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Combating Trafficking. By. a presentation. Dr. K.P. Singh, IPS DGP (Crime), Haryana. 20 January , 2015. Panipat. Human Trafficking is as prevalent , present & real as Earth, water and air. REASONS BEHIND HT. Prostitution Religious Traditions

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  1. Combating Trafficking By a presentation Dr. K.P. Singh, IPS DGP (Crime), Haryana 20 January , 2015 Panipat

  2. Human Trafficking is as prevalent , present & real as Earth, water and air

  3. REASONS BEHIND HT • Prostitution • Religious Traditions • Labor Exploitation • Organ Trading • Begging , Entertainment • Adoption • Marriages • Pornography • Enmity

  4. Human Trafficking is a reality • ekuorLdjh ,d gdhdrgS • 2nd largest criminal industry after drug trafficking. • 2.70 crore people are victims of HT world wide. • 95 % experience physical or sexual violence • 40 lac prostitutes in India • 40 % of them are minor • 80 % victims of HT are women & girls

  5. ekuorLdjhdsfo:} tax fu.kkZ;dlkfcrughagqbZgSA Combating Trafficking has been a non-priority , neglected and unimportant area for the police, the people and the society

  6. euq"; xqyke ugha cuuk pkgrk] ij] xqykeh ilUn djrk gSA Man does not want to become slave but likes slavery and servitude

  7. HUMAN TARFFICKING ekuorLdjh dh ifjHkk"kk Traffic in human being means selling and buying men and women like goods. 'kjhjvkSj Je ds 'kks"k.kdsfy, xktj&ewyh dh rjg euq";ksa dh [kjhn&Qjks[r djukghekuorLdjhgSA Raj Bahadur Vs. Legal Remembrance • AIR 1953 Cal. 522

  8. Section 370 IPC - Trafficking of person • ekuo rLdjh dh dkuwuh ifjHkk"kk • (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 practicing fraud, or deception, or • Fifthly- by abuse of power, or • Sixthly- by inducement, including the giving or receiving of payment or benefits, in order to achieve the consent of any person having control over the person • commits the offence of trafficking.

  9. Exploitation of a trafficked person (sec. 370-A IPC) • rLdjhdsf’kdkjyksxksadk 'kks"k.k • 1. Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, 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 shall also be liable to fine. • 2. Minimum of 3 years to 5 years and fine in case of exploitation of an adult trafficked person.

  10. LEGAL TOOLS FOR COMBAT ekuo rLdjh ls tqM+s dkuwu - IPC sections 370,370-A, 363,373 & so many others - PITA 1986- Immoral Trafficking - Juvenile Justice Act 2000 - POCSO, 2012 - Child labour prohibition Act, 1976 - Child Marriage Restraints Act, 1929 - Indecent Representation of women Act 1986 - Bonded Labour Act

  11. ekuo rLdjh ds fo:} vk/kh&v/kwjh tax • Crime under PITA (2013) • Total cases registered – 2579, • AP 489, • Karnataka 340, • Tamilnadu 549, • Maharashtra 280, • Kerala 180, • Haryana 63

  12. ROOTS OF HUMAN TRAFFICKING Human trafficking is economy driven & demand generated . Demand &Supply nexus • Poverty • Illiteracy and Unemployment • Bad governance • Skewed Development • Gender based violence • Demand for the victims • Poor enforcement of laws • Lack of concern and indifference of the society D;ksafd xjhch cktkj ltkrh gS A vkSj vehjh mu cktkjksa dks xqytkj djrh gSA ekuo rLdjh & fMekaM&lIykbZ dk rkuk&ckuk gSA eqQfylh dk jksuk&/kksuk gSA O;oLFkk dh ukQjekuh gSA lekt dh ekSu Lohd`fr gSA dkuwu dh Hkwy&HkqyS;k gSA O;fDr dh tqjZr gSA ihfM+r dh O;Fkk gSA

  13. Dimensions of HT in India HkkjresaekuorLdjhdsvk;ke - Supplier (Gulf Countries) - Transit point (For Nepalis and Bangladeshis) - Receiver (From Nepal and Bangladesh) Indian share in victims of HT world over is 4.7 % Young Boys and Girls are trafficked from economically under develop areas to economically well off states within India.

  14. COMBATTING HUMAN TRAFFICKING ekuo rLdjh ds fo:} tax dk f=dks.k Prevention Protection Prosecution

  15. COMBATING HT FOR PROSTITUTION Three Models Suppression : To wipe out (American Model) Regulation : Accept inevitability of prostitution and direct to prevent and minimize its evil effect (British Model) Abolition : Of all control It recognizes prostitution as a trade/profession and abolish all restriction and control. 15

  16. COMBATING PROSTITUTION: PHILOSOPHICAL CONTOURS 16

  17. ISSUES IN COMBATTING TRAFFICKING 1. Laws are potent, enforcement is weak dkuwuetcwr] fdz;kUo;udetksj] • Police not catching the traffickers • Role ambiguity- moral policing vs law enforcement • Treating victims as offenders • Prosecution & Judiciary not properly sensitized • Not enough mechanism and infrastructure • RohtakApnaGhar incident • 90 % of the rescued victims have no option but to get re-trafficked

  18. 2. SOCIETY’S MIND SET • Not ready to accept victims of human trafficking as equal human beings worth re-integrating with society • Response of stake holders has been unwelcoming generally with few exceptions

  19. Family Response Weep Curse Forget & Hate 19

  20. Police Response Take Make Fake & Forget 20

  21. Societal Response Joke Mock Laugh & Hate 21

  22. Protection Home Manager’s Response Receive Deceive Abuse & Dispose 22

  23. NGO’s Response Discovery Recovery Custody Study Publish & Rubbish 23

  24. Ideal Response Suppress Prevent Educate Regulate Rehabilitate & Re-integrate 24

  25. 3. CHANGE APPROACH TOWARDS COMBATING PROSTITUTION tax dh uhfrcnyuhpkfg, ? fMekaM &lIykbZdkdqpdzrksM+uk • Break demand-supply nexus • Make prostitution per se an offence & customer liable • Attempt in 2006 to amend PITA failed • Do we have the mechanism & infrastructure to rehabilitate and reintegrate 40 lac sex workers ?

  26. 4. BREAKING DEMAND SUPPLY CIRCLE (REDUCING DEMAND) fMekaM dk dqpdz rksM+us dk ldkjkRed lk/ku • Improve male-female sex ratio • Proper enforcement of MTP & PCPNDT Laws • Educating the masses about importance of girl child • Strengthening moral fiber of the society • Sex-ratio(0-6) age group- all India- 919, Haryana- 834, improved by 10 points in last decade

  27. 5. BREAKING DEMAND-SUPPLY NEXUS (REDUCING SUPPLY) lIykbZ dk dqpdz rksM+us ds ldkjkRed lk/ku • Rehabilitation of children of sex workers • Reintegration of rescued sex workers • Post work rehabilitation of sex workers • Rehabilitation and reintegration of active sex workers • Ujjawala scheme of Govt. of India

  28. Combating HT for Labour Exploitation Je 'kks"k.k ds fy, ekuo&rLdjh ds fo:} tax Laws are strict, enforcement is weak Demand in every middle class family & in small time business Mushrooming of placement service agencies How to improve enforcement machinery, Non-priority area Rehabilitation of the victims, lack of infrastructure Public to be awakened for not employing children Disabilities of civil nature for industries employing child labour Enforcement of Right to education laws Definition of child needs revisit Zero tolerance on child labour

  29. COMBATTING TRAFFICKING FOR MARRIAGES • Trafficked for marriage, re-trafficked, re-trafficked and so on • Breaking the nexus of re-trafficking • Strict action against traffickers • Such trafficked women become facilitator • Trafficked women are treated second rate citizen • Protection of civil, personal and social rights of the trafficked brides and their off-springs

  30. TRAFFICKING FOR ORGAN TRADE, BEGGING RECREATION, PORNOGRAPHIC PURPOSES • Laws are strict • Law enforcement agencies need to be educated and geared up • Focus and priority

  31. WHAT IS LACKING? dehdgkagS? • Orientation (n`f"Vdks.k ) • Competency ({kerk ) • Will power (bPNk&’kfDr ) • Public co-operation (tu≶ksx ) • Focus (ladsanz.k ) • Supervision and monitoring (i;Zos{k.k ,oaleh{kk )

  32. lgL=kfCn;ksa dh dqizFkk,a ,d fnu esa lekIr ugha gks ldrhA

  33. Way ahead…… lq>ko NCRB to collect data Anti-Human Trafficking Bureau for quality investigation National Portal on HT where citizen can upload pictures and information about trafficked person Continuous public awareness campaign Create adequate infrastructure for rehabilitation and re-integration of victims of HT as per PITA, JJ Act etc. Central legislation for preventing religious prostitution & begging

  34. Improve Sex Ratio, Research should be encouraged in the Universities Involving civil society,for identification & rehabilitation Enforcement of existing laws to be ensured. Accountability of all law enforcement agencies including Police , Labour deptt, Social Welfare deptt, Health deptt etc. should be fixed for inadequate enforcement of law.

  35. Remember Human life is a gift of our Creator and it should never be for sale. -President Bush ekuo thou fo/kkrkdkojnkugS ] blsercspksAblsfcdusernksA var esa

  36. Remember Human Trafficking is a degradation of our common Humanity - Barrack Obama ekuo&rLdjhekuodsiru dh nkLrkugSA var esa

  37. Remember Civilization can not sustain unless justice is given to every soul. fonzksg dk vadqj vU;k; dh i`"BHkwfe esa gh vadqfjr gksrk gSA var esa

  38. Thanks 39

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