the country.
In the period 2007-2012, Delhi Police collaborated with other neighbouring states to set up the ‘zip net’ network.
West Bengal Police also initiated a missing person portal which has also been able to very carefully profile each and
every missing case reported in West Bengal.
In 2012, Bachpan Bachao Andolan (NGO) published a report on missing persons which reflected that the actual
number of missing persons are much more than what is being reported in the NCRB data.
With the ratification of the UN Trafficking Protocol it is now imperative that the Government of India develops a response
plan for tracing missing persons. The National Portal is of course needed but the same should be supplemented by
a very strong infrastructure and communication network with the technology for fast collection and dissemination of
information. It also calls for convergence among all stakeholders so that fast and quick action can be taken across
the country and even abroad without loss of time. It also requires profiling of traffickers and the organised crime
racketeers. All the enforcement agencies along the travel routes taken by traffickers should be well connected.
The Government of India has taken steps to create machinery and institutional mechanisms across the country
with the roll out of Integrated Child Protection Scheme and the Integrated Anti Human Trafficking Units. In both
these schemes, NGOs and Civil Society is an integral part of the system. Now the time has come to create a
robust technological system for profiling, publishing and disseminating information as fast as possible among all
stakeholders and also a synergy and convergence among all agencies.
Guidelines for search of Missing Children laid down by Supreme Court of India
Hori Lal Vs Commissioner of Police, Delhi & Ors Respondents (14.11.2002)
The Court in its order dated 14/11/2002 laid out the following guidelines for effective search of the Kidnapped minor
girls, which are to be followed by the Investigation Officer in all the States:
1.
Publish photographs of the missing persons in the newspaper, telecast them on television promptly, and
not later than one week of the receipt of the complaint. Photographs of a missing person shall be given
wide publicity at all the prominent outlets of the city/town/village concerned that is at the railway stations,
interstate bus stands, airport, regional passport office and through law enforcement personnel at border
checkpoints. This should be done promptly and in any case not later than one week of the receipt of the
complaint. But in case of a minor/major girl such photographs shall not be published without the written
consent of the parents /guardians.
2.
Immediately make inquiries in the neighbourhood, the place of work/study of the missing girl from friends,
colleagues, acquaintance, relatives etc. Equally all the clues from the papers and belongings of the missing
person should be promptly investigated.
3.
Contact the principal, class teacher and students at the missing person’s most recent school /educational
institutions. If the missing girl or woman is employed somewhere, then contact the most recent employer
and her colleagues at the place of employment.
4.
Conduct an inquiry into the whereabouts from the extended family of relatives, neighbours, school teachers
including school friends of the missing girl or woman.
5.
Make necessary inquiries whether there have been past incidents or reports of violence in the family.
Thereafter the investigation officer/agency shall:
1.
Diligently follow up to ensure that the records requested from the parents are obtained and examine them
for clues.
2.
Hospitals and mortuaries to be searched immediately after receiving the complaint.
3.
The reward for furnishing clues about missing person should be announced within a month of her
disappearance.
4.
Equally hue and cry notices shall be given within a month.
5.
The investigation should be made through women police officers as far as possible.
6.
The concerned police commissioner or the DIG/IG of the state police would find out the feasibility of
establishing a multitask force for locating missing persons.
Further, in the metropolitan cities such as Delhi, Mumbai, Kolkata and Chennai the Investigating Officer should
immediately verify the red light areas and try to locate the minor girls. If any minor girl (may or may not be recently
brought there ) is found her permission be taken and she may be taken to the children’s home (Sec 34 of the Juvenile
Justice (Care and Protection of the Children) Act 2000, and the I.O. to take appropriate steps that all medical /other
facilities are provided to her.
General Pattern of Investigation Followed for 'Missing Children'73
Normally, the investigation of a crime commences with the registration of a First Information Report (FIR) in a police
station. The registration of an FIR pre-supposes a cognizable offence. However, in the case of a missing child, there
is no system of registering an FIR across the country. Complaints of missing children, by and large, are treated as
any other non-cognizable offence and only an entry is made in the General Station Diary (GD) that is followed by an
enquiry. In other words, just as in the case of a missing person, no FIR is registered but only an entry is made in
the GD of the police station concerned, the same procedure is followed in the case of missing children. The followup procedure thereafter entails the Station House Officer in the police station forwarding the information to all
concerned, as well as to the Superintendent of Police or to the Deputy Commissioner of Police who in turn forwards
it to the Chief of Police. At the field level, local police officials publicize the particulars of the missing child in the
media by circulating the available identification details and photographs.
The message concerning missing child/ children that reaches the police headquarters normally is taken care of by
the Missing Persons Bureau. At the state level, this Bureau is often a wing of the CID of the state police. While taking
action, they also forward the message to the State Crime Records Bureau who, in turn, transfers the information to
the Missing Persons Wing at the National Crime Records Bureau (NCRB) in New Delhi, which operates under the
Ministry of Home Affairs. The NCRB, transmits this message to the chiefs of police in other states. The research
wing of the NCRB coordinates this information and further transmits it to other places. The NCRB, under the TALASH
Information System, maintains a national level database of missing persons under the following broad categories
- 'missing', 'kidnapped', 'arrested', 'deserted', 'escaped', 'proclaimed offender', 'wanted', 'unidentified dead body',
'unidentified person' and 'traced/ found'. Earlier, data on missing children under the broad category of 'missing' was
not available. However, this is now available for both the sexes under the age group 0-12 and 13-18 years.
Although the category of missing children has come to be reflected in the TALASH Information System, there is no
mention or analysis of it to date in the Crime in India Report being published by the NCRB. This is in spite of the fact
that Chapter Six therein titled 'Crime Against Children' categorically affirms that "Generally, the offences committed
against children or the crimes in which children are the victims are considered as Crime Against Children". It then
goes on to highlight crimes committed against children that are punishable under the Indian Penal Code 1860 and
crimes committed against children that are punishable under the Special and Local Laws. Apart from the NCRB, there
are some regional police websites like the Zonal Integrated Police Network (ZIPNET) and a few state police websites,
which provide data on missing persons, including data on missing children. But the information provided therein
NHRC- Recommendation of the Committee on Missing Persons- NHRC Annual Report 2007-08
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remains largely incomplete. Awareness about these databases -- particularly, among police personnel is low and
it has not got adequate attention in the investigation and tracing of missing children. It is pertinent to mention that
sending "look out" notices and publishing photographs and other details in local visual and print media is somehow
not mandatory in every State/ Union Territory. In addition to this, there are a host of other factors - absence of
effective supervision and follow-up, lack of interest on account of low priority accorded to the problem of missing
children, lack of resources, lack of coordination and lack of national strategy to deal with the challenge – due to which
cases of missing children do not receive the desired attention that they really deserve. With the passage of time,
routine efforts to locate missing children have also been abandoned. As a result, a large number of missing children
remain untraced. Sustained efforts to locate the missing children are rare.
NHRC Recommendations on Missing Children74
The NHRC Committee has proposed for prioritization of the issue of missing children /women among law enforcement
agencies. It has asked for creation of a missing person’s desk which will monitor and document each and every case
of missing person in the police station. In this regard, it has advocated that the Juvenile Police Units can be utilized
for the purpose. This squad/desk should have a Registering Officer who should be made responsible for registering
complaints of missing children and to maintain complete records of efforts made by them to trace missing children
as well as by the Special Squad.
The Report recommended that State Police Headquarters should evolve a system of mandatory reporting whereby
all incidents of missing children across the country should be reported to the National Commission for Protection of
Child Rights (NCPCR) within 24 hours of occurrence. Failure to report promptly would give rise to the presumption
that there was an attempt to suppress the incident. The reporting should be done promptly and the procedure could
be the same as is being followed by the concerned authorities for reporting custodial death cases to the NHRC.
The NHRC Committee emphasized the need of establishing a National Tracking System that would encompass the
grass-root level in locating and tracing missing children at NCRB. There should be prompt reporting of not only
missing children cases, but also of return/ rescue/ recovery. All instances where children are rescued from places of
exploitation including places of sexual exploitation and also exploitative labour, should be dovetailed into the NCRB
data base. The database should be updated on a regular and systematic basis.
The NHRC Committee has stated that as of now the issue of missing children is not a cognizable offence and the very
fact of missing of a child does not convey occurrence of a crime. The State Governments were advised to consider
issuance of appropriate directions to the law enforcement agencies to set a time limit of 15 days from the date of
reporting that if a missing child is not traced back within 15 days, a presumption may be made of some malafide and
an FIR registered with respect to all such issues of missing children. It has also been advised in the recommendations
to order the law enforcement agencies for regular rescue and recovery of children in need of care and protection.
Delhi Police Issues Orders for Registration of all missing cases as FIR
The Delhi High Court had taken a suo moto cognizance on 2nd March 2009 and stated that since in most of the cases
of missing children the parents cannot pursue the case, the court issued orders to Delhi Police to promptly, without
any delay register all complaints of missing children as FIRs. The Court among other things gave the following
directions:
1.
Delhi Police will ensure strict compliance with its revised Standing Order No. 252 dated 18th March, 2009.
The information with regard to missing children shall be immediately uploaded on Delhi Police’s web bases
Zipnet programme. The Home Ministry is directed to issue appropriate directions to neighbouring states of
Delhi to adopt web based Zipnet programme with regard to missing children.
2.
It shall be mandatory for Delhi Police to forward both by e-mail and by post a copy of each FIR registered
with regard to missing children to Delhi Legal Services Authority (hereinafter referred to as “DLSA”) along
with addresses and contact phone numbers of parents of the missing children.
NHRC- Recommendation of the Committee on Missing Persons- NHRC Annual Report 2007-08
74
3.
DLSA will in turn constitute a team comprising a lawyer and a social worker to follow up the case with the
Delhi Police. The said team will not only provide all possible legal aid to the parents and families of the
missing children but shall also act as an interface between the parents of the missing children and the Delhi
Police. DLSA will maintain a record of all cases of missing children.
4.
Both DLSA and the Delhi Police shall ensure that the Supreme Court interim directions/guidelines pertaining
to missing/kidnapped children passed in Writ Petition (Crl.) No. 610/1996 (Horilal vs. Commissioner of
Police, Delhi) and the case of Lalita Kumari vs. State of U.P. & Ors.(Writ Petition(Crl.) No. 68/2008) are
strictly complied with.
5.
Whenever a missing child is traced or he/she comes back on his/her own, the Investigating Officer will
examine all relevant angles such as involvement of organized gangs, application of provisions of Bonded
Labour Act and such other relevant Acts.
6.
Whenever, the involvement of any organized gang is found, it shall be the responsibility of the Investigating
Officer to refer the matter to the Crime Branch of Delhi Police or the Special Cell constituted in the CBI.
Report of Bachpan Bachao Andolan75
According to the data procured through RTI applications, 24,744 children reported missing from metro cities
of Hyderabad, Kolkata, Bangalore, Mumbai and Delhi in the year 2011. Delhi had the highest number of missing
children as well as children untraced, where 12% of total reported missing was untraced as of January 2013. Each
year, 6,785 children disappear from Delhi with 850 children remaining untraced. Out of the total untraced children
from these metro cities, Delhi and Kolkata alone constitute 89%. Data from 392 districts show that 1,17,480 children
were reported missing within a span of 2 years. However, the fact remains that the number of missing and untraced
children in India is startling. If the average number of 150 reported missing children per district (from available data)
is extrapolated to all 640 districts in the country, the total number of missing children in India every year would come
to the tune of 96,000. In the same way, if an average number of 54 untraced children per district is extrapolated to
all districts including GRPFs in the country, the total number of untraced children in the country in a year would be
34,500.
Some of the most significant findings of this study are:
•
No clear definition of missing children in line with the legal system, which, in turn, leads to confusion on how
the cases should be treated.
•
No provision on addressing the issue of missing children in the Indian legal system.
•
No comprehensive SOPs/Protocol for addressing the issue of missing children at the national level, involving
all states/UTs and other stakeholders.
•
No proper mechanism to document and update the database and information on the number of registered,
traced and untraced cases of missing children.
•
Lack of coordination between the agencies dealing with the missing children for example police, NCRB/
SCRB/DCRB and NGOs/CSOs.
•
Urban centres have high number of children reported missing.
•
Areas with better connectivity and facility of transport and communications have high number of missing
children.
•
States and districts with international borders also have large number of children registered missing.
•
Regions with migratory population, including slums, are registering more missing children.
•
Children and families from socially and economically poorer background formed the majority of victims.
Missing Children of India – Bachpan Bachao Andolan (2012) www.bba.org
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Initiatives by the State Police Agencies
The main objective of the ZIPNET project of Delhi Police is to share crime and criminal information in real-time. The
project has been approved by the Ministry of Home Affairs, Government of India. The information published on it,
relates to Public Interest. Prior to ZIPNET, the information used to circulate through offline modes like Papers, TPM,
and Wireless Communication. It provides Search Engines to match information from central repository in online
environment. Initially, it was brought forward with the collaborative efforts of Delhi, Haryana, Uttar Pradesh, and
Rajasthan police in the year 2004. Subsequently, in the year 2008, Punjab and Chandigarh Police also joined it. In
2008, Uttarakhand Police and Himachal Pradesh Police also joined the project. Among the various modules, missing
children and missing persons is an important segment. This project enables a wider distribution of information real
time across seven police agencies.
In West Bengal, the Missing Persons Bureau in the CID, West Bengal has been actively profiling each and every
reported case in the CID West Bengal website. It ensures that each case is given wide publicity through public media
i.e. Doordarshan, All India Radio, Daily News Paper and also through Criminal Intelligence Gazette, Missing Persons
Website of CID, West Bengal and other Government Office to trace out the missing persons. West Bengal police
also runs a National Portal in collaboration with the Department of Social Welfare (www.trackthemissingchild.gov.
in). This portal is dedicated to the cause of tracking missing children. The portal holds the database of missing /
recovered children. Many police agencies of Andhra Pradesh, Maharashtra, Assam etc are uploading real time data
on missing children on their police websites.
Advisory on Missing Children (Ministry of Home Affairs)
The Ministry of Home Affairs, Government of India has issued an advisory on missing children measures needed to
prevent trafficking and trace the children. The advisory was issued on 31st January 2012 after wide scale consultations
with State Police agencies through zonal and national level workshops with various stakeholders. The details in the
advisory inter alia include:
1.
Implementation of the guidelines of Honourable Supreme Court of India dated 14/11/2002 in Horilal vs
Commissioner of Police Delhi and court orders issued on 12/10/2011 in Sampurna Behrua case. These
instructions need to be complied and monitoring ensured.
2.
Implementation and Monitoring of NHRC guidelines on missing children.
3.
An officer of the rank of Deputy Inspector General of Police should be declared Nodal Officer in each state.
4.
Supervision of investigation of cases by senior police officials of the rank of Addl. Superintendent of Police
/Dy. Superintendent of Police
5.
Heinous offences related to organized crime should be transferred to the State CID.
6.
Convergence between District Missing Children Unit and Missing Persons squad needs to ensured.
7.
All cases of trafficking should be treated as organized crime and real time data and profile of the gang
members need to be maintained.
8.
Police officials need to be sensitized and trained on procedural laws, investigation techniques and data
collection and compilation.
9.
AHTUs should be involved in the Missing persons work at the district level.
10. SP should review all cases of missing children in the Monthly District Review.
11. In cases of international trafficking, investigators can network with Interpol for search of the missing child.
12. All missing cases should be uploaded at the district level and data disseminated and the same needs to be
updated.
13. At the police station level, SHO should ensure that the data on missing children is shared with DCRB and
SCRB.
14. Integration of Childline in the search and recovery of missing children needs to be ensured.
15. Police should be trained to take preventive steps.
16. Involvement of Community/Panchayats/Resident Welfare Association needs to be ensured for prevention
and protection measures.
17. Community awareness on missing children needs to be ensured at district level. School level sensitization
should also be ensured.
18. Appointment of Nodal NGOs at the state level needs to be ensured. Wherever possible NGO partnership
should be evolved for counseling and awareness raising activities.
19. The protocols and SOPs developed by MHA-UNODC project including protocols on interstate transfer of
rescued victims should be effectively utilized
The SC order on Mandatory Registration of FIR in Cases of Missing Children in W.P. (Civil) 75 of 2012 (Bachpan
Bachao Andolan Vs. Union of India) dated 17/01/2013. Supreme Court has ordered for mandatory registration of
First Information Report (FIR) in cases of missing children and appropriate steps should be taken to see that follow
up investigation is taken up immediately thereafter.
IndIa Country assessment report on Human traffICkIng
State Reports
ANDHRA PRADESH
61
Andhra Pradesh
The problem of trafficking of women and children has assumed alarming proportions in recent years in Andhra
Pradesh and it is one of the high prone source areas in India. Trafficking is prevalent at various levels- local, interdistrict, inter-state and cross-border. Commercial sexual exploitation of women and children takes place in various
forms including brothel based prostitution, sex tourism, entertainment industry and pornography in print and
electronic media. Data indicates that nearly 50% of the victims belong to Scheduled Caste and up to 30% belong to
the other Backward Classes76.
Most of the victims from Andhra Pradesh have been trafficked with promises of work, better career prospects and
marriage. Some are inducted forcibly through abduction. Poverty and deprivation, secondary status accorded to
women in society, prejudice against the girl child, weakening of the family structure, changing public attitudes
towards sex and morality, the caste structure, urbanization and migration are other factors which have contributed
to the commercial sexual exploitation of women and children. Apart from trafficking, certain traditional forms of
prostitution are prevalent, e.g. Jogins, Marthammas, Dommaras and Basavis.
Trafficking Routes
Trafficking of women and children has been reported from across all districts in Andhra Pradesh. However, areas of
coastal Andhra Pradesh like Chilkaluripet, Ongole, Guntur, Mangalagiri, Eluru, Gudiwada, Nalajerla, Tadepalligudem,
Rajamundry, Kavali, Nellore, Sullurupeta and Naidupeta etc., are known to be most affected. Victims are mostly taken
from Andhra Pradesh to Mumbai and Delhi. Many of these victims are supplied to the red light areas in Delhi, Poona,
Surat, Mumbai and Kolkata. Trafficking across international borders also takes place from Andhra Pradesh. Victims
are sent to different Middle East countries with false promises of jobs as domestic maids and marriages while they
land up in situations of slavery. Trafficking to Andhra Pradesh has been reported for friendship clubs, massage
parlours, prostitution rackets etc. Victims from the Northeast and West Bengal are being brought to Andhra Pradesh
by these organised crime syndicates.
According to the State Crime Records Bureau, in 2009 the total number of missing children cases reported was 3,084
where as in 2010 the number was 3,700. In 2008, out of 3,886 missing children, 1,948 were restored to parents and
1,938 were not even traced. Similarly for the year 2007, out of 3,808 missing children, 1,799 are yet to be traced. The
rate of increase in the missing children cases is 21%.
In 2009, the total number of missing women in Andhra Pradesh
was 2,463 and the number of traced was 1,464. Whereas in 2010,
the total number of missing women was 3,054 and the number
of women traced was 2,395. Within a span of one year, there
was 23% increase in the number of women missing in Andhra
Pradesh.
Andhra Pradesh Government
provides an immediate relief of Rs.
10,000 to rescued victims of human
trafficking. It also has a comprehensive
plan of action to combat trafficking.
It is notable that the Andhra Pradesh Government with proactive
policing has been able to recover a lot of missing women and children. Compared to the national data on missing
children and missing women, Andhra Pradesh has a high rate of recovery of missing cases. The data on missing
persons is updated on http://www.missingperson.ap.nic.in
Government Initiatives
The Government of Andhra Pradesh has framed a comprehensive policy and action plan for covering various aspects
such as prevention, rescue, repatriation, economic empowerment, health care, education, housing, legal reforms
and creation of corpus fund necessary for addressing the problem of trafficking. The policy recognised the need for
GO Notification on Rehabilitation Policy 2003 http://nlrd.org/wp-content/uploads/2012/01/ANDHRA-PRADESH-POLICY-TO-COMBATTRAFFICKING-.pdf, accessed on 27 November 2012
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63
planning and coordination both at the district and the state level for
Andhra Pradesh Government has
addressing the deep rooted and underlying causes of trafficking
been the first State Government in the
and also taking adequate measures for psychological support,
country to provide for victim support,
economic empowerment and re-integration so that the victims do
not get drawn into the trade again on account of non availability of
compensation and relief.
other options for livelihood. District-level Committees for taking
up activities for prevention, rescue and rehabilitation of victims
were also created, as was the creation of corpus funds for addressing the problem of trafficking77.
To ensure holistic care and support for all rescued victims, minimum standards of care have been notified by the
Government of Andhra Pradesh. These standards for shelters for victims of commercial sexual exploitation / survivors
of sex trafficking are those non-negotiable care components that should be integrated in any home managed either
by the government or the civil society to ensure facilities for rehabilitation are in place as a matter of right of the
victim. These standards are to ensure that the safety, dignity and the well being of each victim is ensured78.
The Government has reiterated the sanction of Rs.10,000 (USD 200) as immediate relief to rescued trafficked
victims. Free legal aid is provided to the victims through the District Legal Service Authority79. Under the Kishori
Shakti Yojana the Government sanctioned funds towards an effective preventive anti trafficking strategy80.
In order to ensure that trafficked victims are not subjected to influence or inconvenience, with the help of the National
Informatics Centre (NIC), the state department organized the first video trial of a trafficked victim from NIC centre,
Hyderabad with a Judicial Magistrate of Mumbai City Civil Court, Maharashtra. The trafficked victim was able to talk
fearlessly and identified the traffickers and has given her evidence against them in C.C no. 703/PW/2010 Metropolitan
Magistrate Court Mazagaon. Enthused with effectiveness of video conferencing, on the request from the department,
the DGP of AP has since issued instructions to all SPs promoting such trials through video conferencing of such
cases including trafficked victims.
The office of the Department of Women Development,
Child Welfare and Disabled Welfare has also conducted
job melas with the guidance of the District Collectors
and Employment Generation and Marketing Mission
where girls including the trafficked girls were given an
opportunity for placement with prospective employers.
Andhra Pradesh has also notified Minimum
Standards of Care and Protection for victims
of human trafficking in the various shelter
homes and rehabilitation programme.
In order to avoid re-trafficking, the government has made a proposal before the Central Advisory Committee to
amend Sec. 18 of Immoral Trafficking (Prevention) Act, 1956 to the effect that the premises used for trafficking of
minor children should be confiscated and auctioned and part proceeds be utilized for rehabilitation of the victims
concerned and part be credited to a fund for trafficked victims81.
Under the SWADHAR Scheme, 26 shelter homes have been sanctioned. Government order specifying adoption of
minimum standards of care by institutions and service providers providing protective and rehabilitative facilities to
victims of commercial sexual exploitation/sex trafficking has been notified82.
Andhra Pradesh is the first state to issue a Government Order providing victim compensation, to the tune of Rs.
1,00,000 (USD2000) to a minor victim of gang rape and Rs. 10,000(USD 200) as immediate relief to a rescued victim
of commercial sexual exploitation83.
GO Ms. No. 1 dt 3.1.2003 of Department of Women Development, Child Welfare and Disabled Welfare.
GO MS. No. 16 dt. 24.4.2010
79
GO MS No. 28 WCD and SC dt. 13.6.2011
80
Memo no. 3481/JJ/A1/09, of Department of Women Development, Child Welfare and Disabled Welfare dated 22.3.2010
81
Response of the Govt. of Andhra Pradesh in the matter of Budhadev Karmaskar Vs. State of West Bengal.
82
vide G.O. Ms. No. 16 of Women Development Child Welfare & Disabled Welfare (WP) Dept dated 24.04.2010
83
Govt. of A.P issued G.O. Ms. No. 28 Dept of Women & Child Welfare dd. 13.6.2011 in which for payment of compensation to victims of rape
(Rs.50,000/-), gang rape of minors (Rs. 1 lakh), acid attacks (Rs. 1 lakh), selling and buying of minors of prostitution (Rs. 20,000/), interim
relief for women and children rescued from trafficking (Rs.10,000/-), dowry death (Rs.50,000/- to the next of kin) and causing grievous
injuries (Rs.50,000/-).
77
78
The Government of Andhra Pradesh has formulated the Andhra Pradesh State Plan of Action for Children 2009-10
(ensuring child well being) wherein it has reiterated its commitment towards preventing and combating child trafficking84.
Efforts are on to designate Special Courts for the trial of cases related to trafficking, especially in Hyderabad and Cyberabad
Commissionerates, and in principle, a special court has been designated to try cases of human trafficking in Hyderabad.
Anti Human Trafficking Unit (AHTU)
Andhra Pradesh was the first state to set up 3 AHTUs in 2007 under the UNODC supported project at Eluru (now
at Rajahmundry), Anantapur (Kadiri) and Women Protection Cell, CID, Hyderabad (for Hyderabad and Cyberabad
region). As of August 2012, Andhra Pradesh has a total number of 12 AHTUs85.
Andhra Pradesh Government is one of the first state governments to designate Nodal NGOs for AHTUs. The Nodal
NGOs -Prajwala, Ankuram, HELP, STHREE, Chittoor, REDS are the regular partners in rescue and rehabilitation
and victim/witness support. These non- state players help the police during pre- rescue, rescue and post- rescue
operations across the country with the help of other local NGOs in places where rescue operations were conducted,
and also in pre- trial and during trial cases. Andhra Pradesh Police went beyond the state to break traffickers’
network and conducted rescue operations at Bhivandi, Pune, Chandrapur, Yavatma, Varni (Maharastra), Valsad
(Gujarat),Bengaluru (Karnataka), Chennai, Vellore (Tamil Nadu), Katni (Madhya Pradesh) and Delhi86.
The Andhra Pradesh Government has conducted training programmes for the police and prosecutors upto the
district level. Judicial Officers have also been sensitized.
ANDHRA PRADESH – PROTECTION MECHANISMS AT A GLANCE87
No of Anti Human trafficking Units (Districts)
12
No of Child Protection Units
23
No of Child Protection Homes
102
No of Special Juvenile Police Units
29
No of Child Welfare Committee
23
No of Homes under Ujjawala P & R Schemes
11
No of Shelter Homes under Swadhar Scheme
26
MISSING PERSONS CASES - ANDHRA PRADESH
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
-
-
-
-
-
-
2010
3700
3066
634
3054
2395
659
2009
3084
2576
508
2463
1945
518
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
RTI reply received from the Public Information Officer, Govt. of Andhra Pradesh
Under the sanction of funds from MHA for 2010-11, five more AHTUs were set up at Guntur, Anantapur, Karimnagar, Eluru, and WPC, CID,
vide G.O.Ms. No. 165 Home (PS & A2) Department dtd. 25.6.2011. Each AHTU is functioning with the strength of one Inspector, two Subinspectors, 2 Head Constables and 2 Constables, under the supervision of the Deputy Superintendent of Police. The units are provided with
four wheelers, 2 wheelers, mobile phones, land phones, furnished office space with bathroom facility, computer and accessories and other
amenities. Under the MHA sanction for 2011-12, five more AHTUs are proposed to be set up at Warangal, Tirupathi, Nellore, Vijayawada and
CID (at Visakhapatnam). The designated NGOs in respective districts are associated with the AHTU as active partners.
86
In Cr. No. 40/2011 of CID Police Station, Hyderabad, in a massive rescue operation conducted by CID, Andhra Pradesh in Delhi, 72 victims
belonging to various states of the country including 15 major and 2 minors of Andhra Pradesh, were rescued from brothel houses of Delhi,
and 13 traffickers were arrested.
87
Ministry of Women and Child, Government of India – September 2012
84
85
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State Reports
ASSAM
65
Assam
Assam is a North Eastern state of India and has its capital in Dispur, located on the inside of its largest metropolis,
Guwahati. Geographically, Assam is located south of the eastern Himalayas with an area of 30,285 square miles (78,440
km2). Assam is surrounded by six of the other Seven Sister States: Arunachal Pradesh, Nagaland, Manipur, Mizoram,
Tripura and Meghalaya. These states are connected to the rest of India via a narrow strip in West Bengal called the
Siliguri Corridor. Assam shares 263 kms with Bangladesh and 265 kms with Bhutan88. Recurring floods in the state
have lead to the displacement of a large population and traffickers have targeted victims from such groups. There is
trafficking of girls from Assam to Haryana and Punjab for marriage89. The growing need for better livelihood options and
employment has turned Assam into a source area for human traffickers and in the past few years, thousands of young
men and women of the state have fallen prey to the designs of traffickers and have been exploited as cheap labour.
Women and children from Assam are trafficked to various parts of the country such as Delhi, Mumbai, Haryana, Gujarat,
etc. for sexual exploitation, labour and forced marriages. The reasons of trafficking in Assam have mainly been poverty,
unemployment, migration from rural to urban areas, insurgency, communal clashes, natural disaster etc. There is a
trend to send children to other states for education which sometime ends up in exploitation of the children.
In Silchar, Assam, there is a Red Light Area. The vulnerable areas in Assam are Nowgaon, Morigaon, Baksa, Nagrijuli,
Dimakuchi and border areas of Hailakandi and Karimganj districts, particularly at the Mizoram and Bangladesh border90.
Women and children from Assam and Bangladesh are trafficked to More in Manipur and from there, they are moved
out to Myanmar and other countries in South East Asia through the Golden Triangle. Similarly, women and children
from Assam, especially Jorhat are trafficked to the Panga International Treaty Tower and moved to the Golden Triangle.
Dimapur is a transit centre for people trafficked from Assam, especially upper Assam, Lumding and Guwahati91.
The North Eastern Region has long international boundaries connecting with other South East Asian countries such
as Bhutan in the North, Bangladesh in the South West, and Myanmar in the North East corner. Almost all the eight
states of North Eastern Region have direct open borders. Manipur, Nagaland, Arunachal Pradesh and Mizoram have
long and open boundaries with Myanmar. Often this geographical situation is taken advantage of by the traffickers,
smugglers, arms dealers and other anti social elements92. There is an organized racket of trafficking active in Assam
as well as in metro cities. The traffickers lure children mostly from the poverty stricken areas of Assam and hand
them over to the illegally run placement agencies in Delhi. Some children are being shifted to other states like
Haryana, Punjab, Rajasthan and Uttar Pradesh via Delhi. Due to the closure of tea estates in the recent past in Assam,
the traffickers take advantage and easily lure the adivasi people on the pretext of jobs to metro cities. Organizations
working in Haryana and Delhi have reported ongoing trafficking rackets operating for forced marriages. The common
route of traffickers from Assam is the rail route within the country.
Government Initiative
The Government of Assam including the Police Department has taken several initiatives to combat human trafficking
in the state. In order to improve coordination for the rescue of victims of commercial sexual exploitation and for the
protection, counselling and rehabilitation, the State Government has constituted a State level Advisory Committee93.
There are 26 Special Juvenile Police Units and 27 Child Protection Units in Assam. Under the Integrated Child
Protection Scheme (ICPS) there are 7 Shelter Homes in Assam. Assam Police in coordination with NIPCCD has
organized workshops on Women and Child Rights/Trafficking in the year 2010-11. Regional workshops on AntiTrafficking are also being organized by the Assam Police. The Police department has initiated the Special Juvenile
Police Unit (SJPU) in every district and designation of Police Officers as Child Welfare Officers in every Police station
has been completed94.
http://www.borderdarshan.com/border_glance.html
Trafficking in Women and Children –NHRC Research, 2004
90
Response of Assam Government submitted to Supreme Court of India on rehabilitation of women in prostitution
91
Trafficking in Women and Children, NHRC Research, 2004
92
Anti Trafficking Initiative by Assam Police –Anti Human Trafficking Unit Compendium prepared by Crime Branch Assam Police
93
Reply of Assam government to the Supreme Court (Writ Petition no. © 190/2002) in the matter of Shakti Vahini Vs Union of India and others
94
RTI reply received from SSP, CID, Assam
88
89
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The government has taken initiative to form networks with other NGOs, policy makers and police to facilitate rescue,
rehabilitation and repatriation of the trafficked victims. The Assam Government has initiated several measures to
implement the guidelines issued by the National Human Rights Commission on missing children. Assam police has
also taken the initiative in maintaining the missing persons’ data properly. The Advisories on Human Trafficking,
Missing Children and Violence against Women and Children issued by the Ministry of Home Affairs, Government
of India have been shared with the district officials for prioritization of the issue and to have more clarity on legal
processes. The government has initiated awareness programmes as well.
The Department of Social Welfare has initiated awareness
programmes in villages in partnership with local panchayats
across Assam since 2010. Vigilance committees have been
constituted in trafficking prone villages with Gram Pradhan, Gram
Panchayat president, Anganwari workers, Asha workers, school
teachers to keep track of the numbers of girls migrated/missing
from the village.
The police (Women Cell) has been
collaborating with the Panchayats and
maintains the record of the persons
who migrate from the village.
The missing children and women data continues to remain high in the region especially from Assam. In March 2011,
the Special Branch, Assam Police shared a document of 500 missing women and girls with Crime Branch, Delhi
Police and the Anti Human Trafficking Unit, Delhi95 to conduct search operations. According to the missing cases
compiled by the CID Assam, in 2001 the total number of missing children was 1,065 whereas in 2009 the number
was 745. As far as the missing of women from the state is concerned, the data states that 459 women were missing
in 2001 and 794 were missing in 200996. As per the State Crime Records data, total number of missing children in
2009 was 899 whereas in 2011 the missing number went up to 1,565. In 2011 the number of girls trafficked was
more than double as compared to the boys.
As far as the missing data of women is concerned, in 2009 the total number was 600 and in 2011 it was 1,243.
Anti-Human Trafficking Units (AHTU)
The Assam Police issued a notification in 2010 notifying all the Superintendent of Police as Special Police Officers
to undertake measures to prevent trafficking of women and children in Assam. As per the direction of the Ministry of
Home Affairs, the Assam Police has created 14 AHTUs with IG CID as the Nodal Officer. The AHTUs of Assam include
Kamrup (Metro) at CID HQ, Kokrajhar, Kamrup (Rural), Karimganj, Sonitpur, Morigaon, Dibrugarh, Dima Hasao,
Lakhimpur, Jorhat, Dhubri, GRP, Goalpara and Cachar.
The AHTU of Assam police have recovered many victims of Assam. It is evident that while rescues and registration
of cases have increased, convictions remain low in the country. But the government continued to make progress in
its law enforcement efforts to combat human trafficking in 201197.
Appointment of Anti Trafficking Police Officers has already been made
in all the districts of Assam. Instructions have already been issued to
all immigration officers through the Superintendent of Police of the
bordering districts of Assam to keep vigil especially on the entry of young
girls into the international bordering districts of the states. A “Special
Cell” has been established to function under the overall direction of
the DIG of Police, CID to coordinate action of Crime against women in
general and under ITPA in particular.
The State Home Department
has also instructed the IGP
Assam to issue Identity Cards to
select NGOs who are involved in
rehabilitation of child victims98.
Report from NGO Shakti Vahini, accessible at http://shaktivahini.org/wp-content/uploads/2012/03/situational_report_shakti_vahini.pdf
RTI reply by the Spl. Superintendent of Police, CID, Assam.
97
Other anti-trafficking measures included networking with nodal officers of other states and the Ministry of Home Affairs. Besides,
awareness generation among the masses through a proactive role played by the media and focus on missing children will be part of the
campaign. The measures include a victim-friendly approach and focus on prevention and interception before the victims are trafficked out at
transit points such as railway stations and bus terminals.
98
Reply of Assam govt. to the Supreme Court (Writ Petition no. ©190/2002) in the matter of Shakti Vahini Vs. Union of India and others
95
96
Since there is a direct relationship between missing persons and trafficking, the NHRC and Supreme Court issued
directions in this regard on the basis of which detailed guidelines were issued in respect of the missing persons to
be followed by the field agencies. As per direction of the Hon’ble Supreme Court of India in the matter of Bachpan
Bachao Andolan Vs. Union of India & Others (W.P.(C) 51 of 2006) for implementation of Juvenile Justice (Care and
Protection of Children)Act. 2000, 30 Juvenile Police Units, 27 Child Welfare Committees and 27 Juvenile Justice
Boards have been notified in all districts of Assam. In compliance of the Hon’ble Supreme Court of India’s direction
on safety of children, the Assam Police CID has been ear-marked as a specialized investigative agency for the
purpose of ensuring that trafficking/prostitution of women and children is reduced99. All the SSPs have been directed
to take necessary action for identification of areas where trafficking/commercial sexual exploitation of women and
children are prevalent and to initiate action. The SSPs have been directed to take necessary action for proactively
involving NGOs and Voluntary Organizations in handling the matter of human trafficking100.
In order to implement the NHRC Guidelines on Missing Children, the Assam Police has initiated the following
measures:
1.
Information of the missing children is being sent to the Criminal Intelligence Cell (CIC), CBI as per Performa.
In this connection, all SSPs of Assam are instructed to send the required information of kidnapped/ missing
persons.
2.
Particulars and photographs of the kidnapped/missing persons are being up-loaded in Assam Police Website
i.e. assampolice.com and also sent to CPRO, Assam Police Headquarter for wide circulation.
3.
Information of the kidnapped/missing persons is being included in Criminal Intelligence Gazette (CIG), CID.
In this connection, all SSPs of Assam were instructed to send the required information of kidnapped/ missing
persons.
4.
Information of the missing children is being sent to NCRB, New Delhi.
Capacity Building measures at the various State Agencies level:
1.
The AHTU of Assam conducts two day Training of Trainers on combating human trafficking.
2.
AHTUs have been directed to sensitize the grass root agencies at District, Block and Panchayat level.
3.
Optimum use of various schemes under MWCD like Swadhar, UJJWALA ICPS, ICDS, STEP (Support to
Training and Employment of Women) and Sabla etc
4.
Creating synergy among various government / non-government stakeholders agencies like social welfare,
legal empowerment, health, NGOs, women’s group, Information and Public Relations Department by holding
periodical meetings and establishing the role of each agency in the AHTU by a nodal officer at the CID HQ.
5.
Increase the functional utility of CWC by putting up the various cases before them for juvenile care and
rescued victims.
6.
AHTUs were directed to establish an Anti-Trafficking Committee at the village level to monitor the movement
of children by involving Panchayati Raj institutions, VDPs(Village Defence Party) and Anganwadi workers
etc. Maintenance of migration register.
7.
Establishment of fast-track courts for the cases pertaining to various social legislations.
Ref. LC/W.P.(C) No. 51/2006/SC/38/150 Dated 14-5-2010
Considering the sensitivity of Human right violation by way of crime against women, Letter No. F.No.15011/48/2006-SC/ST-W, dated
14-7-2010 as follows:1. Training programmes either initiated by other agencies or conducted by the Police Headquarter are being attended by police officers/
personnel from time to time. Stress is laid on developing victim centric approach during investigation of such cases.
2. Enforcement of all existing legislations relating to crime against children is being ensured during registration of such crimes. District
SSPs have been instructed accordingly.
3. The Women Cell and SJPU in the districts are issued instructions and relevant guidelines from time to time to ensure speedy disposal
of cases without compromising quality of investigation.
4. Identification of trafficking/commercial sexual exploitation prone areas/routes/ belts in coordination with local NGOs by district police is
being monitored by the Police Headquarters.
99
100
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The Advisories sent by the Ministry of Home Affairs on human trafficking, crimes against children and missing
persons have been circulated across all police stations. The CID has also initiated an Action Taken Report on the same.
The Assam Police AHTU has initiated partnership with various Civil Society Organizations across the country to help
in rescue of trafficked victims from Assam. This has also helped in collection of information about cases from Assam
from across the country. The AHTU, Assam has organized eight State Level/Regional level workshops/seminars on
Anti Human Trafficking in coordination with the Anti Trafficking NGOs in Assam. A total of 90 human trafficking cases
have been registered since the establishment of the AHTU in Assam i.e. July 2011 to April 2012. Two hundred & sixty
one victims have been rescued and 119 persons have been arrested in connection with those cases.
ASSAM – PROTECTION MECHANISMS AT A GLANCE101
No of Anti Human trafficking Units (Districts)
10
No of District Child Protection Units
27
No of Child Protection Homes
7
No of Special Juvenile Police Units
26
No of Child Welfare Committee
27
No of Homes under Ujjawala P & R Schemes
12
No of Shelter Homes under Swadhar Scheme
16
MISSING PERSONS CASES – ASSAM
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
1565
965
600
1243
668
575
2010
995
582
413
725
421
304
2009
899
577
322
600
409
191
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
NEDAN Foundation (Kokrajhar) has initiated Weaving Destination (WD), a weaving production unit,
has been started as social enterprise in the Bodoland Territorial Council in the State of Assam, which
is a post-conflict area as well as prone to flooding. WD has been set up by involving vulnerable indigenous
women including women living with HIV, survivors of human trafficking and female migrant returnees who
are highly vulnerable to re-trafficking, social exclusion and impoverishment. WD capitalizes and enhances
the inherent inborn skill of Bodo women in weaving, and is committed to convert traditional weaving skills
into income-earning opportunity for women and girls. Weaving Destination is one of the initiatives of NEDAN
FOUNDATION in collaboration with UNDP’s Women and Wealth Project designed for the socio economic
empowerment of women living with and affected by HIV and trafficking in South Asia.
101
Ministry of Women and Child, Government of India – September 2012
IndIa Country assessment report on Human traffICkIng
State Reports
BIHAR
71
Bihar
Bihar, due to its geographical proximity to the international borders of Nepal and Bangladesh and migration due to
poverty and employment opportunities makes it vulnerable trafficking. The district of North Bihar has open borders
between India and Nepal and is a high trafficking zone in the region. Intra state/inter district trafficking is high in
Bihar. Children are trafficked for several reasons including sexual exploitation, adoption, entertainment and sports (for
example, acrobatics in circus, dance troupes, beer bars, camel jockeys), marriage, labour, begging, organ trade, drug
peddling and smuggling. As per a recent report, approximately 35,000 to 40,000 children from the state are missing102.
Migration from Bihar to other parts of country has been a regular feature. Poverty, loss of livelihood, landlessness,
environmental disaster and insufficient assets, among other socio-economic factors, tend to push people to migrate
in search of economic opportunity, or simply survival. Most preferred migration destinations from Bihar are to Uttar
Pradesh, Delhi, West Bengal, Maharashtra, Haryana and Punjab. It is in this migration process that the traffickers and
agents take advantage of and lure families to send their children to work in big cities. Once these children reach the
destination areas, they are made to work in unbearable conditions for long hours and end up in slavery and bondage
like conditions. Rescue data from Uttar Pradesh, Haryana, Maharashtra, Rajasthan and Delhi show that most of the
children from Bihar end up as child labour in these states. During the Kosi floods in 2008 several organisations
reported an increase in child trafficking from the entire North Bihar region.
The state of Bihar is also a source area for trafficking of children for forced labour. Thousands of children are
trafficked every year to work in towns or cities in various unorganised sectors of work. East Champaran, West
Champaran, Begusarai, Darbhanga, Katihar, Khagaria, Madhubani, Madhepura, Siwan, Sitamarhi, Supaul, Araria,
Kishanganj, Purnia and Koshi districts are high source areas. Mostly the children who are trafficked for child labour
are sent to Delhi, Haryana, Uttar Pradesh, Rajasthan, Gujarat and Maharashtra. For sex trafficking cases the victims
are sent to Delhi, Kolkata and Uttar Pradesh.
According to the Census of 2001, Bihar accounts for 8.9% of the child labour in India in the age group of 5 - 14
years. It ranks 3rd in the number of children in the age group of 5-14 years engaged as “main workers”. There
are 0.54 million children in the 5-14 yrs age group falling in the category of main workers and about 0.58 million
children in the category of marginal workers (main workers are those who work for 6 months or more in a year, and
marginal workers are those who work for less than 6 months in a year). According to a household survey conducted
by Bihar Education Project Council (BEP) in the year 2005, there were 2.3 million out of school children in Bihar,
out of which 0.56 million children were found out of school because they had to work. The survey has reported that
children engaged in work are one of the major reasons for children not attending school. The child labour incidence
is worst in the districts of East Champaran, West Champaran, Begusarai, Darbhanga, Katihar, Khagaria, Madhubani,
Madhepura and Siwan103.
Although hard figures are extremely difficult to collect
and analyze, it is generally acknowledged that thousands
of children in Bihar are routinely engaged in homes
as domestic servants, in dhabas, hotels, eateries and
factories etc. These states have been requested to keep the
State Government informed about the travel plan of such
children back home.
The Government has opened an office of
Joint Labour Commissioner in Delhi which
has the responsibility to coordinate with
Delhi and other adjoining states in the matter
of sending these children to Bihar.
Offences related to sex trafficking is also on the rise. Recently in 2012, 525 minor girls, who were allegedly forced
to dance naked at a theatre in a rural fair near the Indo-Nepal border in Bihar's Araria district, were rescued and 44
people were arrested under human trafficking charges. The rescued minor girls belonged to neighbouring areas and
from Nepal. Investigations proved that all the girls were minors and the arrested people were from Haryana, Uttar
Pradesh, Nepal and other parts of Bihar104.
http://articles.timesofindia.indiatimes.com/2012-04-10/patna/31317887_1_human-trafficking-amod-kanth-bihar-police, accessed on 19
August 2012
103
State Plan of Action to combat Child Labour,Govt of Bihar Gazzette, available in Bihar Gazette
104
http://www.ndtv.com/article/cities/police-rescue-25-minor-girls-from-bihar-fair-176008, accessed on 14 August 2012
102
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In the Katihar and Kishanganj area, recruitment agencies claiming to provide jobs in Middle East countries have been
active. In August 2011, a dozen poor villagers of Buxar district who went to Saudi Arabia for work found themselves
in slavery like conditions and were unable to return. Their relatives urged the State Government's labour department
to free them from this slavery. Such reports of migrants facing hardships are common.
Government Initiatives
District level anti trafficking
The State Government launched a Human Trafficking Prevention
cells have been constituted in 26
Programme in 2007-10 to check trafficking of women and child
districts under the supervision of
labourers and ensure a comprehensive rehabilitation package. The
the district magistrates.
State Government has adopted several programmes with a special
focus on trafficking prone districts like Purnea, Katihar, Kishanganj,
Araria, Madhubani, Sitamarhi, East Champaran and West Champaran.
A State Level Anti-Human Trafficking Cell is being headed by the Chief Secretary. Special programmes are being
conducted for policemen to train them to quickly respond to cases of human trafficking.
The Bihar Government has undertaken a series of measures, including constituting raiding teams to eradicate child
labour from the state. The flying squad would carry out raids to free working children and file cases against their
employer. The State Government has also proposed to strengthen the Integrated Child Development Scheme (ICDS)
and ration cards will be issued to the needy families, particularly poor families with children105. The State Government
has in 2011 notified the State Juvenile Justice Rules. The state has initiated the formation of District Child Protection
Units. The state has 14 Protective homes for children and 40 Special Juvenile Police Units have been formed in Bihar.
Astitva Policy
The Bihar Government has drafted
The Bihar Government has drafted and notified a State Action
106
and
notified a State Action Plan called
Plan called the Astitva Policy for combating human trafficking.
The goal of the project is to combat trafficking in persons with
the Astitva Policy.
a multi stakeholder partnership. The salient feature of the plan
is to increase interventions to combat human trafficking across
source, transit and destination areas linked to Bihar. This also ensures active participation and collaboration with
destination areas related to trafficking from Bihar. The Astitva Policy focuses on care and protection of victims at
all stages of rehabilitation and also ensures strong prosecution of cases. The policy has created a mandate for
partnership and sensitization of government functionaries and law enforcement officials and ensures coordination
with the AHTUs, labour and social welfare officials. A State Level Anti Human Trafficking Coordination Committee
has been formed by reconstituting the State Advisory Committee. The committee has to have regular meetings
under the chairmanship of the Chief Secretary to ensure coordination among all stakeholders. Similar to the State
Coordination Committees, district level committees and community based vigilance groups have been created in
vulnerable areas. The community based coordination committee are working in close coordination with the AHTUs.
At the state level, another committee has been formed
which is called the Prosecution Committee headed by the
Village level anti trafficking bodies
Department of Prosecution. The role of the Prosecution
have been constituted in high supply areas
Committee is to ensure the partnership and sensitization
especially the district areas bordering Nepal
of the public prosecutors so that trafficking cases are
and districts near the Bangladesh border.
rightly represented before the court and victim protection
procedures are in place. The Astitva Policy has a set of
guidelines for victim rehabilitation and the role of each
department has been fixed. Since 2010, the Bihar Government has held two state level meetings to review the
implementation of the Astitva Policy.
http://ibnlive.in.com/news/bihar-measures-to-eradicate-child-labour/255320-3.html, accessed on 16 August 2012
Bihar State Action Plan to combat trafficking http://nlrd.org/resources-childs-rights/child-trafficking/schemes-policy-document-childtrafficking/bihar-government-astitva-policy-to-combat-trafficking
105
106
Bihar Government has instituted shelter homes under the Swadhar Scheme and the Ujjawala Scheme. The same
needs to be strengthened and Standard Operating Procedures need to be put in place. Presently the homes for
rehabilitation have no minimum standards of victim care and protection. This is very important in order to ensure the
quality of the rehabilitative processes.
The State Government has also notified the Victim Compensation Scheme and the Integrated Child Protection Scheme.
Plan of Action to Combat Child Labour
The State Government has notified a plan of action to combat Child Labour in 2010. The plan of action provides for
a holistic programmatic approach for combating the problem of child labour which has affected the state of Bihar.
State, District and Panchayat level task forces have been envisaged in the State Plan. The labour department has
been made the Nodal Agency for the implementation of the scheme. A multi stakeholder approach in partnership
with UNICEF has been initiated. Inter alia, the plan of action has also proposed a register of working children and
all labourers including children migrating from the Gram Panchayat in search of work shall be maintained in the
Panchayat office and would be regularly updated. The register would have the pages earmarked for the children
released from work and restored to their families and/or enrolled in the schools. The Gram Panchayat will track the
educational and economic rehabilitation of all such released children and take measures to ensure that the released
children do not relapse to the same condition again.
Anti Human Trafficking Unit
Human trafficking is rampant in the poverty-stricken districts bordering Nepal which have emerged as the hub of
human trafficking. According to official figures, the police have rescued 350 children and 127 women from human
traffickers in the last three years. A total of 381 human traffickers have been arrested. Most of the rescued victims of
human trafficking were minors. While 2007 witnessed 21 such cases, as many as 55 cases were recorded in 2008,
39 in 2009 and 59 in 2010. The State Police have instituted 14 AHTUs in Bihar. The State Level Training of Trainers
Workshops have all been completed. Prosecutors have also been sensitized and the Bihar Police have initiated the
District Level Police Training Programmes. The advisory related to missing children and human trafficking has been
distributed across all district police chiefs.
BIHAR – PROTECTION MECHANISMS AT A GLANCE107
No of Anti Human trafficking Units (Districts)
14
No of District Child Protection Units
-
No of Child Protection Homes
14
No of Special Juvenile Police Units
40
No of Child Welfare Committee
28
No of Homes under Ujjawala P & R Schemes
1
No of Shelter Homes under Swadhar Scheme
3
MISSING PERSONS CASES – BIHAR
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
-
-
-
-
-
-
2010
-
-
-
-
-
-
2009
740
442
298
202
162
40
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
107
Ministry of Women and Child, Government of India – September 2012
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State Reports
CHHATTISGARH
75
Chattisgarh
Trafficking in this state has been quite prevalent especially in the tribal areas. The migration of young girls and
women started from this region for labour purposes and slowly the migration became controlled by middle men and
agents. These middlemen also operate as placement agencies. Families never complained of their daughters going
missing as they thought that the police would prosecute them for sending their children through agents. In such
circumstances it is very easy to entice tribal families to send their daughters with agents just by offering a very small
amount of money. It is only after several months that the families realise that their daughters may have been sold.
Chhattisgarh's northern region that includes Surguja, Korba, Jashpur, Korea and Raigarh districts is infamous for
human trafficking cases. Instances of men taking away impoverished girls to big cities on the pretext of providing
them jobs and forcing them into prostitution has been on a rise in the past decade. Its rural, remote villages have
little contact with the outside world. Human traffickers drive to the remote villages in Chattisgarh to spread their net.
They quietly persuade residents, often teenage girls, to come with them. They promise good jobs in the big city,
nice clothes and good salaries. The gentle nature of the tribals and no access to the justice system makes them very
vulnerable. Since the people are not aware of how the legal systems work, they think that if they have complained
to the police verbally it is enough.
According to a former Chief Minister of Chhattisgarh, 20,000 girls belonging to Chhattisgarh's tribal region have
been sold by human traffickers in the last eight years in cities like Delhi, Mumbai, Bangalore and Chennai. These girls
mainly belonged to Jashpur, Surguja and Raigarh districts and were taken away by human traffickers in the name of
jobs and trainings108.
The crisis of livelihood is assuming critical dimensions in rural and urban areas, and in and around cities, pushing
many women into prostitution, although the extent of this phenomenon is at the moment difficult to quantify. From
Raipur there have been some recent reports on trafficking of young girls for the Mumbai sex market that point to the
operation of organized trafficking rackets109.
The problems of migration and atrocities faced during migration are increasing at a tremendous rate. There have
been several instances where women are gang raped. This has been the tale of hundreds of tribal girls from Sitapur
in northern Chhattisgarh for years. For more than a decade, "agents" and "suppliers" here have been taking advantage
of the region's backwardness, offering a mere Rs 500-Rs 2,000 (USD 10-USD 40)as advance to the poor tribal girls'
parents in return for employment as maid servants in the country's metros and other major cities. The agents tell
poor parents that their girls will contribute towards the family income by making careers in places like Delhi and
Mumbai. The traffickers then supply girls purely for sexual exploitation and it's been happening for more than a
decade. Parents who believe their girls are earning money and making a career in metros are often in for a rude shock
when the girls return to narrate the tales of sexual exploitation.
In 2011, 20 women were rescued and brought back to Jashpur. Nearly 50 cases were registered but the biggest
challenge remains to be the reluctance of the victims themselves to register a case110.
Several local agents who were engaged in this racket were arrested in raids but the supply is still unabated. The
supply racket has become a thriving business for the many agents in contact with the Manjhi, Manjwar and Urao
tribes of some 30 odd village panchayats, including 18 situated on the top of the Mainpat hills111.
http://www.bharatwaves.in/news/20,000-Chhattisgarh-girls-sold:-Jogi-26118.html, accessed on 17 August 2012
Situational Analysis of Women , National Commission of Women 2007
110
http://www.sruti.org.in/index.php?q=news-media/human-trafficking-continues-rise-jashpur-chhattisgarh, accessed on 17 August 2012
111
http://www.dnaindia.com/india/report_trafficking-of-tribal-girls-unabated-in-chhattisgarh_1105861, accessed on 17 August 2012
108
109
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77
If we examine the missing children data almost all the districts of Chhattisgarh are trafficking prone. Districts of
Surguja, Korba, Jashpur, Korea and Raigarh are vulnerable to trafficking. Jashpur, adjoining Jharkhand has reported
maximum number of trafficking cases. Placement agencies are very active in these regions and they are mostly
catering to the labour demand in Northern India. These placement agencies indulge in trafficking as there are high
profits involved. They never take the responsibility of welfare of the placed persons. Many children are also brought
from these regions to work in Delhi.
Most of the victims from Jashpur and Sarguja are sent via Jharkhand to Delhi and Northern parts of the country. The
trafficking route from Central Chhattisgarh is through Nagpur to Mumbai and Delhi. Cases from Chattisgarh have
been reported in Haryana, Punjab and Western Uttar Pradesh where victims are brought mostly for forced labour,
bonded labour and slavery like situations. Many families from these regions work in brick kilns, construction work
sites and farm labour. The rate of migration is very high in these regions due to poverty and conflict like situations.
Government Initiatives
The Chhattisgarh Government has been slow in the implementation of the Integrated Child Protection Scheme.
Initiation of the State Child Protection Agency took two years. It has started working since 2012 and has initiated
work to open the District Child Protection Units. The District Child Protection Units are not in existence and the Child
Welfare Committee is not working to their proper strength. The Child Welfare Committees have no infrastructure
and documentation procedures. Funds have been underutilised in Chattisgarh. Though the Central Government
has shown its proactiveness, the State Government has been slow to implement the same. Without a proper Child
Welfare Committee and no institutional protection measures for women and children, the situation of women and
children continue to remain vulnerable. This is more serious as Chhattisgarh is a high trafficking source area.
The State in 2012 has taken some very proactive steps for implementation of the ICPS scheme such as training of
all CWCs, JJBs, probationary officers, on child protection, setting up of the State Commission for Protection of Child
Rights and notification and training of SJPUs across the state.
The state police, on the orders issued by the Supreme Court
have initiated the Juvenile Police Units in each district. Juvenile
Police officers have been appointed in each police station.
Though these initiatives have been taken, training of police
personnel continue to remain an area of concern. The State
Advisory Committee has been formed in 2012. A state level
three day workshop was held where prosecutors and police
personal were trained on both the legal provisions and actual
preventive and rehabilitative action.
At the community level, UNICEF is
partnering with CBOs to help fight the
menace of girls trafficked from Jashpur.
UNICEF has drafted a communication
strategy to implement it in the
community with the partner agencies.
At the community level, UNICEF is partnering with CBOs to help fight the menace of girls trafficked from Jashpur.
UNICEF is in the process of doing a door to door survey in three blocks, survey by the NGO partners as well
as preventive/rehabilitative efforts and has been able to generate data of trafficked victims which were reported
from the police department. UNICEF has also advocated with the district administration at Jashpur, through several
consultations to undertake registration of all placement agencies and a toll free BSNL number/WOMEN'S HELPLINE
1091 allotted by DWCD has been activated. Posters and pamphlets have been distributed in the high supply villages
through Panchayats. Mechanisms have been created where all boys/girls going out of the district can leave their
contacts through the administration at district level. A letter has been written to the Secretary DWCD for quick
installation of the CHILDLINE 1098 for follow up on rescue, restoration of girls on an ongoing basis The government
has allocated extra funds to DWCD for prevention of trafficking related action areas, community policing and
organising special Gram Sabhas to address trafficking at the community level.
UNICEF has supported DWCD in the rescue and reintegration of victims of trafficking from states like Karnataka.
These children were trafficked from Chattisgarh state into the circus industry and also into begging. The government
has till date not initiated the Victim Compensation Scheme.
Anti Human Trafficking Units
A total of 8 Anti Human Trafficking Units have been initiated in Chhattisgarh. At the nodal level, trainings and
sensitization of officers have been initiated. A Training of Trainer’s Workshop has also been initiated. There is an
urgent need to expand the activities of the AHTUs in Chhattisgarh.
CHATTISGARH – PROTECTION MECHANISMS AT A GLANCE112
No of Anti Human trafficking Units (Districts)
8
No of District Child Protection Units
18
No of Child Protection Homes
13
No of Special Juvenile Police Units
20
No of Child Welfare Committee
12
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
3
MISSING PERSONS CASES – CHATTISGARH
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
3594
2401
1193
3244
2028
1216
2010
4808
3565
1243
4391
3241
1150
2009
2823
2460
363
2453
2065
388
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
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State Reports
DELHI
79
Delhi
Delhi is a destination and transit point for victims being brought from the North East, Nepal, Bangladesh, Jharkhand,
West Bengal, Bihar, Uttar Pradesh, Madhya Pradesh, Uttarakhand and Rajasthan. It is also a destination for cross
border trafficking rackets from Central Asian countries. The trafficking situation in Delhi has worsened as the
trafficking rackets have expanded their operations in the guise of beauty parlours, friendship clubs, spas, massage
parlours and escort services. The traffickers have become organized considering the fact that the profits are very
high. Though concerted efforts of law enforcement agencies and organizations are being carried out, the traffickers
have somehow managed to expand their trade by moving the area of operation to various satellite towns in Delhi.
Delhi’s GB Road (Red Light Area) has 92 brothels operating in these buildings and house at least 4,000 women.
There is large scale trafficking of minor as well as major girls from states like Andhra Pradesh, Bihar, West Bengal,
Rajasthan, Karnataka, Maharashtra, Uttar Pradesh, Assam, Tamil Nadu, Arunachal Pradesh, Delhi, Sikkim, Madhya
Pradesh, Uttarakhand and Haryana. These trafficked victims are forced into sex trade in the GB Road red light area
and in other cities also. Besides, the victims of cross border trafficking mainly from Nepal are also being forced into
flesh trade in GB Road.
In Delhi, the traffickers operate for supply of domestic labour in homes, child labour to work in factories, young
girls for the sex trade not only in GB Road but also as rackets operating from residential colonies, forced marriages
for supply to Haryana and Punjab, supply of bonded labour to brick kilns in Haryana, Uttar Pradesh and Punjab etc.
Delhi also has a lot of missing children who are being trafficked for the sex trade by organised crime syndicates
being operated from Rajasthan and Mumbai. The young victims who are being kidnapped by these gangs are kept
at remote locations by the Bedia, Nat, and Kanjar tribes and once the girls attain puberty they are sent to Mumbai to
work in bars and dance clubs. Many of these victims are sent to Middle Eastern countries for prostitution rackets.
The crime branch of Delhi Police unearthed a big trafficking racket which was operating from Alwar district of
Rajasthan in 2010.
Thousands of illegal placement agencies flourish in cities like Delhi where there is a high demand of live-in maids
who can work even at odd hours according to the schedule of the employers. The employers are also specifically
looking for younger children because ‘they are cheaper’, complain less and can be exploited. Apart from this there
are those source regions struck by poverty, natural calamities, lack of employment and education where parents
are willing to let go of their children in the hope that their child will live a better life in the city and send back some
money so that those back home can enjoy two meals a day, but instead what the children go through in these cities
is nothing less than hell.
The continuing atrocities on domestic labourers in the capital have reiterated the need to regulate the working of
these placement agencies which are involved in the financial exploitation and emotional trauma of the victims hired
as domestic help. Most of the victims commonly report absence of regular payment of wages, physical and sexual
abuse and emotional stress exercised by their employers. There are still millions of children trapped in middle/upper
middle class Indian households with their employers completely unaware about the fact that they are committing a
heinous crime.
Many cases of sexual abuse of maids have been reported. The maids work from dawn till midnight, do all household
chores, they are deprived of food, clean clothes, basic sanitation, and what they get is physical, sexual and mental
abuse with most or all wages going to the agents operating the placement agencies. The employers do not think
twice before giving their wages to these middlemen who never send back the money home nor do they intimate the
families of these maids about their whereabouts.
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Recently, more cases have come to light. This has been possible
due to an increased partnership between NGOs and police. With
awareness and sensitization programmes being conducted and also
with increased media space being provided to such issues, there
has been increased public participation in providing information
about such violence to NGOs and police.
81
For the safety of women the
government has launched the “Awaz
Uthao Campaign” to prevent crime
against women.
The Delhi Police has been collaborating with various State AHTUs across the country to proactively pursue the cases
of trafficking. The Assam Police in 2011 handed over a list of 500 victims who have been trafficked to Delhi and are
missing. A joint investigation by the Assam police and their Delhi counterpart has brought to light the involvement
of as many as 36 Delhi-based placement agencies in trafficking Assamese girls and children to Haryana, Punjab,
Mumbai and several other metropolitan cities. After the submission of a list of 36 placement agencies to the Delhi
Police, the Assam Police’s CID has already rescued many Assam girls from the placement agencies located at
Rajouri Garden, Raghubir Nagar, Uttam Nagar, Kalkaji and several other areas in New Delhi. The crime branch of
Delhi Police recovered five missing girls in collaboration with West Bengal Police, all hailing from Sandeshkhali
village in Sunderbans. This village has a large number of missing girls.
The Delhi Police AHTU has also busted several sex rackets operating in the NCR Region through websites. These
rackets are also supplying foreign girls for the trade.
The widely published Baby Falak case also brought to light the stark reality of trafficking of children113.
There has been an upsurge of cases of recruitment agencies taking migrant women workers to Gulf and Middle East
countries in the name of maids and where they are forced into prostitution and sexual slavery. Placement agents
from Nepal have also been using the Delhi route to send Nepalese women for work. Dance bar agents from the Gulf
have formed a nexus with some airport officials, who clear visas without checking their authenticity. Many agents
fail to provide documents mandatory for travel to Gulf countries, and yet secure clearances. Approximately 10-12
women get authorisation every day. Mumbai is no longer a popular transit point for trafficking bar girls due to
‘harassment’ by immigration officials. It’s easier to send them via New Delhi, Chennai and sometimes Hyderabad114.
Child Labour Situation in Delhi
Delhi has 28,319,471 children in the age group 6-13 years, of whom 2,747,523 are school going and 43,735 (3.34%)
are out-of-school. There are other estimates of out-of-school children. The survey conducted by Samajika Suvidha
Sangam (Mission Convergence Directorate) shows that there are 6,43,315 children in the age group 7-17 years
of whom 4,50,402 are not in schools. According to Sarva Shiksha Abhiyan (SSA), the number of out-of-school
children in the age group 6-14 years in North West District was 72,192, whereas the door-to-door survey conducted
by NCPCR in 9 slums of Jahangirpuri was 2,929. Perhaps this discrepancy in data is due to the fact that names of
children who are out-of-school and school dropouts may be continuing in the attendance registers as enrolled. All
such out-of-school children are to be considered as child labourers or potential child labourers who would sooner
or later join the labour pool. The areas of concentration of child labour in Delhi are: Mitapur, Jetpur, Sangam Vihar,
Khanpur Extension, Khanpur Village, Tughlakabad Village, Hamdard Nagar, Garhi Lajpat Nagar, Uttam Nagar, Kotla
Mubarakpur, Kureji, Arampark, Brijpuri, Jagatpuri, Zafrabad, Wazirabad, Jahangir Puri and Seelampur. Most of these
children are from Bihar, West Bengal, Jharkhand, Uttar Pradesh and Madhya Pradesh.
http://indiatoday.intoday.in/story/child-sex-rackets-in-delhi-hotels-exposed/1/179243.html, accessed on 17 August 2012
http://www.mid-day.com/news/2012/aug/150812-mumbai-ACP-Dhoble-rescues-37-bar-girls-from-Delhi-airport.htm, accessed on 2
September 2012
113
114
Government Initiative
For the safety of women, the government has launched the “Awaz Uthao Campaign” to prevent crime against women.
The Department of Women and Children is running a State Protective Home for women under sec 21 of ITPA, 1956
for the women rescued from commercial sexual exploitation and two Children Homes for girls at Nirmal Chaya
Complex. The minor victims housed in the Children Home are shifted to the After Care Home in the same complex
on attaining the age of majority. At present the Delhi government is running 104 Gender Resource Centres (GRCs)
as non institutional measures to prevent the vulnerability among women and girls for falling prey to sexual abuse,
trafficking etc. Through GRCs, the government is also providing legal awareness to the women and girls and to
device strategies to address safety issues concerning women and to provide immediate response to the women in
distress. To save the girl child, the Delhi Government has a scheme for scholarship to the school going girl child. The
government recently conducted one meeting with the women in prostitution at G.B Road to discuss about various
issues of rehabilitation of these women. A Drop- in Centre and Day Care Centre is being run in the Red Light area in
G.B. Road with the support of Women and Child Development Department for the children of women in prostitution.
The department is planning to provide more space to the programme for extending the preventive services. Nari
Niketan, is a state run Protective cum Corrective Home set up at Nirmal Chaya Complex to provide safe shelter to
the victims of commercial sexual exploitation. The government has allocated two Swadhar homes in Delhi. Presently
there are no Ujjawala homes in Delhi. The Government of NCT of Delhi has sanctioned 25 Child Protection Homes
under the Integrated Child Protection Scheme. Seven Child Welfare Committee have been established. Though the
homes and Child Welfare Committee have been established, there is a serious need of monitoring the facilities in
these homes and Minimum Standards of Victim Care and Protection need to be established. Also there is an urgent
need of capacity building of Child Welfare Committees.
The Delhi High Court, vide a detailed order dated 24th September, 2008 directed the National Commission for
Protection of Child Rights (NCPCR), to formulate a detailed Action Plan for strict enforcement and implementation
of Child Labour Prevention and Regulation Act, 1986 and other related legislations. The NCPCR was directed to
suggest measures regarding education, health and financial support to the rescued children. The NCPCR was also
directed to suggest measures for timely recovery and proper utilization of funds collected under the Supreme Court’s
direction in the aforesaid M.C. Mehtas case115. The National Commission after holding consultation with various
stakeholders and after conducting research and survey submitted to the Court a Delhi Action Plan for Total Abolition
of Child Labour. The Action Plan for Total Abolition of Child Labour is based on two strategies. The first strategy is
an ‘Area Based Approach’ for elimination of child labour, wherein all children in the age group of 6 to 14 years would
be covered whether they are in school or out-of-school. The National Commission proposed that this approach be
initiated as a Pilot Project in North-West District of Delhi. The second strategy is an approach to be adopted in the
context of migrant child labour. It involves a process of identification, rescue, repatriation and rehabilitation of child
labour. This strategy is being implemented as a Pilot Project in South Delhi District.
According to the Action Plan, trafficked and migrant child labourers are primarily engaged in prohibited occupations
such as zari, bulb manufacturing, auto workshop units and domestic household etc. This strategy contemplates
constitution of a Steering Committee on Child Labour at the state level and a District Level Task Force on Child Labour
at the district level. The Delhi Action Plan provides for a detailed procedure to be adopted at the pre-rescue and actual
rescue stage. The pre-rescue plan encompasses how information is to be collected and verified, the composition
of the rescue team as well as what training is to be imparted in advance to the members of the rescue team. The
pre-rescue plan provides for prior preparation of residential centres through RBC, JJ Homes, and NGO Shelter for
On 10th December 1996 in Writ Petition (Civil) No.465/1986 the Supreme Court of India, gave certain directions on the issue of
elimination of child labour. The main features of judgement inter alia were Survey for identification of working children. Withdrawal of
children working in hazardous industry and ensuring their education in appropriate institutions. Contribution @ Rs.20, 000/- per child to
be paid by the offending employers of children to a welfare fund to be established for this purpose. Employment to one adult member of
the family of the child so withdrawn from work and it that is not possible a contribution of Rs.5,000/- to the welfare fund to be made by the
State Government. Financial assistance to the families of the children so withdrawn to be paid -out of the interest earnings on the corpus of
Rs.20,000/25,000 deposited in the welfare fund as long as the child is actually sent to the schools.
115
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83
accommodating the child labour proposed to be rescued. The
Delhi Action Plan provides a detailed procedure for interim
National Commission after holding
care and protection of the rescued children. It provides for
consultation with various stakeholders
immediate medical examination of the children and as to how
and after conducting research and survey
investigation is to be conducted and charge sheet is to be
submitted to the Court a Delhi Action Plan
prepared. The strategy for Unaccompanied Migrant Children
for Total Abolition of Child Labour.
also provides for assessment and verification of the child’s
background and intrastate as well as interstate repatriation.
The Action Plan provides for detailed procedure for rehabilitation and social integration of child labour as well as
training and capacity building of duty bearers.
Anti Human Trafficking Units (AHTUs)
There are 12 AHTUs of the Delhi Police. The AHTUs consist of a group of trained and sensitive officials of the police
working in close coordination with NGOs and Child Welfare Committees. In Delhi, the AHTU with Anti Kidnapping
Section of the Crime Branch is the Nodal Agency for combating human trafficking. The AHTUs are working in close
coordination with the NGOs, Department of Women and Child Development, Labour Department, Health Department
etc. They conduct rescue operations with the assistance of NGOs whenever there is any information about human/
child trafficking cases. The rescue and post rescue operations are done ensuring the victim centric approach. More
focus is being given in functioning of the grass roots unit for collection and development of a database on all aspects
of the crime, including information on traffickers and the trafficking gangs.
The AHTUs in Delhi have been maintaining a close vigil in railway stations and bus stands in coordination with NGOs
involved in service delivery for spotting and rescuing the victims. Effective patrolling and vigil at locations prone to
trafficking are being undertaken by the AHTUs. The AHTU has also been providing support to all source area police
teams arriving in Delhi. It has also undertaken steps to improve interstate police collaboration among various police
agencies across the country. The AHTU has conducted 1532 rescues (118 from commercial sexual exploitation,
1,371 child labourers, 12 forced labourers, 25 from hazardous work and 6 under various other circumstances) in the
year 2011-12. A total of 271 rescue operations were conducted in Delhi in coordination with the NGOs. Numerous
criminal gangs indulging in prostitution, child labour, bonded labour and cross border trafficking for prostitution and
domestic help have been busted by AHTU, Delhi Police.
Regular Training Sessions on Anti Human Trafficking laws have been organized for officers dealing with the cases
of trafficking. Nine rounds of training have been conducted so far. A total of 500 police officers have been trained at
the District TOT. Altogether 18 officers have been enrolled in IGNOU Anti Trafficking course. In the year 2011, 148
girls and 675 boys were rescued from various railway stations in Delhi. In the year 2012 (till April), more than 30
girls and 150 boys have been rescued from various railway stations in Delhi. Fourteen brothels were sealed under the
ITPA, 1956. All cases of missing children are reported to CBI for giving wide publicity on their website and seeking
help in tracing of the missing children. Standing Order no. 68 of Delhi Police ensures the appointment of at least two
upper subordinates as Juvenile Welfare Officers in every police station. The District Crime against Women Cell acts
as the District Special Juvenile Police Unit and Crime against Women Cell, Nanakpura functions as the State Special
Juvenile Police Unit. In all districts SJPU have been formed. Training session on Juvenile Justice System is also
being regularly conducted in collaboration with the Special Police Unit for Women and Children, Delhi Police across
Delhi. Information, Education and Communication materials on human trafficking are circulated among the staff of
Delhi Police. The Advisory issued by the Ministry of Home Affairs have been circulated to all senior officials. Delhi
Police has been working in close coordination with various State Police departments to link source and destination
of human trafficking cases.
Missing Children Initiative
Analysis of the missing children data in Delhi shows that Delhi has been reporting a very high rate of missing
children. A total of 3,094 children continue to remain missing between 2009-2011 out of which 1,636 are girls.
DELHI – PROTECTION MECHANISMS AT A GLANCE116
No of Anti Human trafficking Units (Districts)
11
No of District Child Protection Units
9
No of Child Protection Homes
25
No of Special Juvenile Police Units
11
No of Child Welfare Committee
6
No of Homes under Ujjawala P & R Schemes
1
No of Shelter Homes under Swadhar Scheme
0
MISSING PERSONS CASES – DELHI
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
5111
3752
1359
4214
2774
1440
2010
5091
3937
1154
3456
2203
1253
2009
5946
5365
581
3073
1980
1093
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
Bachpan Bachao Andolan undertook a nationwide study on the issue of missing children in India.
Based on the findings of the National study the organization filed a Public Interest Litigation which
resulted in a landmark order of the Supreme Court making mandatory registration of FIR as soon as the
case of missing child is reported.
116
Ministry of Women and Child, Government of India – September 2012
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State Reports
GOA
85
Goa
Goa being a tourist destination has emerged as a destination area for trafficking in persons. Brothel based prostitution
was stopped with the demolition of Baina beach brothel houses in 2004. Since then the prostitution related activities
have extended across the city and are operating in the guise of beauty parlours, spa, escort services, friendship clubs
and also though internet services. The demand for sex services by the tourists has led to an upsurge of trafficking
rackets operating in the state. The victims today are being procured from across the country.
As per data by NGO ARZ117 an anti trafficking organization based in Goa, a total of 179 victims were rescued in
the last three years (2009-12). Out of these, 146 victims were of Indian origin and 33 were foreigners. Among the
foreign victims, 27 were from Nepal, 4 from Bangladesh and 2 from Russia. From among Indian states, the highest
number of 39 girls came from Mumbai, 31 from Manipur, 16 from Goa and 14 from Andhra Pradesh. The breakup
of other states was Manipur (31), Goa (16), Andhra Pradesh (14), West Bengal (09), Nagaland (08), Karnataka (07),
Maharashtra and Assam (5 each) and Mizoram (4)118.
In 2010, 11 girls from the North East were rescued in Goa. They were lured to Goa with a promise to teach them
skills in order to get a job. They had been brought by agents and traffickers and forced into the sex trade. Of the 11
victims, 6 belonged to Nagaland, 3 from Mizoram and the rest from Belgaum119. In a similar incident, Mizoram police
had rescued 10 girls and arrested 13 people, who wanted to send them to Goa120.
Sex work and trafficking has also been reported among the Lamani tribals, a migrating community from Karnataka
and Maharashtra who are regular visitors to Goa. The children of the Lamanis are the high-risk group who fall into
the trap set by the tourism trade in Goa. These children are sometimes not accompanied by their parents but come
to Goa along with relatives or with some close neighbours in search of employment in order to escape poverty and
hunger. Here they are exploited and pushed into the sex trade121.
The Russian mafia in Goa is not only involved in real estate deals and drug trade but have also extended their
tentacles into the flourishing flesh trade. Young Russian, Yugoslavian and Romanian girls, sometimes minors, are
being trafficked into Goa for commercial sexual exploitation.
Business conferences and commercial events have emerged as a new front for flesh trade, with girls from various
states being trafficked for these events in Goa. This is a new phenomenon in which girls are recruited through event
management agencies by the companies holding their conferences in Goa. Several victims from Andhra Pradesh
were rescued by police from Anjuna when they were brought by an Andhra Pradesh-based fertilizer firm for their
conference in Goa. The conference was to entertain the distributors122.
The state has also reported trafficking for labour. Recently a Goa based North East association rescued 16 Assamese
and Naga labourers who were illegally trafficked to work in Goa's controversial mining sector. The North East
Association of Goa (NEAG) tracked down 16 people working in pathetic conditions in forested mining areas123.
In May 2012, a Consultation was organised in Goa in which eight states including Goa have established a network
of government agencies, police and non-governmental organizations to collaborate in combating the trafficking of
girls for commercial sexual exploitation. These states have agreed to work closely in helping to quickly repatriate
and rehabilitate the trafficked girls to their home states apart from sharing of information. The states included
Maharashtra, Karnataka, Andhra Pradesh, Nagaland, Assam, Mizoram, Manipur and West Bengal124.
www.arzindia.org
http://articles.timesofindia.indiatimes.com/2012-07-04/goa/32535917_1_anti-trafficking-combat-human-trafficking-commercial-sexualexploitation, accessed on 2 August 2012
119
http://surahmar.wordpress.com/2010/10/20/nagaland-cops-arrive-in-goa-to-probe-trafficking/, accessed on 2 August 2012
120
http://surahmar.wordpress.com/2010/10/20/nagaland-cops-arrive-in-goa-to-probe-trafficking/, accessed on 2August 2012
121
http://goadourada.blogspot.in/2008/06/lamani-tribe-abused-in-goa.html
122
http://www.nagalandpost.com/ChannelNews/Regional/RegionalNews.aspx?news=TkVXUzEwMDAyMDIyMA%3D%3D-KAoftDZumj4%3D,
accessed on 14 August 2012
123
http://twocircles.net/2012aug25/panic_post_assam_riots_exposes_human_trafficking_goa_mines.html_0, accessed on 14 August 2012
124
http://articles.timesofindia.indiatimes.com/2012-07-04/goa/32535917_1_anti-trafficking-combat-human-trafficking-commercial-sexualexploitation, accessed on 14 August 2012
117
118
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Government Initiatives
Goa Government has set up 2 Special Juvenile Police Units. A State Advisory Committee has also been formed
though it has not been meeting frequently. The Goa government has initiated the Integrated Child Protection Scheme
(ICPS). The state has no Ujjawala Scheme for care and protection for victims of trafficking and Victim Compensation
Scheme has not been initiated.
The objective of the Prabhat scheme is to protect, rehabilitate, provide livelihood alternatives and prevent retrafficking of victims of commercial sexual exploitation. The scheme has been submitted as a model scheme to the
Hon’ble Supreme Court of India in the case of Budhadev Karmaskar vs State of West Bengal (Criminal Appeal 135 of
2010 pending in the Supreme Court of India).
Under this scheme victims can be of any age or gender and there is an option of institution and non institution based
rehabilitation to the victim and provision of shelter. This scheme provides various kinds of options - education,
vocational training, job, economic enterprise etc. Victims can be referred for the scheme by anyone – social work
organization, W&CD, self group, police, sex workers collective, etc and victims can themselves make an application
for the scheme. The scheme introduces the concept of “Mentor”, a person to assist the victim in rehabilitation. There
is also a provision of a monitoring team consisting of victims, and representative of WCD, police, social worker,
business entrepreneur to select the beneficiaries and monitor the progress of each victim.
Department of Women and Child Development, Goa and
The Goa Government has recently
NGO Anyaya Rahit Zindagi (ARZ) have repatriated victims
issued a new scheme called the Prabhat
of Bangladesh origin rescued in Goa. The Bangladeshi girls
Scheme which means a new beginning.
rescued in Goa on an average take 5-6 months for repatriation.
Prabhat is a comprehensive scheme for
This period is less than the time taken for repatriation in other
rehabilitation of victims of commercial
state. This has been possible by developing linkages and
sexual exploitation.
partnership with authorities in India and Bangladesh. There is
also collaboration between NGOs in both the countries which is
helpful in speeding up the repatriation process. The magistrate
with the assistance of social workers appointed under Sec 17 (5) of ITPA conducts an inquiry of every victim rescued
from commercial sexual exploitation. The inquiry is conducted at the protective home in a victim friendly manner. The
emphasis of inquiry is to check the role of the family member in trafficking, and to ensure that the victim is not retrafficked. The Department of Women and Child Development, Goa makes arrangement and pays for the repatriation
of the victim to their home state or country. With each victim two police constables, matron of the protective home
and Arz councilor goes to hand over the custody of the victim to the family or to the government or non government
organization. ARZ and Department of Women & Child Development, Goa since 2001 have collaborated to provide
rehabilitation to the inmates of the government state protective home. ARZ provides rehabilitation services such
as counselling, income generation, self expression, self development, recreation, after care, follow-up etc. and the
Department of Women and Child Development takes care of security, administration, logistic, repatriation, etc. ARZ
was appointed “Nodal NGO” of Anti Human Trafficking Unit of Goa police in 2007.
Anti Human Trafficking Units
The state of Goa has formed 1 AHTU. Training of Trainer workshops and general sensitization has been held as part
of the scheme. The Advisories issued by the Ministry of Home Affairs has been widely distributed. Training of 200
police officers has been conducted.
GOA – PROTECTION MECHANISMS AT A GLANCE125
No of Anti Human trafficking Units (Districts)
1
No of District Child Protection Units
0
No of Child Protection Homes
0
No of Special Juvenile Police Units
1
No of Child Welfare Committee
2
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
0
Anyaya Rahit Zindagi (ARZ) based in Goa has launched a web portal to use the ICT in combating
human trafficking. The web portal is primarily a network of stakeholders – government organizations,
non-government organizations, academia, civil society, victims and the media - to smoothen the service
delivery to victims of human trafficking in India. The Initiative is based on the principle that human
trafficking is the worst form of slavery and a network of all available services is required to combat it.
The web portal introduces some of the unique methods and features. Some of the unique features of
the web portal is
125
•
Data bank (phone numbers & email addresses) of individual and organizations working to
combat trafficking of women and children in India
•
State wise details of Child Welfare Committee (CWCs), Juvenile Justice Boards (JJBs)
•
Updated information about services being provided by the Government, Non-governmental
organizations and Civil Societies
•
Posting and tracing missing persons by using information technology such as SMS alerts,
e-mails.
•
Connecting individual and organization from source, destination and transit through usage of
IT such as SMS alerts, Email alerts etc.
•
Knowledge sharing through documents, e-materials, films, documentaries, research papers,
media reports on social issues
•
Mass Awareness Generation & Information Sharing (MAGIS) through sending alerts in the form
of Short Message Services (SMSs) & Emails
Ministry of Women and Child, Government of India – September 2012
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State Reports
GUJARAT
89
Gujarat State
The State of Gujarat does not feature among the high prevalence states for trafficking of women and children.
However, it is not totally free from the vice. Thousands of women are engaged in commercial sex in brothels and
areas along the highways. The red light area in Surat was closed down in 2003 but the trade continues with impunity
as it has expanded across the city and operates as massage parlours, friendship clubs and flying sex workers.
Though there are no red light areas in Ahmedabad, there is a flourishing sex trade, involving victims who are brought
in from West Bengal, Odisha and even from Bangladesh. Migration of people to Gujarat is a common phenomenon.
As far as trafficking is concerned many community groups/individuals are indulging in buying and selling of young
girls from the Kanjhar community. These girls are being brought up as their own daughters and pushed into the
flesh trade126.
The problem of trafficking for child labour is rampant in Gujarat. Children are brought from Rajasthan, Bihar,
Uttar Pradesh and Madhya Pradesh for working as child labour in jewellery polishing units and diamond cutting
industry. Large number of children are being trafficked to Gujarat (Banaskanta, Sambarkanta and Patan districts)
from Rajasthan (especially from Udaipur, Banswara and Dungarpur districts of Udaipur division) for engaging them
as child labour in the artificial pollination work in ‘Bt Cottonseed Farms’. The young children between 8 - 15 years
are preferred as labour force for the same job. Over the years production of Bt cotton is going up, bringing more
prosperity to Gujarat's agrarian economy, which grew by 16.6 per cent last year. The state contributes to one-third
of the country's cotton output, as the region got better irrigation facilities from Narmada and Sujalam Sufalam canals
and is getting cheap labour from the neighbouring state. The NCPCR taking cognizance of the rampant trafficking of
children in the ‘Bt Cottonseed Farms’ of North Gujarat made several recommendations to the State Government for
taking action127.
Sarania tribals in the Sabarkantha district of Gujarat practice traditional prostitution through their women. The
women in this community are made to do sex work in the name of tradition. Recently the community was in news
when the NGO Vicharta Samudaya Samarthan Manch organised a mass wedding of the community in order to stop
women and girls being trafficked or forced into traditional prostitution. Most of the girls who got married reiterated
the fact that they had got married in order to ensure that they are not pushed into sex work.
Raids in Maharashtra, Madhya Pradesh and Uttar Pradesh have reported an increasing trend of victims from Gujarat.
Police officials in Maharashtra have reported that Gujarat and Rajasthan are emerging as new source areas in
trafficking. The trend is supported by the missing children and women data of Gujarat which reports a sizeable
number of missing women and children128. In the recent past Gujarat has witnessed a large number of intra-state
trafficking. Young girls are being trafficked and forced into prostitution from one district to another within the state.
The girls trafficked from West Bengal and Odisha are reported to be sold in Gujarat. There have been reports of
women and girls from West Bengal being trafficked to Gujarat for forced marriages. This has been attributed to
the skewed sex ratio in the Kutch region. Some of the victims have also been reported to be from Bangladesh. The
traffickers involved in cross border trafficking specially from Bangladesh are now well connected with Gujarat129.
Gujarat is also connected mostly with Rajasthan, Bihar, West Bengal, Odisha and Uttar Pradesh for trafficking of
child labourers, which is rampant in the state. The children are being employed in the cotton seed farms in Gujarat.
Sometimes children are also being trafficked to Gujarat via Delhi for domestic help. Placement agencies operating in
Delhi employ children in Gujarat. Traffickers also use the route of Jharkhand-Delhi-Gujarat. All the routes leading to
Gujarat from Rajasthan are prone to child trafficking for labour in Gujarat. There have also been reports of trafficking
happening from Gujarat to Maharashtra and Madhya Pradesh.
Migration, trafficking and sites of work: Rights and vulnerabilities- A study in Rajasthan and Gujarat by Jagori, 2007
http://www.ncpcr.gov.in/Reports/Report%20on%20Gujarat%20Visit%20Oct%202011.pdf, accessed on 12 september 2012
128
http://articles.timesofindia.indiatimes.com/2012-07-20/nagpur/32763445_1_minor-girls-brothel-owners-red-light-area, accessed on 14
August 2012
129
http://indiatoday.intoday.in/story/bengali-speaking-girls-human-trafficking-kutch-flesh-trade/1/213428.html accessed on 9 August 2012
126
127
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Government Initiative
The Government of Gujarat has undertaken measures to combat human trafficking in the state. The Department
of Women and Child Development had formed the State Advisory Committee under the leadership of the Principal
Secretary, Department of Women and Child Development, Government of Gujarat. The committee was formed as
per the provision under the Immoral Trafficking Prevention Act, 1956. The government formed the committee under
the resolution number Shshy-102001-I-277 (883/05-(2)-A Sachivalay, Gandhinagar dt. 22/9/2005. The committee
involves Women and Child Development Department, Legal Department, Home Department, Gujarat Women
Economic Development Nigam Limited, Gujarat State Social Welfare Board, Mahila Suraksha Samiti, Social Defence
Department, Gandhinagar. Besides, the government has also taken some other concrete steps. Five acres of land
were earmarked in village bhatha of Taluka Choryasi in Surat district for providing residential and work facilities for
sex workers in Surat. Facilities like Anganwadi, Primary School, Primary Health Centre etc. will be provided in this
colony. A training programme of 150 sex workers in collaboration with NIFT has been chalked out by the department.
For purchase of textile products, linkages have been established with units like Haria Garments. NIFT provided
garment making training to 50 sex workers.
As per the resolution of Women and Child Development
The Gujarat Government has issued
Department, the Social Defence Directorate has distributed
the
order of monetary compensation
sewing machines to 24 sex workers in Surat. Fifty one children
of Rs.5000 for self employment
of sex workers have been admitted in government run children’s
and livelihood of the victims. The
home for care and protection, medical, vocational training and
government also provides assistance of
proper rehabilitation. The government in collaboration with the
Rs.10000 in the form of N.S. certificate
NGO Shantaba Gajera Trust has started a cotton toys preparation
and domestic appliances.
training programme with 40 sex workers in Surat. Besides, the
government took the initiative and conducted various trainings
cum workshops on Juvenile Justice (Care and Protection of
Children) Act for government officials, NGOs, Police, Juvenile Justice Board members, Child Welfare Committee
Members, judicial officers etc130. The State Government has notified rules in the official gazette to carry out the
purpose of Juvenile Justice (Care and Protection) of Children Act under Sec 68 of the Act. There are 123 protective
homes for the victims run by the government as well as NGOs in Gujarat. The letters/advisories were sent to all the
district authorities on the issue of Implementation of the Immoral Trafficking Prevention Act, 1956.
Missing Statement of Children and Women
The Gujarat police have reported a large number of missing children and women. In 2010 the total number of girls
missing is 1,818 whereas the total number of women missing is 4,120. During 2010, the total number of children
missing is 2,890. Since 2006 the total number of missing children has been increasing. Gujarat Police has started
special drives in all the cities and districts in 2011 to trace the missing children. These “Drives” enabled the police to
trace a large number of individuals, including minors, from different cities and districts.
Anti Human Trafficking Unit (AHTU)
The State CID Crime is the Nodal Agency of Anti-Human Trafficking in Gujarat State. A Nodal Officer of the rank of
Deputy Inspector General of Police is coordinating Anti-Human Trafficking activities in the state. The DG & IG of
Police, Gujarat has appointed all Police Inspectors/Circle Police Inspectors/Police of Local Crime Branch, Detection
of Crime Branch of Gujarat state and all ACPs/ASPs/Dy. SP/SDPOs of divisions of Gujarat state and all jurisdictional
police officers above the rank of ACPs/ASPs/SDPOs by virtue of section 36 of the CrPC, 1973 as Special Police
Officer, vide Standing Order no. 9/94 of 21/9/1994.
Gujarat Government has reconstituted the Gujarat State Coordination Committee on 22/9/2005 under the ITPA. The
said committee is being chaired by the Chief Secretary of the State and reviews the trafficking problem quarterly.
130
RTI reply received from the Public Information Officer and Deputy Director, Dept. of Social Defense, Gujarat.
To help the children in crisis situation, the Gujarat police have constituted four “Child Crisis Intervention Centre”
in Ahmedabad, Vadodara, Surat and Rajkot in 2009. The missing/trafficked/abandoned or any child in need of care
and protection are being given shelter in these intervention centres and is followed by efforts to trace their parents.
If parents are found suitable to hand over the children, they are being restored, otherwise these children are being
shifted to the Children Homes.
As a part of this campaign, audio/videos were prepared and distributed among the Education Commissioner,
Commissioner/Superintendent of Police, local TV channels and Department of Information and Broadcasting.
There are five AHTUs in Gujarat131. The AHTUs are at Ahmedabad Rural, Ahmedabad City, Vadodara City, Surat City, and
Rajkot City. The AHTUs are now well equipped with 4-wheeler vehicles, 2-wheeler vehicles, digital cameras, and landline
phones and one Police Sub Inspector, two Head Constables and two Police Constables are posted in each AHTU.
Presently these units are functioning with the staff of concerned police stations with additional responsibilities. Request
has been made to the DG&IG of Police for appointing separate staff for these units.
Rehabilitation and Protection
There is no Ujjawala Scheme operational in Gujarat. The
Ujjawala scheme was not allotted by the Central Government
to Gujarat State132. In Gujarat, there are 3 Swadhar Homes for
the rehabilitation of trafficked victims. The Homes are being
run by the NGOs ‘Gujarat Mustrurat (Mahila) Seva Trust,
Ahmedabad’, ‘Subhag Mahila Utkarsh Trust, Bhavnagar’ and
‘Pragna Chakshu Mahila Seva Kunj, Surendranagar’.
The Gujarat Police in coordination with
the AHTU has been running a campaign on
awareness of anti human trafficking/sexual
harassment among the school/college
going girls. The name of the campaign is
“Saavcheti Ma Suraksha.”
GUJARAT – PROTECTION MECHANISMS AT A GLANCE133
No of Anti Human Trafficking Units (Districts)
10
No of District Child Protection Units
26
No of Child Protection Homes
57
No of Special Juvenile Police Units
31
No of Child Welfare Committee
25
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
4
MISSING PERSONS CASES – GUJARAT
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
2295
1352
943
3105
1649
1456
2010
2868
2275
593
4053
3163
593
2009
2718
2121
597
3308
2341
967
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
The AHTUs were formed vide Government of India, Ministry of Home Affairs, New Delhi letter no. VI-21011/36/2010-PM-I-CR dated
28/7/2010 and no. 15020/8/2007-ATC dated 30/7/2010.
132
RTI reply received from the Public Information Officer and the Deputy Director, Department of Social Defence, Gandhinagar
133
Ministry of Women and Child, Government of India – September 2012
131
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State Reports
HARYANA
93
Haryana
Haryana, a North Indian state is known for its skewed sex ratio. Female foeticide is a major factor resulting in
trafficking for forced marriage in the state. Women and girls being trafficked mostly from the Eastern and North
Eastern states to Haryana is the ramification of large scale female foeticide in the state. A number of people in
Haryana are employed with the police, army and transport (eg. truck drivers) who during their visits and travel to
other regions started marrying outside their own state, caste and community.
Haryana is a destination for the trafficked victims being brought from states like Assam, West Bengal, Bihar,
Jharkhand and Andhra Pradesh. The victims are trafficked mainly through railway routes and they are transited via
Delhi. From Haryana the victims are also sent to the border areas of Rajasthan. Gurgaon and Faridabad in Haryana is
the major destination for the victims of sexual exploitation and domestic help.
There is a trend of girls from the North East being brought to Haryana for forced marriage and bonded labour.
The districts of Karnal, Mewat, Rewari, Kurukshetra, Jind, Yamuna Nagar and Hisar in Haryana are known to be
a destination for girls trafficked from the North Eastern states. This is a critical trend in Haryana due to its dismal
sex ratio134. There is also a trend for luring girls on the pretext of marriage and later the traffickers sell them. The
traffickers use Delhi as the transit point and the selling and buying of girls mostly takes place in Delhi135.
While the maximum number of women forced into marriage are from Assam and West Bengal, a sizeable number of
the girls and women trafficked for domestic work, bonded labour like conditions and slavery, are from Jharkhand,
Bihar, Odisha, Madhya Pradesh and Uttar Pradesh. As the whole process of this bridal migration is increasingly
gaining momentum, the sale and trafficking aspects involved in it needs immediate attention. The shortage of brides
in villages and towns of Haryana and Punjab are often filled by buying and trafficking of women from distant states
like Assam, West Bengal, Jharkhand, Bihar and Odisha. In the Mewat districts of Haryana, there are many girls who
are being brought from states like Assam, West Bengal, Jharkhand, Bihar and Andhra Pradesh and are forced to get
married against their will. These girls are popularly known as “Paro”136.
A report by NGO Shakti Vahini in 2004 found that every year, hundreds of young women and girls in northern India
are lured or sold into involuntary marriage. They are bartered at prices that vary depending on their age, beauty and
virginity, and exploited under conditions that amounts to a modern form of slavery. These victims are lured from
Assam, West Bengal, Jharkhand, Odisha, Bihar, Madhya Pradesh, Uttar Pradesh, Uttarakhand and Himachal Pradesh
through deceit for a better living or have been bought through the traffickers or sold by their poor parents. Although
trafficking in women and girls has become a lucrative and expanding trade in these regions, it routinely escapes
effective administrative and social sanctions and the general response is to deny the existence of any such problem.
The widespread unemployment especially in Haryana and the low status accorded to women has only added to the
problem. A field study on the impact of sex ratio on the pattern of marriages in Haryana by Drishti Stree Adhyayan
Prabodhan Kendra (2010) covering over 10,000 households revealed that over 9,000 married women in Haryana
were bought from other states.
In June 2010, a marriage racket was exposed in Kolkata. The accused was arrested along with a fake groom from
Haryana who specialised in fake marriages. One common aspect in these marriages was that the girls used to be
from North 24 Parganas region and the grooms used to be from Haryana and Uttar Pradesh. Police investigations
have found that the accused had arranged countless marriages and he had close links with a gang operating from
Uttar Pradesh. Some parents had also complained to the police about their daughters who have never returned after
getting married137. Similarly one more marriage racket came to the notice of the police with the arrest of a pimp in
Delhi. Investigations have unfolded a harrowing tale of two sisters, aged 13 and 8 years, who had been kidnapped
http://articles.timesofindia.indiatimes.com/2012-01-19/india/30642582_1_trafficking-home-ministry-ahtus, accessed on 09 August 2012
A 14-year-old girl from Assam was rescued from a Haryana village in a joint operation by cops from the city and Haryana and NGO Shakti
Vahini. The rescuers overcame stiff resistance by the villagers, who claimed their "daughter-in-law" was five months pregnant. http://articles.
timesofindia.indiatimes.com/2011-10-07/delhi/30257146_1_haryana-village-haryana-police-assam-police, accessed on
136
http://naorem.wordpress.com/2005/07/19/paro-in-haryana-india/, accessed on 14 August 2012
137
http://articles.timesofindia.indiatimes.com/2010-03-26/kolkata/28128433_1_trafficking-racket-weddings-complaint, accessed on 07 June
2012
134
135
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from New Delhi and thereafter trafficked. The arrest of one woman trafficker was a major breakthrough as she is
suspected to have trafficked dozens of girls to Haryana and other states138.
The Placement agencies providing domestic help are rampant in Delhi and these agencies supply children for
domestic help in Haryana. Due to the nuclear family system there is a huge demand of maid servants which is
being fulfilled by trafficking of maids from poorer states. Once these children land up in their employer’s house in
Haryana via Delhi, they end up in slavery. These children are not even allowed to be in touch with their families. They
are mostly kept as bonded labour. The children employed as domestic help mostly belong to the poor families and
they always keep quiet even if they are being tortured by the employer. There are many cases in which the children
also become victims of sexual exploitation at the hands of either the placement agency owner or the employer
themselves. Gurgaon, Faridabad, Panipat and Rohtak have a big problem of child labour. The placement agencies
illegally run their business and have good links in the source areas and with the help of their organized network, they
bring girls from the source states and employ them as bonded labour in the colonies and these placement agencies
collect the money out of their work139.
In the last five years (2007-12), many sex rackets have been uncovered by the police. Raids on sex rackets have been
reported from almost all the districts in Haryana. Recently, Karnal police raided a prostitution racket and rescued 5
girls who were brought from West Bengal and forced into prostitution in Karnal. All the girls were brought on the
pretext of providing them good jobs140.
As per the National Crime Records Bureau, the number of missing children in Haryana since 2006 has been 2,625.
Out of these there are 1016 girls. A total of 4,731 persons went missing in which there are 2,075 women.
Government Initiatives
The Haryana Government has been implementing various schemes of the Government of India for the welfare of
trafficked victims. Since 2007 the Haryana Government has taken proactive steps for the expansion and strengthening
of the shelter homes. The State Government has approved 7 Swadhar Homes in Haryana. The government has
also proposed 2 Ujjawala homes but the same has not been approved till date. The Sate Advisory Committee for
monitoring the various schemes on rehabilitation and combating trafficking has been constituted in 2008. The State
Government has also constituted District Vigilance Committees under the Bonded Labour Act. For the rehabilitation
of trafficked victims and sex workers, the Haryana Government has formulated a new scheme and created a corpus
fund for providing marginal money to the victims so that they can start their entrepreneurship activities after
receiving skill development training. The State Women Development Corporation has been nominated to be the
implementing authority. The Haryana Government has started implementing the Integrated Child Protection Scheme.
All District Child Protection Units have been constituted. The Child Welfare Committee in most of the districts has
been constituted under the new model rules and the Child Welfare Committees have been provided office space. The
Haryana Police has created the Special Juvenile Police Unit in all the districts.
The state level training programmes of the district Child Protection Units has been conducted. The State Commission
of Protection of Child Rights has also been constituted. Recently the Haryana and Punjab High Court has ordered
the State Police Units to register all cases of missing children as FIRs and then start investigations. Pursuant to the
orders of the Haryana and Punjab High Court, the Haryana Police has come out with a detailed set of guidelines for
the police units.
A Judicial Colloquium was recently conducted in Chandigarh where 400 judicial officers and the same number of
them through video conferencing connectivity attended the meeting141. The State Government has also conducted
a Regional Prosecutors Training programme on Human Trafficking. The Childline network was also expanded from
Gurgaon to 4 more cities.
http://articles.timesofindia.indiatimes.com/2012-05-05/delhi/31586084_1_trafficking-racket-girls-sirsa, accessed on 07 June 2012
http://articles.timesofindia.indiatimes.com/2012-01-09/india/30607320_1_racket-girl-maid, accessed on 07 July 2012
140
http://articles.timesofindia.indiatimes.com/2012-04-27/gurgaon/31420919_1_minor-girls-nepalese-girl-placement-agencies, accessed on
07 July 2012
141
http://www.punjabnewsexpress.com/news/5242-Human-trafficking-curse-on-our-civilized-society-Justice-Jasbir-Singh-.aspx , accessed
on 20.10.2012
138
139
Though Haryana has initiated various schemes for the care and protection of children, the absence of a monitoring
mechanism and having no SOPS and minimum standards of victim care and protection was recently highlighted
when the State supported Swadhar Home and Childline was raided in Rohtak by a team of the National Commission
for Protection of Child Rights (NCPCR). There was a serious case of selling of infants and sexual exploitation of girls
in the ‘Home’ premises. The High Court took cognizance of the same and issued notice to the Haryana Government.
Also the High Court ordered a CBI enquiry into the matter. The raid at the ‘Home’ was preceded by two raids at
‘Drone Foundation Home’ in Gurgaon and also a ‘Home’ being run for children named ‘Suparna Ka Angan’. These
two homes also faced complaints of sexual exploitation. Another home in Karnal called Apna Ghar was sealed by the
administration. Following intense media reportage and also severe criticism from the NCPCR, the Government of
Haryana ordered a detailed enquiry into each and every children’s home running in Haryana. It was only after these
cases were highlighted did the Haryana Government issue notification that all shelter homes need to be registered
under the Juvenile Justice Act. The case of Haryana clearly shows how important the monitoring of the shelter
homes is and also the need of the SOPs and the minimum standards of care and protection. The case comes as an
eye opener to all State Governments. Also the case highlighted the need of having Child Protection Policy in each
shelter home so that any wrongdoing can be properly documented and accounted for.
The main reasons for trafficking in Haryana is for forced marriages. The 2010 census results projects the same dismal
scenario. Even though the Haryana Government may ensure that not a single sex determination test takes place by
strictly implementing the Pre Conception and Pre Natal Diagnostic Techniques (PCPNDT) Act, demographers say
that for the population to stabilise and come to its natural ratio, it will take another 50 years. Till then, Haryana will
continue to have a shortage of brides. The demand for marriageable age girls will be much more intense in the
coming years and the demand will be met by interstate marriages. The challenge before the State of Haryana as well
as the regions of Western Uttar Pradesh, Punjab and Rajasthan is to ensure that the bride demand is not catered
through human trafficking. The governments in these regions should ensure legislations which protect the rights of
women and children.
Anti Human Trafficking Units
The Anti Human Trafficking Units have
Haryana has established 6 AHTUs across the state.
though not independently started working, the
The formation of the AHTUs is a positive step seeing
training and sensitization of the police forces has
the increase in trafficking cases being reported from
been taken up in a big way by the Haryana Police
across the state. The AHTUs created have undertaken
Academy, Madhuban (HPA) . The HPA has till
raids and rescue operations though there is no
date trained 3000 policemen on various issues
convergence with local district police authorities.
connected to human trafficking.
The State Government has not yet notified the nodal
NGO which is mandated by the Government of India
Advisory to all AHTUs. The advisories sent by the Ministry of Home Affairs have been widely distributed across all
district police units. The AHTUs have also collaborated with various other state police in interstate police cooperation
which is needed in cases of human trafficking.
HARYANA – PROTECTION MECHANISMS AT A GLANCE142
No of Anti Human Trafficking Units (Districts)
6
No of District Child Protection Units
21
No of Child Protection Homes
12
No of Special Juvenile Police Units
20
No of Child Welfare Committee
9
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
4
142
Ministry of Women and Child, Government of India – September 2012
96
India Country Assessment Report on Human Trafficking
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97
MISSING PERSONS CASES – HARYANA
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
1063
530
533
1262
497
765
2010
1259
699
560
1517
610
907
2009
915
491
424
783
380
403
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012).
IndIa Country assessment report on Human traffICkIng
State Reports
JHARKHAND
99
Jharkhand
In recent years, the state of Jharkhand has emerged as a vulnerable state for trafficking of women and children for
forced labour and slavery. Thousands of children from Jharkhand are traded and trafficked by placement agencies
to domestic homes in Delhi. The children and women remain in slavery and bonded labour like conditions. Several
cases of sexual slavery have also been reported from rescued victims from Jharkhand in Delhi. The placement
agencies operate without fear of law and have mushroomed across Jharkhand. Most of these placement agencies
are organised crime syndicates and they regularly indulge in trafficking of women and children. The business of
placement agencies has been fuelled by huge demand of maids from eastern tribal states in the National Capital
Region of Delhi. In the last three years, NGOs working in Delhi have reported rampant trafficking of women and
children from Jharkhand.
Red Light areas exist in the districts of Dhanbad, Bokaro and Hazaribag. The trafficking affected districts include
Garwah, Sahibganj, Dumka, Pakur, West Singhbhum (Chaibasa), Ranchi, Palamu, Hazaribag, Dhanbad, Bokara,
Girdih, Kodarma and Lohardagga. Most of the women trafficked from Jharkhand belong to Oran, Munda, Santhal
(including endangered Pahariya ) and Gond tribes, out of which, maximum are from Oran and Munda.
Traffickers from Jharkhand operate from New Delhi in the guise of placement agencies which is a high earning
business. The traffickers bring the victims to Delhi from where they are supplied to different places depending on the
price the trafficker can get. Mostly these victims are being sent to domestic homes to work as slaves in Faridabad,
Gurgaon, Noida and Delhi. Children as young as 11- 14 years are placed in homes and are made to work as domestic
help for 14-16 hours a day. Some of the victims are sent to Haryana where there is a demand of brides for marriage.
Jharkhand women and children have been also in high demand to work as bonded labour in Haryana and Punjab.
Abject poverty, illiteracy, ignorance, difficult access areas, shrinking land holding by the local populace, network of
placement agencies were cited as the main reasons for large-scale migration from Jharkhand to other cities. The land
is degraded to a great extent due to deforestation, mining activities and rampant industrialization. Though vast area
of land is available, no technological inputs have been brought out to improvise the production in the region. Thus
in majority of the regions, there is one crop pattern and mainly rain fed cultivation takes place. Lack of agricultural
operations in a full-fledged manner is also leaving the landless labor high and dry. The only option available to them
is migration. Thus during the non-agricultural seasons one can witness exodus from the villages in search of work
in the neighboring states.
Jharkhand faces a huge problem of child labour. The state has been running the National Child Labour Project
in Garwah, Sahibganj, Dumka, Pakur, West Singhbhum (Chaibasa), Gumla, Palamu, and Hazaribagh. As per the
2001 census, the number of child labour working stood at 4,07,200. As per the 2006 NSSO data, Jharkhand has
2,06,000 children working as child labour. The number of child labour who have been mainstreamed by the NCLP
programmes till 2011 was 18,241.
The gaps between the "haves" and "have nots" are quite large in Jharkhand. Though in the books of law, the Zamindari
System143 is abolished, they have now taken the new avatar of middlemen and contractors in the region. In the
extreme torn regions of Palamu, Garhwa, Lohardaga, Chaibasa, Koderma and Hazaribag, the common people are
subjected to ills of administration on the one hand, the contractors on the other hand and above them are extremists
who virtually rule the region with their own Jan Lok Adalats144, extortion and the levy of taxes which is known in the
local language as percentage system. The Gair Majaru lands are in the absolute possession of the landlords. The
landlords own even trees of common property. Their control over the resources is absolute. With the abolition of the
Zamindari system, the feudal landlords have taken to extortion of the people by becoming the contractors for all the
development programs in the regions. The poor landless labourer is forced to work for their lifetime in the landlords'
land and the only other option is migration in search of greener pastures.
A zamindar or zemindar in the Indian subcontinent was an aristocrat, typically hereditary, who held enormous tracts of land and held
control over his peasants, from whom the zamindars reserved the right to collect tax (often for military purposes). Over time, they took
princely and royal titles such as Maharaja (Great King), Raja (King), Nawab (Lord), Mirza (Prince), reddy (ruler), Chowdhury (Lord), and
many others.
144
Lok Adalat is a system of alternative dispute resolution developed in India. It roughly means "People's court".
143
100
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101
As per the ATSEC Jharkhand Report in 2010, approximately 42,000 girls have been trafficked from Jharkhand to
metropolitan cities. The victims who are working as domestic help in various urban households across the country
are often made to work in pathetic conditions. In some cases they are even sexually exploited. About 70 percent of
the total migrant women and girls are forced to join the flesh trade. A Rapid Assessment of Domestic Workers in 8
districts (the most affected with problem of migration) was done by ATSEC Jharkhand and Research Plus Group,
Ranchi. The findings of the study indicated that most of the trafficked victims are below 20 years and many of them
are children. Many of them are in slavery like conditions and earn below minimum wages. The main destination for
migration is Delhi145.
Due to the shortage of brides in villages and towns of Haryana and Punjab, woman are trafficked from distant states
like Assam, West Bengal, Jharkhand, Bihar and Odisha. From the state of Jharkhand, the girls are brought to Delhi
and Punjab mainly for the purpose of prostitution and daily labour. A small percentage of the total migrating women
from Jharkhand are also sold into coerced marriage. Another aspect of girls being brought to Delhi from Jharkhand,
Bihar, and Odisha is for domestic work. A great number of these women are brought and then sold to the brothels
and send to other places. The others are sexually exploited as sex slaves and forced into prostitution in the form of
unorganized and movable brothels. The trafficking from West Bengal, Jharkhand and Bihar is mainly through train
routes and only a small percentage is through other means146.
Trafficking of children for the carpet industry in Uttar Pradesh is also very high. Majority of the children working in
the carpet sector, be it in Uttar Pradesh (UP) or in Jharkhand are migrant child labourers from Palamau and Garwa
district in Jharkhand. These districts are the prime catchment area for child labourers especially Garhwa. In any
village in the district there is hardly a home where child labour does not exist. Estimates are that there are 11,000 in
Garhwa alone who are child labourers within the carpet industry. There are two kinds of child labour in this sector,
child labour involving forced migration of children to UP where they stay and work with their masters, and child
labour whereby children work in the looms in their own villages. These children lead a life of bondage and slavery.
Parents pledge their children for petty loans of Rs.300 – 500 (USD 9) to the middlemen. The children are packed off
to dark, dingy prisons under the guise of loom houses, where they are expected to live and work. Some fortunate
ones do manage to escape but their freedom is usually temporary. Most parents do not welcome the return of the
prodigal son if he is empty-handed and he is soon forced back to work. Although carpet-weaving employment
exists in their villages, the wage rates in Garwa, Jharkhand are much lower than in neighbouring U.P. However, the
work conditions are so miserable that many children run away before their advance contract has been fulfilled, so
they never actually earn a regular wage. The main factors responsible for the migration of children are the advance
payment systems and the active role of the agents or middleman. Occupational health hazards such as asthma, lung
diseases caused by dust and fibres, tuberculosis, skin allergies, poisoning by dyes, scabies, back pain, hip pain, limb
pain and severe strain in the fingers are common. Cuts and injuries while using sharp knives and tools are a regular
occurrence.
Missing Children
As per the National Crime Records Bureau, the state of Jharkhand has not been reporting figures related to missing
children and missing persons since 2009. In the absence of data on missing children and rampant trafficking of
victims being reported from Jharkhand, it is very difficult to assess the real situation of trafficking of children and
women.
State Government Initiatives
Though the State Advisory Committee on trafficking was set up, the same has not been functioning. The Jharkhand
State has formulated a state action plan to combat human trafficking but this has not been implemented so far.
145
146
"Childhood on fire" ATSEC Jharkhand -2010, Report by Bharatiya Kisan Sangh Ranchi (ATSEC Jharkhand)
http://shaktivahini.org/wp-content/uploads/2012/03/situational_report_shakti_vahini.pdf, accesses on 24 December 2012
The Jharkhand Police have set up 25 Special
Juvenile Police Units in all districts of the
state. Sixteen ‘protection homes’ under
Integrated Child Protection Scheme have
been designated. Inspite of receiving a grant
under ICPS, the state of Jharkhand has not
set up any of the Child Protection Units at
the district level. Twenty four CWCs have
been established but they continue to work
without any infrastructure. Some of the CWCs
have reported non payment of salaries. The
documentation level of CWC and ‘protection
homes’ is very dismal. The government has
not initiated standard minimum care and
protection for victims. Despite the huge
amount of trafficking reported in the region,
this continues to be treated as a migration
problem and not as organised crime.
A state level network of organizations working on
anti trafficking has been initiated in Jharkhand called
the “Voices against trafficking”. This network consisting
of 70 organizations has conducted a state level anti
trafficking campaign across Jharkhand in December
2011. The Secretariat of the Voices against Trafficking
is presently with “Jharkhand Mahila Samakhya”. The
network has also coordinated with National level NGOs
in Delhi for rescue of trafficked victims.
The Government of Jharkhand, aware of the rampant
trafficking of women and children has set up a Women
and Child Helpline in Delhi by providing assistance to
NGO Bharatiya Kisan Sangh. A total of 155 victims have
been provided support out of which 143 have been
repatriated till August 2012.
In a recent case of trafficking of a 13 year old
child in Delhi, the NCPCR visited Ranchi and
Gumla district to take a view of the government
run initiatives. The Commission among other
things has recommended establishment of
Children’s Homes at Ranchi and Gumla, capacity building and strengthening of CWCs and registration of all child
care institutions under the Juvenile Justice (Care and Protection of Children) Act 2000. The NCPCR also stated that
Jharkhand should accelerate the implementation of Integrated Child Protection Scheme. The Department of Social
Welfare has been asked to evolve the mechanism to work in coordination with the Anti-Human Trafficking Units
(AHTUs) and NGOs on the issue of trafficking and missing children. The Jharkhand Government has agreed for a
routine survey undertaken by the Sarva Siksha Abhiyan (SSA) to include a separate column on missing children. The
role of NGOs as handholding could be vital in spreading the awareness among parents and community, undertake
preventive rescue, rescue from the railway station, destination point and ensure implementation of schemes like
SABLA for their rehabilitation to prevent re-trafficking. The Commission also recommended to ensure that the
railway authority coordinates in curbing the trafficking of children at the source point while boarding the trains.
There is a need to impart training to the ‘village chowkidars’ to act as the ‘first information officer’ to report about
the missing children from their respective villages and to set up emergency helpline numbers to be circulated and
displayed prominently at all the major points depicting the names of persons to be contacted in case of suspected
trafficking. The State Government has also been requested to designate a senior officer of the rank of DRC in
Resident Commissioner’s office in important metro centers to ensure speedy coordination and facilitate rescue &
restoration process of the identified trafficked children. Also the NCPCR recommended that the community should
be sensitized on the issue of trafficking through wall writings/ cultural activities /road shows, etc. and to ensure that
the details of identified traffickers are displayed prominently at all prominent places including the village Chaupals,
police stations, bus depots, railway stations, etc147.
147
Inter alia the NCPCR has also recommended :
1. Activate the institutions prescribed under ICPS within next three months;
2. State Government to map all the Child Care Institutions (CCIs) in the State and ensure their registration NGO-run Homes U/S 34(3)
of Juvenile Justice (Care & Protection of Children) Act, 2000, and also ensure a robust mechanism of monitoring and inspection and
regular submission of Inspection reports to ensure protection of children against any child right violations, deprivations or subject to
any kind of physical or sexual abuse;
3. While mapping the out-of-school children under SSA, an extra column may be inserted as “Missing Children”, which is expected to be
of immense help in tracking the missing / trafficked children;
4. The network of NGOs to be utilized extensively and in close coordination with the District administration and State Government in
advocacy and awareness programme on anti-trafficking and curb child labour;
5. Training requirements of anti-human trafficking units (AHTUs) and special juvenile police units (SJPUs) be extensively taken up for
sensitizing the Police officials on the issues concerning to child rights; and
6. Ensure inclusion of the child right issues and the child jurisprudence in the curriculum of Police Training Module in the Police Academy
& Police Training College.
102
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103
Anti Human Trafficking Units
Compared to the State Government initiatives, the AHTUs set up by the Ministry of Home Affairs in Jharkhand have
been proactively working on various anti trafficking initiatives. The Unit has already held several refresher courses
on human trafficking for the police and other stakeholders. The State AHTU has also organised a prosecutor regional
consultation and the state level prosecutors have also been trained. The AHTU Jharkhand has initiated partnerships
with various organizations in Delhi and Kolkata for getting support for conducting raids for recovery of victims of
human trafficking. The advisories sent by the Ministry of Home Affairs on human trafficking and Missing Children has
been widely distributed to all district police chiefs. The AHTU has also established linkage with the State Commission of
Women to provide support to trafficked victims. The AHTU has in collaboration with UNICEF brought out a district level
directory of all institutional mechanisms existing in the state for child protection. The same has been widely distributed
to all police stations and special Juvenile Police Officers in Jharkhand.
JHARKHAND – PROTECTION MECHANISMS AT A GLANCE148
No of Anti Human Trafficking Units (Districts)
8
No of District Child Protection Units
-
No of Child Protection Homes
16
No of Special Juvenile Police Units
25
No of Child Welfare Committee
24
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
2
Yuwa is a Jharkhand based NGO using girls' football to promote health, education, and improved
livelihoods. Yuwa provides a platform for young women to gain confidence to make a change in
their world. Teamwork is a powerful force to prevent trafficking by focusing on the three primary causes
of a young woman's vulnerability: little opportunity, gender inequality, and lack of confidence. Founded
in January 2009 with 15 girls in one village, Yuwa now has over 200 girls in 10 villages practicing three
hours a day, six days a week. In less than a year, 13 of Yuwa's girls lifted the state team's national
ranking from 20th place to 4th. With her newfound confidence comes a sense of self-worth which sparks
her interest in her own education and health. The organization has been successfully using football as
a means to bring empowerment among girls and adolescent so that they don’t fall in the clutches of
human traffickers.
148
Ministry of Women and Child, Government of India – September 2012
IndIa Country assessment report on Human traffICkIng
State Reports
KARNATAKA
105
Karnataka
Karnataka is both a source and destination state for human trafficking. Women and children are trafficked for
commercial sexual exploitation, bonded labour and also for international trafficking to Gulf countries.
The Devadasi system149 is prevalent in 10 districts of north Karnataka and 14 districts in Andhra Pradesh. The social
evil is thriving because of poverty and absence of opportunities in many families. The social customs combined
with economic pressures have pushed girls into this system150. Districts bordering Maharashtra and Karnataka are
known as the “Devadasi belt”. This belt is most vulnerable to trafficking. Victims from this belt have been supplied
for prostitution to far off place like Delhi GB Road and Mumbai.
The number of women and child trafficking cases in Karnataka has been on the increase in the last five years, with
a total of 3,234 such offences being reported during the period. In the last five years, there had been as many as
3,234 cases of women and child trafficking reported in the state. In 2007, there were 440 cases which rose to 488
the next year and to 534 in 2009. While in 2010 and 2011, there were 697 and 672 cases reported respectively, as
many as 403 cases had been reported till June 2012151. In Bangalore and the urban metropolitan areas of Karnataka,
prostitution business has expanded and many of these rackets are being run from residential colonies in the name
of spas, massage parlours and friendship clubs. Many of these escort services have started operating through cyber
space. The prostitution business in Bangalore has gone hi-tech. A lot of the victims from Bangladesh, West Bengal,
Odisha, North East and Nepal are being procured to run this business of prostitution.
Government Initiatives
The Karnataka government has formulated the Karnataka Immoral Traffic (Prevention) Rules-1989152. Karnataka
State Government has appointed Special Police Officers as mandated by the Immoral Traffic (Prevention) Act. The
Director General of Police of Karnataka has issued a circular for a victim centric approach in dealing with cases of
Immoral Traffic Prevention Act. In this regard it is important to state that Karnataka Police is one of the first police
across the country which issued such orders with relation to victim protection153. The circular stated to the police
that the Immoral Traffic Prevention Act was not being implemented in the true spirit and that police action should
be against the traffickers of human beings, exploiters, pimps , brothel keepers and those living on the earning of
prostitution and not against the women who are victims of sex trafficking. The police headquarters after reviewing
that the district police were still continuing with arrest of victims issued a strict circular in 2005 stating the fact that
such practise should be discontinued with immediate effect. If the women in question is running a brothel or is an
exploiter then stringent action should be taken154.
Devadasi Abolition Act of Bombay State and a similar Act of Madras Government are in force in the Bombay Karnataka
Area and in Bellary District respectively. It was also found that in some parts of Karnataka, the Devadasi System is
still in force and the women who are inducted to this system are in a pitiable condition and this has led them to take
up prostitution for a living. Therefore it was found necessary to bring forward a legislation to minimise this social
evil and to rehabilitate the victims. Dedication of a woman as devadasi is made an offence and in order to make the
The term Devadasi is a Sanskrit term denoting female servant of deity. But they are known by different names in different areas. In
Karnataka, old devadasis are called as `Jogati' and young devadasis as `Basavi'. The term `Basavi' refers to feminine form of `Basava' a
bull, which roams the village at will without any restriction. This cult is prevalent even today throughout India with some regional variances.
When a girl is dedicated to or married not to a mortal-man but to an idol, deity or object of worship or to a temple, some rite is performed.
The initiation ritual was said to include a “deflowering ceremony”, known as “uditambuvadu” in some parts, whereby the priests would have
intercourse with every girl enrolled at his temple as part of his religious perks.
http://idsn.org/fileadmin/user_folder/pdf/New_files/Key_Issues/Dalit_Women/Forced_prostitution_in_the_name_of_God.pdf - Manjula Pradeep
150
http://www.hindu.com/2006/01/30/stories/2006013020130300.htm, accessed on 14 July 2012
151
http://www.ndtv.com/article/south/women-children-trafficking-on-increase-in-karnataka-249247, accessed on 14 July 2012
152
Notification No SWL/179/SPH/80 dated 26.09.1990
153
Circular No SMS-6/25/2004-05 dated 30.09.2004
154
Circular No 71/CRM /SMS-4/2005 dated 22-11-2005
149
106
India Country Assessment Report on Human Trafficking
India Country Assessment Report on Human Trafficking
107
provisions more effective, higher punishment is provided for a person abetting the offence if he happens to be the
parent, guardian or relative of the woman155.
Karnataka Police has also notified Special Juvenile Police Unit in each district and a Juvenile Police Officer in each
police station across Karnataka156. State Advisory Committee for Preventing and Combating Trafficking of Women
and Children for commercial exploitation was constituted in the year 2004. The committee operates under the
Chairmanship of the Chief Secretary. The committee has been meeting quite often for reviewing and coordinating the
work undertaken by the State on human trafficking issues. The committee over the years has taken various proactive
decisions on the issue of Devadasi System rehabilitation, effective implementation of Anti trafficking programmes,
putting in a child tracking system in place under the Bhagya Laxmi scheme157. It has also led to creation of an
anti trafficking cell in the Department of Women and Child. The committee is well represented by leading NGOs in
Karnataka. In 2008, the government conducted awareness camps for Panchayat members in the vulnerable districts.
In 2009, taluk level TOT was conducted for Panchayat members and NGOs. In 2010, Karnataka has held awareness
camps for Panchayat Secretaries and supervisors of Gram Panchayat level watch dog committees.
The State Government has drafted a State Action Plan
to combat trafficking. It has a strong component of
The State Government has drafted a
rehabilitation of victims and punitive action against
State Action Plan to combat trafficking.
traffickers. The plan also focuses on building a strong
The plans focus is on preventing human
network and partnership amongst the members of the civil
trafficking and ensuring stringent action
society, political leaders, bureaucracy, judiciary and media
through legal and administrative measures.
to combat trafficking. It also creates a well developed
database that would enable assessment of the problem
and plan programme implementation and monitoring. Anti
Trafficking Committees have been constituted at district, taluka and gram panchayat level in 2005 and subsequently
their responsibilities were enhanced in 2007 to create awareness and maintain statistics of missing children and
women in the village. The committees meet every quarter to review the work undertaken.
Under the ICPS, 45 ‘Children’s Homes’ are functioning, 18 for girls and the rest for boys. Out of these, 41 institutions
are being run by NGOs. Karnataka has formed 28 Child Welfare Committees for the care and protection of children.
The training and capacity building of the Child Welfare Committees have also been held. Karnataka has also started
54 Santawana centres (Women Helpline) which are being implemented in 30 districts with the help of NGOs for
women in difficult circumstances by setting up of helplines -1091 (toll free number). Child line services have also
been activated in 6 cities. Forty three hostels for girls from rural areas have been created. Under Kishori Shakti
Yojana, girls are provided training and trafficking issues are part of the course curriculum. Karnataka Women
Development Corporation is running a Devdasi Rehabilitation Programme on income generation, training, linkages
to credit institutions and construction of houses and purchase of land. Thirty two ‘Shelter Homes’ and 34 ‘Swadhar
Homes’ have been activated and running.
Anti Human Trafficking Units
The Karnataka Police has issued circulars for appointing nodal officers in the commissionerate and districts in the
state to monitor the Anti Human Trafficking operations. In order to tackle the menace of human trafficking, the State
Government has initiated an Anti Trafficking Cell in the CID Headquarters158. The Anti Human Trafficking Cell has been
coordinating all anti trafficking raids and rescue operations, identifying nodal NGOs, identifying vulnerable districts in
Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 75 dated 3-2-1982 at page 5.
105/GSPP/ADGP/R&T/2008 dated 30 December 2008
157
Under the scheme, the State Government would deposit Rs 10,000 (USD 200) in the name of new-born girl child, irrespective of caste and
creed, and the interest accrued from it could be utilised for her education. The deposit would mature when the child attains 18 years and the
money could be utilised for her higher studies or marriage.
158
AHTUs are established in districts/commissionerates as per the order No: 07/CRM/SMS-4/2011 Dt: 03-06-2011 of DG&IGP of Karnataka
state. The 5 units are Bangalore city, Dakshina kannada, district Hubli – Dharwad, Mysore Belgaum district. Central Government aid of
Rs.37,90,000/- has been utilized to set up these units as per the Ministry of Home affairs order No. VI-21011/36/2010-P.M-1CR Dt:
28.07.2010.
155
156
the state and collecting and collating data. The State has appointed Deputy Inspector General of Police level officer
as the nodal officer for AHTU. Various training programmes for officers have been conducted across the state. The
state has also initiated training of trainer’s workshop for the sensitization of police and prosecutors. The AHTU has
been conducting several rescue operations for victims. All advisories related to human trafficking, missing children,
cyber crime and organised crime have been widely distributed across all police districts for compliance. The AHTU
is focusing on better coordination with NGOs and other concerned departments, documentation of unit and state
level initiatives. Profiling of traffickers in the state has been started and will soon be completed. Institutionalizing of
procedures involving rescue, rehabilitation, repatriation, etc. is to be worked out.
Missing Persons
According to the NCRB data of missing children, the number of females missing is more than the males throughout
the years from 2006 to 2011. In the last six years altogether 22,225 children were missing in Karnataka. Out of this
4,080 children still remain untraced. If the data of untraced children is considered, the percentage is huge in 2011.
As far as the missing person reports are concerned, 20,744 persons were missing during the period of three years
from 2009 to 2011. Out of them, 5,108 persons still remain untraced. Among the total number of persons missing
11,481 are females whereas 9,263 are males.
KARNATAKA – PROTECTION MECHANISMS AT A GLANCE159
No of Anti Human Trafficking Units (Districts)
9
No of District Child Protection Units
16
No of Child Protection Homes
76
No of Special Juvenile Police Units
38
No of Child Welfare Committee
30
No of Homes under Ujjawala P & R Schemes
24
No of Shelter Homes under Swadhar Scheme
33
MISSING PERSONS CASES – KARNATAKA
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
3304
2122
1182
3411
2214
1197
2010
4845
4234
611
4629
3840
789
2009
3996
3534
462
3801
3260
541
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
ODANADI’s two rehabilitation centres in Mysore house up to 85 young men, women and children
at any one time. Through its internationally recognised rehabilitation programme Odanadi aims
to educate, empower and eventually reintegrate victims of trafficking back into mainstream society.
Counselling and daily psycho-social therapies such as yoga, karate, art, drama, and traditional dance,
have been designed to build residents’ physical and mental strength, and prepare them for life outside
Odanadi.
159
Ministry of Women and Child, Government of India – September 2012
108
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State Reports
KERALA
109
Kerala
Kerala, which has the distinction of having achieved the highest levels of female literacy, education and health
and the lowest maternal and child mortality rates in India, as well as an enviable male – female ratio, it is also the
state which is facing severe challenges on other front. The problem of sexual violence against women and children
both within the family and outside is becoming a serious concern. Commercial sexual exploitation of women and
children takes place in various forms including brothel-based prostitution, sex tourism, entertainment industry and
pornography in print and electronic media. Most of the victims are trafficked with promises of jobs, better career
prospects and marriage. Some are inducted forcibly through blackmail, threat or abduction.
Increasing child labour in the wake of the influx of migrant labourers into Kerala in the last ten years has begun to
assume serious proportions of human trafficking. Interventions by Childline officials at different places in the state
have revealed that children, particularly from Tamil Nadu, are being trafficked into Kerala for labour in unorganised
sectors. Seven teenagers working in small-scale cottage industries were rescued by Childline160.
Intelligence agencies in Kerala have submitted their report (2012) to the State Government on child trafficking and
pointed out that child trafficking from other states is on the rise. Children are being brought to orphanages in Kerala
and made to work as help in houses, flats and hotels. The report included an incident where 21 children and an agent
were caught by the police when they were being brought to an orphanage in Wayanad from Manipur. Children from
Manipur, Nagaland, Bengal, Odisha and Tamil Nadu are being brought to the state, mainly to orphanages, through
forged documents. The report also indicates that thousands of orphanages work only to grab money by showing the
number of orphans.
Rackets specialised in trafficking of women from Kerala for prostitution in the Middle East region has also been
reported. As UAE and some other countries have adopted stricter screening before issuing house maid visa, many
sex racket operators are now bringing in victims as performers for cultural events for hotels. At Kerala Airport,
security is stricter, victims recruited from Kerala for flesh trade in Gulf leave mostly through Chennai Airport. Other
ports used by the racket are Coimbatore, Hyderabad and Bombay. Prostitution racket operators of the Gulf pay
Rs 25,000 (USD 465) plus air ticket to recruitment agents for each victim recruited. These agents approach poor
families in Kerala and offer jobs as house maid and trick them into the trade161.
A flourishing network of agents and pimps are allegedly luring Indian girls to Dubai for prostitution after promising
them jobs as housemaids162. In 2011, 178 runaway housemaids approached the Indian Embassy for help in Gulf
countries, out of these 64 victims were from Kerala163.
There are no designated red light areas in Kerala. Coastal areas of Kerala have emerged as the destination areas of
various sex rackets. These places are mostly tourist places and there is a demand for such activities. Kerala has a
very high number of mobile sex workers who work as part of the organised crime.
Government Initiatives
The Government has initiated the State Advisory
Committee to combat trafficking and prostitution. The
Kerala Police has issued a circular 14/2004 where it
has instructed all district units to conduct surprise
checks and verification of persons taking young girls
and women under suspicious circumstances for the
purpose of trafficking at bus and railway stations. It has
There has also been an increase in sex
rackets running through internet services,
friendship clubs, escort services, spa and
massage parlours.
asked for raids to be conducted in such a manner that
http://www.thehindu.com/todays-paper/tp-national/tp-kerala/article3814716.ece, accessed on 14 August 2012
http://shodhganga.inflibnet.ac.in/bitstream/10603/456/18/18_chapter8.pdf, accessed on 17 August 2012
162
http://www.nriinternet.com/MIDDLE%20EAST/Dubai/2004_News/1_Prostitutation.htm, accessed on 17 August 2012
163
http://www.a1saudiarabia.com/2470-indian-embassy-helps-178-runaway-maids/, accessed on 17 August 2012
160
161
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pimps, brothel keepers and other exploiters are apprehended. The State Government has initiated ‘missing child
search and child protection home network’. This is being done through two NGOs, which are the nodal NGOs,
‘Don Bosco Vedu Society’ and ‘Sneha Bhavan Ernakulam’. It has also initiated a website www.missingchildsearch.
net . The focus of the project is to collect data on missing children and make efforts to trace them and to build a
multi stakeholder network of NGOs, government and the police regarding the problem of missing children and their
restoration. It is also the endeavour of the government to ensure that details of each and every missing person
is included in the website as fast as possible for a quick search response. The State Government has launched a
comprehensive programme for operationalising the policy covering various aspects such as prevention, protection,
anti-trafficking measures, economic empowerment, health care, education, housing, legal reforms, creation of safety
nets, sensitization campaigns and creation of a corpus fund necessary for addressing the problem of sexual violence
against women and children and sex trafficking. This programme has been called NIRBHAYA164.
The policy addresses the need for planning and co-ordination
at the local body level, district and state levels for addressing the
deep rooted and underlying causes as also for taking adequate
measures for psychological support, economic empowerment and
re-integration so that the victims do not get drawn into an abusive
situation again on account of non-availability of other options. The
institutional preparedness and competence within the government
and in collaboration with civil society will be developed to sensitively
handle the problem.
The Kerala Police have been
specifically asked to keep a check
on the illegal orphanages as they
have been found to indulge in child
trafficking.
The State Government, under this scheme has set up a state level
The state government has
monitoring committee, district level monitoring committee and
launched a comprehensive policy
village level vigilance groups. The activities of these groups are being
called “NIRBHAYA” for addressing
coordinated by the Social Welfare Department. The State Government
the issue of human trafficking in
has also initiated Anti Trafficking Squads in every district headed by
Kerala.
an officer not below the rank of Deputy Superintendent of Police.
The Anti-Trafficking Squad is being supported by the District Social
Welfare Officer, Probation Officers, Protection Officer, Social Workers and other NGOs who are specially sensitized
and trained for rescue and rehabilitation. All the members of this Squad are being trained by professionals so that
they are able to work with a correct gender perspective and can offer comfort, care, and hope to the victims.
Under the Integrated Child Protection Scheme, 14 District Child Welfare Committees have been formed. The State
Government has also initiated a process for putting in place the Child Protection Units. It has also initiated 17
Special Juvenile Police Units and Juvenile Police officers who are sensitized towards child rights issues have been
appointed. The state has also set up 28 protection homes for children. Kerala has set up one Ujjawala Home for
rehabilitation of trafficked victims.
Anti Human Trafficking Units
Kerala has set up 6 AHTUs. A Deputy Superintendent of Police rank officer has been made the nodal officer of each of
the AHTU. The units work in collaboration with NGOs and other government stakeholders. The Kerala Police issued
a detailed notification vide circular no 12/2011.These units have been asked to proactively take up cases of human
trafficking. All police units have been asked to refer the trafficking cases to these units. The state police have been
asked to carefully investigate the cases of human trafficking and ensure that all evidence is collected. The Kerala
The policy fully acknowledges the fact that sexual violence against women and children and sex trafficking are serious offences and
declares its deep and steadfast commitment to provide relief to the victims and to prosecute the perpetrators besides creating a safe and
enabling environment for women and children
164
Police have also issued a circular No 32 /2009 with regard to missing children. The circular among other things
clarifies the process of investigation and gives clear instructions to the police to treat this as a grave offence. The
AHTUs have initiated state level Training of Trainers workshops and district level workshop on police sensitization
has been started. The Advisories issued by the Ministry of Home Affairs have been widely circulated. Kerala has not
yet launched the victim compensation scheme.
KERALA – PROTECTION MECHANISMS AT A GLANCE165
No of Anti Human Trafficking Units (Districts)
6
No of District Child Protection Units
16
No of Child Protection Homes
76
No of Special Juvenile Police Units
38
No of Child Welfare Committee
30
No of Homes under Ujjawala P & R Schemes
24
No of Shelter Homes under Swadhar Scheme
33
MISSING PERSONS CASES – KERALA
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
1054
831
223
1850
1480
370
2010
1037
895
142
2072
1826
246
2009
996
868
128
2106
1846
260
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
165
Ministry of Women and Child, Government of India – September 2012
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State Reports
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113
Madhya Pradesh
Madhya Pradesh mainly remains the source and destination state for trafficking. Twenty nine districts of the state have
reported trafficking to various parts of the country for commercial sexual exploitation, bonded labour and coerced
marriage purposes. Women from Odisha are trafficked into the State for bonded labour and coerced marriages.
Women from Madhya Pradesh are trafficked to Bihar, Delhi, Gujarat, Haryana, Punjab, Maharashtra, Pondicherry,
Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal. From Madhya Pradesh, girls are trafficked in the guise of
migration for coerced or forceful marriage, domestic servants and agricultural labour in Delhi, Haryana and Punjab.
For a considerable number of women trafficked into sex work and domestic labour, Delhi is the destination point.
Trafficking of women to Delhi as a transit point and then to other destinations such as Haryana and Punjab has also
been reported166.
In Madhya Pradesh, the denotified tribes of Banchada, Kanjar, Sansi and Bedia-Nut practise traditional prostitution.
The problem is multi-faceted. A large women trafficking network is active in the districts of Shajapur, Rajgarh, Guna,
Sagar, Sheopur, Morena, Shivpuri, Sagar and Vidisha. The girls are sold to brothels in the state, the neighbouring
state of UP (especially in Meerut and Agra), Rajasthan, and the rest of the country. Bedias women and girls spread
in 16 districts including those mentioned, constitute the mainstay of this traffic. Originally skilled in folk arts of
dance and music, rural acrobatics and black magic, Bedias just like the Bancharas adopted the peculiar practice of
introducing their eldest daughters into prostitution. The custom evolved, as a defence mechanism, when they adopted
an extremely nomadic lifestyle to avoid colonial administration. Because of their proximity to the prostitution dens in
Uttar Pradesh - the districts of Morena, Shivpuri, Bhind, Sheopur, Guna and those around the Chambal region - have
reported high incidents of such activities. Many of these bedia tribals have been indulging in kidnapping of young
girls from North India and then rearing them for prostitution.
In April 2012, Madhya Pradesh Police rescued 4 minor victims of human trafficking from Rajasthan. The victims
were trafficked from Hoshangabad in Madhya Pradesh. Eight traffickers were also arrested. The arrest showed the
modus operandi of the interstate trafficking gangs operating in Madhya Pradesh. The victims were being sexually
exploited and two of them were sold for forced marriage167.
Isolated recovery of abducted or trafficked girls in Mandsaur, Mandla, Dindori or Balaghat districts in recent months
provided a picture of the enormity of the crime of human trafficking. Out of the 57 girls rescued from the Banchhra,
24 were reported missing in police stations. The other girls who were rescued were not reported missing as they
were abducted at a very young age and are now grown ups and, therefore, it is difficult to trace them168.
In a case related to interstate trafficking, the police in tribal-dominated Betul district of Madhya Pradesh have so far
collected details of some 1,300 girls, who have gone missing from the district over the past few years. These victims
were allegedly lured by promising jobs in big cities and taken away from their villages by neighbours or acquaintances.
After leaving the villages, the families of the victims have not heard from them. A few girls, who managed to flee
narrated harrowing tales of how they were raped and forced into prostitution. In 2011, 21 victims were rescued by
the Mandsaur police. The police disclosed that the minor girls were being administered hormones and steroids for
fast growth to push them into prostitution. The village from which the girls were rescued houses 30 Banchra families,
who are scheduled castes and each family had at least one minor girl. It was alleged that each girl was sold to Banchra
families for prices ranging between Rs. 20,000 (USD 368) and Rs. 70,000 (USD 1290). A gang of 29 members has
been busted. It is believed that the gang used to kidnap minor girls from railway stations, bus stands and temples. The
police suspect that over 800 minor girls are still there in almost 16 Banchra bastis. In this case the police have asked
for permission to carry out DNA tests to corroborate maternity claims of women the girls are staying with. This case
also provides an insight of the human trafficking organised crime gangs operating in the region.
Madhya Pradesh –Trafficking and HIV Report –Shakti Vahini 2009, accessible at www.shaktivahini.org
http://ibnlive.in.com/generalnewsfeed/news/human-trafficking-racket-busted-two-women-among-eight-held/983051.html,accessed on 04
July 2012
168
http://www.dnaindia.com/mumbai/report_9000-minor-mp-girls-go-missing-in-20-months_1601050, accessed on 12 August 2012
166
167
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In another incident, 16 minor girls were rescued from a brothel in Malhargarh of Mandsour district of Madhya
Pradesh. The gang used to pick their victims from temples and other crowded areas like market places. The victims
were lured and abducted by the gang from different locations in Indore, Ujjain and Mandsaur. The little girls were
being held in captivity so they could join the traditional occupation of the 'Banchra' tribe. Police investigating this
case have said that female infants from adjoining districts are being kidnapped so they may join the flesh trade and
earn for the tribe.
In the last five years (2006-2010) as per the NCRB Report, a total of 3,484 children are found to be untraced as per
the Madhya Pradesh missing children data out of which a total of 2,172 girls are missing.
Government Initiatives
For the eradication of prostitution
The Madhya Pradesh Government has notified a State Level
among the denotified tribes in Madhya
Committee to monitor the schemes for the eradication of
Pradesh, the Government of Madhya
prostitution in 2001. Since in Madhya Pradesh, the problem
Pradesh has been running a special
of trafficking is from the denotified tribes, 2 members of the
scheme for overall care and protection for
tribe were also made part of the State Advisory Committee.
the girl child called the Jabala Yojana.
The State Government has notified the State rules under the
Immoral traffic Prevention Act 1956 and also notified a list
of Advisory board of social workers as per the provision of the Immoral Traffic Prevention Act to assist the police
during raids and rescue. These committees though nominated have not been active. The State Government has also
notified the Special Police Officers under this Act.
Under the Jabala Yojana the State Government has created Ashrams. This scheme is presently running in the
district of Morena, Sagar, Ujjain, Rajgarh, Chattarpur, Raisen, Vidisha and Ratlam. It is very important that the State
Government takes up empowerment of these communities in a planned holistic manner as police data has shown that
these communities have been indulging in organised crime and are responsible for the kidnapping rackets operating
in Northern and Central India. The Government of Madhya Pradesh had not implemented the Victim Compensation
Scheme till August 2012, though it is mandated to do so under the Code of Criminal Procedure.
The Government of Madhya Pradesh has approved 14 Swadhar homes. These homes, though established under
central government schemes are basically run by NGOs. The Madhya Pradesh Government though has recommended
12 organizations for the Ujjawala Programmes, the same has not been approved by the Ministry of Women and
Child, Government of India.
Though the ICPS scheme has been on the roll out since 2010, the implementation of the scheme has been slow. The
Child Welfare Committees though in place in all districts are very poorly paid and work without any infrastructure
or documentation facilities. There is no SOP in place for running of these committees. Under the Juvenile Justice
Act, these committees are the designated authority and are empowered as a bench of magistrate for care and
protection of the children. In the present justice system procedures, the Child Welfare Committees have to play a big
role in rehabilitation and repatriation of trafficked children. Even statement of victims in front of the Child Welfare
Committees and the Home Investigation report for repatriation of the child has an effect on the outcome of the case
in the trial courts and the documentation process continue to remain very poor.
Anti Human Trafficking Units
Madhya Pradesh has been allocated 16 AHTUs out of which 8 are now functional. In the year 2011-12, 33 cases
have been registered and 235 persons have been arrested. A total of 125 children and 27 women victims have been
rescued. The Madhya Pradesh police have also established 47 women desk in police stations across the state. The
State Government has held several training programmes for the police and prosecutors. Training of Trainers Course
has been launched. The Advisories issued by the Ministry of Home Affairs has been widely distributed across the
state to all District Police. The Madhya Pradesh Police has been trying to prioritise the issue of human trafficking
by holding various seminars and training programmes. The district level trainings have yet to be implemented. The
Madhya Pradesh AHTU has undertaken several interstate police operations to rescue and recover victims of human
trafficking.
MADHYA PRADESH – PROTECTION MECHANISMS AT A GLANCE169
No of Anti Human Trafficking Units (Districts)
16
No of District Child Protection Units
50
No of Child Protection Homes
24
No of Special Juvenile Police Units
50
No of Child Welfare Committee
48
No of Homes under Ujjawala P & R Schemes
1
No of Shelter Homes under Swadhar Scheme
14
MISSING PERSONS CASES – MADHYA PRADESH
Year
Missing Children
Reported
Traced
Missing Women
Untraced
Reported
Traced
Untraced
2011
-
-
-
-
-
-
2010
10720
9689
1031
9196
7798
1031
2009
9498
8730
768
8266
7293
973
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012).
169
Ministry of Women and Child, Government of India – September 2012
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State Reports
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117
Maharashtra
Maharashtra has a large migrant population. Urbanisation had attracted migrants, especially to Mumbai and other
major cities. Nearly half the population in Mumbai, Thane region, Nagpur and Pune division constitutes migrants.
Migration both in and out of the state is very high in comparison to other major states in the country. The 2001
census reports the number of in-migrants and out-migrants for Maharashtra, with the highest number of migrants
coming from Uttar Pradesh, followed by its neighbouring states like Karnataka, Gujarat and Madhya Pradesh.
Maharashtra is a source, destination and transit route for trafficking in women and children and is considered one of
the high trafficking zones for women in prostitution. Kamathipura in Mumbai is the oldest and Asia’s second largest
red-light district. Trafficking of women and children is a deeply entrenched and growing phenomenon in droughtprone districts of Marathwada such as Latur, Osmanabad, Beed and Nanded. While poor rainfall and irrigation
facilities in Marathwada limit the scope for agriculture, landless farmers, dalits and other minority groups have had to
survive here under tremendous pressure. Social injustice and exploitation, both cultural and economic is common.
Recurrent droughts as experienced in the region have resulted in depletion of economic livelihood creating great
pressure for rural masses to migrate in search of economic sustenance. The prevailing state of distress in the region
combined with poverty and illiteracy makes most migrant persons dependent on agents who show them illusion of
all kinds including job and marriage as an end to their misery and deprivation. In such circumstances, women of
marginalized communities easily become commodities. Rendered option-less by the situation and with the challenge
of ensuring the survival of the family, women become more and more gullible to be deceived or forced to look at
other options for sustenance. Women who are separated from their families are particularly more vulnerable170.
An average of 28 people went missing from Mumbai every day over the last two years, the highest among
Maharashtra's 35 districts171. Belgaum and Kolhapur are common districts from where women migrate to the big
cities, as part of an organised trafficking network. Districts bordering Maharashtra and Karnataka, known as the
"devadasi belt," have trafficking structures operating at various levels. The devadasi form in Maharashtra is known
as murali, jogateen, and aradhini. The women here are in prostitution either because their husbands deserted them,
or they are trafficked through coercion and deception. Many are devadasi dedicated into prostitution for the goddess
Yellamma. Approximately 50,000, or half of the women in prostitution in Mumbai, are trafficked from Nepal172.
There are 225 brothels in Pune, 363 brothels in Thane and 45 brothels in Sangli district. Besides, there are pick up
points, lodges, hotels and bars which are used for sexual activity. The prostitution trend is changing gradually and
is operating as beauty/massage parlours, escort services, home based, lodge based, contract based and bar based
brothels.
The Pune police rescued as many as 150 minor girls and 243 women from the prostitution racket and sealed 21
brothels between January - May 2010. The rescued girls and women mostly hailed from West Bengal, Bangladesh
and Nepal. Many of the victims especially minors were lured and then forced into prostitution. They come from poor
families from other states and do not know the local language. They are lured on false job promises and dragged
into sex rackets. The AHTU Pune repatriated 16 minor girls to Bangladesh on December 26, 2011. Still, 36 more
Bangladeshi girls are in rescue homes in Pune173.
The traffickers across Mumbai and Pune use several means to hide the victims of trafficking. In July 2012, the
Mumbai Police has written to the Municipal Corporation as well as the local police, asking them to search the beer
bars in their respective areas and keep a record of the layout plan ready in case of emergencies174.
http://www.sascv.org/ijcjs/renusharma.html, accessed on 12 August 2012
http://articles.timesofindia.indiatimes.com/2011-03-14/mumbai/28687441_1_maharashtra-mumbai-trafficking, accessed on 22 August 2012
172
http://www.uri.edu/artsci/wms/hughes/india.htm, accessed on 12 August 2012
173
http://www.expressindia.com/latest-news/city-police-leads-in-action-taken-against-prostitution-rackets/955996/, accessed on 12 July 2012
174
http://articles.timesofindia.indiatimes.com/2012-01-07/mumbai/30601735_1_bar-girls-prostitution-racket-immoral-trafficking-act,
accessed on 12 July 2012
170
171
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In 2011, 7 Bangladeshi women were arrested for allegedly being part of a prostitution racket that operated from
nearby Musalgaon industrial area. The arrests were made after police had busted a flesh trade racket from the area
near Sinnar on Nashik-Pune highway. It was revealed during investigation that the arrested girls were Bangladeshi
nationals following which they were formally arrested. Police also apprehended 4 Bangladeshi men for illegally
staying in India without passports and running a human trafficking racket175.
In another rescue operation which shows the interstate nature of trafficking in Maharashtra, 36 girls were rescued
by the AHTU Mumbai . The victims hailed from Choutuppal, Huzurnagar and Kodhad areas in Nalgonda district176.
There have also been reports of victims being sent to the Middle
East for prostitution and trafficking through various recruiting
agencies. A Social Service (SS) branch team busted a flesh trade
syndicate and rescued 37 Mumbai-based bar girls who were about
to board a flight to Dubai from Delhi in August 2012. The women
were set to take an Air India flight from Indira Gandhi International
Airport. Usually victims leave the country posing as dancers and
once they reach the destination, they are forced into prostitution.
Maharashtra has established a
Fast Track Court in Mumbai, which is
instrumental in speedy trial of cases
of human trafficking.
Cities like Mumbai, Pune, Nagpur, and Aurangabad are the destination points. From Mumbai victims are trafficked
to Rajasthan, West Bengal, Andhra Pradesh, Karnataka and vice versa. The route of trafficking from the states like
Gujarat, Punjab, Madhya Pradesh, Uttar Pradesh, North East States, Odisha, Tamil Nadu, Kerala to Maharashtra
is very active. Besides, girls are also being trafficked from Nepal and Bangladesh. Increase in trafficking from
Bangladesh and Burma was observed. In Maharashtra, intra state trafficking also takes place from the districts like
Solapur, Latur, Nanded and Parvani.
Government Initiatives
The Maharashtra Government has taken many proactive
The State government has appointed
measures to combat human trafficking. In 2007, the
social workers for 35 districts as per
Maharashtra Government prepared a State Plan of Action with
the requirement of Immoral Trafficking
the participation of different departments to combat human
Prevention Act 13 subsection 3(b).
trafficking. The state has constituted a District Level Advisory
Committee under the chairpersonship of the Superintendent of
Police/Deputy Commissioner of Police in all districts. Under the
Addl. Home Secretary (Home), a State level Advisory Committee was also formed to combat trafficking. To work on
anti trafficking, 7 tourism police squads have been set up in Mumbai. The State Government has set up a Task Force
for speedy and proper repatriation of rescued victims of Bangladesh. Regular sensitization workshops for senior
police officials, officials of judiciary, CWCs and officials of WCD in 31 districts were organized.
The Department of Women and Child Development has prepared a special scheme for vocational and technical
training for sex workers in the state177. The State Government has issued protocols for rescue, rehabilitation,
repatriation of victims and trials of accused. Significantly, Maharashtra Government has repatriated 75 victims of
Bangladeshi origin since 2008 and 30 are in process. The Government of Maharashtra has issued a circular no.
DGP/42/PAW/Trafficking/ SLAC/2009 dated 14/1/2009 for protection measures of trafficked victims. According to
this order the safety of the victim should be taken care of and in no way the victim should come in contact with the
trafficker/accused.
http://zeenews.india.com/news/maharashtra/7-bangladeshi-women-held-on-prostitution-charges_766725.html, accessed on 12 July 2012
http://news.fullhyderabad.com/hyderabad-news/ap-girls-lured-into-sex-trade-police-raid-maharashtra-brothels-3043.html, accessed on 12
July 2012
177
Govt. circular dated 1st July, 2011
175
176
Maharashtra is running ‘Homes’ and ‘Shishu Grehs’ under the Integrated Child Protection Scheme (ICPS). There are
91 various kinds of Child Protection Homes running in Maharashtra under the ICPS. The state has 35 Child Welfare
Committees. Special Juvenile Police Officers have been appointed (one officer in each police station) vide Message
no. 445/10 dated 9/7/2010178. There are 28 Juvenile Justice Boards set up in Maharashtra. The chairpersons of the
boards are either the Chief Judicial Magistrate or the Judicial Magistrate of First Class179. In Maharashtra altogether
35 Child Protection Units were set up under the ICPS.
The Maharashtra Government has regularly been distributing the manuals/correspondence/advisories on Immoral
Trafficking Prevention Act, Child Labour Act and Juvenile Justice Act with district administration officials and police
units180.
Missing Statement of Children
The data of last ten years of the missing children in Maharashtra shows the number of missing children is consistent
throughout the ten years with a sudden increase in 2006 to 3,463 whereas in 2001 the number of missing children
was 2,564 and in 2010 it was 2558. The prosecution rate is comparatively good in Maharashtra. During these 10
years the maximum numbers of cases prosecuted is in 2006 and the number is 55. The details of the missing data
of children in Maharashtra are as follows181:
From 2001-2010 a total 28,625 children went missing out of which 26,666 were traced and 1,959 continue to remain
untraced. For the missing women data 26,450 women were reported missing out of which 23,450 were traced
and 3,000 continue to remain missing. Though the missing women and children data continues to be consistent,
Maharashtra is one of the few states were the number of missing persons traced or recovered continues to be very
high which is an indicator of proactive policing.
Anti-Human Trafficking Unit
The establishment of AHTUs in Maharashtra has brought a significant change in combating human trafficking. There
are 12 AHTUs in Mumbai, Thane City, Thane Rural, Pune, Sangli, Nagpur, Ahmednagar, Kolhapur, Yavatmal, Navi
Mumbai, Solapur and Beed. All the AHTUs are equipped with infrastructure like vehicles including four wheelers and
two wheelers, furniture, mobile and landline phones.
The team of Anti Human Trafficking Units consists of 15 police officers in each AHTU which includes 1 Assistant
Police Commissioner, 1 Police Inspector, three Sub Inspectors (1 woman police officer) and 10 Head Constables
(5 women). The State Nodal Officer of Maharashtra took the initiative to include two NGOs and an officer from the
Women and Child Development Department in the AHTU team. After the establishment of the AHTUs in Maharashtra
altogether 478 rescue operations were conducted and 2,683 victims were rescued with the arrest of 1,558 traffickers.
In Maharashtra, the Special Police Officers to combat human trafficking is also notified. Police Inspectors working
in the Social Service Branch and District Crime Branch of Maharashtra Police have been notified as Special Police
Officers for the purpose of Anti Human Trafficking.
A State Level Advisory Committee was constituted under the Chairmanship of ACS (Home) to combat human trafficking
in Maharashtra. The committee meets quarterly to discuss about the strategy of the committee in combating the
menace. The state has also drafted a State Action Plan for Anti Human Trafficking Initiatives.
RTI reply received from Assistant Police Commissioner, Police Commissioner Office, Mumbai.
http://www.ncpcr.gov.in/Reports/Maharashtra_Report.pdf
180
RTI reply received from Assistant Police Commissioner, Police Commissioner Office, Mumbai.
181
RTI reply received from Assistant Police Commissioner, Police Commissioner Office, Mumbai
178
179
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The Nodal Officer of AHTUs, Maharashtra has been maintaining
a good inter departmental relationship with the Department
of Women and Child Welfare for the speedy restoration and
re-integration of victims of human trafficking. The AHTU is
also conducting regular meetings with the Nodal Officers and
the officials of Women and Child Welfare Department.
121
Maharashtra has drafted a State Action
Plan for Anti Human Trafficking initiatives.
A State Level Advisory Committee has
been constituted under the Chairmanship
of ACS (Home) to create convergence
among all stakeholders.
The Maharashtra Police has been regularly conducting
training cum workshops for the police officers, AHTUs, NGOs and prosecutors. Seventeen state level Training of
Trainers (ToTs) and 6 district level workshops on Anti Trafficking have been organized. Altogether 35 officers from
the state, including Nodal Officers have enrolled in the Anti Trafficking courses under Indira Gandhi National Open
University (IGNOU). The proposal for 70 more officers for enrolment in the same course is under consideration by
the state.
NGOs like ‘Rescue Foundation’, ‘Prerna’ and ‘Stree Adhar Kendra’ are the proactive partners of the Maharashtra Police
in combating human trafficking. NGOs are playing an important role to maintain coordination, home verification,
repatriation, re-integration and rehabilitation of victims.
The AHTU Maharashtra extends its maximum help to the
states police like Andhra Pradesh, West Bengal, Mizoram
and Assam for interstate rescue operations. In a remarkable
rescue operation in 2011, 115 girls were rescued from the
brothels. Out of these, 64 girls are from West Bengal, 34
from Bangladesh, 11 from Andhra Pradesh, 2 each from
Maharashtra and Jharkhand and 1 each from Chhattisgarh and
Uttar Pradesh. In the year 2011, 17 Interstate Co-ordination
Rescue Operations were conducted in which victims from
Nepal and Bangladesh was also rescued.
Maharashtra AHTU has compiled a
booklet containing the photograph and
details of the 78 Bangladeshi victims
and shared the same with the Ministry of
Home Affairs and Bangladesh Consular
Minister in 2012.
Cross Border Rescue and Repatriation of Victims
Maharashtra witnessed a large number of cross border trafficking cases from Nepal and Bangladesh. Cases from
Myanmar were also witnessed. To deal with this, AHTUs in Maharashtra prepared their own strategy and worked on
it. The AHTU compiled a booklet containing the photograph and details of the 78 Bangladeshi victims and shared
the same with the Ministry of Home Affairs. Out of 78 victims, 34 have already been repatriated and the process
for repatriation of the rest of victims is in process. The booklet was also handed over to the Bangladeshi Consular
Minister on his recent visit to Pune in February 2012. The problem of cross border human trafficking was also
discussed with him so that the same can be addressed with the pro-active intervention of the governments. The
AHTU concerned officer also shared the data of human trafficking with the Consulate Minister.
The AHTU of Maharashtra was instrumental in closing down 78 brothels in 2011. The police team rescued minors
from these brothels and registered cases against the brothel keepers. Later the Hon’ble Court in its verdict ordered
for closure of brothels and stringent punishment against the brothel keepers. Since the establishment of the AHTU
in Maharashtra, altogether 478 rescue operations were conducted and 2,683 victims were rescued. Police also
registered 372 cases and arrested 1,558 traffickers. Training material such as ‘Standard Operating Procedures on
Investigating Crimes of Trafficking for Commercial Sexual Exploitation” by UNODC, Regional Office for South Asia
were translated in Marathi and circulated to all the AHTUs for upgrading their investigation skills182.
http://www.unodc.org/pdf/india/sop_investigation_131207.pdf
182
The Commissioners of Police of 9 Commissionerates delegates ware empowered under Sec. 18 and 20 of the
ITPA by the government in June 2009 to order for closure of brothels. Altogether 78 brothels were closed down.
The reports of missing children are regularly being shared with the CBI in the prescribed format with a copy to the
Ministry of Home Affairs. Till April 2012, a database of 292 traffickers was shared with the Ministry of Home Affairs.
MAHARASHTRA – PROTECTION MECHANISMS AT A GLANCE183
No of Anti Human Trafficking Units (Districts)
16
No of District Child Protection Units
35
No of Child Protection Homes
91
No of Special Juvenile Police Units
35
No of Child Welfare Committee
35
No of Homes under Ujjawala P & R Schemes
14
No of Shelter Homes under Swadhar Scheme
47
MISSING PERSONS CASES – MAHARASHTRA
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
-
-
-
-
-
-
2010
14823
11700
3123
15353
11293
4060
2009
13099
10952
2147
13584
10939
2645
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
Ujjawala and Swadhar Data, Ministry of Women and Child, Government of India – September 2012. All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
183
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State Reports
MANIPUR
123
Manipur
Manipur a state in the North East of India, shares international borders with Myanmar, and has emerged as a high
source area of trafficking in North East India.
The highest number of child-trafficking cases in Manipur was recorded in 2010 with as many as 139 children from
the state found trafficked to other states in the name of giving free education and jobs. There were cases of 97
trafficked children in 2009, 22 children in 2008 and 5 in 2007.
Following reports of 76 children from Assam and Manipur being rescued from "homes" run by missionaries in Tamil
Nadu, the Supreme Court in the first week of April ordered a probe into a possible trafficking racket involving tribal
children. Appalled by the growing number of trafficking cases from the North East especially Manipur, the Supreme
Court passed an order that imposes a ban on sending out children below the age of 12 years or those in primary
schools to other states to pursue education. The Court also directed Ministry of Development of North East Region
(DONER) looking after the development affairs of the north east region to assess requirement in terms of educational
infrastructure such as construction of school buildings, hostels and children's homes in consultation with the states
of Assam, Nagaland, Manipur, Arunachal Pradesh and Meghalaya and submit a report to the Ministry of Human
Resources Development for support. The main factor behind parents sending off their ward to other states is for
better education at free cost as promised by the traffickers who are mostly missionaries. The National Commission
for Protection of Child Rights (NCPCR) studied the ground realities of the trafficking cases and submitted a report to
the Supreme Court after which the verdict on imposition of banning children who are 12 years and below in pursuing
study outside their respective states of North East India was passed. The Commission also convened meetings of the
North-Eastern States and the destination States in working out a coordination plan for State to State mechanisms.
There are still thousands of children from Manipur trapped in illegal homes operating in the country184.
In April 2012, on the intervention of the Child Welfare Committee and in collaboration with NCPCR and NGO Shakti
Vahini, 3 children from Manipur were rescued from a shelter home being run by a missionary in Uttar Pradesh.
Twenty three children were repatriated from Kerala on the intervention of the Child Welfare Committee in August
2012. These children were trafficked to Kerala after giving false promises to their parents by 5 alleged child traffickers.
The children who are in the age group of 10 to 13 years had been staying in Precious Home at Kochiyam in Kerala,
(which is not registered under the Juvenile Justice Act) for the last two years after the alleged five child traffickers,
all from Ukhrul district of Manipur, took them away on the pretext of giving them free education185.
In cases of child trafficking in Manipur, most of the victims were from the hill districts. The major cause or factor
for the crime is non-functional government schools. The parents prefer good education or simply education for their
children. The only alternative is to send their wards to private schools at a nearby town or somewhere else. Poverty
is one of the reasons why children get pushed into trafficking. Poverty leads to deprivation of basic needs and harsh
living conditions leading them to look for better options elsewhere. The greater the intensity of impoverishment, the
higher is the risk of falling prey to trafficking. Traffickers exploit this situation and lure parents to believe that they
could provide free education to their children. The ignorance of the parents about child trafficking is another push
factor186. According to the data released by the Goa Police a total of 179 victims were rescued by Goa police in the
last three years. Among the rescued girls Manipur is the second largest with 31 victims hailing from the state. Most
of these victims have been trafficked from Manipur in the pretext of job opportunity and ultimately get sucked into
the sex trade running in the garb of massage parlours, spa, friendship clubs and escort services. Far flung villages
in hills where there is no income generation opportunity, very less farm productivity and back breaking poverty have
http://e-pao.net/epPageExtractor.asp?src=features.Child_Trafficking_Many_rescued_yet_dozens_of_minor_traceless_since_2010_Part_1.html.
http://www.hueiyenlanpao.com/headlines/item/3913-23-trafficked-kids-repatriated , accessed on 12 August 2012
186
http://kanglaonline.net/2011/09/child-trafficking-in-manipur-push-factors/,accessed on 12 August 2012
184
185
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125
reported an increase in trafficking. Traffickers have been sending children from Manipur to Andhra Pradesh, Kerala,
Tamil Nadu, Mumbai, Goa and Delhi. There have been cases of sex trafficking reported from Bangalore and Goa
where girls from Manipur were forced into the sex trade.
Government Initiatives
The State Government has allocated 9 ‘Swadhar homes’ in the state. There are no ‘Ujjawala homes’ in Manipur. The
State Government has been implementing the Integrated Child Protection Scheme (ICPS). The State Government
has initiated 4 AHTUs in the State. Advisories related to Missing Children and Human Trafficking has been widely
circulated across the state. Training of police officials and prosecutors has been initiated. District level training
programmes for police officials on the issue of human trafficking has been started. Manipur has initiated the Victim
Compensation scheme as mandated by the Criminal Procedure Code (Cr PC) Section 357(A). Victims of human
trafficking have also been made a special category.
MANIPUR – PROTECTION MECHANISMS AT A GLANCE187
No of Anti Human Trafficking Units (Districts)
4
No of District Child Protection Units
9
No of Child Protection Homes
13
No of Special Juvenile Police Units
11
No of Child Welfare Committee
9
No of Homes under Ujjawala P & R Schemes
2
No of Shelter Homes under Swadhar Scheme
18
Ujjawala and Swadhar Data Ministry of Women and Child ,Government of India – September 2012 All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
187
IndIa Country assessment report on Human traffICkIng
State Reports
MEGHALAYA
127
Meghalaya
Meghalaya has reported an increase in trafficking cases to Mumbai, Goa, Delhi, Bangalore, Chennai and Gurgaon.
Cases have been reported of recruitment agents operating in the region to supply skilled and semi skilled manpower.
Women who have been recruited by these agencies have been forced into the sex trade that operates as spas,
massage and beauty parlours, friendship clubs etc. Incidents of trafficking and rape are quite frequent in bordering
areas like Mendipatthar. A lot of cases go unreported, especially if the victims are minor. Children brought from Nepal
and Bangladesh form part of the workforce in unscientific, ecology-threatening coal mines of Meghalaya. Impulse
NGO Network188 - an organization working in the North East has estimated that 5,000 privately-owned coal mines in
Jaintia Hills employed some 70,000 child miners. Most of the child miners were being purchased or abducted and
sold by gangs in Nepal and Bangladesh to Meghalaya's mining mafia189. Meghalaya has reported sporadic cases of
prostitution. It has a long border with Bangladesh which is in many places porous and a sizeable amount of cross
border trafficking takes place through these points.
The NCPCR has recommended that the state undertakes
sensitization of the Anti Human Trafficking Units and police
stations in order to keep a strong vigil and keep watch on
the free movement of labour contractors/agents who indulge
in trafficking of children at the border and geographically
vulnerable areas. It has also recommended the state
authorities to take action against the coal miners who keep
child labour for mining.
A National Commission for Protection
of Child Rights (NCPCR) Report found
that a large number of children were
working in the coal mines which are also
called the rat hole mines.
Government Initiatives
The Government of Meghalaya has notified the State Advisory Committee to combat trafficking in 2005 for reviewing
the implementation of the National Plan of Action and for ensuring care, protection, treatment and rehabilitation of
victims of trafficking. ‘Impulse NGO’ is the nodal organization represented in the State Advisory Committee. The
state has also appointed Special Police Officers under the Immoral Traffic (Prevention) Act 1956. The state has
not initiated the Swadhar scheme till date. The Government has initiated a survey on sex abuse and trafficking of
women and children in Meghalaya in 2009. A state level survey on child labour has been conducted by ‘Impulse
NGO’ in collaboration with ‘Save the Children’ in the year 2010. The State Government, in collaboration with Impulse
has conducted several awareness programmes on human trafficking. Also several stakeholder meetings have been
organised. The State Government has initiated the finalization of the State Action Plan to combat trafficking. It has
issued instructions to maintain data on missing children in the state to all police stations. Steps have been initiated for
the formation of State Commission for Protection of Child Rights and also the formation of District Child Protection
Units. The State Government has initiated the implementation of Integrated Child Protection Scheme. Child Welfare
Committees have been appointed for all districts. The State Police has formed the State Juvenile Police Units as per
the provision of the Juvenile Justice (Care and Protection) of Children Act 2000. Meghalaya State has formulated a
Compensation Scheme for the victims of rape and human trafficking. The Meghalaya Victim Compensation Scheme
for rape and human trafficking victims is to ensure that those who suffer severe mental trauma and grievous injuries
get financial aid from the state. The scheme is mandatory for the State Government in accordance with Section
357(A) provided under the Criminal Procedure Code (CrPC). Victims will have to file complaints before the District
Legal Services Authority (DLSA) within 90 days from the date of occurnence of the crime. Meghalaya, despite being
predominantly inhabited by tribal communities who follow the matrilineal system, has been witness to numerous
crimes against women over the years.
188
189
www.impulseasia.org
http://www.impulseasia.org accessible at http://hrn.or.jp/activity/2011/02/08/201102_Meghalaya.pdf
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129
Anti Human Trafficking Units
The State Police has instituted three proactive AHTUs in Meghalaya. The Meghalaya Police has undertaken wide
distribution of the various advisories of the Ministry of Home Affairs. SSP (CID) has been appointed as Nodal
Officers for trafficking in all districts. Various training programmes have been initiated for police, prosecutors and
other stakeholders. The police have also initiated women police stations across the state. The State Police have been
conducting various raids and rescue operations for the protection of trafficked victims. A Handbook on Trafficking
in Persons has been distributed to all police stations and a state level SOP has been prepared and circulated to the
SSP level Officers.
MEGHALAYA – PROTECTION MECHANISMS AT A GLANCE190
No of Anti Human Trafficking Units (Districts)
3
No of District Child Protection Units
-
No of Child Protection Homes
-
No of Special Juvenile Police Units
7
No of Child Welfare Committee
7
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
0
Ujjawala and Swadhar Data Ministry of Women and Child ,Government of India – September 2012. All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
190
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State Reports
MIZORAM
131
Mizoram
Mizoram is one of the Seven Sister States listed in North Eastern India, sharing borders with the states of Tripura,
Assam, Manipur and with the neighboring countries of Bangladesh and Myanmar. Mizoram shares 318 kms border
length with Bangladesh and 510 kms with the international border of Myanmar191.
Human trafficking in Mizoram is through the porous international borders with Bangladesh and Myanmar. The
traffickers take the advantage of existence of similar ethnic groups living at the Myanmar border, which help them in
crossing the borders. There are Myanmarese who have infiltrated or were lured to Mizoram and became the victims
of domestic servitude, commercial sex etc. There are manpower agencies who are maintaining good links with the
source areas and lure mizo youths for better jobs in outside states and abroad as well. The traffickers generally leave
Mizoram by road as there is no railway connectivity in this area. From Mizoram they reach Guwahati, the State Capital
of Assam and from there they take trains to places like Delhi, Mumbai, Goa etc. There are no designated red-light areas
in Mizoram till date and there is no structured set-up in the operation of sex trafficking. As per the interventions of the
the Anti Human Trafficking Units, there is definitely a cause for alarm because of the rescue of Mizo girls trafficked in
other states like Goa, Mumbai and Haryana in 2011-12. Traffickers have started to establish their network in far flung
areas of Mizoram.
Government Initiatives
One of the outstanding initiative taken by the Government of Mizoram and the first of its kind in North Eastern states
of India is the ‘Mizoram Victims of Crime Compensation Scheme, 2011’. In exercise of the power conferred by Sec.
357A of CrPC, the Government of Mizoram in coordination with the Central Government framed this scheme for
providing funds for the purpose of compensation to the victims of crime or their dependent who have suffered loss
or injury as a result of crime and who require rehabilitation. In compliance with the Ministry of Women and Child
Development, the Governor of Mizoram notified the constitution of a State Advisory Committee for Preventing and
Combating Trafficking of Women and Children for commercial sexual exploitation. The Secretary, Social Welfare
Department, Government of Mizoram is the Chairman of this committee. The committee was given the responsibility
to conduct periodic visits to the Homes to assess their usefulness and the corrective measures required for effective
implementation192. The Mizoram Police used Mobile Technology and Internet as a tool to locate and connect
victims, thus leading to better coordinated action against traffickers. Whenever any missing complaint is received,
the Mizoram police first makes the General Diary (GD) entry in the police station. Then an Investigation Officer is
nominated for the enquiry and issuance of red alert notice within the state as well as the neighboring states, seeking
assistance from NGOs. There is also issuance of missing persons notice through the print and electronic media and
if a cognizable offence is committed, FIR is registered and investigation taken up193.
Anti-Human Trafficking Units (AHTU)
The Ministry of Home Affairs (MHA), Government of India has established 3 Anti Human Trafficking Units194. The
Mizoram AHTU has conducted police workshops and also conducted Trainings of Trainers workshop. The Mizoram
AHTU has proactively investigated several inter-state trafficking cases and has recovered trafficked victims from
Goa, Mumbai and Haryana.
http://www.borderdarshan.com/border_glance.html
Notification no. 12011/9/11-SWD, Govt. of Mizoram, Social Welfare Department. The notification number of this scheme is
D-32019/1/2005-HM dated December 5, 2011.
193
RTI reply received from SPIO & Asstt. Inspector General of Police, Mizoram, Aizwal.
194
Vide. MHA letter No. 6/1/2010 - NEI(V) dt 30.07.2010.
191
192
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MIZORAM – PROTECTION MECHANISMS AT A GLANCE195
No of Anti Human Trafficking Units (Districts)
3
No of District Child Protection Units
8
No of Child Protection Homes
18
No of Special Juvenile Police Units
8
No of Child Welfare Committee
8
No of Homes under Ujjawala P & R Schemes
0
No of Shelter Homes under Swadhar Scheme
1
Ujjawala and Swadhar Data, Ministry of Women and Child ,Government of India – September 2012 All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
195
133
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State Reports
ODISHA
135
Odisha
Odisha is a source area for trafficking of not only women and children, but also men under false contracts of labour.
Due to natural disasters like cyclones and drought, Odisha experiences a problem of migration. Under the guise of
migration, traffickers lure women and children for trafficking. Trafficking in the form of selling children for adoption
is prevalent in Odisha. Such rackets have been exposed in Cuttack and Phulbani.
Child prostitution is socially acceptable in some sections of Indian society through the practice of Devadasi. Young
girls from socially disadvantaged communities are given to the 'Gods' and they become religious prostitutes. This
system is prevalent in Odisha. Culturally sanctioned practices, including the institution of devadasi, existed in
Jagannath Puri, Odisha. Devdasis are also called ganika in Odisha. Many devadasis are attached to this temple even
today. Odisha also has a tradition of kasbi. Kasbi girl on attainment of adolescence are bargained by the mother who
makes a bargain with some rich man to be her first consort. After the ceremony she goes to live with him for as long
as he wishes to maintain her, and afterwards, takes up the practice of prostitution196.
The tribal district of Balasore, Malkangiri, Nayagarh, Kendrapara, Nabarangpur, Nuapada, Koraput, Rayagada, Ganjam
and Puri are worst affected by trafficking. The main trafficking routes in Odisha include Delhi, Mumbai and Pune via
West Bengal, are the most common destination for victims of Odisha. After this, the destinations are Haryana, Uttar
Pradesh, Rajasthan and Punjab. For commercial sexual exploitation girls are being trafficked to Bihar, Maharashtra,
and Uttar Pradesh from places like Baleswar, Kalahandi, Nabarangpur, Ganja, Sambhalpur. The demand for domestic
labour in Northern India has also fuelled trafficking of women and children through illegal placement agencies.
As per the data released by the Ministry of Labour, Government of India, Odisha has a serious problem of bonded
labour. The number of bonded labour in Odisha is very high as compared to rest of India. Till the year 2011, 50,029
bonded labour has been identified and released. Out of this 46,901 bonded labour have been rehabilitated under the
centrally sponsored scheme of the Ministry of Labour197.
Government Initiatives
The Government of Odisha has taken preventive steps to combat
A Special Task force has been
trafficking which includes ensuring enrolment of children under
constituted in Odisha for monitoring
Sarva Shiksha Abhiyan and implementation of the Right to Education
the Mahila and Shishu desk under
Act. The government has focussed on implementation of Child
the Principal Secretary.
Labour Projects and empowerment of women under Mission Shakti.
Protection Officers under Protection of Women from Domestic
Violence Act have been notified in all 30 districts. They have been
advised to keep a special watch on vulnerable women and coordinate with AHTU if need arises. The State Police
Academy has been undertaking intensive training of all police officers posted in Mahila and Shishu Desk.
The State Government on the observation of the Special Rapporteur, NHRC issued an advisory to all Child Welfare
Committees in Odisha stating not to allow release of traffickers under Personal Bond and take strict action against
them as per the law and refer the case to the Office of Inspector General, Crimes. It also asked for a strict compliance
of the Advisory issued by the Ministry of Home Affairs, Government of India.
The State Level Coordination Committee has been constituted in 2008. The State Government has prepared a
compendium of various legislation and court orders and the same has been widely circulated across all agencies.
Child Welfare Committees have been notified in all districts. The State Child Protection Society is now functional. All
District Child Protection Units have been made functional. Fifteen open shelters and 15 NGO run protection homes
have been sanctioned under the ICPS.
196
197
NHRC Action Research - Trafficking in Women and Children in India, National Human Rights Commission, Orient Longman, 2005
http://labour.nic.in/cwl/ChildLabour.htm -Ministry of Labour , Government of India , 2011 accessed in August 2012
136
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137
The technical and vocational training for the female sex workers and the victims of sexual abuse are being conducted
through the projects run under ‘Swadhar’ and ‘Ujjawala’ scheme.
Monitoring of Swadhar Home and Ujjawala scheme has also been strengthened in the recent years in Odisha198.
The Women and Child Development Department of Odisha coordinated with the Departments like Law, Finance,
Labour and Employment, Heath etc. for formulating a rehabilitation scheme for the women in commercial sexual
exploitation199. The state has issued notification for ensuring minimum standards of care and protection in children
homes200.
ICPS in Odisha supports the State Child Protection Society and also
Odisha has issued notification for
assists in the formation of Juvenile Justice Board, Child Welfare
ensuring minimum standards of care
Committees, and Special Juvenile Police Unit in each district and
and protection in children’s homes
designates a Child Welfare Officer in each SJPU and formation
and various rehabilitation homes
of Child Protection Unit in each district. The creation of the ICPS
under the Ujjawala Scheme.
network has strengthened the Child Protection Mechanism as well
as anti child trafficking in Odisha. In Odisha, 29 Child Protection
Homes under ICPS have been set up. There are 30 Juvenile Police
Units and 30 Child Protection Units in Odisha. All the districts of Odisha have Child Welfare Committees, i.e., 30 Child
Welfare Committees201.
In Odisha there are 15 protection and rehabilitation centres under the Ujjawala Scheme. Till August 2012, 45 Swadhar
Homes for the rehabilitation of trafficked victims have also been established202. The scheme is meant to provide
temporary accommodation, maintenance and rehabilitative services to women and girls rendered homeless due to
family discord, crime, violence, mental stress, social ostracism or are being forced into prostitution.
An analysis of missing children and women data as released by the National Crime Records Bureau shows that
there is an increase in numbers over the years. Odisha is a state where the percentage of children and women who
continue to remain missing is very high. The data on missing children and women is self explanatory in terms of the
presence of organised crime and the need for the law-enforcement machinery to take immediate and appropriate
steps in locating the missing persons.
Anti-Human Trafficking Units (AHTU)
The AHTUs were initiated in Odisha in March 2011 with the crime branch as the nodal office. In a short period of
one year, the AHTU initiated several steps to counter trafficking. The Government of Odisha in order to address the
issue of trafficking established 6 AHTUs in the state during 2011 on the parameters of an integrated approach of
various stakeholders of both government agencies and NGOs in a coordinated manner. The functional competence
as well as achievements of those AHTUs has resulted in significant outputs in combating trafficking. Moreover,
the establishment of such units have created sensitization amongst the general public against human trafficking.
The AHTUs have undertaken several rescue operations across the state and also outside, leading to the busting of
various rackets. With the establishment of AHTUs in Odisha, a number of women and children have been rescued
The notification dated January 7, 2010 was issued to all State Secretaries for the monitoring of the Swadhar Homes. The District
Magistrate was directed to monitor the same at least once in a month regularly and submit proceeding report to the State Secretaries and
after examining the reports of District level committee, the reports may be forwarded to the Ministry of Women and Child , Government of
India.
199
Response affidavit on behalf of State of Odisha to the Hon’ble Supreme court in the matter of Budhadev Karmakar Vs State of West Bengal
200
Department of Women and Child Development, Govt. of Odisha issued a notification dated march 4, 2011 to all the district Collectors on
‘Protection of Children in Various Child care Institutions’. The District Collectors were directed to initiate the steps like update database of
Child Care Institutions in the district, Registration of Child Care Institutions under J J Act, Code of Conduct and protection policy, Designate
a staff as protection officer and lady warden, establish independent monitory mechanism, Institution as last resort. They were also directed
to ensure the display board in all the child care institution.
201
http://wcd.nic.in/icpsmon/st_cwcaddresslist.aspx
202
RTI reply received from the Govt. of Odisha.
198
and traffickers have been arrested. Odisha AHTU has undertaken several trainings and sensitization programmes
across the state for police personnel. It has also undertaken Training of Trainers workshops in order to ensure that
training is organised at the district level.
Advisories on missing children, human trafficking and combating cyber crime against children have been circulated
to all the district police units. Profile of traffickers are being maintained in CID, AHTU and shared with MHA, CBI
and DCP (Crime Branch) Delhi for taking follow up action. Since Delhi is an important destination, Delhi Police is
being kept informed about the placement agencies run in Delhi for the purpose of keeping trafficked victims. The
partnership between NGO and AHTU in Odisha has been actively maintained in addressing trafficking issues.
Effective inter-state and inter-district coordination are being maintained with Women and Child Department,
Prosecution Department, Labour Department, Health Department and local NGOs. DCP (Crime Branch), Delhi is
being kept informed about the placement agencies allegedly trafficking children from Odisha and employed as
domestic help in Delhi for necessary action. Traffickers’ profile are being maintained and furnished to NCRB, MHA,
CBI and Deputy Commissioner of Police, Delhi.
Proactive steps and special drives are being taken up by the State AHTU to trace the missing girls and boys. Advisory
on missing children issued by MHA, New Delhi has been circulated to all concerned officials and all district police
SSPs.
ODISHA – PROTECTION MECHANISMS AT A GLANCE203
No of Anti Human Trafficking Units (Districts)
12
No of District Child Protection Units
30
No of Child Protection Homes
29
No of Special Juvenile Police Units
30
No of Child Welfare Committee
30
No of Homes under Ujjawala P & R Schemes
15
No of Shelter Homes under Swadhar Scheme
45
MISSING PERSONS CASES – ODISHA
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
-
-
-
-
-
-
2010
2521
1177
1344
2310
898
1412
2009
1882
668
1214
1698
465
1233
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
Ujjawala and Swadhar Data, Ministry of Women and Child ,Government of India – September 2012. All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
203
138
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RAJASTHAN
139
Rajasthan
Rajasthan is a source state for trafficking of women and girls for commercial sexual exploitation. Tribes such as
Nat, Kanjar, Bediya, Santiya, Sansi, Banchchada practice traditional forms of prostitution. In western districts of the
state of Rajasthan such as Sikar, Nagpur, Jodhpur, Jaisalmer, Barmer, Churu, Jhunjhunun, Bikaner, Hanumangarh
and Ganganagar, women belonging to various castes such as Nayak, Od, Baori, Damami, Sikhlingar, Mazhabi, are
involved in prostitution individually or in an unorganised manner. In Hanumangarh and Ganganagar, traditional
organised form of prostitution is also prevalent. In southern Rajasthan in the districts of Baran, Dungurpur, Udaipur,
Banswara, and Jhalawar, tribal women belonging to various tribes such as Bhil, Garasiya, Damor, Kulbeliya, Banjara,
Jogi etc. perform commercial sexual activities to earn a living. For out of state movement, most commonly identified
destinations are Mumbai, Delhi, Pune, Calcutta, Allahabad, Ahmedabad, Nagpur, Aligarh, Kasganj, Indore, Mathura,
Agra, Chennai, Badagaon (M.P.), Meerut, Basti, Neemach, Mandsaur, Ujjain, Hathras, Guna, Narsinghpura, Surat,
few places in Bihar, Haryana, Punjab and Gujarat. Apart from this, cross border trafficking to Bahrain, Dubai, Saudi
Arabia also takes place. In the recent past, trafficking to Mumbai and Pune for dance bars has emerged as a new
phenomenon and maximum number of victims taken from Rajasthan land up in Maharashtra directly or indirectly204.
The ‘Nat’ population lived a nomadic life in the past, and the women performed the rope dance and acrobatics for the
entertainment of people. Nat women have replaced these performances with commercial sex and today are migrating
to Mumbai to work as bar dancers and sex workers. Organised brothel based sex work is practised by approximately
half of the female population of castes like Nat, Kanjar, Bediya etc. The Nat, Kanjar, Bediya female sex workers have
their settlement preferably on the highways and major roads in the eastern districts of Rajasthan. Migration to
Mumbai has emerged as a new route among the women of these communities for undertaking sex work.
In 2012, the CNN Freedom Project had highlighted the plight of these women and children in the TV Documentary
“Trapped by Tradition”.
In a tragic case of human trafficking which was widely reported in the media in February 2012, “Baby Falak Case” (A
child trafficking case of organised crime) the mother of the battered baby was found in Rajasthan. The mother was
sold to a person at a cost of Rs 2,50,000 (USD 4660). Investigations found that she had been sold three to four times
to different men by a trafficking gang. Such gangs are active in Rajasthan, Haryana and Delhi205.
In another case investigated by the Crime Branch of Delhi to search missing girls, the police uncovered the thriving
prostitution racket in Sodavas and Girvas villages of the state's Alwar region. The team found that villagers were
giving the girl victim - some of them as young as 10 years, repeated and unregulated shots of growth hormone
‘Oxytocin’ to speed up their sexual maturation. The kidnapped girls, some of them six-month-old babies, are brought
to Sodavas and Girvas from across North India. They are raised by the villagers "as their own daughters". Gangs from
the Bedia and Nat communities give them hormonal injections to make them reach early puberty. The girls are then
sent to Mumbai and even the Gulf for prostitution. "Oxytocin” causes several hormonal changes. Apart from early
puberty, the girls develop feelings of love, trust and sexual arousal. This is how the hormone is being misused. The
results are shocking: girls as young as 6 or 7 years old suddenly grow up to look like teenagers. Even their age on
documents was found to be forged. Investigators also found a large no of women who had passports and are in the
gulf countries which indicates a well-organised international prostitution racket206.
The districts of Alwar, Tonk, Dholpur, Sawaimadhopur, Bharatpur, Jaipur, Pali, Bundi, Chittorgarh, Udaipur, Jalore,
Jodhpur, Hanumangarh, Dausa, Dungarpur, Bhilwara, Barmer, Rajasmand, Ajmer, Jhalawar, Nagaur, Banswara,
Baran, Shriganganagar, Sirohi, Jaisalmer and Sikar are areas where women are traditionally or circumstantially
forced to indulge in commercial sexual activities for the survival of their children and their families.
The Bedia, Nat ,Kanjar and Banchara tribes are involved in kidnapping rackets spread across North India. They raise
kidnapped girls as their own daughters. Once the girls are inducted into prostitution they are sent to Mumbai and
Traditional Female Sex Workers of Rajasthan, An Ethnographic Study of Nat community, R.C. Swarankar published in Unpacking
Globalization, Market Gender and Work, By Linda E Lucas, Lexington Books
205
http://indiatoday.intoday.in/story/child-sex-rackets-in-delhi-hotels-exposed/1/179243.html
206
http://indiatoday.intoday.in/story/Girls+drugged+into+puberty,+sold+as+prostitutes/1/99132.html, accessed on 07.08.2012
204
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141
Middle East countries to work in dance bars, prostitution and escort services. Victims from West Bengal, Bihar and
Madhya Pradesh are also trafficked by organised crime rackets into Bharatpur, Alwar, Dholpur etc.
Children are trafficked from Bihar, Uttar Pradesh, Madhya Pradesh and Chattisgarh to work in the ‘Bt Cotton fields’.
In order to curb trafficking to provide labour for ‘Bt cotton fields’, the Rajasthan Government started a child tracking
system to trace missing children with the help of the education department. Every year, a large number of children
from districts including Udaipur, Dungarpur and Banswara are trafficked to Gujarat to work in ‘Bt cotton fields’.
Despite concerted efforts of the district administration and the police, the illegal practice continues207.
In 2011, a report prepared by the National Commission
Rajasthan has issued a detailed
for Protection of Child Rights (NCPCR) had raised the
advisory
in August 2012 in which the state
issue of children below 14 years of age being employed
government has accepted that children
in Gujarat's ‘Bt cotton farms’. The report also stated that
working in these fields is hazardous where adults and
are being trafficked for child labour. It has
children are exposed to pesticides throughout the day
become the first state in the country to
for a period of 2-3 months. Children's nimble fingers are
accept that child labour age is 18 as per the
used to carry out cross pollination of flowers during the
UN Convention of the Rights of the Child.
season. If they remove child labour then it would not be
easy for the farmers to cross-pollinate as children could
easily cross-pollinate the flowers without having to bend too much because of their short height.
The report also highlighted sexual abuse of children working in the fields208. The NCPCR team in a detailed report
has asked the Rajasthan Government to put an immediate end to children being trafficked to work in brick kilns and
Bt cotton fields.
In June 2012 the Rajasthan High Court expressed concern over the issue of human trafficking and asked the DGP to
increase coordination amongst all officers and ensure proper monitoring of such investigations by senior officials.
The court expressed serious reservations on the issue of 6000 missing cases209.
Government Initiatives
The Rajasthan Government has set up a State Advisory Committee to combat trafficking and prostitution. The State
Government has notified all Dy SP rank officials as special police officers for the implementation of the ITPA. The
State Government has till date not taken any concrete step to combat trafficking of women through the so called
tribes who practice prostitution in the name of tradition. No special plan of action has been created to combat the
traditional mode of prostitution. The State Police have issued several instructions to the police stations on violence
against women and children. Rajasthan Government has initiated 1 Shelter Home under ‘Ujjawala (P&R) Scheme’
and 6 ‘Swadhar Shelter homes’.
The government has initiated implementation of the ICPS. Child Welfare Committees which have been appointed
in all districts need sensitization, orientation and capacity building. Thirty three child protection units have been
established in all the districts in Rajasthan and 63 protection homes for children have been initiated. The police have
also notified 33 Special Juvenile Police Units. Though the state has a high incidence of trafficking, there is only one
Ujjawala home operating in Rajasthan. The government has in 2012 issued a detailed directive on the trafficking
rackets operating in the state. After raising the age limit of child labour from 14 to 18 years, the State Government
has issued separate directions to various government departments to step up efforts to stop child trafficking. Child
trafficking is a serious issue in the state as it is not only a source of child labour (as children cross borders to enter
Gujarat to work), but it is also a destination state for child labour as a large number of children from West Bengal,
Bihar, Uttar Pradesh, Delhi and Jharkhand come to Rajasthan for work.
http://articles.timesofindia.indiatimes.com/2012-06-18/jaipur/32298212_1_cotton-fields-child-trafficking-udaipur-and-dungarpur,
accessed on 07.08.2012
208
http://articles.timesofindia.indiatimes.com/2012-06-18/jaipur/32298212_1_cotton-fields-child-trafficking-udaipur-and-dungarpur,
accessed on 07.08.2012
209
http://zeenews.india.com/news/rajasthan/missing-cases-hc-asks-police-to-submit-status-rep_782664.html, accessed on 07.08.2012
207
The State Government has directed the police to identify middlemen who not only employ children in the state but also
send them to other states to work. In the notification issued by the Chief Secretary, the police is directed to follow the
guidelines issued by the DGP on child labour in April 2012. The Chief Secretary has also directed the labour department
to conduct a survey on a regular basis to find out child labour at work sites. On finding child labour, they will be
rescued within 24 hours with the help of police and the CWC. Instructions have been issued for the CWC to admit the
rescued children to children’s homes. The children who are involved in beggary would be identified by the NGOs and
they will be admitted to residential schools. Also, the district administration would make arrangements for food and
accommodation for those rescued child labourers whose financial and social conditions are appalling. The district
administration, in cooperation with the education department ensures that rescued child labourers get admission in
schools. For admission in the schools, these children will not require any kind of age proof or other documents. The
district administration would give a 'rescued child' certificate to them.
Anti Human Trafficking Unit
For search of missing children
The AHTUs have been proactively implementing various advisories
the Rajasthan AHTU has formed
issued by the Ministry of Home Affairs, Government of India. The
a multi task force at range and
Advisory on Missing Children and Human Trafficking has been
circulated across all district Police Chiefs. The AHTUs have carried
district level.
out door to door survey for identification of Red Light Areas across
Rajasthan. Routes of traffickers and the various interstate connections
have been identified. The Unit has also taken action against persons employing child labour in the BT Cotton zones of
Udaipur. The AHTUs have set up proactive partnerships with organizations for counselling, rescue and rehabilitation
of victims. For effective monitoring of the State AHTU, posts of Addl D.G.P. (Civil Rights), SP (Civil Rights), Dy SP
(AHTU) have been created. A total of 532 policemen have been trained by the AHTU TOT workshops to carry out
further training at the district level. The AHTU has conducted several interstate rescue operations for trafficked
victims. A total of 132 rescue operations have been conducted in the year 2011-12. A total of 580 victims and 619
women have been rescued in 2011-12. A total of 80 cases have been registered against the traffickers leading to the
arrest of 192 traffickers including 2 Nepalese traffickers. Sixteen brothels have been closed in Rajasthan with the
active intervention of the AHTUs.
RAJASTHAN – PROTECTION MECHANISMS AT A GLANCE 210
No of Anti Human Trafficking Units (Districts)
12
No of District Child Protection Units
33
No of Child Protection Homes
63
No of Special Juvenile Police Units
33
No of Child Welfare Committee
33
No of Homes under Ujjawala P & R Schemes
1
No of Shelter Homes under Swadhar Scheme
11
MISSING PERSONS CASES – RAJASTHAN
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
-
-
-
-
-
-
2010
3492
2842
650
3206
2483
723
2009
2731
2223
508
2566
1981
585
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
Ujjawala and Swadhar Data Ministry of Women and Child, Government of India – September 2012 All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012).
210
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State Reports
TAMIL NADU
143
Tamil Nadu
Tamil Nadu is a destination as well as source area for human trafficking. Young women and children have been
trafficked from Tamil Nadu to the red light areas of Mumbai and some even to Delhi.
Large scale trafficking of women and children is taking place from Odisha's tribal dominated districts for sending
them to illegal homes in Tamil Nadu and Kerela. Women and children, especially from poor families of Sundergarh,
Mayurbhanj, Keonjhar, Kandhamal, Gajapati and Ganjam, were being trafficked in big numbers on the promise of
education and employment.
In 2011, an AHTU raided an illegal adoption racket and recovered 12 babies. The modus operandi used to be that
the accused used to kidnap children from various places in Chennai and Tamil Nadu and then sell them off to illegal
orphanages. The orphanages had given most of these children for illegal adoption to childless couples, charging a
huge amount. In some cases, the accused had also forged birth and adoption certificates.
Hundreds of children from the North-Eastern states are being trafficked by well-networked groups in Tamil Nadu.
The rescue of 76 malnourished children, from Manipur and Assam, from a home at Kuzhithurai in Kanyakumari
district is only the tip of a vast network, which receives crores of rupees from churches and agencies abroad by
showing a large number of children under their "care". Children from Manipur and far flung districts of the North
East States are targeted by traffickers masquerading as evangelists and missionaries, as people in the insurgency
hit areas are willing to send off their children if they are promised a good education. While 1,096 children's homes,
housing 3.5 lakh children are registered in the state, almost an equal number operate without registration, evading
government scrutiny. The children aged 6-15 years are kept in pathetic conditions and are often made to do jobs like
carpentry, cooking and laundry. There have even been cases of children dying under suspicious circumstances and
some being molested and abused.
In 2011, an anti human trafficking operation "exposed" a racket of shelter homes that bring in children from North
East to Tamil Nadu for exploitation. Investigation revealed that these children were brought by a pastor who belonged
to the tribal community called 'Zeme' in Manipur and Assam. Due to poverty, the parents had entrusted their children
to him after giving him Rs. 5,000 (USD 94) for each child towards expenditure on the promise that he would
provide the children good education and health care. It was found that these children were brought and kept at
the ‘Home’ without adequate facilities, and without a proper living environment. The ‘Home’ was not approved by
the government as per the Juvenile Justice (Care and Protection of Children) Act. In this case the Supreme Court
directed the NCPCR to carry out a detailed investigation into the case. On the enquiry conducted by the NCPCR, the
Supreme Court directed closure of all homes which are not registered under the Juvenile Justice Act. Such cases of
trafficking of North East Children to Tamil Nadu have been rampant.
Another Crime Branch raid led to the exposure of an interstate racket of certain transgender gangs indulging in grave
crimes against minors such as kidnapping, illegal confinement, forced begging, prostitution and even sex-change
operation. Increasing instances of trafficking of children for labour have come to notice not only within the state but
also from and into Tamil Nadu. Due to poverty and vulnerability, children work at much lower wages and they do not
create labour problems like adults do. Therefore, in spite of stringent laws, child labour continues to be rampant in
most parts of Tamil Nadu. Tamil Nadu has reported an alarming number of children being trafficked from Cuddalore,
Villupuram, Madurai, Theni, Dindigul and Ramanathapuram, for labour and prostitution. Children of poor families are
lured to cities like Chennai, Madurai, Coimbatore and Tiruchy for adoption and organised begging rackets.
Most of the gangs are organised with links across the country. In July 2012, the AHTU exposed an elaborate
prostitution racket stretching from Darjeeling in West Bengal to Delhi and finally Dindigul in Tamil Nadu. Four people
were arrested and three girls, including a minor, from a village near Darjeeling were rescued211.
http://articles.timesofindia.indiatimes.com/2012-07-11/chennai/32631887_1_prostitution-racket-dindigul-delhi-police, accessed on 07.08.2012
211
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145
During 2009 and 2010, 11 Bangladeshi women, who had been trafficked into India on the promise of good jobs
but were forced into prostitution, were rescued by the Tamil Nadu Police in different parts of the state. These raids
exposed the disturbing reality that the trans-national traffickers had spread their operations to Tamil Nadu and
pointed out the urgent need to control their expanding criminal operations. After rescue, these women were lodged at
the Government Vigilance Home, Chennai. Of them, nine women initially identified themselves as Indians but during
investigation, they were found to be Bangladeshi nationals.
NCRB data has shown that in the period 2006-2011, Tamil Nadu reported 11,106 children missing. Out of these,
9,290 children were traced and 1,816 children continue to remain missing. The total number of female persons who
went missing in 2009-2011 was 5,697. Out of these 4,351 were traced and 1,266 continue to remain missing.
Government Initiatives
Tamil Nadu has drafted an Action
Plan to combat human trafficking.
District level Advisory committees have
been formed to ensure convergence at
district level to combat trafficking.
A State Level Co-ordination Committee under the
Chairpersonship of the Chief Secretary to Government and
Members from Education Department, Medical Department,
Social Welfare Department, Rural Development Department
and NGOs has been formed. The committee has been meeting
regularly to monitor various measures needed to eradicate the
problem of trafficking. A District Level Advisory Committee has been formed in all Districts with the District Collector
as Chairperson and Superintendent of Police, District Education Officer, Project Director of Women Development
Corporation and NGOs etc. as members. The state has also drafted an Action Plan to combat trafficking.
With the help of the District Collectors, the special drive against human trafficking was launched in 7 districts in
2008, which was extended to 14 districts in 2010. A total of 1,250 Village Level Watch Dog Committees have been
constituted under the Chairpersonship of Village Panchayat President. All Commissioners of Police and District
Superintendent of Police have been designated as nodal officers. Mapping of areas prone for commercial sexual
exploitation of women and children was done by the police department.
The Tamil Nadu Police has designated all Inspectors of Police, Women Inspectors and Sub-Inspectors as Special
Police Officer under Sec. 13 of ITPA. One police officer in every police station has been designated as Child Welfare
Officer as per section 63 of Juvenile Justice (Care and Protection of Children) Act, 2000.
A total of 197 all Women Police Stations with Women Help Lines (1091) have been established. Railway Police has
established 26 help booths in different railway stations across the State. Anti-vice squad established in Chennai
under the CBCID has jurisdiction across the State and missing persons bureau has been established by the police
department.
A mechanism to share information between stakeholders at the district and state level has been devised by the
Department of Social Defence. This has created a convergence among all stakeholders. In response to the High Court
order, the government constructed a model home for trafficked victims.
In a review meeting of the State Committee in 2012 it has been decided to monitor each and every home registered
under the Juvenile Justice Act. Tamil Nadu Social Defence Welfare Fund for Women and Children has been constituted
to extend financial assistance to the victims (financial assistance of Rs.5, 000/- (USD 94) and material assistance of
upto Rs.10,000/-(USD 186) ). Orientation and sensitization have been provided to the Police, Judiciary, Probation
Officers, NGOs, Personnel in Child Care Institution and members of District Level Advisory Committee for Combating
Trafficking. A total of 1,492 police personnel have been given orientation and training.
All staff in the Protective Home/Vigilance Home, Children’s Home, Observation Home are being oriented periodically.
Orientation Programmes have been conducted for Chairperson and Members of Juvenile Justice Boards and Child
Welfare Committees on issues relating to child abuse and combating trafficking and commercial sexual exploitation.
Capacity building programmes for rehabilitated commercial sex workers who have formed Self Help Groups have
also been conducted. Crisis Intervention Centre and Juvenile Guidance Bureau have been established to provide
psychological counselling and behaviour therapy to children in distress.
A total of 32 CWCs have been formed across the state. Tamil Nadu State Social Welfare Board supports NGOs
for establishing family counselling centres. Free legal services are extended by involving the Tamil Nadu Legal
Service Authority. Child Line, a free telephone outreach has also been launched at Chennai, Madurai, Coimbatore,
Salem, Tirunelveli, Tiruchirappalli, Nagapattinam, Cuddalore, Kanniyakumari, Kanchipuram (Mabalapuram) by the
Department of Social Defence. Short Stay Homes have been established by the Tamil Nadu Social Welfare Board.
A Reference Manual on combating trafficking in Tamil Nadu has been published by the Department of Social Defence
with the support of UNICEF in 2011. In Tamil Nadu, 14 ‘Swadhar Homes’ and 5 ‘Ujjawala Homes’ have been initiated
in Tamil Nadu. Instructions have been issued to admit victims of trafficking in these shelters at all times.
The Tamil Nadu State Legal Services Authority organised a two day judicial colloquium on justice delivery system in
human trafficking cases. The colloquium has recommended that judges need to ensure care to each victim of human
trafficking.
ANTI HUMAN TRAFFICKING UNITS
The Government of Tamil Nadu has established an Anti-Trafficking Cell in the Crime Branch of the CID to combat
trafficking in women and children. This Cell is empowered with inter-state jurisdiction in dealing with trafficking
of women and children. Cases registered under Sec 8 ITPA (soliciting in public) have come down as a natural
consequence to the shift in emphasis on booking cases on traffickers. Most of the cases are being registered against
pimps, brothel owners and traffickers under Sec.3, 4, 5, 6 & 7 of the ITPA.
Four hundered and twenty cases have been registered under the ITPA in 2011. Chennai City registered the highest
(137), followed by Coimbatore City (50), Trichy City (48), Dindigul (34) and Tiruppur (30). Other districts registered
less than 18 cases.
Tamil Nadu in total has initiated 12 Anti Human Trafficking Units. The DGP, Tamil Nadu convened a video conference
with the SPs of pilot project districts and other senior officers in early February 2011. During this conference, the
DGP reiterated that women forced into prostitution should be treated as victims and not as accused, AHTUs should
maintain a close watch on transportation of children from North–East as they are vulnerable to abuse, even though
they were brought with the parents’ consent. The DGP instructed that the District Police should inspect Children’s
Homes in association with the Social Welfare Department and the investigating officers should thoroughly check the
unidentified dead bodies of women for any sexual assault.
Tamil Nadu has also initiated a special court for cases of human trafficking. In pursuance to a proposal sent by the
ADGP, CBCID, in November 2009, the Registrar General, Madras High Court, vide Official Memorandum dated March
4, 2010, earmarked the IV Metropolitan Magistrate Court, Saidapet, Chennai, as the exclusive court for trial of cases
of human trafficking which were registered in Chennai City. Pertaining to cases registered in Chennai Sub Urban and
Tiruvallur District, Judicial Megistrate, Chengalpet and Judicial Megistrate, Tiruvallur respectively are the designated
courts. This step has expedited the trial of long pending cases.
The AHTUs have been organizing various coordination meetings among stakeholders. Several crucial issues have
been discussed and decisions taken such as focused approach to identify, prosecute and convict the kingpins in the
human trafficking network, convening of the meetings of District-Level Advisory Committee by District Collectors,
monthly review of human trafficking issues by collectors and SPs, sensitization of police and other officials for rescue
and rehabilitation of victims and the need for inter-district as well as inter-state coordination. The AHTU has also
resolved to include the Labour Officer as a member in the District-Level Advisory Committees. The District Collectors
have been requested to focus on implementation of various developmental schemes to prevent exploitation of women
and children. They were also requested to activate the Village Level Watch Dog Committees.
In a review of the work being done on human trafficking, the Chief Secretary of Tamil Nadu has emphasised the
urgent need to register all the children’s homes in accordance with the provisions of the Juvenile Justice (Care and
Protection of Children) Amendment Act, 2006 within a specified time frame and directed the Principal Secretary,
Social Welfare Department, to issue public notice to this effect. The Chief Secretary has also directed the AHTU to
form special teams in all districts to inspect and verify about the registration, recognition and sources of funds of
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various organisations that are running the children’s
homes or orphanages or adoption centres.
147
Prevention of Trafficking in persons, Child
Rights etc., has been included in the agenda
of all Gram Sabha meetings. Core-Committees
have been formed in all the Districts specifically
in Tourism centres to check child sexual abuse
and paedophile.
The coordination meeting and review of work on
AHTU in Tamil Nadu is being done through video
conferencing. This has helped in regular monitoring of
the project in vulnerable areas. Although in most of the
places in Tamil Nadu, the AHTUs have been performing
their role properly, the Tamil Nadu Nodal AHTU has
decided to define their charter of duties more clearly in
writing. The MHA guidelines and various reports of the Bureau of Police Research and Development (BPR&D) and
the United Nations Office on Drugs and Crime (UNODC) will be referred to in this connection. The AHTUs should also
work in close cooperation with the Child Welfare Officers designated in each police station under the Juvenile Justice
Act. Similarly, close liaison should be established with the Women Help Desk officers functioning in police stations in
pursuance to the directions of the Madras High Court in 2006. Collection of intelligence on human trafficking should
be one of the main duties of the AHTUs. The units should also have an effective liaison with the Children Welfare
Committees in their area so that the rescued children are shifted to a safe shelter early and, to the extent possible,
reunited with their families expeditiously.
Training plays a very prominent role in all areas of policing, particularly when the police have to implement social
legislation. These laws are very difficult to implement mainly because the legislation is very often ahead of the required
social change. The laws connected with the basket of crimes under human trafficking also fall under this category. In
such a scenario, the module of the training to be imparted to police personnel should not only sensitize them to the
suffering of the victims but should also enable them to spread this awareness among other police personnel. Keeping
these aspects in mind, the MHA has based its Anti-Human Trafficking Programme on two strategies, i.e. formation of
Anti Human Trafficking Units (AHTUs) in the states and conducting of ‘Training of Trainers’ programmes for police
personnel along with officials from the departments concerned like Social Welfare, Labour, Health and Law etc.
Accordingly, several training programmes and workshops have been conducted in Tamil Nadu also.
TAMIL NADU – PROTECTION MECHANISMS AT A GLANCE212
No of Anti Human Trafficking Units (Districts)
12
No of District Child Protection Units
32
No of Child Protection Homes
42
No of Special Juvenile Police Units
9
No of Child Welfare Committee
20
No of Homes under Ujjawala P & R Schemes
4
No of Shelter Homes under Swadhar Scheme
14
MISSING PERSONS CASES – TAMIL NADU
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
1871
1499
372
1893
1378
515
2010
2504
2062
442
2211
1731
480
2009
1855
1480
375
1513
1242
271
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
Ujjawala and Swadhar Data, Ministry of Women and Child, Government of India – September 2012. All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
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IndIa Country assessment report on Human traffICkIng
State Reports
UTTAR PRADESH
149
Uttar Pradesh
Uttar Pradesh is a source, transit and destination area for the trafficking of women for commercial sex both within the
country as well as across the border. There are many well identified red light areas where women and girls from the state
and other states like Rajasthan, Maharashtra, Madhya Pradesh, Odisha, West Bengal, Karnataka, Delhi as well as from
Nepal and Bangladesh are trafficked and forced into commercial sex.
The districts adjoining Nepal (which shares long and open borders with India) are transit areas and vulnerable to
trafficking. The red light areas in Agra, Allahabad, Meerut, Kanpur, Varanasi and Azamgarh are notorious for the
trafficking of women and children. The areas of Western Uttar Pradesh have seen an increase of trafficking for forced
marriages. Victims are procured from Nepal and sent to Delhi and Mumbai through Uttar Pradesh. Meerut has emerged
as a key destination for keeping in transit Nepali victims. Victims from West Bengal and Bihar have also been reported
in red light areas in Uttar Pradesh. The state is a source area for sex trafficking cases due to the presence of organised
crime rackets indulging in kidnapping and abduction of minor victims. Child labour is rampant in the Uttar Pradesh
carpet belt area and brick kilns. Children are procured from Bihar for this work. Also children are sent from Uttar
Pradesh to various destinations in Haryana, Gujarat, Punjab and Rajasthan for the purpose of child labour.
Varanasi, Meerut, Maharajganj, Khiri, Kanpur, Baharaich, Basti, Aligarh, Hardoi, Azamgarh, Mau, Jaunpur, Banda,
Agra, Bulandshahar, Etah, Balrampur, Balia, Chitrakoot, Firozabad, Gazipur, Sonebhadra, Gonda, Etawa, Jaunpur,
Pratapgarh, Siddhartha Nagar, Sultanpur, Allahabad are some of the districts where brothels exist or women are
engaged in commercial sexual activities. These red light areas are used as transit points by traffickers procuring
victims from Nepal, Bangladesh, West Bengal, Bihar, Assam, Jharkhand and Odisha. The Uttar Pradesh districts
adjoining Madhya Pradesh and Rajasthan are known for their communities like Nat, Bedia, Kolta, Kashmira, Deredar
etc. who are traditionally engaged in commercial sexual activities and girls from these communities are found in the
red light areas all over the country. Districts of Agra, Jhansi and Lalitpur have pockets of these denotified tribals.
Some of these tribals are also found in Sitapur – Hardoi area. These communities also operate from their villages
and along the highways. Various investigations have pointed out that these communities are involved in kidnapping
and abduction rackets. They kidnap minor victims and children and rear them as their own children and then once
the victims reach the adolescent age they are prepared for prostitution. The victims are sent to dance bars in Mumbai
and also for prostitution rackets in Middle East countries. The use of hormones such as oxytocin is also prevalent.
This injection is used to make adolescent and minor girls look like adult women.
Uttar Pradesh has emerged as the transit and destination point for trafficking of victims from Nepal. Uttar Pradesh
has nine districts adjoining the Nepal Border. The victims are trafficked from Nepal and brought to Meerut, Agra and
Allahabad red light areas for transit and then further sent to Delhi and Mumbai. A large number of minor girls and
young women trafficked from different parts of the country to Delhi are being re-trafficked to brothels in Meerut to
evade detection. The emerging new trend was noticed during recent rescue operations carried out in July 2012 by the
local anti-human trafficking unit in coordination with a team constituted under the NCPCR. As the police are carrying
out regular raids in Delhi, many girls who were pushed into prostitution in the G.B. Road brothels were transported
to Meerut. During the rescue operations, victims from Nepal, Rajasthan and West Bengal were rescued from Meerut.
Similarly Allahabad red light area has also emerged as a trafficking hub for in transit trafficked victims from Nepal213.
There is an increased amount of trafficking through illegal marriages, where brides are bought from tribal areas
of Madhya Pradesh, Chhattisgarh, Odisha, Jharkhand and West Bengal and then sold to brothels in big cities or
in Western Uttar Pradesh and Haryana, where there is a great demand of brides due to the falling sex ratio. Uttar
Pradesh is also a state where large-scale migration for employment in agriculture and brick kilns takes place from
neighbouring states like Madhya Pradesh, Chhattisgarh, Odisha, Jharkhand and Bihar. Many of these victims work in
these brick kilns as bonded labour and are paid salaries much less than the basic minimum salaries.
As per a 2010 NCPCR report, Uttar Pradesh accounts for a larger share of about 15 percent of all child workforce
in India followed by Andhra Pradesh, with 10.8 percent. Rajasthan, Madhya Pradesh, Bihar respectively garnered
10, 8.8 and 8 percent of India’s child employment214. In 2011, NCPCR ordered a survey of child labour in 5 districts
of Uttar Pradesh, where a large number of children are employed in the carpet industry and other labour intensive
http://www.thehindu.com/news/cities/Delhi/article3757092.ece, accessed on 06.08.2012
http://www.ncpcr.gov.in/Reports/Magnitude_of_Child_Labour_in_India_An_Analysis_of_Official_Sources_of_Data_Draft.pdf, accessed
on 06.08.2012
213
214
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units. The survey includes data on the number of children rescued and action taken for their rehabilitation. The study
focuses on the districts of Varanasi, Bhadohi, Mirzapur, Sonbhadra and Maharajganj215. A report released by the
Campaign against Child Labour (CACL) states that Uttar Pradesh has emerged as a state which tops in child labour
and child sex abuse cases are also growing216.
Government Initiatives
The state has not taken any concrete step to combat trafficking. The State Advisory Committee to combat trafficking
has not been convened for the last few years. The state has not made any action plan to combat rampant child labour.
Few projects supported by the Ministry of Labour have been initiated but much more needs to be done. The state has
also no plan of action to combat trafficking. Recently with the implementation of the ICPS, the state has initiated 72
Child Welfare Committee and 72 Child Protection Units. Though these units are in place there is an urgent need of
checking the capacity of these units. Trainings and sensitization of the Child Welfare Committees have not yet been
instituted. Uttar Pradesh has formed 67 Child Protection Homes. The State has also initiated 72 Special Juvenile
Police Units and appointed Juvenile Officers in each police station. The state has established 4 homes under the
Ujjawala Scheme and also set up 40 homes for the needy and distressed women under the Swadhar Scheme.
Anti Human Trafficking Units
The state has initiated 24 AHTUs. Some Training of Trainers workshops have been initiated but the same needs
to be done at a much bigger level. The district level training programmes have still to be initiated. In comparison
to the incidences of trafficking, the state AHTU response has not been proactive. The advisories related to human
trafficking and missing children have been distributed at the zonal levels.
UTTAR PRADESH – PROTECTION MECHANISMS AT A GLANCE217
No of Anti Human Trafficking Units (Districts)
24
No of District Child Protection Units
72
No of Child Protection Homes
67
No of Special Juvenile Police Units
71
No of Child Welfare Committee
69
No of Homes under Ujjawala P & R Schemes
4
No of Shelter Homes under Swadhar Scheme
40
MISSING PERSONS CASES – UTTAR PRADESH
Year
2011
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
191
128
63
143
84
59
2010
-
-
-
-
-
-
2009
3136
2704
432
1088
764
324
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
http://www.thehindu.com/news/national/article2726916.ece, accessed on 06.08.2012
http://articles.timesofindia.indiatimes.com/2012-05-12/varanasi/31679047_1_child-labourers-child-sexual-abuse-child-rights According
to the report, UP houses about 20% child labourers of the country in different sectors. While there are 12666377 child labourers in the
country, UP has 1927997 child labourers. According a report of International Labour Organisation (ILO), about 70% child labourers are
engaged in agricultural sector in the country, while 60,000 children are engaged in glass and bangle industries, about two lakh children are
involved in hazardous industry of fire crackers and two lakh children are engaged in the carpet industry. The report further suggests that
cases of child sexual abuse are in alarming state. According to the records of National Crime Record Bureau and National Commission for
Protection of Child Rights, 900 out of 5446 cases of rape in 2008 were in UP. As per a report, 61 out of 298 cases of child sexual abuse
were recorded in UP in 2007. In UP 8.4% girls and 3.57% boys are the victims of sexual abuse in different forms. About 49.7% girls are
married before the age of 15 while 79.6% marriage takes place at 18 or before.
217
Ujjawala and Swadhar Data, Ministry of Women and Child ,Government of India – September 2012 All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
215
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IndIa Country assessment report on Human traffICkIng
State Reports
WEST BENGAL
153
West Bengal
West Bengal, a state in the Eastern region of India is the fourth-most populous state. Covering a total area of 34,267
sq m, it is bordered by the countries of Nepal, Bhutan and Bangladesh, and the Indian states of Odisha, Jharkhand,
Bihar, Sikkim, and Assam. West Bengal shares 2216.7 kms with Bangladesh border, 92 kms with Nepal border and
175 kms with Bhutan border218. Due to its crucial location in India, West Bengal is not just prone to intra and interstate trafficking, but also to international trafficking. The state is a major source, destination and transit point for
victims of trafficking. West Bengal has several red light areas across the state and thus a sizeable trafficking of women
and children is witnessed for supply in these areas. The international borders and the excellent network of railways,
roadways, airways and waterways offer easy transit points. West Bengal has also emerged as a recruiting area for
agents and traffickers for sending women and children to Middle East countries for various purposes of slavery.
Vulnerable Areas
Almost all districts are vulnerable to trafficking. Jalpaiguri,
West Bengal contains important
Darjeeling, North and South Dinajpur, Cooch Behar and Malda
transit points which are used by the
are trafficking prone districts in North Bengal. These districts
traffickers to bring in victims not only
have international borders with Bangladesh, Nepal and Bhutan
from adjoining states but also from
and have reported rampant trafficking from the tribal areas, tea
Nepal and Bangladesh.
estates and border areas. The districts of North and South 24
Parganas are other vulnerable areas prone to trafficking. The
villages here are far flung as the districts are located in the Sunderban area. Recent data reports these districts to be
two of the most significant source areas for trafficking in the state. Push factors include single crop growing fields,
lack of livelihood opportunities and natural disasters219.
The Trafficking Routes
The trafficking routes in West Bengal include Delhi, Mumbai
The West Bengal Police has initiated
and Pune as the most common destination for victims of West
a Missing Children Tracking Portal
Bengal. After this the destinations are Haryana, Uttar Pradesh,
(MCTP) in collaboration with National
Rajasthan and Punjab. New destinations that have been
Informatics Centre.
identified are Ahmedabad, Bangalore and Haridwar. Different
districts of Haryana and Uttar Pradesh have been identified as
destinations for forced marriages, dance troupes, prostitution and sex rackets.
Government Initiative
The Government has roped in
The Government of West Bengal has taken several initiatives to
Panchayats to maintain registers on
counter human trafficking. The Government has formed a State
missing children and also a list of people
level Advisory Committee under the Chairmanship of the Chief
migrating to other places in India.
Secretary, West Bengal. The State Government has initiated
Awareness Generation Programmes at grass roots level
through Integrated Child Development Scheme (ICDS) and
Anganwari centres in seven districts namely South 24 Parganas, Paschim Medinipur, Purbo Medinipur, Murshidabad,
Jalpaiguri and Nadia in collaboration with Jayprakash Institute of Social Science. A Task Force has been formed to
expedite the repatriation process of Bangladeshi children staying at different government and NGO runs Homes. A
Standard Operating System devised by the Govt. of West Bengal with the assistance of UNICEF framing the time
http://www.angelfire.com/co/pallav/neighbor.html, accessed on 03.02.2013
IDLO Report 2010-11 quotes a 2003 study of trafficking in Madhusudanpur, a village in South 24 Parganas, which showed that every
second to third household in the village lives off the income of a trafficked girl between the ages of 13 and 15.
218
219
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limit of repatriation has also been prepared. The Government has roped in Panchayats to maintain registers on
missing children and also a list of people migrating to other places in India. Special Juvenile Police Units have been
initiated and are in operation. Five toll free numbers (10921 to 10925) are operational as women help lines in North
24 Pargana, South 24 Pargana and Hoogly under the Swadhar Scheme. These help lines are being run by prominent
NGOs with the support of the Social Welfare Advisory Board.
All District Police have a special cell known as the
Protection of Women and Children Cell220. Manuals
related to the Juvenile Justice Act, Bonded Labour Act,
Child Labour Act and Child Abuse are distributed to
various subordinate officers by Police Directorate.
Seventy police personnel from West Bengal
have enrolled themselves in the MHA-IGNOU
certificate course on Human Trafficking.
Missing Statement of Children and Women
According to the missing statement of minor children as well as women reported in the CID West Bengal Police there
is a huge increase in the number as it is compared between 2001 and 2010. In 2001, the total number of missing
children in West Bengal was 368 whereas in 2010 the figure was 8,599. In 2001 the number of missing women was
196 whereas in 2010 it is 6,514221.
MCTP is operational at the Missing Persons Bureau (MPB) in CID. This portal is being used for capturing information
about all missing persons in the state including women and children. Comprehensive data entry software has also
been provided at the police station and DCRP level222.
Anti-Human Trafficking Units (AHTU)
Establishment of AHTUs in the states has shown results at the
ground level resulting in increase in the number of cases registered,
number of rescue operations and more convictions. In West Bengal,
the Protection of Women and Children Cell have been designated as
AHTUs.
Kolkata High Court has
appreciated the proactive work
undertaken by the CID and
AHTUs in several cases of human
trafficking.
The Advisories sent by the Ministry of Home Affairs on Human Trafficking, Crimes against Children and Missing
Persons have been circulated across all police stations. The CID has also initiated an Action Taken Report on the
same. The West Bengal Police AHTU has initiated partnership with various civil society organizations across the
country to help in rescue of trafficked victims from West Bengal. This has also helped in collection of information
about cases from West Bengal from across the country.
The AHTU West Bengal has organized 2 State level training and 15 district level training on Anti Trafficking. The
West Bengal Police has been organizing workshops/meetings for the sensitization of the police personnel and the
related stakeholders of child protection since 2007. Altogether, 29 workshops/meetings were organized by the police
department. From 2007 to March 2010, 23 programmes were organized on Human Trafficking. Apart from preventive
measures the Anti Human Trafficking Units (AHTU) in West Bengal has been working proactively to prosecute various
inter- state trafficking rackets operating from West Bengal.
Crime Against Women Cells are operational in all districts in terms of GO No. 1309/PL/4B-61/92 dated 02/03/1995 issued by the Home
(Police) Department, Government of West Bengal. These cells have now been renamed as Protection of Women and Children Cell (POWC
Cell) vide police order 10/05 dated 27/05/2005. These cells look after Crime against Women and Children and cases of human trafficking.
The Dy. Insp. General Police (Special), CID, West Bengal is the Nodal Officer in the matters relating to offence against women and children.
221
RTI reply received from Spl. SP, CID West Bengal.
222
West Bengal Police has issued a notification dated August 23, 2012 by the DG and IGP for proper implementation of Missing Children
Tracking Portal (MCTP).
220
Rehabilitation and Protection
Ujjawala Schemes: The Ujjawala Scheme was launched in West Bengal in 2007 and is being implemented mainly
through NGOs. In West Bengal, there are two rehabilitation centres under this Scheme of the Ministry of Women and
Child Development.
Swadhar Homes: In West Bengal, 18 Shelter Homes under the
Swadhar Scheme for providing shelter to women in distress are
operational. Five toll free numbers (10921 to 10925) are operational
as women help lines in North 24 Pargana, South 24 Pargana and
Hoogly under the Swadhar Scheme. These help lines are being run by
prominent NGOs with the support of Social Welfare Advisory Board223.
the Home being run by ‘sanlaap’
a West Bengal based NGO has
initiated Child protection mechanism
as well as minimum standards of
Care and Protection.
WEST BENGAL – PROTECTION MECHANISMS AT A GLANCE224
No of Anti Human Trafficking Units (Districts)
7
No of District Child Protection Units
19
No of Child Protection Homes
55
No of Special Juvenile Police Units
19
No of Child Welfare Committee
18
No of Homes under Ujjawala P & R Schemes
2
No of Shelter Homes under Swadhar Scheme
18
MISSING PERSONS CASES – WEST BENGAL
Year
Missing Children
Missing Women
Reported
Traced
Untraced
Reported
Traced
Untraced
2011
11228
3902
7326
8216
2158
6058
2010
15835
5518
10317
11984
3777
8207
2009
11527
3355
8172
9148
2352
6796
Source: National Crime Records Bureau Data Tabled in the Parliament by the Ministry of Home Affairs, Government of India
(May 2012)
Bangla Natak is an organization based in Kolkata which uses theatre to empower marginalized,
uneducated and poor communities with improved awareness, knowledge and life skills to reduce
their vulnerability to trafficking. It uses theatre as a tool for researching with community factors leading
to proliferation of this heinous crime. Street theatre based awareness campaigns have been undertaken
at West Bengal, Goa, Bihar, Jharkhand and Sikkim to build awareness on ramifications of trafficking,
ways and means used by traffickers and mobilise community to be proactive in protecting women and
children.
RTI reply received from Spl. SP, CID West Bengal
Ujjawala and Swadhar Data, Ministry of Women and Child ,Government of India – September 2012 All other data as per the Ministry of
Women and Child Data tabled in the Parliament (May 2012)
223
224
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NGO
Initiatives
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NGO Initiatives
ARZ (ANYAYA RAHIT ZINDAGI)
ARZ is a social work organization based in Goa and working towards Combating Human Trafficking for commercial
sexual exploitation since 1997. ARZ interventions involve rescue, repatriation, rehabilitation and reintegration of the
trafficked victims, prosecution of traffickers and training of different stake holders.
ARZ is appointed as the “Nodal NGO” of the Anti Human Trafficking Unit, Goa by the Goa police. ARZ, in collaboration
with the Department of Women & Child Development, Goa has been providing rehabilitation services to the rescued
victims at the Government State Protective Home since 2001.
ARZ has set-up a non residential economic rehabilitation unit, Swift Wash, which is a mechanized laundry unit. The
rehabilitation unit is the first of its kind and is providing rehabilitation to the victims and perpetrators, male as well
as female who have been rescued from commercial sexual exploitation.
Stop Trafficking - Applying ICT to combat Human Trafficking
Stop Trafficking is an initiative of ARZ to use ICT (Information Communication Technology) in addressing
the challenges faced by the service providers in the development sector. Stop Trafficking has designed various
programmes using internet, SMS, mobile application to address the gaps and challenges under the initiative.
Stop Trafficking has introduced an anti trafficking web portal http://www.stoptrafficking.in
The web portal provides for posting and tracing of missing persons by using information technology such as SMS
alerts, e-mails. It features details of AHTUs in India, data bank (phone numbers & email addresses) of individual and
organizations working to combat trafficking of women and children in India, Nepal and Bangladesh, state wise details
of Child Welfare Committee (CWCs), Juvenile Justice Boards (JJBs) etc.
Contact Details:
Contact person: Arun Pandey
Contact Number: 09422438109
Email Address: [email protected]
www.arzindia.org
www.stoptrafficking.in
HELP
HELP is a Developmental Organization formed by a group of service professionals from different professions like
journalists, social workers etc. Committed to the protection of women & children from violence, sexual exploitation,
abuse and trafficking, HELP is an important policy-influencing organization in the State of Andhra Pradesh. HELP
prevents trafficking by educating boys and girls in schools and communities in different parts of the state and
by training teachers, professionals, police, governmental authorities and the public about the harm of sexual
exploitation and ways to resist and combat it. HELP has promoted networks and groups and it serves as an umbrella
that coordinates and takes direction from its network partners in its work against sexual exploitation/abuse and in
support of Child Rights and Women's Human Rights. HELP researches and documents the situation of women who
have been trafficked and are in prostitution; educates the public about the extent of harm sustained by women and
girls in prostitution; galvanizes change through legislation and working with governments and international agencies
to create/change/amend policy and legislation that support the rights of children, women and girls to be free of
sexual exploitation and helps create and support alternatives for children, women and girls who have been sexually
exploited.
Contact Details:
Ram Mohan NVS, Chief functionary,
2nd lane, Sujatha Nagar,
Lawyer Pet Ext, ONGOLE - 523 002. A.P
Ph: 08592 - 221206/221208/270664. fax: 08592 – 221208
http://www.helpap.in / http://www.traffickinginap.com.
E-mail: [email protected] / [email protected]
APNE AAP
Apne Aap approach is based on the belief that the most effective and sustainable solutions to end sex trafficking
come by increasing choices for at-risk girls and women and by empowering them to demand rights for themselves
and their children. The organization has already demonstrated its success in India. In the past ten years, Apne Aap
has organized more than 15,000 at-risk and victimized women and girls into small groups that work collectively for
rights for themselves, their children and their peers. By advocating for policies that deter men from purchasing sex,
the organization’s approach tackles both the “supply side” and the “demand side” of the sex trafficking industry.
Apne Aap enables marginalized women and girls to gain independence from prostitution by organizing and
supporting small self-empowerment groups, called Mandals. Together, the ten women in each Mandal campaign
collectively for access to their most basic rights: legal protection, education, livelihood, and housing. Apne Aap
provides direct support to the groups, including a safe space to meet in a local community center and information
about available entitlements and services as well as access to a community for collective empowerment. ‘Apne Aap
Women Worldwide’ is a grassroots movement to end sex trafficking that organizes marginalised women and girls
into ‘Self-Empowerment Groups of Ten’ to collectively access their rights and gain their ten assets such as safe
space, legal empowerment, literacy certificate etc.
Apne Aap identifies three categories of population with whom it works to dismantle the entire system of sex trafficking:
victims and survivors of trafficking, women at risk of sex trafficking and women and girls who are vulnerable to sex
trafficking. Apne Aap works with communities forced into intergenerational prostitution especially the denotified
tribes (DNTs) by creating leadership from the community to challenge and break the cycle of oppression at the
community as well as at the policy level.
Currently, Apne Aap operations are in Forbesganj, Bihar, Delhi and Kolkata. It has reached out to 15,000 women
and girls so far. At the moment we are directly impacting over 3,850 women and girls through about 100 Self
Empowerment Groups. Other intervention activities include ensuring alternative livelihood skills, leadership, legal
and life skills trainings, ensuring access to educational opportunities through remedial and adult literacy classes, etc
to name a few.
Contact Details:
Ruchira Gupta
Apne Aap Women Worldwide India Trust
Gate 3/4, Second Floor,
India International Centre Campus,
40, Max Mueller Road
Lodhi Estate,
New Delhi : 110 003
Office Phone: 011-24619968
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SANLAAP
Sanlaap works to combat human trafficking and prevent second generation prostitution. Over time, Sanlaap has
evolved as a pioneering organization to holistically address the issue of trafficking in persons, particularly for the
purpose of commercial sexual exploitation. The organization has broadened its horizon to encompass “prevention
and protection” initiatives as well. Sanlaap walks through the life of a “victim” to her being a “survivor” of trafficking
through the mechanism of institutional care and protection. The journey thus starts from the time of her “rescue”
to her “re-integration within the community”, through the stages of psychosocial rehabilitation and socio-economic
re-integration.
Sanlaap has initiated a 'repatriation partnership' with organizations based in Bangladesh. It works closely with
organizations in Bangladesh who help in getting home study reports done of victims from Bangladesh. These
organizations also help to get the paper work done at the Ministry level in Bangladesh. Follow up of the repatriation
is also done by these partner organizations. Sanlaap has partnered with the West Bengal Government to finalise a
SOP for repatriation of victims from Bangladesh. Sanlaap is also recognized by all government shelters and hence
are informed when there is a Bangladeshi national waiting to be repatriated.
With the help of UNICEF, the Govt of West Bengal has put together a 'task force', which constantly lists down ‘Minor’
Bangladeshi children and relevant documents are sent to the Government of Bangladesh and their representatives in
Kolkata. All ‘Adult’ victims are taken care of by Sanlaap.
Contact Details:
Ms. Indrani Sinha
Executive Director
SANLAAP
Central Office, Kolkata
38B Mahanirban Road, Kolkata - 700 029
Telephone: 91 33 2464 9596 / 2465 3429 / 2466 2977
Fax: 91 33 2465 3395
E-mail: [email protected], [email protected]
www.sanlaapindia.org
MANAV SEVA SANSTHA
SEVA has been intervening in the cross border regions of India and Nepal since 2002 with emphasis on preventing
incidents of cross border human trafficking by facilitating safe and informed mobility during the transit phase of
migration.
SEVA has initiated ‘Migration Right Centers’ a model of joint border monitoring in association with Sashastra
Seema Bal (SSB). Providing relevant information to cross border migrants entering into India has been an important
feature of this intervention and it has proved its significance in terms of making migrants aware about their journey
(Transition), their safety and to guide them as per their need & ability. In 2011-12 , 12765 cross border and interstate
migrants have been counselled and 187 apparent victims of human trafficking have been rescued and repatriated /
reintegrated.
SEVA has developed a guidebook on standard operational procedures for Government departments, Law enforcement
authorities, Recruitment Agencies, Border Administration, Transport Unions and NGOs. The SOP document was
developed after studying a wide range of consultations by IOM, ILO, MOIA and other migration related organizations.
The key components of the SOP include:
1.
Guidelines for Recruitment agencies
2.
Guide kit for border law enforcing agencies
3.
Minimum standard operational guidelines for NGOs working migrant rights
4.
Guide kit for government departments including police regarding the rights based framework while dealing
with migrants
Manav Seva Sanstha is the Secretariat of CBATN (Cross Border Anti Trafficking Network) a South Asian regional
level network with more than 600 members from the government & NGOs. The focus of the Network is cross
border prevention of trafficking in person, strengthening of cross border law enforcement and justice delivery and
strengthening cross border repatriation and reintegration mechanism.
Contact Details:
Jatashankar Tripathi
LIG 198, VIKAS NAGAR, P.O. FERTILIZER, BARGADWA
District: GORAKHPUR
State: UTTAR PRADESH
Pin code: 273007
Phone No (1): 0551 2261396
Mobile Number: (0) 9838704111
E-mail: [email protected]
Website: www.mssseva.org
NEDAN
NEDAN works with a commitment and conviction for eradication of trafficking of women and children with dual
vulnerability to HIV in the North East Region of India. It believes that eradication of this worst form of human rights
violation is only possible through partnership, trans-border co-operation and strong networking with like-minded
people and community at large. It partners with Civil Society Organizations and government bodies in the region
as well as with community on various aspects of prevention, protection, repatriation and re-integration through
alternative livelihood. The larger target oriented goal is to evolve counter human trafficking and HIV intervention
strategies with demonstrated field practices for scaling up, replication and adaptation. The core anti-human trafficking
and HIV interventions are planned keeping in mind the most vulnerable community.
Contact Details:
Digambar Narzary
Chairperson
Ward No 11, Bodofa Nwgwr, Dimalgaon
P.O. Titaguri, Dist. Kokrajhar
Bodoland Territorial Council (BTC)
Assam-783370, North East-India
Ph # 91-3661-275085 or 09435027087
Email: [email protected], [email protected]
Website: www.nedan.in
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PRERANA
Prerana, a Civil Society Organization, was established in 1986 with a mission to end second generation prostitution
and to protect women and children from the threats of human trafficking by defending their rights and dignity,
providing a safe environment, supporting their education and health and leading major advocacy efforts. The work
that commenced through 24x7 field based service centers in the heart of the red-light district of Kamathipura,
Mumbai with a “rights perspective” soon spread over to other red-light districts.
Prerana's path breaking successful interventions include the ‘globally first’ Night Care Centre, Day Care Centre,
Educational Support Program, Institutional Placement Program, Drop-in Centre, Victim Collectives for Civic Rights,
Anti CSE&T Electronic Mail News Service, Community Animators' Project, Anti Trafficking Centre and Post Rescue
Operations. Through its continuous efforts, it has reached out to over 15,000 children, shifted over 1,700 from red
light areas to child care institutions for long term residential care and protection. It shelters 250 children on any given
night in its 3 Night Care Centres and covers 1,800 children through comprehensive educational support programme.
It was the first organization in the continent that took comprehensive care of children and their mothers who were
infected and affected by HIV as early as 1988. Some of Prerana’s interventions were documented by the Government
of India in its 'Plan of Action, 1998' - the first national policy on child trafficking.
Contact Details:
Priti Patkar
Ground Floor, Khetwadi Municipal School,
Behind Alankar Theatre,
1st Lane, Khetwadi, Grant Road (East),
Mumbai – 400004.
Landline Number: 022-23877637
Email: [email protected]
Website: http://www.preranaantitrafficking.org/
BHARATIYA KISAN SANGH – ATSEC JHARKHAND CHAPTER
ATSEC JHARKHAND has taken various measures for rescue and rehabilitation of trafficked children by providing
education counseling and safe shelter homes. It has established a Toll Free number for people in distress, so that
they may be traced out easily and rescued. It provides a rescued victim with an alternative income opportunity.
Traumatized victims are rehabilitated effectively within the larger society. ATSEC Jharkhand has also been involved
in coordination with the law enforcement agencies and NGOs through workshops, meetings and at diverse platforms
whenever possible.
Bhartiya Kisan Sangh also the state coordinator of ATSEC Jharkhand chapter has taken initiative and has established
a shelter home, “Kishori Niketan” at Bijupara for the trafficked survivors in the year 2003. The shelter home has
rehabilitated over 1,075 girls till now. The home was built upon the commitment to reduce the vulnerability of women
and children and provide care and support to the survivors of trafficking and further restore their life with dignity and
future prospects.
Contact Details:
Sanjay Kr. Mishra
Bhartiya Kisan Sangh
Shree Ram Nagar, Road No.-3, P.O.-Hehal, Itki road,
Ranchi Jharkhand, India.
Pin-834005, Phone+Fax: 0651-2511000/2511200, Mobile No. :91-9431114532
Women and Child helpline (Toll Free No.)-1800 3456 531
E-mail: [email protected]
BACHPAN BACHAO ANDOLAN (BBA)
Bachpan Bachao Andolan (BBA) is a pioneering child rights movement working to end child trafficking, child labour
and ensure education for all. Since its inception in 1980, BBA has rescued more than 80,000 children trafficked for
forced labour. BBA's initiatives include identification of child labourers, their rescue/withdrawal and rehabilitation,
awareness generation, coalition building, legal action and policy advocacy. It undertakes rescue of trafficked child
labourers and their rehabilitation. Between April 2011 and March 2012, BBA organised 107 raids across India rescuing
1,152 child/bonded labourers. In the same period, 452 release certificates were also issued and 751 children were
rehabilitated through Mukti Ashram (a short term rehabilitation facility in Delhi). BBA considers prevention as the
most significant of its strategies in preventing trafficking of children through promotion of Right to Education, public
awareness campaigns, policy change and partnership developments with like-minded organisations and individuals.
BBA's campaign on wheels, Mukti Caravan, travels in villages where its members enact skits and plays on child
trafficking, exploitation and child rights. Last year it reached approximately 30,000 people in four states. BBA's
Child Friendly Village Programme is currently running in four states preventing trafficking of children by enrolling all
children withdrawn from work in schools. BBA's legal intervention for policy change to prevent trafficking of children
for forced labour is underpinned by judgements from different courts in India. Due to legal action brought by BBA,
prosecution of employers found employing child labour has been regularised. From April 2011 to March 2012, BBA
ensured registration of 44 FIRs against employers with arrest of 171 employers and recovery of Rs. 34,80,000 (US
$69302) as fine. BBA also undertakes training and sensitisation activities of the law enforcement agencies as well
as the judiciary on the issues of child labour and child trafficking. In 2009, BBA developted a Standard Operating
Procedure on Investigation of Crimes of Trafficking for Forced Labour in collaboration with Government of India and
the UNODC.
Contact Details:
Bhuwan Ribhu
Bachpan Bachao Andolan
L - 6, Kalkaji, New Delhi - 110019
# +91 11 4160 2524, 2622 4899
Mobile: +91 9811 546261
www.bba.org.in
ATSEC
ATSEC or Action against Trafficking and Sexual Exploitation of Children is one of the oldest and most sustained antitrafficking networks that has been functional since 1998 in the South Asian Region. ATSEC is the first network in
South Asia to come up exclusively against trafficking. It is a network of NGOs and Community Based Organizations
(more than 500 in all) from across the country that fight trafficking through extensive networking on prevention,
protection and prosecution from the macro to the micro scale. ATSEC is also a network of networks, i.e. there are
several smaller networks that are in turn ATSEC members.ATSEC is spread over five countries – Bangladesh, Nepal,
Pakistan, Sri Lanka and India, with two more to be added soon – Afghanistan and Mauritius. ATSEC India has been
the most effective network against trafficking in the country and is headquartered in Kolkata with an NGO called
Socio Legal Aid Research and Training Centre (SLARTC).
ATSEC in West Bengal – As one of the pro-active members of the network, SLARTC is doing prosecution work on
behalf of the State Judiciary that normally is an exclusive right of the State Appointed Public Prosecutors. This is
an extraordinary achievement where an NGO has been given the authority of substituting the state machinery’s
specific role. The transfer of responsibility from the Government Prosecutors to the NGO lawyers took place during
deliberations and subsequent judgement by the High Court on a Public Interest Litigation.
ATSEC in Bihar – The achievements of ATSEC Bihar are wide ranging. It has trained and oriented 55 lawyers on the
issue of child trafficking; organized training of trainers for heads of NGOs, sensitized police, the state selection board
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and government functionaries on the issue, given orientation to priests of different religions and established the
Inter Religious Priest Forum in Bihar. It has established vigilance cells in eight districts of Bihar that lie across the
Indo-Nepal border to check trafficking and created mass awareness through innovative mechanisms. The network
in Bihar has actually rescued as many as 265 children and repatriated 125 children through its 115 partners across
the State. 209 legal cases have been filed against traffickers of children.
ATSEC in Jharkhand– Formed in 2001, ATSEC Jharkhand has as many as 64 partner organizations. It works closely
with the Social Welfare Department, Labour Department and Education Project Council. It has been successful in
sensitizing the Police Department on issues of trafficking. ATSEC Jharkhand also started its transit shelter home,
“Kishori Niketan”, in 2003, with the sole aim of providing care and protection to survivors of trafficking. From 2006
onwards, it is also running two similar shelter homes in Bijupara and Burmu, Ranchi District.
Contact Details:
Manabendra Mandal
National Coordinator & Secretary General
ATSEC India
P-112 Lake Terrace, Kolkata - 700029
Ph: 033-2464 5430/6098
Fax: 033-2466-5659
Email: [email protected]
Website: www.atsec-india.org
IMPULSE NGO NETWORK
Impulse works toward ensuring that equal human rights are provided for all, particularly women and children. This
mission is two-fold: to provide direct provisions for those in need of care, protection and empowerment and to create
networks with the community, other NGOs/CBOs, and government bodies to ensure a rights-based approach for all,
as well as sustainable livelihoods are available for those who need them.
Impulse NGO Network developed the Meghalaya model to combat child trafficking in North East India as a single
comprehensive strategic plan, to be adopted by all state agencies and citizen’s organizations in the region. Meghalaya
and the rest of Northeast India have emerged as a new supply zone for human traffickers. Due to the region’s
porous international borders with neighbouring countries, North East India is also vulnerable to cross-border human
trafficking. Impulse conceived of the Meghalaya model. The Meghalaya model addresses the issue of child trafficking
and consists of a comprehensive tracking system that brings together the State Government, security agencies,
legal support, the media, and civil service organizations. Currently, each of the eight states of North East India is
integrating the strategy. The Meghalaya State Government has now accepted the model as an integral part of its
anti-trafficking operations. Impulse is in the process of signing Memorandum of Understanding with various state
departments to ensure appropriate implementation of the model.
For more than 10 years, Impulse has been working with rural communities in Meghalaya and guiding them to
sustainable living.The work with rural villages began in 1993 with the Syntein Village Project, utilising local villagers’
traditions with handicrafts and handiwork to guide them in creating a sustainable livelihood. The organisation focused
on capacity building, design inputs and marketing linkages. Following the start of the Syntein Village Project, Impulse
began the village adoption programme as a way to help Laitsohum Village, which was not involved in handicraft
work. Because of the organisation’s work with rural villages and handicraft projects, the Development Commissioner
(Handicrafts), Ministry of Textiles, Government of India, New Delhi chose Impulse as the implementing agency for a
Baba Sahab Ambedkar Hastshilp Vikas Yojana (AHVY) Project. To provide even more training for the artisans of the
AVHY Project, Impulse began the Shillong Common Facility Centre (CFC) to expose them to even more technology,
designs, and training. Although Impulse no longer works directly in rural livelihood sustainability, the organisation
continues to extend its networking reach and provide support for other groups working in the field. Since 2004,
Impulse has been extending its design inputs and market linkages internationally to a partner organisation in Assam,
North East Social Trust (NEST), that is working with Textile and WISE in Meghalaya.
Impulse has recently launched Impulse Social Enterprises that will develop goods, services, distribution channels and
access to markets for those in need of sustainable livelihoods, while investing in partnerships with other development
organizations to advance broader social and economic rights, particularly for women and children. Through high
quality products and services that engage customers with the social context of producers and their communities,
Impulse Social Enterprises will seek profitability to ensure its long term sustainability and the realization of its vision.
Contact Details:
Ms.Hasina Kharbih
Near Horse Shoe Building
Lower Lachumiere
Shillong, Meghalaya,
India - 793001
Phone: + 91 364 250 3140 , +91 364 222 1859 / 2300075
PRAJWALA
Prajwala is an anti-trafficking organization based in Hyderabad, Andhra Pradesh. As an organizational policy,
Prajwala believes in working with survivors of trafficking who are full time partners in the day-to-day functioning of
the organization. Interestingly, about 60 percent of the organization comprises survivors of trafficking themselves
not just as mere staff members at the lowest rung but also as decision makers and programme monitors. Prajwala
is the nodal agency in the AHTU in Andhra Pradesh and collaborates with the state police on all aspects of rescue
and post rescue operations. In order to prevent sex trafficking through education, transition centres are started for
vulnerable children who live in poor localities. These centres are just bridging spaces to mainstream education in
regular schools. These centers provide for the holistic psycho-social and scholastic needs of the child. The concept
of bridging the space also provides coping skills that will support the child to competently perform in the mainstream
school.
To make the problem of sex trafficking visible, an action research on inter state sex trafficking was conducted
by Prajwala. Published as “The Shattered Innocence” this study for the first time brought to light the extent and
magnitude of inter-state sex trafficking from Andhra Pradesh to other states. Released by the government the study
made a huge impact on the minds of people. As a consequence the State of Andhra Pradesh became the first state in
the country to evolve an anti-trafficking policy. With the intervention of Prajwala a collective attempt was made with
partner child rights organizations and UNICEF to bring in co-management of government homes so as to improve
the conditions of government homes.
Identification of need-based, aptitude based, market assessed, viable & sustainable economic options is critical for
long term rehabilitation. As this group is specially stigmatized and traumatized, the scope of social reintegration is
poor. Any intervention for family based trades may not be suitable. Therefore the options provided should be able
to sustain the survivor’s life independently without dependence for basic sustenance. At Prajwala, efforts are taken
to do a thorough market study before adopting any particular trade or employment option. Only those livelihood
options are chosen which are viable in the job market.
Efforts have been taken to explore both employment and self employment alternatives for the survivors. In this
process corporate partnership, establishment of small scale industries and entrepreneurship development has been
explored. For any long term systemic change to happen, policy framework and policy input is necessary otherwise
civil society intervention largely end up as a reactionary process without long term impact. It is with this objective
in mind Prajwala got into advocacy work, lobbying for policy changes at the state, national and international levels.
Both policy and legal lobbying is done to bring systemic changes.
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Contact Details:
Dr Sunitha Krishnan
Prajwala
20-4-34, III Floor, Behind Charminar Bus Stand
Charminar, Hyderabad
Andhra Pradesh, INDIA
Zip/Pin: 500 002
Ph: +91 40 24510290
Fax: +91 40 24410813
Email: [email protected]
RESCUE FOUNDATION
Rescue Foundation works for rescue, rehabilitation and repatriation of victims of human trafficking from different
parts of India, Nepal & Bangladesh, being sold for forced prostitution. Rescue Foundation operates in the State of
Maharashtra but has also spread its work in other parts of Western India. Rescue Foundation runs a protective home
(shelter) for the rescued girls. Their work focuses on eradication of trafficking; rescue of minors from trafficking and
commercial sexual exploitation; running of the protective home with facilities such as counselling, training (vocational
and life-skills), legal assistance, health care services (physical and psychological) and consequent repatriation. The
organization not only provides pragmatic, practical and informed solutions to the victims to make better choices for
their future but also vocational guidance and counselling to rehabilitate them and to give them a valued chance to
live respectable life as law-abiding citizens. Assisting victims to prosecute their traffickers and the persons involved
in their sexual abuse and repatriation services are also provided by the organization.
Rescue Foundation is involved in multifarious activities for rescuing, rehabilitating, reintegrating and repatriating the
unfortunate, underprivileged girls and children from hell to human society. It conducts detailed investigation about
presence of minor girls in a brothel and verification of the girls for whom missing complaints are received either
from the parents or from NGOs is very necessary before scheduling the rescue raid. This also involves careful inbrothel counseling. Rescue Foundation has developed its expertise in rescue of victims from brothels. It provides all
rescued victims security and shelter through its shelter homes. Rescue Foundation trains victims in various income
generating skills like tailoring, embroidery, crafts, vocational training, drawing, yoga, karate etc. This is essential
because victims hail form poor families and need skills to sustain themselves in life. Rescue Foundation runs a
Recovery Care Centre for victims of human trafficking in order to provide special care and protection.
Punishing the anti-social elements by law, is a strong deterrent to the crime of human trafficking. Rescue Foundation
file suits in the court of law against the brothel keepers who have subjected these girls to mental and physical
torture in the brothels for forcing them to prostitute. This also involves legal counseling, training the girls for court
procedures by conducting mock trials and producing them as witnesses in the court. Rescue Foundation also
undertakes repatriation of victims of trafficking to their home states or families. It has also been involved in cross
border repatriation of victims to Bangladesh and Nepal.
Contact Details:
Triveni Acharya
Plot No.39, Fatimadevi Road, Behind Our Lady of Remedy School,
Poisur, Kandivali (W), Mumbai - 400067, Maharastra, India.
Telephone : +91-22-28060707 / 28625240
Fax : +91-22-28663322 / 28084161
Help Line No : 1800 180 1000
Mobile : +91-98202 10705
E-mail : [email protected]
Website : www.rescuefoundation.net
STOP (Stop Trafficking & Oppression of Children & Women)
STOP, a Delhi based organization, ensures that the empowerment of girl children and women is recognized as a
strategy to create a gender sensitive society. STOP aims to re-integrate trafficked survivors by restoring their selfesteem and confidence by providing them marketable job opportunities for self-sustenance. The Institutional Care
and Protection Facility, run by STOP is the core programme of the organization. Besides this, the organization in
partnership with the State Law Enforcement Mechanism, focuses on rescuing of minors from being trafficked or
from places of sexual exploitation and also engages itself in national, regional and international level advocacy on the
issue of trafficking and commercial sexual exploitation.
STOP’s activities include both preventive and prohibitive strategies ranging from community intelligence services,
recovery and long term legal aid for the survivors, prosecution of perpetrators and repatriation of foreign nationals.
Rescue and recovery of children and women is one of the major intervention strategies of the organization towards
combating trafficking in persons. Post recovery the long term reintegration of survivors is a dedicated and consistent
effort that STOP’s teams are engaged in through out the calendar.
Pursuing prosecution of traffickers is a long-term major intervention strategy, given that successful prosecution of
traffickers can have a deterrent effect on the operation of traffickers. STOP has represented more than 700 survivors
before the court of law and cooperating law enforcing agencies. With respect of prosecution of traffickers, 200
arrests and 78 conviction orders have been obtained, out of which many have resulted in imprisonment of seven
years and fine. STOP has rescued and repatriated over 3000 women over the years. Over 700 children have found
new hope in life through the “AASHRAY” children’s family home.
Contact Details:
Dr. Roma Debabrata
STOP (STOP Trafficking and Oppression of children & women)
C-570, Ground Floor, JVTS Garden, Road no.5, Chattarpur Extension,
New Delhi-110074, INDIA
Phone: + 91-11- 65578290, 24535462, 9818372481
Fax: +91-11-26804829
Email: [email protected]
Website:www.stopindia.org
SHAKTI VAHINI
Shakti Vahini is a national voluntary organization working on the issue of Anti Trafficking. Shaki Vahini interventions
are spread across Delhi, Haryana, West Bengal, Bihar, Jharkhand & Assam. Shakti Vahini intervenes in all forms
of trafficking which include forced labour trafficking, trafficking for commercial sexual exploitation, trafficking for
forced marriages and trafficking for child labour.
Shakti Vahini interventions include collection of information, investigation, raids and rescue, counselling of
victims, care and protection of victims, conducting of home investigation report , assisting the victims to access
compensation, supporting the victims to fight their cases, preparing dossiers of traffickers, sharing the information
with law enforcement and undertaking repatriation and rehabilitation. Shakti Vahini repatriates victims with support
of government agencies and in collaboration with local NGOs.
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In recent years from 2005 onwards these has been a huge increase in trafficking from West Bengal, Jharkhand and
Assam which is being fuelled by the intense demand in the National Capital Region for domestic labour and also
for commercial sexual exploitation. Haryana due to its adverse sex ratio has been witnessing increase in trafficking
from these regions for forced marriages. It is the sizeable increase in trafficking from the region that made Shakti
Vahini to open a centre at Jalpaiguri in 2007. In the last four years Shakti Vahini has been continuously working to
build partnerships with various agencies in order to have a coordinated response. In this context Shakti Vahini has
initiated networking and advocacy with various Anti Human Trafficking Units across North Bengal and has partnered
with CID West Bengal Police to rescue victims in several cases of trafficking. It has also initiated partnerships with
the General Railway Police at Jalpaiguri, Kathihar and Malda. It has launched a series of training programmes with
Railway Police Force in the region
In all cases of trafficking, Shakti Vahini ensures that the cases are investigated properly and exploitation happening
from source, transit and destination are linked. Shakti Vahini has been continuously linking the source areas to the
destination for proper action against the traffickers.
Shakti Vahini conducts several police training programmes across the country in collaboration with the Anti Human
Trafficking Units. Shakti Vahini is the member of the Central Advisory Committee on Trafficking and Prostitution
formed by the Ministry of Women and Child, Govt of India and has also recently been appointed by the Supreme
Court in a panel to advise the court on the work of rehabilitation of Sex Workers.
In this context, Shakti Vahini has been building partnerships with source areas organizations to trace various cases
of trafficking. It has held several consultations in the region with many of the grass root organizations to enhance
their capabilities and also for stricter actions against traffickers.
Since 2010, Shakti Vahini has intervened in 1270 cases and rescued 1300 victims. It has also been part of 462 court
proceedings and trial and has achieved conviction in 26 cases till date. Shakti Vahini has been involved in various
Public Interest Litigations on issues connecting to human trafficking and victim protection.
Contact Details:
Ravi Kant
President, Shakti Vahini ,
H-11, 2ND Floor,
Hudson Lines, Kingsway Camp, New Delhi-110009
Phone: 011-42870188, (M) 09899699210
E mail: [email protected]
Web: www.shaktivahini.org
Save The Children India (STCI)
Save The Children India is a non-governmental organization that envisions India as a child friendly nation. The
organization is committed to preventing exploitation and all other forms of discrimination against children who are
vulnerable on account of their caste, class or sex. It works on varied development issues with a special focus on
children’s education, women’s empowerment, combating human trafficking and health.
STCI has been implementing the ‘Prevention of Trafficking’ program in rural Maharashtra by addressing the various
social and economic causes that result in human trafficking. In Mumbai, which is one of the major destinations in
India of human trafficking, STCI assists the government in the effective rehabilitation of trafficked survivors who
are rescued from exploitative situations and residing in government protective homes. This is done through their
employability skill-development in various courses that are marketable and which have a prospect of career growth.
The Organisation also ensures adequate job placement of the survivors after the completion of the training.
Concurrently, since the year 2006, STCI has been engaged in Sensitization and Capacity Building of the Law
Enforcement Agencies i.e. police, prosecutors and judges of Maharashtra. The organisation has trained over 2500
police officers, over 400 prosecutors and over 500 judges in the state of Maharashtra.
Ever since the inception of the Maharashtra Judicial Academy at Uttan, STCI has been conducting sensitization and
capacity building sessions with the Judicial Officers of Maharashtra for effective adjudication of trafficking crimes.
The organisation has established lasting collaboration with the Academy vis-a-vis addressing trafficking crimes.
Recently, the organisation in partnership with the Maharashtra Judicial Academy prepared a Training Module for
Judicial Officers on Anti Human Trafficking.
STCI is also involved in the Policy Advocacy Initiatives at the State and National Level to Counter Trafficking. In
the year 2007, STCI was instrumental in developing the Maharashtra State Plan of Action to Combat Trafficking.
After the endorsement of the Plan of Action by the Department of Women and Child Development, Government of
Maharashtra, STCI in partnership with the Department established the State Level Anti Trafficking Coordination Unit
in Pune district for the implementation of the State Plan of Action. In the year 2009, STCI along with the UNODC and
PATA developed the Code of Conduct for Safe and Honourable Tourism to address the ever growing phenomenon
of sex tourism in the country. The Code has been adopted by the Ministry of Tourism, Government of India in the
year 2010.
Very recently, STCI has started assisting the Special Court in Mumbai in the Immoral Traffic Prevention Act Cases.
Whilst countering human trafficking, the organisation has adopted a collaborative approach and in the process has
partnered with the corporate sector, international agencies like the United Nations and has been working alongside
the government and other stakeholders to address the issue holistically.
Contact Details:
Save The Children India
S F 9, ‘G’ Block, Near American School of Bombay
Bandra Kurla Complex, Bandra (East)
Mumbai – 400 098.
Phone Nos. 022-26520601/022-26520602
Fax – 022- 20620604.
Website: www.savethechildrenindia.org
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Annexures
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Annexure 1: Advisory on preventing and combating human trafficking in India - dealing with
foreign nationals dated 01.05.2012
Annexure 2: Advisory on Human Trafficking as organized crime issued by the Ministry of
Home Affairs, Government of India dated 30.04.2012
Annexure 3: Advisory on missing children issued by the Ministry of Home Affairs, Government
of India dated 31.01.2012
Annexure 4: Advisory on Preventing & Combating Cyber Crime against Children issued by the
Ministry of Home Affairs, Government of India dated 04.01.2012
Annexure 5: Advisory on measures to be taken by States/UTs for combating trafficking of
women and children for commercial sexual exploitation issued by the Ministry of
Women and Child, Government of India dated 12.10.2011
Annexure 6: Advisory on Prevention, Registration, Investigation and Prosecution of Crime
issued by the Ministry of Home Affairs, Government of India dated 16 .07.2010
Annexure 7: Advisory on Crime against Children issued by the Ministry of Home Affairs,
Government of India dated 14 .07.2010
Annexure 8: Advisory on Preventing and Combating Human Trafficking in India issued by the
Ministry of Home Affairs, Government of India dated 09.09.2009
Annexure 9: Advisory on Crime against Women issued by the Ministry of Home Affairs,
Government of India dated 04.09.2009
Annexure 10: Adoption of Minimum Standards of Care by Institutions & Service providers
providing protective and rehabilitative facilities to victims of commercial sexual
exploitation/sex trafficking – Orders. GO MS 16 WD, CW & DW Deptt , Government
of Andhra Pradesh, dated 24.04.2010.
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Annexure 1
No. 14051/14/2011-F.VI
Government of India
Ministry of Home Affairs
(Foreigners Division)
Dated 1st May, 2012
OFFICE MEMORANDUM
Subject: Advisory on preventing and combating human trafficking in India - dealing with foreign nationals.
1.
The undersigned is directed to refer to this Ministry’s Office Memorandum No. 15011/6/2009-ATC (Advisory)
dated 09.09.2009 on the above mentioned subject (copy enclosed). It has come to the notice of this Ministry
that foreign nationals are associated in some instances of human trafficking among women and children.
2. Further to the detailed procedure outlined in the above mentioned Office Memorandum, it has been decided
with the approval of the competent authority that in cases of foreign nationals who are apprehended in
connection with human trafficking, the State Governments / UT Administrations may follow the following
procedure:
(i) Immediately after a foreign national is apprehended on charges of human trafficking, a detailed
interrogation/investigation should be carried out to ascertain whether the person concerned is a victim
or a trafficker.
(ii) The victims and the persons actually involved in human trafficking should be treated differently by the
police authorities. This is in line with the SAARC Convention which advocates a victim-centric approach.
(iii) Missions/Posts in India may be informed of the arrest/detention of the foreign national by the concerned
state or other authorities through CPV division in the Ministry of External Affairs(MEA) or the concerned
territorial Division in MEA.
(iv) It is seen that in general, the foreign victims of human trafficking are found without valid passport or
visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted
under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge
in crime out of her own free will, the State Government / UT Administration may not file a charge sheet
against the victim. If the chargesheet has already been filed under the Foreigners Act and other relevant
laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is
concerned. Immediate action may be taken to furnish the details of such victims to the Ministry of
External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned
is repatriated to the country of her origin through diplomatic channels.
(v) During the interim period, pending repatriation, the victim may be taken care of in an appropriate
children’s home, or “Ujjawala” home or appropriate shelter home either of the State Government
concerned or of any NGO aided by the Government of India / State Government.
(vi) If the investigation reveals that the person is actually a trafficker, he/she may be charge-sheeted under
the Immoral Trafficking Prevention Act and the Foreigners Act and due process of law should be followed
in such cases.
(vii) In order to ensure better conviction rates of perpetrators of the crime of trafficking, prosecution should
be based on documentary, forensic and material evidence. State Governments are advised to encourage
the law enforcement agencies to investigate the cases in a manner that they are able to build fool proof
cases against the traffickers, so that convictions can be guaranteed. Use of fasttrack courts and video
conferencing to the extent possible also need to be ensured. Please refer to para 7 of the enclosed
Advisory dated 9.9.2009.
3.
All other instructions contained in this Ministry’s Advisory dated 09.09.2009 including reporting to the Anti
Human Trafficking Nodal Cell in MHA will be applicable in the case of foreign nationals associated with
human trafficking, whether they are women or children (children means both boys and girls upto 18 years
of age).
4. You are requested to issue suitable directions to all concerned under intimation to this Ministry.
5. The receipt of this Office Memorandum may kindly be acknowledged.
(G.V.V. Sarma)
Joint Secretary to the Govt. of India
To
The Chief Secretaries/Principal Secretaries/ Secretary (Home) of all
State Governments and Union Territory Administrations.
Copy for information and necessary action to:(i) The DGs / IGs (In-charge of Prisons) /- All State Governments/UTs
(ii) Sri Sandeep Goel, Joint Commissioner(Crime), 3rd Floor, Police Station Kamla Market, Delhi.
(iii) Ministry of Women and Child Development(Smt. Aditi Ray, Senior Economic Advisor), Shastri Bhavan, New
Delhi.
(iv) Secretary, Ministry of Labour, Shram Shakti Bhavan, New Delhi
(v) Secretary, Ministry of Social Justice & Empowerment, Shastri Bhavan, New Delhi.
(vi) Secretary, Ministry of Overseas Indian Affairs, Akbar Bhavan, New Delhi.
(vii) Ministry of External Affairs:
(a) Addl. Secretary(PV) (b) JS(Consular) (c) JS(BSM)
(viii) Chairperson, National Commission for Women, 4, Deen Dayal Upadhyaya Marg, New Delhi.
(ix) Chairperson, National Commission for Protection of Child Rights, 5th Floor, Chandralok Building, Janpath,
New Delhi.
(x) Chairperson, National Human Rights Commission, Copernicus Marg, New Delhi.
(xi) Director General, NCRB, R.K.Puram, New Delhi.
(xii) Director General, BPR&D, New Delhi.
(xiii) Director General, Border Security Force, New Delhi.
(xiv) Director, CBI, New Delhi..
(xv) AS(CS) / JS(CS) / JS(UT) / JS(NE) / JS(K), MHA, North Block, New Delhi.
(G.V.V. Sarma)
Joint Secretary to the Govt. of India
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Annexure 2
F.NO.15011/27/2011-ATC
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA
NORTH BLOCK, NEW DELHI
CS DIVISION
New Delhi, the 30 April, 2012
OFFICE MEMORANDUM
Subject: Advisory on Human Trafficking as organized crime.
1.
Human Trafficking (HT) is a serious crime and a gross violation of human rights. It is very often linked with
organised crime and is considered as one of the most profitable criminal activities worldwide. Combating
and preventing HT requires special skills and effort to prevent, investigate and prosecute offenders. Generally
a group of offenders in HT crimes ranges from the spotter, recruiter, agents of recruiters, transporter,
harbourer, brothel manager, brothel keeper, exploiters, etc at the lower rung and organized crime syndicates
above which need to be investigated at source, transit and destination.
2.
In May 2011, Government of India ratified the United Nations Convention against Transnational Organized
Crime (UNTOC) and one of its three protocols includes the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially women and children. The UNTOC is the first comprehensive and global
legally binding instrument to fight transnational organized crime and as such has provided for a universally
accepted definition of “organized criminal group” and also lists the offences which are transnational in
nature. Though there is currently no central legislation in India with regard to organized crime, Maharashtra
has enacted the MCOCA 2000 and some States have adopted the same and other states can also do likewise.
Legal action against trafficking in India is being taken under the IPC and the Immoral Traffic Prevention Act
(ITPA), 1986 and MCOCA against those involved in HT.
3.
Organised Crime involves any continuing unlawful activity by an individual, singly or jointly, either as a
member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of
violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary
benefits, or gaining undue economic or other advantage for himself or any other persons or promoting
insurgency.
4.
The present advisory is intended to provide guidelines to law enforcement agencies on the manner and
modalities regarding the crime which should be implemented in conjunction with a MHA Advisory dated
09.09.2009. F.No.15011/6/2009-ATC- (Advisory).
5.
Central Bureau of Investigation (CBI), Government of India, is the national Nodal Authority to receive and
respond to all requests for all inter-state and cross border assistance as a single point of contact and to act as
liaison between the Ministry of External Affairs and other State parties on matters relating to the Convention
as well as the Protocols. One unit in Special Crime Division of CBI has been designated as AHTU to provide
specialized assistance in the area of HT of children and women for the purpose of begging, prostitution,
pornography, forced labour in industries & other forms of exploitation. Criminal Intelligence Cell (CIC), CBI
which receives data on gangs involved in kidnapping from all States/UTs in India has been subsumed into
this Unit. To ensure that all links in a HT chain are identified and prosecuted as per law, the State/UT police
agencies can also take assistance of AHTU, CBI for capacity building as well as for investigation of cases
having international ramifications. The agency has also activated a helpline number (011-24368638), where
any person, having inputs about gangs and syndicates involved in HT can give information.
6.
The following key action points need to be addressed by States/UTs for effectively dealing with the organized
crime aspect of human trafficking.
a) Anti Human Trafficking Units (AHTUs): All states are urged to utilize the AHTUs as a key machinery to
deal with the crimes of HT in a holistic manner. Police officers in the AHTU should collect/disseminate/
utilize intelligence on offenders; maintain database of offenders as well as their hierarchical structure,
place of operation, segments of supply chain and allied places of exploitation; partner with NGOs
and local communities to unearth information relating to HT and above all carry out a professional
investigation.
b) Sensitisation of Law Enforcement Agencies: Police/Border Guards/Railway Police/Immigration
officers, Prosecutors and Judiciary may be sensitized through training /seminars and workshops for the
effective implementation of the ITPA, the IPC (Sections 3A, 107-117,120A, 120B, 551), the Prevention
of Corruption Act, 1988, (Sections 7-11, 13, 17, 20) and other relevant state legislations. This should be
with the specific purpose of dealing with the organized aspect of trafficking.
c) Special Police Officers (SPO): U/s 13 of the ITPA, the State Government may appoint SPOs and ‘Nonofficial advisory bodies’ to advise the SPOs for dealing with offences under the ITPA.
d) Local Intelligence Units (LIU): State Governments may consider setting up LIUs in all districts against
organized crime to gather intelligence and ensure that it is disseminated. Priority should be given to the
database on traffickers and their networks. Their profiling and surveillance can be an effective tool for
intelligence collection and for prevention of trafficking.
e) Helplines: State police agencies may set up helplines and special desks in the police stations and
control rooms to address this issue on a real time basis.
f)
SOPs: The protocol on Inter-State rescue and Post-Rescue activities and Standard Operating Procedures
for Investigation etc. developed jointly by the MHA and UNODC for conducting joint investigations and
operations which also facilitate exchange of information about traffickers and their mode of operation,
routes etc should be implemented. These resource materials should be translated and re-printed by the
states into local languages for wider use and dissemination.
7. INVESTIGATION OF ORGANISED HUMAN TRAFFICKING CASES
Only relentless law enforcement pressure can diminish the possibility of unattached criminal elements forging
alliances with big crime figures, constitute criminal networks and thereby spawn the phenomenon of organised
crime. Organised crime can only be combated by a deft mix of good intelligence, proper and exhaustive investigation
and national and state level coordination.
8. SUMMARY OF GUIDELINES FOR INVESTIGATION.
An organised criminal group is structured in a hierarchical manner so that the kingpins are insulated from law
enforcement. Conviction of kingpins is difficult because of rules of evidence: witnesses are not willing to depose
for fear of their lives and informers fail assist law enforcement agencies as documentary evidence is not available.
For counter these difficulties which hinder proper investigation and prosecution of cases, the following measures
are beneficial – inter-agency coordination, use of undercover agents, early completion of investigation and speedy
trials, access to common databases for enforcement, witness protection, confiscation of crime proceeds, training of
investigation officers and use of Mutual Legal Assistance Treaty (MLAT) for assistance in investigation from other
countries.
9.1 Ingredient of Offence: Each ingredient of an offence made out in a case must be clearly identified and must
be matched against the relevant pieces of available evidence as well as the legal admissibility of each piece
of evidence along with linking it with one or more ingredients.
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9.2 Investigation at source, transit and destination:
a) Evidence collection at the source to ascertain the true identity of a victim, identify and whereabouts of the
local gang members and their contacts (links), the modus operandi used for recruitment/engagement of
a victim, complicity of the family and others (if any).
b) Evidence collection through transit is required to establish transfer of a victim, routes and modes of
transportation used, identify accomplices and the methods used to control a victim through the transfer.
c) Evidence collection at the destination to establish the nature of exploitation, methods employed by
exploiters to control a victim, impact of exploitation on a victim, places used for exploitation, identification
of gang members operating the business, property and assets of a gang and individual members,
complicity of officials (if any).
9.3 Corroborative evidence: Medical reports should be used to establish the nature of exploitation and its impact
on victims. Age estimation of a child victim is necessary to book offenders under more stringent provisions;
DNA/finger prints and such other test reports may be obtained to establish the identity of a person (victim/
accused); call record analysis of gang members to establish contact between relevant persons (victim/
accused/others), travel documents/tickets used by traffickers to establish movement of victims/accused and
forensic reports of items seized from a scene of crime (SOC) such as blood stains, instruments, weapons,
registers, property papers etc. are other forms of evidence which should be used to establish relevant facts
for a case.
9.4 Independent reports from other agencies: An Inquiry report submitted under Section-10A (b(i) or 17(2)
or 19(3) ITPA, would be highly relevant and useful in cases involving adult female victims of trafficking for
commercial and sexual exploitation. Similarly, inquiry report submitted u/s 33 JJ Act in case of child victim
or Income Tax department assessment or any other official agency in relation to the activities/assets of an
accused or the gang or a Counsellor’s report about the condition of a victim would be of utility.
9.5 Sequence of events: The sequence of events from ‘source to destination’ should be reconstructed with
all available information to identify the missing links of information and their legal admissibility. Each SOC
should also be individually reconstructed to identify the missing links of information/evidence. The role
of predators/accomplices such as Procurers/Spotters, Recruiters, Transporters of the victims, Financiers
and other exploiters such as clientele, pimps, brothel owner and managers should be investigated from a
conspiracy angle.
9.6 Defeating Organised Gangs:
a) A clear plan of action should be chalked out to collect relevant evidence to prove existence of a gang,
the identities and activities of its gang members, nexus with other gangs and public officials, if any and
identify the trail of illegal and ill-gotten money (proceeds of crime).
b) Deciphering the communication linkages through link analysis.
c) Specific and general ‘intelligence’ about a gang should be developed to make a prima facie assessment
about the lines of investigation with respect to the activities of a gang.
d) Relevant ‘surveillance’ methods may be employed to develop specific information including the identity,
the activities and the level of complicity of gang members in the case and otherwise.
e) The case history of every crime committed by every gang member should be collected from the
concerned districts to prepare a dossier of the gang to be used to book a gang under relevant laws such
as the UP Gangster Act.
9.7 Parallel Financial Investigation into Money Laundering
It would be virtually impossible to establish and manage an organized HT network without creating audit
trails such as advertising, rentals, transportation, communication, mapping of exploiter profits and financial
transactions. Any of the following four aspects relating to money laundering need to be established during
the course of investigation. Assistance of financial experts should be taken:
a) Conversion or transfer of crime proceeds for the purpose of concealing their illicit origin;
b) Concealment or disguise of crime proceeds;
c) Acquisition, possession or use of crime proceeds;
d) Contributing indirectly to the commission of the offences outlined above, including participation in and
conspiring or attempting to commit the offences in question.
9.8 Efforts should be made to identify each and every moveable and immoveable asset of a gang and each
of its members including benami properties by verifying documents and analyzing the source of funds.
Each business or establishment run by gang members should be scrutinized to assess the investment
made into the business/establishment, its source of funding, profits made and utilization/re-investment of
profits, possible tax evasion, violation of financial rules and regulations including the ones relating to foreign
exchange.
9.9 Confiscation of Proceeds:
It will be essential to deprive the criminal gangs of their ill gotten wealth. The laws relating to confiscation of
proceeds of crime are available in several statutes. As per the facts of the case being investigated the relevant
law is to be invoked.
a) Sections 102, 105 and 452 of Cr.P.C
b) Sections 111 to 121 of the Customs Act, 1962 ;
c) Chapter V A of the Narcotic Drugs and Psychotropic Substances Act, 1985;
d) The Criminal Law [Amendment] Ordinance, 1944 (Ordinance XXXVIII of 1994)
e) Foreign Exchange Regulation Act, 1973 (Section 63) ; and
f)
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.
g) Unlawful Activities (Prevention) Act,1967
h) Invoke provisions of ITPA alongwith IPC, ITPA with MCOCA (wherever in force), ITPA with Goa Children’s
Act, 2003 (applicable in Goa) etc.
i)
Action be initiated under the provisions of the Prevention of Money Laundering Act, 2002 for offences
committed u/s. 5, 6, 8 and 9 of ITPA; The Enforcement Directorate is to be informed during the
investigation of the predicate offences.
9.10Collection and sharing of criminal intelligence As with any other form of organized crime, successful
investigation of trafficking in persons requires the need to identify and gather evidence from other jurisdictions
in the course of investigations, be it inter-state or cross-border trafficking. Hence, joint proactive operations/
serious investigations in the region or transit or destinations sites can exploit evidential opportunities to
gather collaborative evidence at recruitment and transportation phases of the crime. It is necessary that
while investigating the crime of human trafficking, the following needs to be considered at all stages of
human trafficking:
a) Sharing criminal intelligence with other police agencies (different police stations, districts, states, CBI
etc.) on traffickers and all other accomplices.
b) Sharing crime data with other police agencies and CBI regarding vulnerable places and vulnerable
people.
9.11Transfer of evidence from another country:
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For transfer of evidence from another country Letter of Request (LR) u/s 166A Cr.P.C. or invoking MLAT
must be resorted to by contacting the IPCC Division of the CBI.
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10. The aforementioned measures are only indicative and the States/UTs may consider any additional measures for
dealing with the organized crime of human trafficking. This Ministry may also be kept apprised of any special
measures/mechanisms introduced in their respective jurisdictions so that the same could be circulated to
other State Governments and UT Administrations for consideration / adoption. States/UTs may consider
translating this Advisory into regional languages for dissemination.
The receipt of the Advisory may be acknowledged.
Sd/(S.Suresh Kumar)
Joint Secretary to Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi – 110001
Tel. No. 23093410
To
The Chief Secretaries &
The Principal Secretary/Secretary (Home)
All State Governments and Union Territories
Copy also for information and necessary action to:
i.
The DGs of all State Governments/UTs.
ii.
National Commission for Protection of Child Rights
iii. Director General BPR&D
iv. Director NCRB
v.
Director CBI
vi. Director, IB
vii. Director General BSF
viii. Director General ITBP
ix. Director General SSB
x.
Ministry of Women and Child Development
xi. Ministry of Labour
xii. Ministry of Social Justice and Empowerment
xiii. Nodal officers Human Trafficking
Sd/(S. Suresh Kumar)
Joint Secretary to Govt. of India
Annexure 3
F.NO.15011/60/2011
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA
NORTH BLOCK NEW DELHI/CS DIVISION
New Delhi, the 31st January 2012
OFFICE MEMORANDUM
Subject: Advisory on missing children-measures needed to prevent trafficking and trace the children-regarding.
1.
The issue of missing and untraced children, based on police records, is a matter of deep concern to the
Government of India. It requires a concerted and systematic attention of Central and State Governments.
As missing children are exposed to high risk situations, they are vulnerable and fall prey to crimes of
exploitation, abuse, including human trafficking. It is, therefore, necessary that effective steps be taken for
effective investigation of cases relating to missing children and tracing of these children. This advisory is in
continuation of the advisories dated 09.09.2009, 14.7.2010 02.12.2011 and 4.1.2012 issued by this Ministry
to all the States / UTs on similar/related issues of crimes against children.
2.
A missing child is defined as a person below 18 years of age whose whereabouts are not known to the
parents, legal guardians or any other person who may be legally entrusted with the custody of knowing the
whereabouts/well being of the child whatever may be the circumstances/causes of disappearance. The child
will be considered missing and in need of care and protection, until located and/or his/her safety/well being
is established.
3.
The legal provisions as existing in the Juvenile Justice (Care and Protection of Children) Act, 2000 and other
laws, several rulings of the Hon’ble Supreme Court of India and High Courts and the recommendations
of NHRC, inter alia, emphasize the immediacy of prompt action by law enforcement agencies following
disappearance of the child, especially minor girls to maximize chances of tracing/recovery.
4.
The guidelines of NHRC which has already been communicated to the States/UTs with respect to missing
children should be implemented and their monitoring ensured (refer website www.nhrc.nic.in/ Reports/
misc/MCR Report.doc).
5.
The Hon’ble Supreme Court of India has issued guidelines in respect of missing children on 14/11/2002 (WP
(Cri) No.610 of 1996) in Horilal Vs Commissioner of Police, Delhi and Sampurna Behura vs. Union of India
& Ors dated 12/10/11(WP (Civil) No.473 of 2005). These instructions should also be complied with and
monitoring ensured.
6.
An officer not below the rank of a DIG should be declared Nodal Officer for every state/UT for handling the
cases of missing children.
7.
Supervision of investigation of such cases by senior police officers of the level of Dy.SP/Addl.SP may be
ensured.
8.
When, any heinous crime or organized crime on missing children, such as, victims of rape, sexual abuse,
child pornography, organ trade etc, is reported, and then the investigation of such cases should be taken
over by the CID of the States/UTs to expedite the investigation and to ensure prosecution of the offenders.
9.
State Crime branch should maintain close links with District Missing Children Unit (DMCU) and ensure that
uploading of data and matching of missing children with UIDBs/Children found is carried out effectively.
10. The Missing Persons Squad (MPS) will match the information regarding missing children with the data
available with the MPS and if matched it should be communicated to the concerned police station. A monthly
report should be sent to DMCU.
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11. When the missing person is traced through search or rescue from places of exploitation, the police control
room, District Missing Persons Unit (DMPU) and Missing Persons Squad (MPS) should be informed
immediately for updating the record and for discontinuing the search.
12. Whether these missing children land up in Begging Rings, Prostitution, Pedophilic Net and Organ Trade or
end up getting exported for Camel Jockeying etc., it is always an Organised Crime. Profile of all traffickers
who facilitate such trafficking should be maintained at PS level in Gang Registers.
13. The State CID should use data mining to analyse patterns, gather intelligence and to build profiles which
have inter state ramifications, ascertain angles of trafficking, organized crime, number age/sex profile and
maintain liaison with other central agencies dealing with the matter.
14. All police officers and men, especially the team of officers handling investigation into these cases need to be
trained and sensitized on an ongoing basis to the issues concerned. The issues of missing children, human
trafficking along with JJ Act may be made part of syllabus in the state police training colleges to sensitize
the police force. The training should focus on imparting knowledge of the substantial and procedural laws,
court rulings, administrative procedures, skills in child-friendly investigations, including interviewing,
interrogation, scientific data collection, presentation in the court of law, networking with the prosecutors,
facilitating victims/witness protection programmes etc.
15. As there is considerable overlap in the problems of missing children and trafficked children, AHTUs should
play an active role.
16. The Superintendent of Police in the districts and Commissioners of Police in the metropolitan areas should
review each case of missing children/persons during their monthly crime review meetings to find out the
actual number of missing children, number of children traced/untraced, children, the reasons for child
disappearance/missing and its links to human trafficking and to take stringent action against the perpetrators
of the crime. They should also take strong measures for successful prosecution of the offenders in the court
of law.
17. In cases where children and women have been smuggled illegally out of the country, the investigation
agencies should utilize Interpol channels to communicate with member countries and if need be, have
appropriate Interpol Notices issued through CBI/Interpol wing, in order to trace the victims.
18. An exercise to check all the unclaimed and unidentified children who are kept under safe custody in various
shelter homes of the government/non-governmental agencies may be undertaken and details may be matched
with the available missing children data base in the country as most of the children lodged in these shelter
homes are indeed missing children. Missing Persons Bureau in the state should have a centralized data on
children lodged in these shelter homes run by the government/nongovernmental agencies in the state with
mechanism to update the data on regular basis. This data along with the photographs of the children should
be digitized and regularly sent to NCRB and NCRB will upload this data in their website www.ncrb.gov.in for
pan-India search by other state police/stake holders.
19. A number of children reportedly die after disappearance/missing and their dead bodies remain unidentified.
States/UTs should also consider making it mandatory for the investigating officers and provide the necessary
infrastructure to have the DNA profiling of all such unidentified dead bodies for future comparison and
identification. DNA profile of the nearest blood relative through informed consent should be done if child is
not found for 3 months. Both the DNA data base may be maintained at the state MPS for future comparison
and matching.
20. Similarly, in order to curtail offences of child sex abuse, in all cases of pornography, cyber crimes etc. under
investigation, efforts should be made to correlate the pictures of the child with the details of missing children
and vice-versa.
21. The data available in each missing children file should be uploaded to the computer maintained at the police
station for this purpose. It will be the responsibility of each I.O. to ensure that efforts made towards tracing
the missing children is also uploaded on the computer, which would be linked to national database and via
CCTNS, eventually. CCTNS should update it promptly on the proposed ‘Khoya Bachpan’ website.
22. The SHO/Inspector of the police station will ensure that the computerized record of missing children is
maintained up-to-date and the same is sent to DCRB and from there to SCRB. The State and District/
City police Control Room/local Police net, ZIP NET, www.trackthemissingchild.gov.in should be updated
immediately. It would be useful to access data on missing children through other websites maintained by
www.childlineindia.org.in and www.stoptrafficking.in to mention a few.
23. NCRB is mandated to function as a national repository of crime and criminal related data in the country and
the States /UTs should evolve a mechanism to share the data on missing children and human trafficking
cases to NCRB in the prescribed proforma of NCRB on monthly basis for analysis and study to find the
emerging trends in these sensitive issues.
24. NCRB should device methods of uploading the data on a real-time basis not only of missing persons but also
with respect to traced and un-traced persons as well as linking the database with those of rescued persons
from different places including children rescued from exploitative or forced labour.
25. The universal number 1098 for reporting of missing children 24x7 is being run in some States / UTs, but
there is no uniformity. It needs to be made effective and operational if not done earlier. There should be at
least one dedicated police personnel at this helpline on 24x7 basis with proper monitoring mechanism. In
the meantime BPR&D would explore further possibilities of integrating 1098 with 100 to make it toll free.
26. Responsible and competent NGOs be earmarked as Nodal NGOs in States for assisting the law enforcement
agencies in this regard. The NGOs who have done work in this field with commitment be supported by the
law enforcement agencies and synergy be established so that they could work in tandem.
27. When training the police, they must be oriented to undertake all preventive steps including steps to identify
children in distress, watch of suspicious persons, special attention at transit points viz. border areas, ICPs,
railway stations, bus stations, airports, ports etc., identify vulnerable population/places and take steps to
address the vulnerability on time.
28. BSF/ITBP/SSB personnel in outposts on borders should be trained to look-out for trafficked children on the
borders. They should be sensitized to question and detect unaccompanied minors/children or accompanying
adults with suspicious behaviour during pursuant checking of vehicles/public transport.
29. The law enforcement agencies may involve representatives of Panchayati Raj Institutions and the community
at large, such as, Village Watch & ward/ Municipal Committees/Neighbourhood Committees/Resident
Welfare Associations etc.. This will enable the community to get fully involved along with the administration/
police in identification, tracing & recovery of missing and trafficked children and arrest of accused persons.
30. Community awareness programmes on the issue of missing children and its links with human trafficking may
be undertaken by the District administration. Periodic interface with Public and Safety Awareness Campaign
should be conducted in schools and vulnerable areas, jointly by the district administration. Schools must be
encouraged to issue Identity cards to children.
31. The activities of various departments and agencies in the States /UTs need to be integrated through a nodal
agency. These includes Home Department, Police Department, Social Welfare Department, Women and
Child Welfare Department, Juvenile Justice Department, Child Welfare Committees, Labour Department,
Health Department, Tourism Department as well as other agencies like State Human Rights Commission,
State Women’s Commission, State Commission for Child Rights, Railways, RPF, BSF, SSB, ITBP etc. State
governments may institutionalize a coordinating mechanism among all these agencies through an SOP
clearly mandating the roles and responsibilities of each of these agencies.
32. In places, where vulnerable groups of children are found in large numbers, a mechanism should be evolved
in partnership with NGOs and social workers, where by apart from rendering counseling to them, awarenessraising activities are also carried out.
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33. The protocols and SOPs developed by UNODC in the Joint Project of MHA-UNODC, during 2006-2008,
including protocol on interstate transfer of rescued victims may be effectively utilized (refer www. unodc.
org/india).
34. The States/UTs may bring out an SOP for guidance of all concerned. The receipt of this letter may kindly be
acknowledged immediately.
Sd/(B. Bhamathi)
Additional Secretary to Govt. of India,
Ministry of Home Affairs,
North Block,
New Delhi – 110001
Tel. No. 23092514
To,
The Chief Secretaries &
The Principal Secretary/Secretary (Home)
All State Governments and Union Territories
Copy also for information and necessary action to:
i.
The DGs of all State Governments/UTs.
ii.
National Commission for Protection of Child Rights
iii. Director General BPR&D
iv. Director NCRB
v.
Director CBI
vi. Director General BSF
vii. Director General ITBP
viii. Director General SSB
ix. Ministry of Women and Child Development
x.
Ministry of Labour
xi. Ministry of Social Justice and Empowerment
Sd/(B. Bhamathi)
Additional Secretary to Govt. of India,
Ministry of Home Affairs,
North Block,
New Delhi – 110001
Tel. No. 23092514
Annexure 4
F. No. 24013/07/Misc/2011-CSR.III
Government of India/ Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
North Block, New Delhi.
Dated the 4th January, 2012
To,
The Chief Secretaries,
All State Governments/UT Administrations.
Subject: Advisory on Preventing & Combating Cyber Crime against Children.
Sir/Madam,
Introduction
1.
With the spread of computers and internet, cyber-crime has emerged as a major challenge for law
enforcement agencies. The younger generations, which use the internet and other online technologies
extensively for staying connected for all day to day work and entertainment, including information, e-mails,
social Networking, e-banking, e-shopping, web-TV, news, education, home-work research, online gaming,
downloading music, videos, movies and other contents etc, are more vulnerable to targeted cyber-crime.
This often happens in the form of cyber stalking, cyber bullying, child pornography, harassment, hacking of
email or social networking accounts, identity theft, unwanted exposure to sexually explicit material etc. (Brief
description of the above terms is attached at Annexure).
2.
The following key action points have been worked out in collaboration with various Stake holders for effective
prevention and combating of cyber crime against children.
I.
The Law Enforcement Agencies i.e. Police, Prosecution and Judiciary etc. and the Public at large may be
made aware and trained through special training programmes /seminars and workshops for the effective
implementation of Information technology Act, 2000 read with Information Technology (Amendment)
Act 2008 and Rules made there under, as these are effective laws to deal with Cyber-Crime, including
crime against Children. The training should be with the specific purpose of handling crimes against
children.
II. Special Juvenile Police Units constituted under sec. 63 of Juvenile Justice (Care and Protection of
Children) Act, 2009 may be sensitized and trained to deal with children in conflict of law with respect to
cyber-crimes as well.
III. Parents, teachers & children should be encouraged to play an active role by reporting suspicious
behaviour and give information regarding websites hosting exploitative images, videos and efforts to
recruit or groom children for sexual abuse. Special precautions will need to be taken to monitor and
regulate the spreading awareness of cyber crime among children so that it does not have any negative
effect. Use of electronic and print media may also be made appropriately.
IV. It is essential to monitor and regulate social networking sites and services because it has been seen
that it hosts most of the obscene materials which induce children to sexually explicit act or other
crimes. Parents, teachers and owners of the online computing facilities should be trained to implement
“parental control software’ in such a manner that spoofing of age, gender and identity is mitigated. In
their implementation, multifactoral authentication and other security techniques should be employed.
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V. Training to protect and seize digital evidence in a secure manner should be provided to law enforcement
agencies and also to examiners of digital evidence.
VI. Maintaining confidentiality of the child victim and providing him/her guidance and support to deal with
the after effects of such crimes should be ensured.
VII. Obtaining help and support of NGO’s working in the field of online child protection.
VIII.Conducting special sensitization programme and skill development for those manning child help lines
such as 1098 or Police Control Room etc. may be considered.
IX. On the State Police websites, social networking websites and web browsers it is suggested to have a
children’s corner where Internet safety tips in simple language can be explained to them and helpline
number or e-mail addresses provided for, in case of any problem.
X. Efforts can be made to develop some mechanism by which online checking of registers, records of each
cybercafé can be done from a central location.
XI. Mobile Internet security must be promoted among parents and children.
XII. It is often seen that processing of digital evidence in Computer Forensic Laboratories takes a long time.
States must consider as take him their own central as well as regional computer forensic laboratories.
Mobile Cyber Forensic Vans would also be useful in seizing electronic evidence from the spot in a proper
manner. Assistance of NASSCOM may also be taken to establish cyber labs & training. In addition to
NASSCOM help of other agencies like NTRO, CERT-In etc. may also be taken for training.
XIII.In appropriate cases, police officers may carry out undercover cyber patrol operations to identify internet
criminals, lure them by posing as minors and arrest them. The exercise should be done in accordance
with Section 72 and Section 72 (A) of Information Technology Act, 2000.
XIV.Apart from legal provisions for search under Section 100 and 165 Cr. P. C., Section 80 of IT(Amendment)
Act, empowering any police officer not below the rank of a Police Inspector for search, can also be used
appropriately.
XV. “Cyber Crime Investigation Manual" published by Data Security Council of India is a useful book and
may be referred to.
XVI.Whenever it is noticed that the investigation requires information or help from outside India, CBI Interpol
Division may be approached and provision of Mutual Legal Assistance Treaties and Letter of Rogatories
(LRs) may be used. Ministry of Home Affairs circular No.25016/14/2007-Legal Cell, dated 31-12-2007,
may be referred to for guidelines in this regard. However, it should be kept in mind that LRs are often
time consuming and by the time LRs are issued, the digital foot prints (evidence) is already lost. G8
24x7 Desk of CBI, which looks after network and international aspects of cyber crime, may be contacted.
XVII. Wherever any material which is covered under Section 67, Section 67 A and Section 67 (B) of Information
Technology Act, 2000 and seen on the Web, which is covered under Section 69 (A) of the IT Act under
‘Public Order’ or ‘preventing incitement to commissioning of cognizable offence’ in such cases, police
may consider invoking provisions of IT Procedure and Safeguards for Blocking of Information by Public
Rules, 2009. Provisions of Section 67 (C) of IT Act should be used for preservation of evidence by
intermediaries.
XVIII. Websites hosting online gaming or children centric contents must issue specific guidelines regarding
internet safety. Those transmitting, publishing or storing obscene material in contravention with the
provisions of Section 67, Section 67 (A), Section 69, Section 69 (A) and Section 69 (B) of the IT Act,
must be acted against.
XIX. In appropriate cases, police should request Social Networking sites to remove undesirable contents.
Most frequently visited and popular sites should be audited for security concerns. Many of these are
being used either for compromising of systems or for luring and incitement of children.
3.
The aforesaid measures are only indicative and the State Governments/UT Administrations may consider
any additional measures for the preventing & combating cyber crime against children as necessary. This
Ministry may also be kept apprised of any special measures/mechanisms introduced in their respective
jurisdictions so that the same could be circulated to the other State Governments and UT Administrations
for consideration/ adoption.
4.
The receipt of this letter may kindly be acknowledged.
Yours faithfully,
(B. Bhamathi)
Additional Secretary to the Govt. of India,
Tele No. 23092514.
Copy for information and necessary action to:1.
The Principal Secretary/ Secretary Home – All State Governments/UT Administrations.
2.
The Director General of Police – All State Governments/UT Administrations.
Annexure
(a). Cyber Stalking: When a victim is repeatedly and persistently followed and pursued online by e-mail or other
electronic communication. In such crimes Sections 66A, 66C and 66E of Information Technology Act along
with Section 506, 509 IPC can be invoked depending upon the nature and facts of the case.
(b). Cyber Bullying: Acts of harassment, embarrassment, taunting, insulting or threatening behaviour towards a
victim by using internet, e-mail or other electronic communication device. In such crimes Sections 66A, 66C
and 66E along with Section 506, 509 IPC can be invoked depending upon the nature and facts of the case.
(c). Child Pornography: This has been defined in Section 67B of IT Act. Section 67 and 67A and Section 292,
293 IPC can also be invoked as per the facts of the case.
(d). Hacking of E-mails or social networking accounts: Unauthorized use or access to the e-mail or social
networking accounts such as Facebook, Orkut, Gmail, Hotmail etc. Section 43 and 66C of IT Act can be
invoked.
(e). Identity Theft: Has been defined in Section 66C of IT Act which can be invoked.
(f). Unwanted exposure to sexually explicit material etc.: When a criminal sends pictures, videos, sound
clips, cartoons or animations depicting sexual contents by e-mail or any other electronic means. This would
include audio or video chat using web camera etc.
1. Section 66 A of IT Act needs to be invoked whenever any offensive, annoying or threatening email,
SMS or MMS etc. are received by children who are victims of cyber bullying or stalking.
2. Section 67 B of IT Act must be used when the electronically published or transmitted material
contain child pornographic material. The Section also prohibits grooming of children for sexual
abuse etc.
3. Section 66 A of IT Act may be invoked when ever email or social networking accounts of a child
are hacked by misusing passwords or his/her photographs, name and other unique identification
feature are misused.
4. Section 66 E of IT Act can be used for violation of bodily privacy of a person.
5. Section 67 and 67 A of IT Act can be used when ever pornographic material has been received by
children by Email or SMS/MMS or other electronic means.
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Annexure 5
F.No. 3-1/2010-CP
Government of India
Ministry of Women and Child Development
Shastri Bhawan,New Delhi,
dated 12.10.2011
Subject: Advisory on measures to be taken by States/UTs for combating trafficking of women and children for
commercial sexual exploitation.
The Supreme Court, in its Order dated 2.5.90, in Criminal Writ Petition No. 421 of 1989, Vishal Jeet vs. Union of India
and Others, had expressed deep concern over the physical exploitation of girls and children and directed that Advisory
Committees be set up by the Central Government and State Governments/UT Administrations. Subsequently, the
Government of India set up a Central Advisory Committee (CAC) to advise on issues relating to trafficking for
commercial sexual exploitation. In the meeting of the CAC held on 18-5-2011, the role of State Governments in
dealing with the issues was re-emphasized. Based on the key recommendations made in the meeting, the State
Government/UT Administrations are advised to take immediate action on the following:
i.
The State Governments/UT Administrations should establish State Advisory Committees(SAC) if not done
already, for preventing and combating trafficking of women and children for commercial sexual exploitation.
The SAC must hold meetings regularly and should meet at least twice a year. The nodal officers of AHTUs
should be members of SAC.
ii.
The Ministry of Home Affairs (MHA) has established Anti-Human Trafficking Units in a number of districts and
is in the process of setting up such units in some other districts. The State Governments/UT Administrations
have already been requested to nominate an officer of the Women and Child/Social Welfare Department
as well as an NGO on these AHTUs. This may be done expeditiously and report sent to MHA and MWCD.
iii. State Governments/UT Administrations would participate in State level trainings for AHTUs proposed to be
organized by MHA.
iv. It has been observed that generally the proposals of NGOs under the Ujjawala Scheme are recommended
by the State Governments/UT Administrations without assessment of need of the particular area or capacity
of the Organization to, particularly, run a Rehabilitation Home effectively. The State Governments/UT
Administrations should undertake a baseline survey/ vulnerability mapping to assess the area wise need as
well as the capacity of the proposed Home. The need for Rehabilitation Homes is required to be assessed
carefully. Further, State Governments/UT Administrations are requested to recommend proposals of only
credible NGOs who have the capacity to undertake the activities envisaged in the Scheme with estimates of the
number of inmates who would be provided care. The NGOs seeking approval for setting up a Rehabilitation
Home would, hereafter, be required to essentially link up with the National Skill Development Mission for
providing vocational training to the inmates to improve their employability. This requirement, inter alia, may
be kept in view while recommending proposals and the availability of Vocational Training Providers (VTPs)
as well as State Training Institutes who will be considered may be indicated in the proposal.
v.
The monitoring of Ujjawala Homes/ projects in the States/UTs should be supplemented by periodic visits to
the Homes to assess their usefulness as well as corrective measures required for effective implementation
of the Scheme.
vi. The details pertaining to Ujjawala Homes sanctioned and being run in the State /UT may be shared with
law enforcement agencies and AHTUs immediately to facilitate their use by them for rescued victims.
vii. The States/UTs must, from time to time, undertake studies to understand the changes in the pattern
of trafficking so that interventions can be accordingly modified. As documentation of initiatives helps in
making known the extent of Government’s response to human trafficking as well as facilitates sharing of best
practices, the States/ UTs may also prepare reports outlining the magnitude of the problem in their States/
UTs, the anti-trafficking initiatives and measures undertaken by them and the impact of such interventions.
These reports may be shared with the Ministry of Women and Child Development.
The State Governments/UT Administrations are requested to take necessary action as above and send an action
taken report every six months.
The receipt of the letter may kindly be acknowledged.
(Sangeeta Verma)
Economic Adviser
Tel : 23383823
Secretary, Women and Child Development Department
All State Governments/UTs
Copy for information to: Ministry of Home Affairs, North Block, New Delhi.
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Annexure 6
F.No. 24013/201/2009-CSR-III
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA
CENTRE- STATE DIVISION
North Block, New Delhi, the 16th July, 2010
To,
The Chief Secretaries
All State Governments/UT Administrations.
Subject: Advisory on Prevention, Registration, Investigation and Prosecution of Crime.
Sir/ Madam,
'Police' and 'Public Order' are State subjects under the Seventh Schedule (List-II) to the Constitution of India. The
Union Government, however, attaches the highest importance to prevention of crime and, therefore, has been advising
the State Governments/ UT Administrations from time to time to give more focused attention to the administration
of the criminal justice system with emphasis on prevention and control of crime.
The Government of India is deeply concerned about crime and would, therefore, advise the State Governments and
UT Administrations to take the following steps for effective prevention, detection, registration, investigation and
prosecution of all crimes within their jurisdiction:
Prevention
i.
A concerted effort should be made to fill-up all the vacant posts in the police at the earliest. It should be
ensured that the recruitment is transparent, objective and corruption-free using a recruitment procedure that
is technology-based and free of all avoidable human interference, wherever possible.
ii.
State Governments/UT Administrations may consider creation of a separate cadre for intelligence; revision of
special branch manual; appointment of a dedicated intelligence officer in each police station; and reactivating
the beat constable system with suitable localization and modernization.
iii. All the Police Stations must be provided with pucca buildings, vehicles, appropriate communication
equipment, including mobile phones wherever necessary, computers with internet connectivity and backup
power supply, photocopiers, fax machines etc. to make their functioning more effective and efficient.
Obsolete police equipment, including firearms and riot control equipment, must be upgraded, especially in
sensitive and crime-prone areas.
iv. Regular training, physical exercises and firing practice must be ensured to keep the police force physically
and professionally fit and prepared. Suitable training should also be imparted to the police in behavioural
aspects to make their functioning citizen friendly, service oriented and to develop a positive and helpful
attitude in them. They should especially be sensitized to crime against the vulnerable sections of society,
including women, children, SCs/STs, senior citizens and persons with disabilities.
v.
Regular training drills in handling all types of emergencies must be undertaken to check the preparedness of
the force for reacting to any emergency in the shortest possible time effectively and efficiently.
Registration
vi. A Reception Officer (of the rank of Head Constable) must be available round the clock in every Police Station.
Equal and fair treatment must be given to every petitioner/ complainant irrespective of his/her status, class
or creed and a proper receipt should be given for every complaint forthwith. The disposal of the complaint
should normally be ensured within two days by holding an on the spot enquiry in the ward/village concerned.
Wherever found appropriate, the complaint should be converted into an FIR.
vii. Whenever an FIR is registered, a signed copy of the FIR must be provided to the complainant on the spot.
The State Governments/ UT Administrations must ensure registration of cases round the clock and deal
sternly with any dereliction of duty in this regard.
viii. ‘Crime against Women/Children’ desks may be set-up in every police station.
Investigation
ix. Separation of ‘Investigation of crime function’ from the ‘Law & Order duty’ is recommended. Owing to
the high priority that the maintenance of public order gets, the work relating to investigation of crime gets
neglected. Separation of the two wings should be implemented in urban police stations, to begin with. The
possibility of outsourcing non-core police functions to free more policemen for the core policing functions
may also be explored.
x.
Proper forensic assistance must be provided for investigation of crime by strengthening the forensic facilities,
provision of mobile forensic laboratories and positioning of adequate number of trained technical/ scientific
personnel for the purpose.
xi. Scientific and upgraded investigation/ interrogation skills and methodologies must be used while keeping in
view the legal/privacy/human rights of accused/ victims/witnesses.
Prosecution
xii. Proper legal advice/services of prosecutors must be made available to the police al all levels for effective
prosecution of crime. The legal advisory role of prosecuting staff should be emphasized through departmental
instructions. Control over prosecution should rest with senior police officers. This is vital for maintaining
proper standards of prosecution.
xiii. A suitable mechanism must be put in place to regularly monitor and review the progress of prosecution of
criminal cases at District/ State level and reporting the progress to the State Government/ UT Administration
at appropriate level.
Police – Community/Civil Society Partnership
xiv. Reporting of crime/ valuable information about crime by reluctant/fearful citizens, who are witness to or
have important information about a crime, should be encouraged through financial rewards and anonymity.
The local police must be assigned to follow up on the tips and information so received. A telephone number/
website must be dedicated to receiving information from informers/general citizens.
xv. Citizen volunteers must be identified and trained and their services utilised as the “eyes and ears” in prevention
and control of crime. The print and electronic media must be used effectively to highlight the efforts of local
police in crime prevention and to educate the residents about what they can do to help the police.
xvi. Senior Police Officers should hold regular meetings with the Resident Welfare Associations (RWAs) and
other Associations. They should be encouraged to keep surveillance in their respective areas and inform the
police in case any suspicious person/activity/object comes to notice. The local police must also regularly
verify the antecedents of all domestic servants/maids/ helps, especially serving in the homes of old persons
and persons with disabilities.
xvii. The community policing initiatives must be encouraged in the area of every Police Station. States/UTs may
consider setting up Community Counselling Centres (CCC) at the Police Stations for resolution of conflicts
especially affecting women, children and other vulnerable sections of the society. Assistance of eminent
personalities of the area, NGOs and other Governmental agencies may be taken to sustain the CCCs. Personal
counselling must be provided to resolve family disputes.
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Cyber-Crimes
xviii.State Governments and UT Administrations must build adequate technical capacity in handling cyber-crime
(wherein a computer is either a tool or a target or both). They must create necessary technical infrastructure,
including establishment of adequate number of cyber police stations, and post technically trained manpower
for detection, registration, investigation and prosecution of cyber-crimes.
xix. The States/UTs must establish anti-cyber-crime missions to stop those behind computer intrusions, frauds,
the spread of malicious code etc.; to identify and thwart online sexual predators who use the Internet to
exploit children and produce, possess or share child pornography; to counteract operations that target
intellectual property, endangering national security and competitiveness; and to dismantle national and
transnational organized criminal enterprises engaging in crimes/frauds on the Internet.
The receipt of this letter may please be acknowledged.
Yours faithfully,
(Dr. Nirmaljeet Singh Kalsi)
Joint Secretary to the Govt. of India,
New Delhi-110001
Tele No. 23092630
16.7.2010
Copy for information and necessary action to:1.
The Principal Secretary/ Secretary Home – All State Governments/UT Administrations.
2.
The Director General of Police – All State Governments/UT Administrations.
3.
The DGs/IGs (In-charge of Prisons) – All State Governments/UT Administrations.
Annexure 7
F. NO.15011/48/2006-SC/ST-W
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA
NORTH BLOCK NEW DELHI /CS DIVISION
Dated the 14th July, 2010
ADVISORY ON CRIME AGAINST CHILDREN
1.
'Police' and 'Public Order' are State subjects under the Seventh Schedule to the Constitution of India. The
Union Government, however, attaches the highest importance to the prevention of crime and, therefore, the
Union Government has been advising the State Governments/ UT Administrations from time to time to give
more focused attention to the administration of the criminal justice system with emphasis on prevention and
control of crime.
2.
The National Commission for Protection of Child Rights has been undertaking visits to various States and
has observed that the level of sensitiveness and care with which crime against children should be handled
is not up to the desired level. In its Fifth Report, titled ‘Public Order’, the Second Administrative Reforms
Commission has also emphasized the need to combat crimes against vulnerable sections of the society,
particularly women and children.
3.
The Government of India is deeply concerned about crime against children and would, therefore, advise the
State Governments and UT Administrations to take the following steps for effective prevention, detection,
registration, investigation and prosecution of all crimes against children within their jurisdiction:I.
Vigorously enforce all the existing legislations relating to crime against children i.e., Prohibition of Child
Labour (Prohibition and Regulation) Act 1986, Juvenile Justice (Care and Protection of Children) Act
2000 (as amended in 2006), Child Marriage Prohibition Act, 2006, Immoral Traffic (Prevention) Act,
1956, Information Technology Act, 2000 (as amended in 2008) and relevant sections of IPC.
II. Sensitize the law enforcement machinery, i.e. the police as well as other functionaries of the criminal
justice system, towards crime against children by way of well-structured training programmes. Such
training programmes, including inputs on Juvenile Justice (JJ) and Human Rights (HR), may also
be incorporated in the syllabi of various Police Training Academies at all levels including those for
Constables, Sub-Inspectors and Deputy Superintendents of Police. Assistance of Bureau of Police
Research and Development (BPR&D) as well as National Institute of Public Cooperation and Child
Development (NIPCCD) could be taken for this purpose.
III. Set up exclusive ‘Crime against Women/Children’ desks in each police station. There should be no
delay, whatsoever, in registration of FIRs in all cases of crime against children. All out efforts should be
made to apprehend all the accused named in the FIR immediately so as to generate confidence in the
victims and their family members. The administration and police should play a more proactive role in
detection and investigation of crime against children and also ensuring that there is no under reporting.
IV. Cases of crime against children should be thoroughly investigated and charge sheets against the accused
persons should be filed within three months from the date of occurrence without compromising on the
quality of investigation. Proper supervision of such cases should be ensured from recording of FIR to
the disposal of the case. Speedy investigation should be conducted in heinous crimes like rape, murder
etc. The medical examination of rape victims should be conducted without delay.
V. Steps may be taken not only to tackle such crimes but also to deal sensitively with the trauma ensuing
the crime. Counselling to the victim as well as to the family may be provided by empanelling professional
counsellors.
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VI. Ensure all steps for improving the safety conditions in schools/ institutions, public transport used by
students, children’s parks/ play grounds, residential localities/ roads etc. Crime prone areas should be
identified and a mechanism be put in place to monitor infractions in such areas for ensuring the safety
and security of students, especially girls. For this purpose the following steps should be taken:
a. Increase the number of beat constables;
b. Increase the number of police help booths/ kiosks, especially in remote and lonely stretches;
c. Increase police patrolling, especially during nights;
d. Posting police officers, especially women, fully equipped with policing infrastructure in crime-prone
areas in adequate number.
VII. For improving general awareness about legislations relating to crime against children and mechanisms
in place for safety and protection of the children, the following steps may be considered :
a. Creating awareness through print and electronic media;
b. Involving the community at large in creating and spreading such awareness.
c. Exploring the possibility of associating NGOs working in the area of combating crime against
children and other vulnerable sections of the society.
d. Developing a community monitoring system to check cases of violence, abuse and exploitation
against children and take necessary steps to curb the same;
VIII.The local police must be advised to collaborate with the ‘Childline-1098 Service’ (which is an emergency
service being operated by the Childline India Foundation (CIF) all over the country catering to the needs
of children in emergency situations) and NGOs for mutual help and assistance wherever and whenever
required.
IX. The juvenile offenders should be dealt with only in accordance with law through proper implementation
of the Rules under the Juvenile Justice (Care and Protection of Children) Act 2000 (as amended in
2006), as these contain the procedures and requirements in detail for dealing with children in conflict
with law as well as children in need of care and protection.
X. All efforts must be made to stop child labour and exploitation of children in all its forms and manifestations.
Law enforcement agencies must extend all necessary cooperation to the State Labour Department in the
cases of violation of Prohibition of Child Labour (Prohibition and Regulation) Act 1986.
XI. To save the children from the abuse/ crime of child marriage the State Government must appoint Child
Marriage Prohibition Officers as required under the Prohibition of Child Marriages Act, 2006. They should
also set up State Commissions for Protection of Child Rights in accordance with the Commissions for
Protection of Child Rights Act 2005 (CPCR Act).
The receipt of this letter may kindly be acknowledged.
Yours faithfully,
(Dr. Nirmaljeet Singh Kalsi)
Joint Secretary to the Government of India
Ministry of Home Affairs
North Block, New Delhi-110 001
Tele: 23092630
To,
The Chief Secretaries &
The Principal Secretary / Secretary (Home)
All State Governments and Union Territory Administrations.
Copy also for information and necessary action to:
i.
The DGs / IGs (In-charge of Prisons) - All State Governments / UTs.
ii.
Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi.
iii. Ministry of Women and Child Development, Shastri Bhawan, New Delhi.
iv. Ministry of Labour and Employment New Delhi
v.
Ministry of HRD, New Delhi
vi. DG BPR&D, CGO Complex, New Delhi
vii. DG NCRB, RK Puram, New Delhi.
viii. Director, NCPCR
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Annexure 8
F.NO.15011/6/2009-ATC (Advisory)
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA
NORTH BLOCK NEW DELHI /CS DIVISION
New Delhi, the 09.09.2009
OFFICE MEMORANDUM
Subject: Advisory on Preventing and Combating Human Trafficking in India
Introduction:
The Trafficking in Human Beings (THB) is a crime committed in order to target, lead or drive a human being into an
exploitative situation with the aim to make profits. Such exploitation may take many forms, for example commercial
sexual exploitation, child labour, forced labour, bonded labour or illegal organ removal etc. The country is witnessing
cross-border as well as internal (intra-country) trafficking.
Human Trafficking and Indian Laws:
Trafficking in Human Beings (THB) is prohibited under the Constitution of India under Article 23 (1). Following
specific legislations deal with Trafficking in Human Beings (THB)
•
Laws relating to trafficking in women and children being administered by the MWCD (wcd.nic.in)
i.
Immoral Traffic (Prevention) Act, 1956,
ii. Prohibition of Child Marriage Act (PCMA), 2006.
•
The “Bonded Labour System (Abolition) Act, 1976”, being administered by Ministry of Labour and
Employment (labour.nic.in), provides for abolition of the system of bonded labour and the rehabilitation
of released labourers. Child Labour (Prohibition and Regulation) Act, 1986 is also being administered by
Ministry of Labour.
•
Further, commercial dealing in human organs is a punishable offence under the Transplantation of Human
Organs act, 1994, being administered by Ministry of Health and family Welfare (mohfw.nic.in). The appropriate
authorities appointed under the Act are responsible and empowered to check the illegal activities of human
organs traffickers.
•
Specific Sections in the IPC, e.g., Sections 372 and 373 dealing with selling and buying of girls for the
purposes of prostitution.
‘Public Order’ and ‘Police” as per the 7th Schedule of the Constitution of India, are State subjects and, as such,
detection, registration, investigation and prevention of crime is primarily the responsibility of the State Governments.
However, Central Government supplements the efforts of the State Governments by providing policy guidelines,
financial assistance for modernization of the State Police Forces in terms of weaponry, communication, equipment,
mobility, training and other infrastructure under the Scheme of Modernization of State Police Forces.
A working Group comprising of Directors General of Police of some of the affected States was constituted in 2004
by MHA to study the issues relating to cross border trafficking. The recommendations of this group were sent to
the State Governments and they were advised to evolve a comprehensive strategy for effectively dealing with the
problem of trafficking. Also an “Integrated National Plan of Action to Prevent and Combat Trafficking in Human
Beings Specially Women and Children” (nhrc.nic.in/planofaction.doc), which has been worked out through a
consultation process of all related Ministries and other stakeholders, has been adopted by Government of India in
the Ministry of Women and Child Development. This plan deals with all aspects of prevention, rescue, registration
of cases, investigations, prosecution, conviction, cross border trafficking issues, rehabilitation, repatriation and
reintegration of victims etc. Based on these the recommendations of DGPs and the integrated action plan stated
above the State Governments may evolve a holistic approach towards combating Trafficking in Human Beings (THB),
encompassing all aspects of prevention, rescue and rehabilitation. Convergence should be adopted between various
state departments and stakeholders for effective of handling of crime of Trafficking in Human Beings (THB).
Following key points of advice have been worked out in collaboration with the related Ministries of Women and Child
Development, Labour and Employment, and Health and family Welfare where the assistance/ action by the State
Government/ Police would be required for the effective implementation/ enforcement of laws relating to Trafficking
in Human Beings (THB):
1.
Constitution of the State Advisory Committee for Preventing and Combating Trafficking of Women and
Children for Commercial Sexual Exploitation.
According to the Supreme Court order dated 2/05/09 (Vishal Jeet Vs Union of India), every State Government
should set-up a State Advisory Committee for Preventing and Combating Trafficking of Women and Children
for Commercial Sexual Exploitation. Ministry of Women & Child Development (MWCD) has already issued
an advisory in this regard to all the State Governments. .
2.
Implementation of Immoral Traffic (Prevention) Act (ITPA), 1956.
2.1. Since ITPA is the main Act that can be used to book trafficking for commercial sexual exploitation, its
implementation is essential for counter-trafficking. Under Section 23, the State Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of the Act. Such rules may
be formulated, notified and intimated to MWCD with a copy to MHA.
2.2. Under Section 13, the State Government may appoint ‘Special Police Officers (SPOs)’ and the ‘Nonofficial advisory bodies’ to advise the SPOs for dealing with offences under the Act.
2.3. Under Section 21, the State Governments may set-up ‘Protective homes’ and ‘Corrective institutions’ for
ensuring proper implementation of the provisions of the Act. The information regarding these homes
may be circulated to all Police Stations and officers dealing with the trafficking cases.
2.4. Under Section 22-A, the State Government may, by notification in the Official Gazette, and after
consultation with the High Court, establish one or more Courts for providing speedy trial of the offences
under the Act.
2.5. It is generally noticed that sections 8 and 20 of ITPA, which focuses on the victims, are more often
invoked as a result of which the victim is re-victimized and the exploiters are not punished. It is,
therefore, advised that sections 3, 6 and 7 which pertains to pimps, brothel owners, clients who are
actual perpetrators of the crimes need to be invoked rather than sections 8 and 20. Law enforcement
agencies need to adopt a victim centric approach in the investigations.
3.
Implementation of Juvenile Justice Act (JJ Act), 2000: Juvenile Justice Act provides comprehensive
mechanism for care and protection of children including rehabilitation and social integration of children.
Therefore, its implementation is essential to address trafficking of children. Following provisions of the Act
are concerned with the Home Department/ Police and require action by the State Governments:
3.1. Under Section 62-A, the State Government shall constitute ‘Child Protection Units’ for the State and
districts to fulfill its responsibilities as stipulated under the Act.
3.2. Under Section 63, in each police station, at least one police officer may be designated as the ‘Juvenile
or Child Welfare Officer’ to handle a juvenile or child in coordination with the police.
3.3. Under Section 68, the State Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of the Act.
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197
Implementation of Prohibition of Child Marriage Act (PCMA), 2006: Prohibition of Child Marriage Act (PCMA)
was enacted in 2006 repealing Child Marriage Restraint Act, 1929. It is reported that traffickers in some
pockets in the country are exploiting evil custom of child marriage to target innocent girls for trafficking.
Therefore, it is essential to implement the Act to address this modus operandi of traffickers.
4.1. As per PCMA, State Governments under Section 19 (1), may, by notification in the Official Gazette, make
rules for carrying out the purposes of the Act.
4.2. Under Section 16, the State Government may appoint ‘Child Marriage Prohibition Officers’ to fulfill
the mandate as stipulated in the Act. State Governments may intimate the MWCD about the status of
appointment of Prohibition Officers and Rules.
4.3. The State Governments are to maintain MIS and send quarterly information on number of cases
registered under PCMA and convictions.
4.4. On receiving a complaint about child marriage, police are required to follow the procedure laid down in
the Code of Criminal Procedure, 1973, which include registering an FIR and carrying out investigation.
4.5. The offences under PCMA are cognizable and non-bailable, hence, immediate arrest of offenders is
necessary.
4.6. Extra vigilance should be maintained during festivals such as ‘Akshya Tritha’ to ensure that no child
marriage takes place.
5.
Capacity building of the State machinery: Implementation of the legal provisions in relation to applicable
Acts- CLPRA, BLSA, IPTA, JJA and IPC involves not only police but many other officials dealing with the
Criminal Justice System - notably the executive magistrates, the labour officials, CWC members and incharges of Homes. Therefore, the State government may initiate a time bound action plan to build the
required capacity of the state investigation and prosecution machinery in this regard. Some of the key areas
identified for capacity building are listed below.
5.1. Identification of victims of trafficking for the purpose of commercial sexual exploitation, child/bonded/
forced labour and for illegal organ removal.
5.2. Recognition of all applicable legal provisions of the law to a case of trafficking (not just one Act or two)
by law enforcement machinery.
5.3. Understanding of legal and administrative provisions for inter-state and cross border investigation.
5.4. Understanding of legal provisions for closure of places of exploitation.
5.5. Understanding of legal provisions for confiscation of proceeds of crime.
5.6. Understanding of the mechanism in place for victim support and assistance.
5.7. Integrated actions on prosecution, prevention and protection by building linkages with other Government
departments and agencies, including NGOs.
5.8. For capacity building the Bureau of Police Research and Development (BPR&D) (www.bprd.gov.in), at
the behest of MHA, has prepared a training manual on Human Trafficking Handbook for Investigators
and this has been circulated to the States for use in the police Training Institutes. All the training
materials have also been uploaded on BPR&D website. BPR&D has already translated the training
material in Hindi, Telugu and Marathi languages. 12 Resource Books on ‘Training and Investigation on
Anti-Human Trafficking” prepared as a result of pilot project between MHA and UNODC (www.unodc.
org/india/ind_s16.html) have also been uploaded on BPR&D website. These resource materials should
be used by State Governments for the capacity building of all agencies involved in prevention of human
trafficking.
5.9. Also MWCD, in collaboration with National institute of Public Co-operation and Child Development
(NIPCCD) and UNICEF, has developed manuals for training of stakeholders such as ‘Judicial Handbook
on Combating Trafficking of Women and Children for Commercial Sexual Exploitation’, ‘Manual for
Medical Officers for dealing with Child Victims of Trafficking and Commercial Sexual Exploitation’,
counseling services for Child survivors of trafficking’, Counseling services for Child survivors of
trafficking’, Social workers.
5.10. States may organize training/workshops/awareness campaign to sensitize their SHOs/Dy. SP/ACP and
other law enforcement agencies towards the crime, safety and security of women and children.
5.11. The Compendium of Best Practices in handling cases of human trafficking (www.unodc.org/india/
ind_s16.html) has already been circulated to all the State Governments and UT Administrations for
information and appropriate use.
6.
Prevention of Trafficking:
6.1. It has been noticed that people, especially women and children are vulnerable to trafficking during
‘distress migration’ and from ‘disaster prone areas’- such as during floods, earthquakes, crop failures,
riots, terrorist activities etc. Therefore, it is important to establish extra vigilance in this regard around
transit points and at borders- interdistrict/ inter-state and international.
6.2. Police should work closely with immigration authorities, Border Security Force (BSF), Railways and
other transport authorities, provincial/ territorial and municipal agencies, with Social Services, child
welfare authorities and with any NGOs involved in service delivery for spotting and rescuing the victims.
6.3. Effective patrolling and vigil at locations prone to trafficking such as highways, dhabas, railway
stations and bus stations for suspicious movement of traffickers and victims and monitoring, through
involvement of village community, the suspicious/ unnecessary movements of strangers in the villages.
6.4. Pro-active policing through information exchange with representatives from the local Government,
community, NGOs with a view to raise awareness and garner active support of the community.
6.5. Periodical checks on transporters to prevent physical transportation of the trafficked persons.
6.6. Prevention at the demand area by understanding/ addressing new forms of demand. For example,
placement agencies providing domestic child labourers.
6.7. Facilitating inter-State collaboration by sharing data on missing children/ kidnappings and suspected
offenders. Development of victim and offender profiles on an interagency basis.
6.8. Sensitization programmes/workshops for police officers/railway police force and prosecutors on various
legislations mentioned above in relation to trafficking. State nodal officers may hold periodical meetings
to review and monitor the efforts taken to prevent and combat the crime of trafficking.
6.9. In case of child trafficking, following provisions also need to be kept in view:6.9.1. Identification of children at risk, (e.g. following raids on off-street sites, responding to referrals
from other agencies, NGO or members of the public, following up reports of missing children).
6.9.2. Report instances of children in need of protection to relevant child protection agencies. For this
purpose the Police Stations could be sensitized.
6.9.3. The development of victim profiling with other agencies.
6.9.4. Undertaking joint interviews with social workers of children identified as victims or potential
victims to assess risk and assist in the development of protection plans.
6.9.5. Carry out checks on sponsors and people who claim to be the relatives of children identified as
being at risk of trafficking.
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6.9.6. Participating in local child protection networks with related organizations (immigration, social
services, NGOs, health, education) to develop joint approaches to the issue at local level and
contribute to wider forums as appropriate.
6.9.7. If children disappear, initiate missing person’s procedures, investigate circumstances and
circulate information/ undertake investigations, linking with other agencies as required.
6.9.8. Ministry of Labour & Employment has developed a detailed protocol for prevention, rescue,
repatriation, rehabilitation and reintegration of migrant and trafficked child labour. The protocol has
been issued to all State Governments for implementation.
7.
Investigation & Prosecution:
7.1. Standard operating procedures for Investigation have been developed under the pilot project between
MHA and UNODC as mention in para 5.8 above, which can be used for effective investigation in trafficking
related crimes.
7.2. One of the effective means of securing better conviction rates of perpetrators of crime of trafficking is to
base the case on documentary, forensic and material evidence. At present, most of the time, the victim
is being used as a witness and more often than not, he/she can easily be intimidated. State Governments
are advised to encourage the law enforcement agencies to build full proof investigation against the
traffickers, so that, convictions can be guaranteed.
7.3. Use of fast track courts and video conferencing to the extent possible.
8.
Rescue and Rehabilitation
8.1. Police should work with other agencies and stakeholders to ensure that those who are rescued or who
choose to return are not re-trafficked; this should include a risk assessment of the danger to returning
victims (child care authorities would prepare risk assessment for children).
8.2. Identifying support services and referring victims/ potential victims to specialist NGO’s and safe
accommodation, where these are available. The Ministry of Women and Child Development runs short
stay homes Swadhar shelter homes for women in difficult circumstances (wcd.nic.in/Comscheme.doc).
These cater to trafficked women/girls rescued or runaway from brothels or victims of sexual crimes
who are disowned by family or who do not want to go back to respective family for various reasons.
The schemes provide for shelter, food, clothing for women and children below the age of 18 years,
counseling, clinical, medical, legal and other support, training and economic rehabilitation and helpline
facilities.
8.3. A new scheme - UJJAWALA (wcd.nic.in/Comscheme.doc) – a comprehensive scheme for prevention
of trafficking, rescue, rehabilitation, reintegration and repatriation of the victims of commercial sexual
exploitation has been launched on 04.12.2007 by the Ministry of women and Child Development which
should be effectively used by the State Governments.
9.
MHA has already established an Anti Trafficking Cell (ATC) under the Director (SR) which deals with the
following major subject matters:
9.1. All matters pertaining to the criminal aspect of trafficking in human beings especially of women and
children, which is the fastest growing organised crime and an area of concern.
9.2. To act as the Nodal cell for dealing with the criminal aspect of Human Trafficking in India, hold regular
meetings of all States and UTs, communicating various decisions and follow up on action taken by the
State Governments.
9.3. To interface with other Ministries like MWCD, MSJE, MEA, MOIA, MOLE, MOL, MOT and NCRB regarding
the criminal aspect of human trafficking.
9.4. All matters relating to the UNODC, UNIFEM, their meetings, conferences, conventions, reports etc. in
the context of the criminal aspect of Human Trafficking.
10. The Anti Trafficking Nodal Cell of MHA has developed an MIS proforma for the monitoring of the action taken
by various State Governments regarding the criminal aspect of human trafficking as well as crime against
women. The State Governments are requested to send quarterly information on 1st January, 1st April, 1st
July and 1st October of the year in the prescribed proforma.
11. You are requested to issue suitable directions to all concerned under intimation to this Ministry. It is further
requested that action taken in this regard may be regularly / periodically reviewed by the State Governments
and UT administrations and a report indicating the present status sent to this Ministry within a month.
12. This advisory is being issued in consultation with the Ministry of Women and Child Development and Ministry
of Labour and Employment.
The receipt of this letter may kindly be acknowledged immediately.
Yours faithfully,
-Sd(Nirmaljeet Singh Kalsi)
Joint Secretary to the Government of India
Ministry of Home Affairs, North Block
New Delhi - 110001
Tel. No. 23092630
To,
The Chief Secretaries &
The Principal Secretary / Secretary (Home)
All State Governments and Union Territory Administrations – for information and necessary action.
Copy for information and necessary action to:
i. The DGs / IGs (In-charge of Prisons)/ - All State Governments / UTs for information and necessary
action.
ii. Ministry of Women and Child Development (Mrs. Manjula Krishnan, Advisor & Joint Secretary, MWCD,
Ms. P. Bolena, Joint Secretary) Shastri Bhawan, New Delhi.
iii. Ministry of Labour (Shri S.K. Dev Verman, Jt. Secy.), Shram Shakti Bhavan, New Delhi.
iv. Ministry of Social Justice and Empowerment (Sh. D.V.S. Ranga, Joint Secretary), Shastri Bhawan, New
Delhi.
v. Ministry of Overseas Indian Affairs (Shri G. Gurucharan, Jt. Secy.), New Delhi. vi. Ministry of External
Affairs, (Joint Secretary SAARC and Joint Secretary UNES) South Block, New Delhi.
vii. Chairperson, National Commission for Women, 4, Deen Dayal Upadhyaya Marg, New Delhi-110 002.
viii. Chairperson, National Commission for Protection of Child Rights, 5th Floor, Chandralok Building,
Janpath, New Delhi-110 001.
ix. Chairperson, National Human Rights Commission, Copernicus Marg, New Delhi.
x. Director General, NCRB, RK Puram, New Delhi.
xi. Director General, BPR&D, New Delhi.
xii. Director General Border Security Force, New Delhi
xiii. Director, CBI, New Delhi.
xiv. JS (UT)/ JS (NE) /JS (K), MHA, North Block, New Delhi.
xv. Under Secretary (Parliament), MHA, North Block, New Delhi.
-Sd(Nirmaljeet Singh Kalsi)
Joint Secretary to the Govt. of India
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Annexure 9
F. NO.15011/48/2009-SC/ST-W
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA
NORTH BLOCK NEW DELHI /CS DIVISION
New Delhi, the 4.9.2009
OFFICE MEMORANDUM
Subject: Advisory on Crime against Women – Measures needed to curb –regarding
1.
The Government of India have been advising the State Governments from time to time regarding the steps that
need to be taken to afford a greater measure of protection to the women and in particular to prevent incidence
of crimes against them. The advisories issued earlier with particular reference to the crime against women
vide D.O. letters No.15018/214/94-GPA.VI dated 17.4.1995, No.24013/65/96-GPA.VI dated 12.9.1996,
No.15018/214/96-GPA.VI dated 18.3.1997, No.24013/84/97-GPA.VI dated 6.10.1997, No.24013/50/98GPA.VI dated 8/11.9.1998 and No.24013/83/2001-GPA.VI dated 19/26.3.2002, No.15011/21/2004-SC/
STCell dated the 5th May, 2004, 15011/55/2007-SC/ST-W, dated 17th August, 2007 may be referred to in
this regard.
2. These advisories, inter-alia, include gender sensitization of the police personnel, adopting appropriate measures
for swift and salutary punishment to public servants found guilty of custodial violence against women,
minimizing delays in investigations of murder, rape and torture of women and improving its quality, setting
up a ‘crime against women cell’ in districts where they do not exist, providing adequate counseling centers
and shelter homes for women who have been victimized, setting up of special women courts, and improving
the effectiveness of schemes developed for the welfare and rehabilitation of women who are victimized with
greater emphasis on income generation to make the women more independent and self-reliant.
3.
Through the aforesaid advisories, the State Governments were also requested to undertake a comprehensive
review of the effectiveness of the machinery in tackling the problem of women and to take appropriate
measures aimed at increasing the responsiveness of the law and order machinery. No doubt, some State
Governments have taken some measures in this regard, however, the inputs regarding crime against women
available with this Ministry indicate that these measures need to be strengthened further, so that the women
folk feel secure, enjoy their human rights and live their life with dignity and respect that they deserve. Despite
several steps being taken by the State Governments, picture still is very grim and disappointing. Complaints
are still being received regarding non-registration of FIRs and unsympathetic attitude of police personnel
towards rape victims and victims of violence.
4.
The National Commission for Women has been undertaking visits to various States to review the status of
women and has also been conducting its own investigations in certain cases of serious incidents of crime
against women. The Commission has been making available findings of their inquiry to the concerned State
Governments as well as to this Ministry. The reports of the inquiries conducted by the Commission in these
specific incidents indicate that the level of sensitiveness and care with which crime against women should
be handled is not up to the desired level. The Commission has pointed out laxity and insensitiveness on the
part of certain police officials in some specific cases. The Commission has observed that filing of FIRs even
in heinous cases continues to be a problem Some critical observations & recommendations made by the
National Commission of Women in its various reports of investigations into major incidents of crime against
women are annexed herewith.
5.
In its Fifth Report, the Second Administrative Reforms Commission titled ‘Public Order’ have emphasized
the need to combat crimes against vulnerable sections of the society, particularly women and children and
has given a number of important recommendations. The Government of India is deeply concerned with the
trends mentioned in para 4 above and ground situation and would therefore re-emphasize that urgent action
should be taken on the following:i.
Vigorously enforce the existing legislation relating to Crime against Women and Children, i.e., Dowry
Prohibition Act, 1961, Child Marriage Restraint Act, 1929, Immoral Traffic (Prevention) Act, 1956,
Indecent Representation of Women (Prohibition) Act, 1986, Commission of Sati (Prevention) Act,
1987 and Violence against Women (Prevention) Act, 2005, Section 67 of the IT Act, 2000, the display
of lascivious photographs/films on computer through internet, etc. Major offences under IPC, 1860
which provide punishment for offences against women are (i) Section 302/304-B (Homicide for dowry,
dowry death or their attempts) (ii) Section 354 (Assault or criminal force to women with intent to
outrage her modesty, (iii) Section 376 (rape); (iv) Section 498 (enticing or taking away or detaining with
criminal intent a married women); and (v) Section 498-A (husband or relatives of husband of a women
subjecting her to cruelty); and Section 509 (sexual harassment - word, gesture or act intended to insult
the modesty of women). Further, Section 376(2)(a) & (b) of the IPC provides for higher minimum
punishment in cases of rape committed by a police officer and public servant on a woman in custody.
ii. Government must ensure proper enforcement of law and convictions in women related crimes.
Enforcement agencies should be instructed in unambiguous terms that enforcement of the rights
of the weaker and vulnerable sections including women and children should not be downplayed for
fear of further disturbances or retribution and adequate preparation should be made to face any such
eventuality.
iii. The administration and police should play a more proactive role in detection and investigation of crime
against women and ensuring that there is no under reporting.
iv. Increasing the overall representation of women in police forces. The representation of women in police
at all levels should be increased through affirmative action so that they constitute about 33% of the
police.
v. Sensitizing the law enforcement machinery towards crime against women by way of well structured
training programmes, meetings and seminars etc., for police personnel at all levels as well as other
functionaries of the criminal justice system. Such programmes may be incorporated in the syllabus of
various Police Training Academies at all levels.
vi. Government must take concrete steps to increase awareness in the administration and among the police
in particular, regarding crime against women, and take steps not only to tackle such crimes but also deal
sensitively with the ensuing trauma.
vii. For improving general awareness on legislations, mechanisms in place for safety and protection of
women, the concerned department of the State Government must, interalia, take following steps:
a. Create awareness through print and electronic media;
b. Develop a community monitoring system to check cases of violence, abuse and exploitation and
take necessary steps to curb the same;
c. Involving the Community at large in creating and spreading such awareness; and
d. Organize legal literacy and legal awareness camps.
viii. Explore the possibility of associating NGOs working in the area of combating crime against women.
Citizens groups and NGOs should be encouraged to increase awareness about gender issues in society
and help bring to light violence against women and also assist the police in the investigation of crime
against women. Close coordination between the police and the NGOs dealing with the interests of
women may be ensured.
ix. There should be no delay whatsoever in registration of FIR in all cases of crime against women.
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x. All out efforts should be made to apprehend all the accused named in the FIR immediately so as to
generate confidence in the victims and their family members;
xi. Cases should be thoroughly investigated and charge sheets against the accused persons should be filed
within three months from the date of occurrence, without compromising on the quality of investigation.
Speedy investigation should be conducted in heinous crimes like rape. The medical examination of rape
victims should be conducted without delay.
xii. Ensure proper supervisions at appropriate level of cases of crime against women from the recording of
FIR to the disposal of the case by the competent court.
xiii. Help-line numbers of the crime against women cells - should be exhibited prominently in hospitals/
schools/colleges premises, and in other suitable places.
xiv. Set up exclusive ‘Crime Against Women and Children’ desk in each police station and the Special Women
police cells in the police stations and all women police thana as needed.
xv. Concerned departments of the State Governments could handle rape victims at all stages from filing a
complaint in a police station to undergoing forensic examination and in providing all possible assistance
including counseling, legal assistance and rehabilitation. Preferably these victims may be handled by
women so as to provide a certain comfort level to the rape victims.
xvi. The specialized Sexual Assault Treatment Units could be developed in government hospitals having a
large maternity section.
xvii.The Health department of the State Govts., should set up ‘Rape Crisis Centres’ (RCCs) and specialized
‘Sexual Assault Treatment Units’ (SATUs), at appropriate places.
xviii.Rape Crisis Centres (RCCs) set up by the Health Deptt. could assist rape victims and provide appropriate
level of coordination between the police and health department facilities for medical examination to
establish forensic evidence, SAT Units and medical facilities to treat after effects of sexual assault.
Hence, these RCCs could act as an interface between the victims and other agencies involved.
xix. The administration should also focus on rehabilitation of the victims and provide all required support.
Counseling is required for victim as well as her family to overcome the trauma of the crime. The police
should consider empanelling professional counselors and the counseling should not be done by the
police. The effectiveness of schemes developed for welfare and rehabilitation of women who have been
victimized should be improved.
xx. For improving the safety conditions on road, the concerned departments of the State Government must
take suitable steps to:
a. Increase the no. of beat constables, especially on the sensitive roads;
b. Increase the number of police help booth/kiosks, especially in remote and lonely stretches;
c. Increase police patrolling, especially during the night;
d. Increase the number of women police officers in the mobile police vans;
e. Set-up telephone booths for easy access to police;
f. Install people friendly street lights on all roads, lonely stretches and alleys; and
g. Ensure street lights are properly and efficiently working on all roads, lonely stretches and alleys.
xxi. The local police should arrange for patrolling in the affected areas and more especially in the locality of
the weaker sections of the society. Periodic visits by DM & SP will create a sense of safety and security
among these sections of the people.
xxii.Special steps to be taken for security of women working in night shifts of call centers.
xxiii.Crime prone areas should be identified and a mechanism be put in place to monitor infractions in
schools/colleges for ensuring safety and security of female students. Women police officers in adequate
number fully equipped with policing infrastructure may be posted in such areas.
xxiv.Action should be taken at the State level to set up of Fast Track Courts and Family Courts.
xxv.Dowry related cases must be adjudicated expeditiously to avoid further harassment of the women.
xxvi.Appointment Dowry Prohibition Officers and notify the Rules under the Dowry Prohibition Act, 1961.
xxvii. All police stations may be advised to display the name and other details of Protection Officers of the
area appointed under the Domestic Violence Act, 2005.
xxviii. Police personnel should be trained adequately in special laws dealing with atrocities against women.
Enforcement aspect should be emphasized adequately so as to streamline it.
xxix. Special steps may also be taken by the police in collaboration with the Health and Family Welfare
Department of the State to prevent female foeticide.
xxx.Special steps should also be taken to curb the ‘Violation of Women’s Rights by so called Honour Killings,
to prevent forced marriage in some northern States, and other forms of Violence’.
xxxi. Ensure follow up of reports of cases of atrocities against women received from various sources,
including NCW & SCW, with concerned authorities in the State Governments.
6.
‘Public Order’ and ‘Police” as per the 7th Schedule of the Constitution of India, are State subjects and, as
such, detection, registration, investigation and prevention of crime is primarily the responsibility of the State
Governments. However, Central Government supplements the efforts of the State Governments by providing
financial assistance for modernization of the State Police Forces in terms of weaponry, communication,
equipment, mobility, training and other infrastructure under the Scheme of Modernization of State Police
Forces.
7.
You are requested to issue suitable directions to all concerned under intimation to this Ministry. It is further
requested that action taken in this regard may be reviewed by the State Governments and UT administrations
and a report indicating the present status sent to this Ministry within a month.
8.
This advisory is being issued in consultation with the Ministry of Women and Child Development.
The receipt of this letter may kindly be acknowledged immediately.
Yours aithfully,
(Nirmaljeet Singh Kalsi)
Joint Secretary to the Government of India
Ministry of Home Affairs, North Block
New Delhi - 110001
Tel. No. 23092630
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To,
The Chief Secretaries &
The Principal Secretary / Secretary (Home)
All State Governments and Union Territory Administrations.
Copy also for information and necessary action to:
i.
The DGs / IGs (In-charge of Prisons) - All State Governments / UTs for information and necessary.
ii.
Ministry of Social Justice and Empowerment (Sh. D.V.S. Ranga, Joint Secretary), Shastri Bhawan, New
Delhi.
iii. Chairperson, National Commission for Women, 4, Deen Dayal Upadhyaya Marg, New Delhi-110 002
iv. Ministry of Women and Child Development (Mrs. Manjula Krishnan, Advisor MWCD) Shastri Bhawan, New
Delhi.
v.
Director, NCRB, RK Puram, New Delhi. (Nirmaljeet Singh Kalsi) Joint Secretary to the Govt. of India
(Nirmaljeet Singh Kalsi)
Joint Secretary to the Govt. of India
Annexure 10
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
WD, CW & DW Deptt. – Adoption of Minimum Standards of Care by nstitutions & Service providers providing
protective and rehabilitative facilities to victims of commercial sexual exploitation/sex trafficking - Orders – Issued.
WOMEN DEV., CHILD WELFARE & DISABLE WELFARE (WP) DEPARTMENT
G.O.Ms.No.16,
Dated the :24th April, 2010
Read the following:
1.
G.O.Ms.No.661, EM & SW (H1) Deptt., Dt:28.08.74
2.
G.O.Ms.No.1, WD CW & DW (Prog) Dept., Dt:31-01-2003.
ORDER:
1.
Government of Andhra Pradesh acknowledges that human trafficking particularly for commercial sexual
exploitation is among the worst forms of human rights violation, destroying the lives of thousands of women
and children. All available reports and testimonies of trafficked survivors reveal that a victim when trafficked
is subjected to inhuman torture, threat and intimidation leaving deep psychological scars. Lack of holistic
care and support for rescued victims, can have serious repercussions for the society, as these victims could
be further re-trafficked and the crime of trafficking can go on unabated.
2.
Government of Andhra Pradesh is firmly committed to combat trafficking and provide all care and support
required for a victim so that she can eventually be re-integrated into the mainstream society to lead a
dignified and independent life. PRAJWALA - a voluntary organization committed to the cause of anti-human
trafficking has furnished “Minimum Standards of Care”, in consultation with all stake holders including
Government officials concerned, NGOs, victims of trafficking etc.,
3.
The Government after due consideration, with a view to ensure holistic care and support for all rescued
victims of commercial sexual exploitation/sex trafficking, hereby direct that the minimum standards of care
as detailed in Annexure shall be adopted and adhered to by all institutions and service providers providing
protective and rehabilitative facilities to victims of sex trafficking/commercial sexual exploitation. Any nonadherence, deviation or violation of the minimum standards of care shall entail cancellation of license/
registration/recognition/grantin- aid as the case may be, apart from other appropriate action.
4.
Further, no institution providing such shelter shall be considered for license/registration/recognition or
grant-in-aid unless the Minimum Standards of Care as prescribed are provided and fully adhered to by the
institution/service provider.
5.
Finally, all such institutions and service providers shall also adopt and put in place the computerized tracking
system with effect from 01-06-2010 as per the software to be made available to them by the Director, W.D.
& C.W. Dept.
6.
This order issues with the concurrence of Finance Department vide their UO Note.3253/69/Expr. WD/2010,
Dated:19-03-2010.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
M. CHAYA RATAN,
PRINCIPAL SECRETARY TO GOVERNMENT.
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To
The Additional Director General of Police- CID.
The Director, Women Development & Child Welfare Department.
All District Collectors.
All Superintendents of Police.
All Regional Deputy Directors of Women Development & Child Welfare Department.
All Swadhar homes & Service providers concerned through Director, Women Development & Child Welfare .
Copy to:
The Principal Secretary to Government Home Department, A.P. Secretariat, Hyderabad.
The P S to Chief Secretary, A.P. Secretariat, Hyderabad.
The P S to Chief Minister Government of Andhra Pradesh, Hyd.
The Commissioner Information & Public Relation.
All District Medical & Health Officers through Commissioner,
Family Welfare Vidiya Vidhan Parishat, Hyderabad.
All Project Directors DRDA /Indra Kranti Padam through CEO. IKP.
All District Legal Service Authorties through A.P State Legal Service Authority.
All District Aids and Leprosy through Project Director, Aids Control Society.
All Child Welfare Committees through Director Juvenile Welfare, Correctional Services & Welfare of Street Children.
The Managing Director of Housing, A.P. Hyderabad.
All District Supply Officers through Commissioner Civil Supplies Department, Hyderabad.
The Principal Secretary to Government Housing.
The Commissioner Family Welfare, A.P. Hyderabad.
The Director, Medical & Health Services, Hyderabad.
The Principal Secretary to Government, Civil Supplies Department.
The Principal Secretary to Government Education Department.
The Principal Secretary to Government Rajiv Vidya Mission.
The Principal Secretary to Government Higher Education Department.
S.F./S.C.
// Forwarded :: by Order //
SECTION OFFICER
ANNEXURE
MINIMUM STANDARDS OF CARE
In Homes for Victims of Trafficking
Introduction
Anti trafficking measures comprises of prevention, protection and prosecution. It has been seen throughout the
country that protection measures is the most important link to effective prevention and successful prosecution. But
it is matter of serious concern that protection measures in the form of shelters have not fulfilled their objectives and
poor rehabilitation measures have ended up in retrafficking of victims.
With the aim to improve the conditions of shelter homes minimum standards of care is introduced. These standards
for shelters for victims of commercial sexual exploitation / survivors of sex trafficking are those non-negotiable care
components that should be integrated in any home managed either by the government or the civil society to ensure
facilities for rehabilitation is in place as a matter of right of the victim. These standards will ensure that the safety,
dignity and the well being of each victim are provided for.
The minimum standards of care will be reviewed every two years for relevance and changed according to the
contemporary information available about care and protection of victims of trafficking.
The guiding principles of these standards are:
Rights Based: All standards will ensure that the basic human rights of the victim is upheld and respected. Additionally
the following rights will be a integral part of each care process:
•
Right to dignity
•
Right not to be re-traumatized and re-victimized
•
Right to informed choices and confidentiality
•
Right to self-determination and participation
Individualized and Comprehensive: The care components should be inclusive and be able to address the needs of
each individual through a continuum of care opportunities for all life domains of survivors.
Equitable: The program should ensure that all services are accessible to all victims. The services are designed in a
manner that facilitates people who may be facing more vulnerability or impact to have an equal access to services.
Gender sensitive: The program should be child friendly and focused on the psychological recovery of the victim. The
programs will recognize the gender based vulnerabilities and risks, will be developmentally appropriate and ensure
that the recovery of the victim is paramount.
Accountable: All the programs will be accountable and will be subject to mandatory external standardized care
process audits.
STANDARDS OF CARE
Standard I: Location
208
1.
Any home/shelter meant for victims of commercial sexual exploitation should be located in a residential
area and should be maintained and integrated in the local scenario. The name board of the home should not
reveal either the purpose or the kind of benefit it provides. The home meant for 50 residents should not be
less than 5500 sq ft, which includes, different types of spaces required.
2.
The location of the home should minimize risk to the residents and should have a favorable ambience (not
close to a red light area, wine shop, slums or shanties and the homes should be far away from auto stands,
bus stations, railway stations, road side stalls) with adequate privacy for the residents.
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The home/shelter should be well connected with other amenities such as water, electricity, sanitation,
approach road, etc. Care should be taken to ensure that the physical infra-structure allows no undesirable
outside contact.
Standard II: Security
1.
The home should have 24 hrs security arrangements. Without appearing custodial in nature the home should
ensure adequate security to the residents. The security persons should be free of any addictions and they
need to be trained.
2.
All inflammatory or hazardous substances such as kerosene, petrol, pesticide, phenol, medicines, acid,
bleaching powder, soaps, rat killers, especially sedatives etc) should be kept securely, out of the reach of
the residents. Field security plan should be in place (fire exit marking). There should be a regular fire drill.
Basements should not be used for residential purposes. Stock register of all the above mentioned hazardous
substances should be maintained and regular stock taking (monthly) should be monitored.
3.
For residents who are suffering from psychological disturbances any task with sharp/hazardous instruments/
substances such as knives, screw drivers, ropes and wires should be avoided to extent possible and if
unavoidable to be done under proper supervision.
4.
All doors (bathroom, toilets, kitchen, storage, bedrooms) should have provisions for opening from outside
in cases of emergency.
5.
No visitors for residents should be allowed in the home without requisite vetting and permission. The home
should have a visitors’ policy which should include arrangements to screen and interact with visitors away
from residential area within the campus. The best interest of the resident should be the guiding principle.
All visits should be documented in a well maintained visitors book that will record all details such name,
designation, organization/institution, address etc Proper check of staff at entry and exit should be done and
CCTV cameras may be installed in visitor’s room.
6.
No resident should have access to mobile phones and any phone call made should be under supervision.
Standard III: Legal Custody and Arrangements for Leave from home
1.
Legal custody of residents must be under the supervision of the Child Welfare Committee (if minors) or the
Service providing Organization or any other competent authority dealing with the issues of women and/or
children of the area as the case maybe.
2.
A social worker must accompany the residents (who are at risk to coercion and exploitation) whenever she
leaves the place of safety. The home should have protocol for different circumstances when the resident
may leave the home unaccompanied by staff. Such protocol should be evolved by a risk assessment and
riskreduction information.
Standard IV: Confidentiality
1.
The resident should not be exposed to the media and complete confidentiality should be maintained about
the facial and other personal identity of the resident. This is valid at all stages from rescue to prosecution and
social reintegration and thereafter. All case records especially medical records should be maintained with
utmost confidentiality.
2.
No information about a resident will be given to any outsider without the permission of the authorized person
and the informed consent of the resident.
Standard V: Basic Infrastructure Facilities:
1.
The home should be well ventilated, with adequate space (approximately @50-60 sft per resident, toilets and
bathrooms at a proportion of 1:5.)
2.
The home should have well ventilated kitchen, a common hall, counseling room, medical room, dining
hall, bedrooms, quarantine room, storage facility and staff quarters and no basements should be used for
residential purposes 3. The home should have open space for recreation, washing/drying arrangements
which ensures privacy.
4.
The residents of the home should have access to public facilities such as garden, playground and recreational
facility etc.
5.
Each resident should be provided with individual cot, bedding, 2 bed sheets, 1 blanket and pillow, mosquito
nets per year.
6.
Universal care processes should be established which enables the home to provide for the special care
needs of HIV positives, disabled, pregnant and lactating mothers and severely sick residents without any
stigmatization or isolation
Standard VI: Staff recruitment/Training:
1.
Staff should be recruited only after adequate screening about their past record and assessment of their skills
and attitude. Special care should be taken to ascertain any indications of past criminal record or association,
psychological disorders, addictions ( alcohol, tobacco, gutkha, drugs etc)
2.
All staff irrespective of the post should be given induction training and adequately sensitized on aspects of
trafficking, needs of trafficked residents, trauma care, first aid and counseling.
3.
Standardized training module has to be developed with regular updates.
4.
One head of the home with a postgraduate degree, Two Trained counselors’ one with MSW and other with
MA Psychology with special training on trauma care should be recruited on a fulltime basis, and where one
counselor is to be a resident and other may be a non-resident for better functioning. The home may also
choose to use primary level peer counselors who are present in the home all the time and supported by
secondary level professional counselors as mentioned above.
5.
The home should have the following human resources for better operations for a average of 50 residents
with
a. 1 fulltime resident Warden/Superintendent who should be at least a graduate.
b. 2 resident Cooks
c. 4 caretakers with a minimum SSC education d. 1 Accountant cum Documentation personnel.
e. 2 Security personnel with a reading and writing skills
f.
Part time life skill trainer
g. A Panel of Medical practitioners (both government and private) should be identified to attend to the
needs of the residents at any time of requirement and appropriate budget should be extended for
medical kits, transport and honorarium
h. For legal assistance it should be converged with existing free legal aid services. If such services are not
easily available a budget may be provided for legal support and assistance till such a time mainstream
services can be ac Wcessed.
Standard VII: Home Management
210
1.
The residents should be directly involved in the day to day management of the home. All residents should be
part of the general body in running the home. On democratic lines committees should be chosen from the
general body which will support in the management of the home on different aspects.
2.
The committee should be reconstituted every 3 months and every resident in the home should be given a
chance to be an active committee member
3.
All process of the committee meetings, staff meetings, general body should be well documented
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Standard VIII: Induction of the residents:
1.
As soon as a resident enters a home she should be received with a welcome kit which will consists of two
pairs of clothes, towel, toiletry (tooth brush, tooth paste, soap, sanitary napkins, powder, shampoo sachet,
hair oil, comb etc)
2.
In the first one hour the new resident should be allowed to take bath and fresh in up. A light snack with water
should be provided as the initial formalities are completed.
3.
Older residents trained, as barefoot counselors should be given the task of receiving a new resident and
introducing her to the other residents. As a part of the reception a tour of the home should be given.
4.
If the resident is brought during the night she should be allowed to rest and personal profile and other
documentation formalities should be taken only the next day after the resident is feeling rested.
5.
Develop and establish moral support with the newcomer
Standard IX: Induction and Orientation
1.
The preliminary assessment report of the new resident should be recorded on the prescribed format. The
profile of the resident will be updated periodically. A photograph of the victim should be taken at the earliest
suitable time.
2.
As a part of the personal profile care must be taken to establish the true identity of the resident such as
her real name, whereabouts of family members, community members, relatives, next of kin, address etc.
Updating can be done in a phased manner and computerized
3.
The resident should be provided all information regarding the procedures, rules and facilities in the home.
She should be also informed about her legal and civic rights. A grievance/redress mechanism should be
created
4.
The resident should be informed about all the benefits she is entitled from the government such as immediate
relief of Rs.10,000/ and all other rehabilitation package such as livelihood skill, livelihood options, education
for her children etc as per the GO MS No 1 dated 3-01-2003.
5.
The resident should also be informed and counseled about the routine medical tests and examinations she
will be asked to undergo and also the tests for which she has to provide informed consent. The resident’s
consent for HIV test is necessary. The resident should be told why the test is being taken and the importance.
6.
Only after the resident is well oriented(may take a minimum of two weeks) an undertaking should be taken
by the resident on her choice to rehabilitate /reintegrate.
Standard X: Recording and Documentation
1)
As soon as the resident is admitted her personal profile should be recorded in a specified format (annexed).
The said profile should be updated regularly. The profile to be recorded only when the resident is mentally
prepared for the same. The persons responsible for recording/documenting the profile should be trained
mainly on communication and documentation. He/She needs to be patient with the residents and ensure
authenticity.
2)
There should be separate files maintained for each resident which should include a profile consisting of
personal details, informed consent and referral records with a medical file consisting of medical reports,
treatment plan and prescriptions. Confidentiality to be well maintained especially in the case of residents
being HIV positive.
3)
Separate registers should be maintained for attendance, visitors, incoming/outgoing and restoration/
reintegration.
4)
There should be a victim care plan which should take into consideration the educational background and
interests/talents/skills of the victim( to be recorded in a prescribed format for all residents and kept in the
personal profile). Individual care plans should be made based on this and appropriate training to be imparted
taking into consideration the emerging areas of human resource requirements. This care plan should be
updated from time to time for each resident even after repatriation and follow up.
Standard XI: Tracking Systems
1.
Homes should maintain all relevant details on the resident after the rescue process (FIR copy, remand dairy).
A complete record of the resident’s contact information (names of relatives, address, phone number etc.)
should be maintained in the resident’s confidential file. Authenticity of the resident’s information should be
ensured. A recent/latest passport size photo of the resident should also be kept in the confidential folder.
Profiles of the close associates to be secured & maintained. All relevant information should be comprehensive
and form a part of the initial assessments.
Standard XII: Health and Medical Support
1.
Immediately after a resident is admitted she should be provided immediate medical support (check up,
treatment for immediate ailment etc). Pediatric support should be given for children accompanied and a
check up by a gynecologist if the woman is pregnant
2.
Medical Tests for HIV/AIDS should be done only after the resident gives her informed consent.
3.
Each home should have facilities for health check-ups by a registered medical practitioner, gynecologist,
pediatrician, referral to external medical experts, hospitals, and facilities for hospitalization, on an as-needed
basis
4.
Home should have trained caretakers to provide appropriate care and support for HIV positive residents for
early management of opportunistic symptoms. All staff in the Home must be trained in HIV care and support
5.
Home should have referral networks with mental health professionals (psychologist, psychiatrist, psychotherapist etc) and mental health institutions for immediate and timely support for psychologically disturbed
residents
6.
Home should have referral network with de-addiction centers for those residents who have a problem of
substance abuse/alcohol addiction
7.
Each home should have a first aid box with basic medicines and equipments such as thermometer and
updated medical record of each resident. It should be replenished on a regular basis and medicines should
be checked regularly for their expiry date
8.
Home should have arrangement for caretakers who will escort residents during hospitalization and also
facilities for transportation of a sick resident
9.
Home should maintain proper registration of births and deaths.
10. Home should have a corpus fund for health related emergencies such as special health conditions, funeral
rites
11. At each Home, safe drinking water, sufficient number of bathrooms and toilets, fans and proper ventilation,
mosquito nets and proper drainage systems should be in place to ensure the health of all residents.
12. Residents should be provided a nutritious diet. Care should be taken to cater to special needs of residents
who are HIV positive, lactating mothers as per the diet chart. The menu for the week should a part of the
home committee decisions.
Standard XIII: Counseling and Therapeutic Support
212
1.
There should be both professional and Peer counselors-preferably female- in a home who would provide
immediate trauma care and long term counseling for the residents.
2.
The ambience of the home should be therapeutic in terms of nonjudgmental attitude of the staff, along with
avenues for relaxation, recreation and spiritual growth and activities for executing responsibilities and to
gain confidence and control. Illustrated activities include indoor & outdoor sports, physical exercise, cultural
activities, workshops, study material, magazines, music, meditation, yoga, gardening etc.
3.
There should be both individual and group counseling for the residents. Peer counseling including group
discussions should also be promoted.
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India Country Assessment Report on Human Trafficking
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Residents showing symptoms of psychiatric disorders should be immediately referred to professional
psychiatrist.
Standard XIV: Life Skills
1.
There should be daily classes for residents on life skills such as grooming, socialization, communication,
conflict management, stress management and leadership. Both formal and informal processes, including
mentoring and exposure visits should be used.
2.
Innovative and creative tools of teaching life skills should be used such as art/craft etc which will restore a
sense of well being and dignity.
Standard XV: Education
1.
Residents who have no formal education should be helped to obtain education through Akshara Jyothi,
Vidya program or any other adult education program.
2.
Residents who have basic literacy and have an aptitude for further education should be helped to enroll in
NFE programs including open school/university for continuum of educational process.
3.
Take all measure to mainstream minor residents in normal schools on priority basis.
4.
Children of residents should be admitted to either residential hostels or in schools. If in private schools, join
through sponsorship preferably from Government. If in Government School the government should take
care of all the expenses for education.
Any decision to send the resident from the shelter to any outside place should be taken only after security
concerns are satisfactory.
Standard XVI: Diet & Nutrition
1.
Home committee should prepare weekly diet chart for the home in consultation with the Superintendent/
Warden. Care should be taken to ensure the needs of the residents are incorporated as much as possible.
2.
Special diet chart should be prepared for lactating mothers, infants, and pregnant residents, residents with
special conditions such as HIV/AIDS, diabetes etc and sick/bedridden residents
Standard XVII: Livelihood Training
1.
Residents should be admitted to livelihood training within two months after admission to shelter/home.
2.
In collaboration with reputed technical training institutes (Mahila Pranganam, SETWIN, ITI, Community
Polytechnic) viable, sustainable and job oriented trades should be taught to the residents. The residents
must be allowed to appear for certificate exams or diploma by government or reputed certified agencies such
Intermediate Board, State Board for Technical Education for better employability.
3.
It should be ensured that all livelihood training should lead to job placement after the stay in the home.
4.
Corporate tie up should be explored for developing livelihood training which increases the employability of
the resident.
Standard XVIII: Livelihood Option/Economic Empowerment
Economic Rehabilitation Plan for each resident should be developed. Formation of SHG must be encouraged to
access micro-credit finance, start placement services for open employment, support for starting small businesses
etc.
Standard XIX: Legal Aid/ Assistance
1.
The home should have a part time professional legal advisor (reputed advocate) who could provide legal aid/
assistance to the residents.
2.
Tie up should be made with enforcement agencies to recover all properties of the victim from the place of
exploitation.
3.
The residents should be provided all assistance if she is a witness in a case and if need be additional
protection as a part of victim witness protection. Care must be taken to take complete consent of the resident
for her to become a witness.
4.
The legal advisor should provide the residents preparation for trial (through mock trail or any other role play/
discussion method). Legal assistance shall be provided unconditionally, that is it shall not be conditional
upon the victim/survivor’s willingness to serve as a witness. Use existing legal aid/assistance structures
fully, and in case of non-availability of Govt. legal aid cell, services of an advocate may be used.
Standard XX: Civic Benefits
1.
A requisition on behalf of the resident in the prescribed format should be submitted to the District Collector
through the Project Director, Women Development Child Welfare for allocation of housing, ration card,
voters ID and other civic benefits entitled as rehabilitation package for the resident. Care should be taken
that these benefits reach the resident within a stipulated period of 6 months after being rescued. It should
be further ensured that these benefits do not stigmatize the resident but instead mainstream the benefits
with the family/community. It should also provide benefits for the second generation taking care to see that
it reaches the male child also.
Standard XXI: Restoration and Repatriation
1.
Any formalities for the restoration/repatriation process should begin only after getting the informed consent
of the resident.
2.
Restoration/repatriation plan for a resident should be undertaken only after a complete home investigation
(format enclosed) is done. The home investigation should include an assessment of the family (are they
involved in trafficking), family and community’s willingness to accept the girl and the family’s environment.
3.
Before a resident is restored/repatriated a detailed discussion should be held with the resident and the
restoration team on what explanation should be given to the family on her absence from her village/slum/
community. The resident’s version should be adopted as the final version.
4.
Proper record and documentation (photos, undertaking from parent/guardian) should be maintained for all
restoration undertaken.
5.
No rescued victim shall be sent back to the family without adequate assessment and without ensuring social
acceptance and family support. State will ensure that repatriation is carried out depending on how safe and
nurturing the family environment is for the victim. If and when the victim chooses to return to an abusive
family situation, the state would need to intervene and repatriate the victim to an institution which can
protect and care for the individual. Repatriation will be done after the stay in a shelter.
6.
States shall work out the details of the repatriation procedures and structure and mainstream them in order
to facilitate the smooth and efficient repatriation of the victims and their dependent minors.
7.
The members of the professional and (preferably) voluntary sector organizations who have had some helping
interaction with the victim shall be represented in the process of repatriation.
8.
No rescued victim shall be sent back to the family without fully ensuring that the victim shall not be retrafficked.
9.
The victim being repatriated should be counseled and prepared to return to the country of origin after
providing her with adequate medical and psycho-social care as well as after empowering her through basic
life- skills so that she can be reintegrated in main steam life.
10. Adequate financial assistance should be provided for meeting the needs of rescued victims during travel
while repatriating them to their families or institutions in source areas
11. Adequate provision for dearness allowance for police escort or any other authorized escort during such
travel should be made by the government.
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12. It should be ensured that the legal formalities should be completed for the residents before being restored
or repatriated.
Standard XXII: Follow Up
1.
For the first six months after the restoration is done monthly follow up should be done. Thereafter the follow
up could be done once a quarter for the next one year.
Follow up program should ensure the following:
2.
•
Protection against re-trafficking and against commercial sexual exploitation.
•
Protection against Stigma and Discrimination.
•
Protection against any other exploitation.
•
Optional link with a variety of professional support systems.
•
Confidentiality
•
Reorientation.
•
Restoration/ensuring/exercising of full citizen ship rights.
•
Livelihood option.
•
Mental health
•
Restoration/ ensuring/exercising of rights over parental, ancestral and community property and
entitlements.
•
Survivor friendly.
Monthly follow-up should be provided for the first six-months and thereafter whenever required, to ensure
that the victim receives adequate support and does not get re-trafficked. Adequate follow-up of the victim
supervised by the Child Welfare Committee or any other competent authority dealing with women / children
along with the close cooperation of other recognized organizations should be mandatory for a period of three
years after the victim has been repatriated
XXIII: Social Reintegration
1)
Those residents whose families do not accept them and for those whose families are not conducive space
for restoration (for example parent’s involved in trafficking) special efforts should be made to support the
resident to stand on their feet and slowly in a phased manner supported to live in the society independently.
2)
It should be ensured that no rescued victim is sent back to the family without ensuring social acceptance and
family support to the victim in order to prevent re-trafficking and further commercial sexual exploitation.
3)
Collaborations with appropriate government or non- governmental organizations should be made to provide
employment services/entrepreneurship development training, which will include skills, knowledge, and
resources, marketing skills and micro-credit at the district where the resident is reintegrated. 4)
The Home shall conduct outreach / support activities, or shall oversee the delegation of those activities to
other organizations or individuals in accordance with the Reintegration Plan. Outreach / support activities
shall be conducted only with the consent of the victims.
5)
In trafficking cases where the entry of the victim in the Rescue Home is very late (e.g. the Home is meant
for residents/ victims up to the age of 18 and the victim enters at the age of 17) there is a need to extend the
protective cover of residential services for a longer period. Some protective cover for the rescued person
shall continue even after reintegration through Drop-in Centers, and After-Care Homes.
Standard XXIV: Accountability
1.
All homes run for the purposes of trafficked victims should be directly accountable to the Department of
Women Development Child Welfare. The minimum standards prescribed should be adopted irrespective
of whether it is government funded or private funded. All homes should have certification of implementing
standards.
Standard XXV: Monitoring
1)
The convener of the Anti Trafficking District Co-ordination Committee (Assisted by the Empowered Committee
including NGO, Government & Civil Society) who is also the Project Director, Women Development Children
Welfare with the support of other members should monitor the homes every two months. he monitoring
and review report should be submitted to the Secretary, Women Development Child Welfare through the
Director, Women Development Child Welfare.
2)
Within the home there should be staff meeting fortnightly to implement the minimum standards. There
should also be monthly meetings with the residents to review minimum standards.
3)
Feedback on the minimum standards should be used to improve on the management of the home. Once in
a month management meeting on the improvement of the standards.
4)
Monitoring should be participatory (Survivors, NGO and Govt. Officials) with the aim to strengthen the
standards.
5)
Half yearly self audits and external social audit should be done annually apart from ensuring total transparency
in matters relating to receipt of funds, expenditure.
// Forwarded :: by Order //
SECTION OFFICER
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