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Responding to Human trafficking. nairpm@hotmail.com. As we proceed. Challenges Common doubts. Myths, mind-sets Aberrations, violations Good practices And a roadmap… moving ahead. taxonomy. Trafficking for - Commercial sexual exploitation Exploitative labour

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Responding to Human trafficking


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    1. Responding toHuman trafficking nairpm@hotmail.com

    2. As we proceed • Challenges • Common doubts. • Myths, mind-sets • Aberrations, violations • Good practices • And a roadmap… moving ahead

    3. taxonomy • Trafficking for - • Commercial sexual exploitation • Exploitative labour • Other types of exploitation • Article 23 prohibits trafficking for any exploitation 3

    4. Labour trafficking • Organized sector-industries, factories • Unorganized sector- construction work • Entertainment industry- circus, camel racing • Domestic labour • Others- begging

    5. Trafficking for other types of exploitation • Organ trade • Pornography • Trafficking under the façade of marriage • Etc…

    6. Trafficking for commercial sexual exploitation 6

    7. A GIRL CHILD TRAFFICKED INTO COMMERCIAL SEXUAL EXPTN Let us listen to her……

    8. 1. DISPLACED ( ABDUCTED? ) 2. CRIMINALLY CONFINED 3. CRIMINALLY RESTRAINED FROM THOUGHT / ACTION 4. PHYSICALLY & MENTALLY TORTURED / INJURED 5. SOLD 6. PURCHASED 7. MODESTY OUTRAGED 8. RAPED REPEATEDLY 9

    9. 9. VICTIM OF SEXUAL PERVERSIONS 10. SERVITUDE & DEBT BONDAGE 11. PRIVACY DENIED 12. ACCESS TO JUSTICE DENIED - NO REDRESSAL 13. CRIMINAL CONSPIRACY 14. MULTIPLE ABUSE & ABUSERS * ORGANIZED CRIME* *BASKET OF CRIMES* 10

    10. THE HR VIOLATION OF THOSE TRAFFICKED ACROSS THE BORDERS 1.DEPRIVATION OF RIGHT TO LIFE (SLAVE LIKE CONDITIONS) 2. DEPRIVATION OF RIGHT TO SECURITY (PHYSICAL & ECON) 3. DEPRIVATION OF RIGHT TO PRIVACY (BONDED LAB) 11

    11. Contd…. 4. DENIAL OF ACCESS TO HEALTH SERVICES 5. DENIAL OF RIGHT TO SELF DETERMINATION (RESOLD) 6. DENIAL OF RIGHT TO RETURN TO OWN COMMUNITY - “STATELESS” 7. DENIAL OF RIGHT TO REPRESENTATION (STATELESSNESS) 8. DENIAL OF RIGHT TO BE HEARD BEFORE DECISION MAKING

    12. trafficking vs prostitution • process vs purpose • prostitution per se… • multiple offences in HT • uneven understanding • trafficking is not prostitution 13

    13. WHAT CONSTITUTES TRAFFICKING • DISPLACED FROM COMMUNITY • TRANSPORTATION • COERCION / DECEIT • EXPLOITATION of vulnerability • COMMERCIALIZATION • SERVITUDE • VIOLATION OF HUMAN RIGHTS • ORGANISED CRIME • BASKET OF CRIMES

    14. the response systems

    15. ACTION RESEARCH on TRAFFICKING IN WOMEN & CHILDREN by the NATIONAL HUMAN RIGHTS COMMISSION and UNIFEM, INSTITUTE OF SOCIAL SCIENCES 16

    16. Trafficking in Women and Children in India • Published by Orient Longman • 2005

    17. DATA COLLECTED THRU INTERVIEWS:2006 • SURVIVORS 561 • VICTIMS OF CSE929 • CHILD LABOURER510 • BROTHEL OWNER412 • TRAFFICKER160 • POLICE OFFICIAL852 • CLIENTELE 582 18

    18. VOL II: 154 CASE STUDIES: IN 5 SECTIONS • TRENDS • EXPLOITATIONS • VULNERABILITIES • RESPONSES - PROACTIVE • RESPONSES - REACTIVE 19

    19. FINDINGS in BRIEF • 70% trafficked victims are from SOCIALLY DEPRIVED SECTIONS • 58% WERE “ARRESTED” EARLIER • mostly RELEASED by the BROTHEL OWNER • 67% brothel owners were erstwhile VICTIMS of trafficking- VICIOUS CYCLE ? 20

    20. 62% REACHED BROTHEL BEFORE 18 yrs and 23% before 16 yrs • 32% had serious health isues • 85% in a Rescue Home in Hyderabad are HIV + • EXTREME EXPLOITN OF GIRL CHILD • A girl child of 16 says, “ I had 13 “CUSTOMERS” last night !!

    21. First sexual experience • for 74% at less than 18 years of age • for 46% at <16 • alarming level of incest and child abuse !! • VULNERABILITY at one’s own home front? 22

    22. TRAFFICKERS capitalize onVULNERABILITY • SUPPLY is dictated byDEMAND+ PROFIT+ANONYMITY+POOR LAW ENFT • MOSTLY LURED-44% WITH JOBS, 30% WITH MARRIAGE PROSPECTS • Vulnerability factors… 23

    23. ARREST OF PERSONS UNDER ITPA 24

    24. WHO ARE THESE 93% CONVICTS ! • HOW CONVICTED & HOW FINE IS PAID • CHANGING INDICATORS IN many places. 25

    25. 72% interviewed victims stated that they had been convicted earlier on charge of “soliciting” • Does it mean- • victimization of victims? • human rights violation? • exacerbate the vulnerability?

    26. Who are the “customers”? • 73 % were living with spouses • 32% never used condoms • High demand for young children, both boys and girls • Are they “customers” or offenders?

    27. Why demand for young persons? • 34% said “due to fear of AIDS” • 53% said “because children were submissive” • Exploitation of vulnerability

    28. Sex tourism • High level of demand- both international and national clients • Destinations-not only international tourist destinations, but also local • In the name of business promotion • In the façade of “massage parlour” etc • The extent and depth of the problem stands exposed by Freddy Peats case and other crimes.

    29. DECREASING -> AGE OF VICTIMS • INCREASING -> DEMAND • INCREASING -> LEVEL OF EXPLOITATION • TRAFFICKING >>> HIV/ AIDS • HIV/ AIDS >>>TRAFFICKING

    30. MISSING PERSONS vs. TRAFFICKING • CASE STUDIES OF DELHI, MUMBAI, CHENNAI • LINKAGES OF TRAFFICKED VS. MISSING PERSONS • NATIONAL DATA OF MISSING PERSONS • UNIQUENESS OF DATA 31

    31. 5452 11008 32

    32. 3289 5833 33

    33. More issues in LAW ENFORCEMENT PUBLICITY OF RESCUED GIRLS AND WOMEN • VIOLATION OF S.228A IPC ? • VIOLATION OF S.21 OF JJA ? • How do we ensure accountability? 34

    34. Police response during interview: • 60% crimes not reported • only 6.6% had any training on trafficking/related issues • nil/ low priority issue • Problems of post- rescue care • Lack of integration with other govt. depts( rehab/post-care etc). • Lack of network with NGOs 35

    35. Interviewed Police officials stated: • Traffickers are seldom arrested • Clients are seldom arrested • at best brothel keepers are booked • easily bailed out, mostly by the group of exploiters themselves • Age determination- med.exam- a major challenge • Lack ofprotocols, directives / supervision 36

    36. Human trafficking: • Developmental issue • Public health issue • HR issue • Public order issue • Governance issue • Anti human trafficking is everybody’s business. • Are we part of the solution or part of the problem

    37. HOLLISTIC and INTEGRATED functioning is essential PREVENTION P-P-P MODEL PROTECTION PROSECUTION 38

    38. prosecution

    39. Registering FIR • WHERE to register FIR • Do we take up cases at the source area • WHO will be the complainant? Is it has to be the victim • Can NGO be complainant • If the victim doesnot speak to the details in FIR, what to do • Associating prosecutors ?

    40. Investigating into the offenders • WHO ARE THEY ?? • SPOTTER,RECRUITER, • SELLER, PURCHASER, • TRANSPORTER, • ABUSER, EXPLOITER, • FINANCIER, • CUSTODIAN, KEEPER, • PIMP,CONTRACTOR, • OTHER CONSPIRATORS…

    41. Investigating Organized Crimes • How to go about • p.o.a. and check list • Organized crime approach • Intelligence sharing – • crime to crime, From witness, victim, accused • source <-> transit <-> destination • Timely sharing – use AHTU, Nodal officers • Evidence transfer • Database and data management on suspects • Network of police and NGOs

    42. Presenting the case to the COURT • Do we prepare Crime map- Do present the trafficking map • How to present evidence of child victim- natural or doctored? • Case study- KCJ case • Electronic presentation

    43. When is investigation complete • Provisions of 173 (8) CrPC • Till the case reaches its logical conclusion • When is that conclusion • Mumbai Case study of 10 MISSING GIRLS.ppt

    44. Post conviction steps • Enhanced punishment • Closing down places of exploitation • After conviction & during investigation too • Who can do it- how to do- impact…. • Surveillance • Externment • Dossier- ITPA and related IPC and other offences

    45. EXTERNMENT & SURVELLANCE • ANOTHER POWERFUL TOOL IN LAW ENFT • DM/SDM HAS POWER TO EXTERN/REMOVAL OF PROSTITUTE FROM ANY PLACE (20) • IF A PERSON CONVICTED EARLIER UNDER ITPA OR CONCERNED SEC OF IPC IS CONVICTED AGAIN IN ANY OF THESE LAWS, HE CAN BE KEPT UNDER SURVEILLANCE UPTO 5 YEARS- s.11(1)(b)

    46. Illegal assets of the offenders • Do we take time to locate the assets • The dynamics of illegal acquisition- BRP case study • ROLE OF ASSET CONFISCATION in law enforcement- dealing with organized crime- Italian example • Can the law help • 105C to 105 J CrPC ? • Criminal Law Amendt Ordnance 1944 ? • Other special laws

    47. Intelligence gathering & dissemination • Int from interview of victims etc • Int from interrogation of suspects • Source, transit, demand areas • Data base • Sharing • Organized crime perspective

    48. protection

    49. Rescue u/s 15 • No need of warrant / permission • SPO can do • Can authorize any SI and above- in writing/orally • Enter in GD and proceed • Do conduct investigation- • Rescue victims, arrest offenders, search, seize, record statements etc