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ANTI HUMAN TRAFFICKING - LEGAL REMEDIES

ANTI HUMAN TRAFFICKING - LEGAL REMEDIES . TEAM PRESENTATION ON. By S. UMAPATHI., IPS, Inspr. Genl. of Police CID, AP., Hyderabad and AP State Addl. Anti Trafficking Nodal Officer . Email: umapathi_sattaru@yahoo.com Cell: 9440700900; 040-23233027. 1. in collaboration with UNODC.

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ANTI HUMAN TRAFFICKING - LEGAL REMEDIES

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  1. ANTI HUMAN TRAFFICKING - LEGAL REMEDIES TEAM PRESENTATION ON By S. UMAPATHI., IPS, Inspr. Genl. of Police CID, AP., Hyderabad and AP State Addl. Anti Trafficking Nodal Officer. Email: umapathi_sattaru@yahoo.com Cell: 9440700900; 040-23233027 IGP, CID 1

  2. in collaboration with UNODC IGP, CID

  3. Let us synergize - To bring the traffickers to justice We must work together - To prevent W&C from being Trafficked and Rescue the victims (VOCSET) IGP, CID

  4. PROCESS MEANS END Recruiting OR Harboring OR Moving OR Obtaining OR Maintaining A Person By Force OR Fraud OR Coercion For Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade Source: Adapted from the Freedom Network Institute on Human Trafficking THREE ELEMENTS OF TRAFFICKING IGP, CID

  5. ANTI HUMAN TRAFFICKING - LEGAL REMEDIES EXISTING LAW PROPOSED LAW IGP, CID

  6. Existing Law • By using provisions of existing law in first four months of this year we in AP have • Registered 243 cases • Rescued 441 victims (87 minors) • Arrested 604 traffickers • Arrested 113 customers IGP, CID

  7. Violence Debt bondage Force T.I.P Threat Deceit Deprivation of freedom of movement Confiscation of Travel documents Confiscation of identity papers Characteristics of Trafficking IGP, CID

  8. Rescued victim More rescues De-traumatisation / Interview Counselling More Traffickers T.I.P Interrogate Arrest Traffickers 164 Cr.P.C. statement Before court Obtain NBWs Filing addl. Memo of accused in court Breaking Traffickers’ Networks IGP, CID

  9. Making use of IPC provisions • Sec. 366(A) (Procreation of minor girl). • Sec. 372 Selling minor for prostitution. • Sec. 373 Baying minor for prostitution. • Sec. 366 (B) Importation of minor girl from abroad. • Sec. 376 (2) (G) Committing gang rape All offences are non-bailable, triable by sessions court and punishment up to 10 years IGP, CID

  10. Making use of ITP Act • Arresting customer u/s 7 (1) Punishment upto 3 months if victim is a major. Punishment upto 7 years if victim is minor. • Sec. 13 (1): Inspectors of Police have already been designated as Spl. Police Officers in AP and they can take help of SIs, HCs or Police Constables. (G.O.Rt. No. 475 of Home dt: 16.08.1991 of AP. IGP, CID

  11. Making use of ITP Act • Sec. 18: To close the brothel / lodges or hotels indulging in prostitution. • 2 lodges in Guntur have been closed u/s 18(3) of ITP Act on 8.5.07 (result of UNODC training & directions from State Nodel Officer) • 3 brothels closed in Rajahmundry (East Godavari) in Jan.2007. IGP, CID

  12. Making use of Cr.P.C. / IPC Provisions. • Witness/ victim protection system Sec. 195 (A) IPC (threatening or inducing any person to give false evidence) punishment up to 7 years. Threatening means : • Injury to the person. • Reputation. • Loss of property of such witness and such person in whom such witness is interested. • Sec. 437 (3) Cr.P.C. amendment 2005: Directions to the accused not to commit similar offence and not to make any inducement, threat or promise to any witness. • Sec 164 A Cr.P.C. medical examination of victim of rape. IGP, CID

  13. Proposed amendments to Law • To make Sec. 3 (keeping a brothel), Sec. 4 living on earnings of prostitution, Sec. 5 procuring person for prostitution. • Sec. 6 : detaining person in prostitution premises. • Sec. 7 : prostitution in vicinity of public places. To be made non-bailable and triable by Asst. Sessions Judge (in case of a child or minor). • Sec.12 : all Sub-Inspectors of Police of police stations to be made spl. Police officers. • Sec. 21 : protective homes to have rehabilitation package. IGP, CID

  14. Amendment to concurrent list • Inclusion of Anti Human Trafficking in the concurrent list i.e. list III of 7th Schedule of Constitution. • Various directions / letters of Govt. of India or advisory as on date and not mandatory. • Preventive detention is already in the concurrent list. • Trafficking being organized crime third biggest in the world deserves to be in the concurrent list. IGP, CID

  15. Sri Lankan Penal Code Amendments-2005 • Sri Lanka defined trafficking in Penal Code. • They made punishments for persons providing services by computer to prevent sexual abuse of a child. • Internet café owner should preclude child pornographic sites. • Duty of people to inform authorities about use of premises for child abuse. • Debt bondage, serfdom, forced or compulsory labour, slavery are included in Penal Code. • We may think of such amendments. IGP, CID

  16. Amendment to PMLA-2002 • Prevention of Money Laundering Act -2002- Schedule of offences under ITP Act 1956do not contain Sec. 3,4 & 7 • Minimum criminal proceeds quantum to be reduced from Rs. 30 lacs to Rs. 10 Lacs. • Govt. of India make take it up with the concerned. So that, assets (criminal proceeds – tainted property) can be attached by the enforcement directorate. IGP, CID

  17. Amendment to PMLA-2002- contd… • Those who cheat gullible /innocent / option less women to go to Gulf etc are not punished under PMLA for want of inclusion of Sections: • 420 (cheating), • 468 (forgery for purpose of cheating), • 471 (using a forged document as guanine), • 472 (making a counterfeit seal) IPC in the schedule of PMLA. IGP, CID

  18. T.I.P Violence Loss of free will Exploitation Three key characteristics of trafficking IGP, CID

  19. Illiteracy/ Option less Poverty/ Vulnerability T.I.P Indifference by Police, Society, PRIs The Enemy (Commodification) IGP, CID

  20. T.I.P Supply Demand Distribution The Problem IGP, CID

  21. T.I.P. Prevention Protection Prosecution The Strategy (three P’s) IGP, CID

  22. Rehabilitation Rescue T.I.P Reintegration The Strategy (Three R’s) IGP, CID

  23. T.I.P. Transit Source Destination Strategy for stake holders intervention IGP, CID

  24. Basic concepts • Victim is treated as a VOCSET (Victim of Commercial Sexual Exploitation & Trafficking). • Trafficking is a continuing offence. • If a victim is rescued at the age of 20 years and in her statement if she mentions that she was trafficked when she was 17 + all IPC sections like 166 (A), 172, 173 IPC. • IPC sections enable the I.O to lay charge sheet quickly and obtain trial dates, finish the trial quickly. • Victim/ witnesses need protection and support. IGP, CID

  25. Non financial issues: • Giving rewards/ medals to the officers, NGOs doing sustained Anti Human Trafficking work during Independence Day / Republic Day / Anti Human Trafficking Day. • Visual and print media of Govt to include Anti Human Trafficking issues regularly – Dos and Don’ts. • Panchayat Raj institutions should be empowered by local GOs to tackle AHT work – preventive role. IGP, CID

  26. ITP Act cases for the first quarter of the year 2007 (Jan to march 2007) with corresponding period of previous year (impact of UNODC interface in proactive policing in anti human trafficking) IGP, CID

  27. WE ARE PROGRESSING From Talkers to Doers Doers to Performers Performers to Achievers Achievers to Trend Setters Trend setters to Reformers IGP, CID

  28. We, in AP Police.. • Planned purposefully • Prepared prayerfully • Proceeded positively • Pursuing persistently IGP, CID

  29. Let us be a synergic team.. • To come together is a beginning • To stay together is progress • To finish together is success. IGP, CID

  30. THANKS FOR YOU KIND ATTENTION IGP, CID

  31. Thank You for your kind attention IGP, CID

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