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
•Other types of exploitation
Article 23 prohibits trafficking for any
exploitation
3
Labour trafficking





Organized sector-industries, factories
Unorganized sector- construction work
Entertainment industry- circus, camel
racing
Domestic labour
Others- begging
Trafficking for other types of
exploitation
Organ trade
 Pornography
 Trafficking under the façade of marriage
 Etc…

Trafficking for
commercial sexual
exploitation
6
A GIRL CHILD TRAFFICKED
INTO
COMMERCIAL SEXUAL EXPTN
Let us listen to her……
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.
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
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
PRIVACY (BONDED LAB)
TO
11
Contd….
4.
5.
6.
7.
8.
DENIAL OF ACCESS TO HEALTH
SERVICES
DENIAL
OF
RIGHT
TO
SELF
DETERMINATION (RESOLD)
DENIAL OF RIGHT TO RETURN TO
OWN COMMUNITY - “STATELESS”
DENIAL
OF
RIGHT
TO
REPRESENTATION (STATELESSNESS)
DENIAL OF RIGHT TO BE HEARD
BEFORE DECISION MAKING
trafficking vs
prostitution
 process vs purpose
 prostitution per se…
 multiple offences in HT
 uneven understanding
 trafficking is not prostitution
13
WHAT CONSTITUTES TRAFFICKING


DISPLACED FROM COMMUNITY
TRANSPORTATION

COERCION / DECEIT

EXPLOITATION of vulnerability

COMMERCIALIZATION

SERVITUDE

VIOLATION OF HUMAN RIGHTS

ORGANISED CRIME

BASKET OF CRIMES
the response systems
ACTION RESEARCH
on
TRAFFICKING IN WOMEN
CHILDREN
&
by the
NATIONAL HUMAN RIGHTS
COMMISSION and
UNIFEM,
INSTITUTE OF SOCIAL SCIENCES
16
Trafficking in Women and
Children in India
-
Published by Orient Longman
- 2005
DATA COLLECTED THRU
INTERVIEWS: 2006

SURVIVORS
561

VICTIMS OF CSE
929

CHILD LABOURER
510

BROTHEL OWNER
412

TRAFFICKER
160

POLICE OFFICIAL
852

CLIENTELE
582
18
VOL II: 154 CASE STUDIES:
IN 5 SECTIONS
 TRENDS
 EXPLOITATIONS
 VULNERABILITIES
 RESPONSES - PROACTIVE
 RESPONSES - REACTIVE
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
 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 !!
 First sexual experience
 for 74% at less than 18 years of age
 for 46% at <16
 alarming level of incest and child
abuse !!
 VULNERABILITY
front?
at one’s own home
22
 TRAFFICKERS
VULNERABILITY
capitalize
on
 SUPPLY is dictated by DEMAND+
PROFIT+ANONYMITY+POOR LAW ENFT
 MOSTLY LURED- 44% WITH JOBS,
30% WITH MARRIAGE PROSPECTS
 Vulnerability factors…
23
ARREST OF PERSONS UNDER ITPA
YEAR
TOTAL
FEMALES
MALES
13225
1574
(89.4%)
(10.6%)
12088
1762
(88%)
(12%)
10263
2560
(80%)
(20%)
ARRESTED
1999
2000
2001
14799
13870
12823
24
C0NVICTION PATTERN IN ITPA CASES
(Source: Crime in India by NCRB, Government of India)
1999
2000
2001
CASES P/T
15423
15815
14000
CONVICTED
8653
9002
7758
ACQUITTED /
636
1614
576
93%
85%
93%
DISCHARGED
% OF CONVICTED TO
TOTAL DISPOSAL

WHO ARE THESE 93% CONVICTS !

HOW CONVICTED & HOW FINE IS PAID

CHANGING INDICATORS IN many places.
25
 72%
interviewed victims stated that
they had been convicted earlier on
charge of “soliciting”
 Does it meanvictimization of victims?
 human rights violation?
 exacerbate the vulnerability?

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?
Why demand for young persons?

34% said “due to fear of AIDS”
53% said “because children were
submissive”
 Exploitation of vulnerability

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.

 DECREASING
-> AGE OF VICTIMS
 INCREASING -> DEMAND
 INCREASING -> LEVEL OF
EXPLOITATION
 TRAFFICKING >>> HIV/ AIDS
 HIV/ AIDS
>>> TRAFFICKING
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
Annual all - India data of missing persons:
Average of 6 years – 1996 to 2001
Category
Persons
Reported
Missing
Women
22480
Children 44476
Not
Returned
5452
11008
% Not
Returned
24.3
24.8
32
Annual data of missing persons in 6 metros
Average of 6 years – 1996 to 2001
Category
Persons
Reported
Missing
Women
7679
Children
15407
Not
Returned
3289
5833
% Not
Returned
42.8
37.9
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
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

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
 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
of the problem
part
HOLLISTIC and INTEGRATED
functioning is essential
PREVENTION
P-P-P MODEL
PROTECTION
PROSECUTION
38
prosecution
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 ?
Investigating into the offenders
WHO ARE THEY ??
 SPOTTER,RECRUITER,
 SELLER, PURCHASER,
 TRANSPORTER,
 ABUSER, EXPLOITER,
 FINANCIER,
 CUSTODIAN, KEEPER,
 PIMP,CONTRACTOR,
 OTHER CONSPIRATORS…

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

Presenting the case to the
COURT
Do we prepare Crime mapDo present the trafficking map
 How to present evidence of child victimnatural or doctored?
 Case study- KCJ case
 Electronic presentation

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

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

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)
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 crimeItalian example
Can the law help
105C to 105 J CrPC ?
Criminal Law Amendt Ordnance 1944 ?
Other special laws
Intelligence gathering & dissemination
Int from interview of victims etc
 Int from interrogation of suspects
 Source, transit, demand areas
 Data base
 Sharing
 Organized crime perspective

protection
Rescue u/s 15
 No need of warrant / permission
 SPO can do
 Can authorize any SI and abovein writing/orally
 Enter in GD and proceed
 Do conduct investigation Rescue victims, arrest offenders,
search, seize, record statements etc
Rescue u/s 16
 ON REPORT FROM POLICE OR
OTHERWISE
ANY BODY CAN REPORT
 BY MM / JMI / DM / SDM
 DIRECT ANY SI OR ABOVE (NEED NOT
BE A NOTIFIED SPO)
 RESCUE OF ANY PERSON WHO IS
MADE TO CARRY ON PROSTITUTION
IN A BROTHEL (S.16)
let us not forget…
 Rescued
persons are human
beings with dignity
 Cannot be kept in the PS like
recovered property
 Therefore …
Dos and donts in rescue
Segregating victim from accused
 Carrying belongings
 Child vs adults
 Interviewing for age, belongings, locating
other victims, accused, documents, ev etc
 Best care and attention from the victims
perspective
 validation

NGOs IN LAW ENFORCEMENT
 IN THE ADVISORY BODY U/S 13(3B)
 SEARCH AND INTERVIEW OF WOMEN RESCUEE
– WOMEN NGO TO BE ASSOCIATED IF WOMAN
POLICE OFFICIAL NOT AVAILABLE [15(6A)]
 DECISION ON REHABILITATION TO BE TAKEN BY
MAGISTRATE IN CONSULTATION WITH A PANEL
OF 5, INCLUDING AT LEAST 3 WOMEN SOCIAL
WELFARE WORKERS [17(5)]
 HOME
VERIFICATION
(CAPABILITY
OF
GUARDIAN ETC.), BEFORE REHABILITATION, IS
TO BE DONE BY THE NGO [17A]
INTERVIEWING TECHNIQUES








Victim perspective
How many times to interview- Peter case
Who all will interview
Where and when to interview
COGNITIVE interviewing
Gender perspective
Legal requirements 15 (6A) ITPA
Child perspective- story of CHOCOLATE
UNCLE.ppt
How to take care of the VICTIMS ?
Zero tolerance to arrest of victims.
 CHAMPARAN CASE.ppt
 Respecting & ensuring victim’s rights
during and post rescue
 Validation of harm, psychosocial redressal
 LISTEN to the victim- in full measure
 How to record detailed statement of victim
 Help of counselors/ women NGOs

The victim perspecitve :
seeing from the best interest of the victim
Knowledge + Skills + Attitudinal orientation
 How best to use the law and court rulings
 Human Rights oriented application of law
 Case study- FARIDA CASE ppt

AGE ASSESSMENT
RELEVANCE
 WHO CAN DO IT
 How to get EXPERT advice
 IF NO EXPERT IS AVAILABLE
 If the expert report is incomplete, contrary
to facts
 COURT RULINGS
 ROLE OF CWC

Victim care during the court trial
Anonymity
 Briefing
 Sakshi Judgement Sept 2004- Do
ensure compliance
 Security of victims/ witnesses
 Legal provisions
 Video conferencing- Praful Desai case
 Thanking the victim- not to be forgotten

VICTIM REHABHow can police help
 Advantages of police initiative/involvement

Proper care of rescued persons
 Prevention of re-trafficking
 Preventing crime- a mandate

Integration with other depts
 Partnership with NGOs
 Networking with Corporates/ employers
 Model from orders of DELHI High Court.ppt

prevention
Action at the
 Demand
area
 Transit area
 Source area
At the demand area:
 Demand reduction
 Stringent prosecution
BRP
case study
 Dealing
with adolescents
Action at the
 transit
areas
 Interventions
Sanauli
experiment of SEWA
 AHTUs
 Intelligence
+ action
Action at the source area
 Addressing
vulnerability
 Involving development depts
 Involving NGOs
 Involving survivors
 Police can be catalyst
Tracing missing persons
Annual all - India data of missing persons:
Average of 6 years – 1996 to 2001
Category
Persons
Not Returned
Reported
% Not
Returned
Missing
Women
22480
5452
Children 44476 11008
24.3
24.8
67
The AHTU model
Started
by UNODC in 2006 in
the UNODC- MHA Project on
AHT, along with State Police,
in 5 states
The rationale
AHTU: Holistic and integrated model
PREVENTION
PROTECTION
PROSECUTION
69
The AHTU model
 The
Process undertaken
Needs Analysis in the field- end user
perspective, local issues relevant
 Partner identification: know your teamcore competence + integrity
 Empowerment, capacity building by
sustained, focused, professional trg
programme

The AHTU model
The Process in setting up AHTU also included:
 Providing
resources- protocol,
handbooks, vehicle, computer,
cells, furniture, contingency funds
 Providing networking
 Sharing good practices and
experience
Non Expendable Items
Expendable Items
Mobiles
Furniture
Vehicles
Landline
Computers
Resource Materials
The AHTU model

The impact of AHTU
 Synergy
by sharing core competence
 Best interest of victim ensured- no
victimization
 Best outputs on rescue, minor’s rescue,
detention of offenders, expeditious
investigation, prosecution and trial, conviction,
stringent punishment, fining offenders, closing
down places of exploitation etc.
The impact of AHTU





contd…
Crime prevention
Qualitative improvement in police
investigations in other crimes
Improved gender rights
Improved child rights.
Enhanced accountability of
responders
The impact of AHTU






contd…
NGO also as ombudsman
Intelligence from anonymous callers
Public trust enhanced
Help seeking & help rendering up
New partners in action- Corporates,
business houses
New initiatives in rehab- sustained
livelihood options, out-of-the-box
other outputs in the UNODC

Project
Printed resource materials, Handbook,
Protocols, SOPs, Posters, Documentary
Film, Training Manual, Model MOU

National Database of trained Resource
persons and consultants.

National network of Govt + NGO
76
MIS model from the CAC of MWCD





Integrated MIS- non availability, urgency
Model developed by me for the CAC of
MWCD
Along with NCRB
States can adopt and make best use of
data monitoring
Excellent tool in ensuring best response
and holistic management of HT
Make the best use of …


These Resource materials, Posters, Film, Hand book
 Network
 Database
 MIS
And invest in the responders
 Train, Empower,Facilitate, Reward
 Best Resource persons, incl willing victims
 Make responders accountable
You can ensure the best in preventing and
combating human trafficking
 Need will and commitment. Resources available

The mantra…
You may be just one person in
the entire world,
But you are the entire world to
that personthe trafficked victim
THANK YOU FOR
YOUR KIND ATTENTION
nairpm @ hotmail.com
Tel: 0-9868115515