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TRAFFICKING OF WOMEN AND CHILDREN FOR

COMMERCIAL SEXUAL EXPLOITATION

BY:-DEBABRAT RATHMEMBER,SURAKSHA BHARAT.

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Introduction• Trafficking is a organized crime which violates all

tenets of human dignity and rights.

• Trafficking can occur for various purposes--labour, commercial sexual exploitation, organ trade etc.

• Trafficking is a centre and State subject

• Poverty, illiteracy, lack of livelihood options, natural/man made disasters makes a person vulnerable to trafficking.

• India faces both In-country and Cross Border trafficking.

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Introduction• Estimate place number of sex workers in

country at 3 million of which 40 percent are children.

• 90% or more estimated as in-country and 5 to 10% to cross-border trafficking, reported mainly from Bangladesh and Nepal.

• Also, there are reports that people from India are being trafficked to Middle Eastern countries for domestic help, manual labour, child marriages etc.

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Constitutional Provisions on Trafficking

Trafficking in Human Beings or Persons is prohibited under the Constitution of India. The specific provisions relates to Article 23 (1) of the Constitution which is as follows:- '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'.

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International Legal Instruments

Convention on the Rights of the Child (CRC) and its Optional Protocols (Sale of Children, Child Prostitution and Child Pornography) [Ratified]

Convention on Elimination of all forms of Discrimination against Women (CEDAW) [Ratified]

UN Convention Against Transnational Organized Crime [Signed]

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Esplly. Women and Children supplementing above Convention [Signed]

• Millennium Development Goals (MDGs).

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SAARC

• SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution [Ratified].

• SAARC Convention on Regional Arrangements for Promotion of Child Welfare in South Asia [Ratified].

• SAARC Charter where trafficking issues to be addressed at regional level

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National Legal Framework

• Immoral Traffic Prevention Act, 1956 (being amended)

• Indian Penal Code (select provisions)

• Juvenile Justice ( Care and Protection of Children) Act 2000

• Child Marriage Prohibition Act 2006

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National Policies and Plans• National Child Labour Policy, 1987

• National Policy for the Empowerment of Women, 2001

• National Plan of Action to combat trafficking and commercial sexual exploitation of women and children (1998)

• National Plan of Action for Children, 2004

• Integrated National Plan of Action to Prevent and Combat Trafficking of Human Beings, with Special focus on Women and Children (being formulated)—will look at trafficking for all purposes

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COMMISSIONS

• National Commission for Human Rights.

• National Commission for Women.

• Nation Commission for Protection of Child Rights.

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A Multi Pronged Approach to tackle Trafficking

• Legislative Measures

• Enforcement

• Programmes and Schemes

• Training and Capacity Building

• Awareness generation and empowerment of vulnerable groups.

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AMENDMENTS TO IMMORAL TRAFFIC PREVENTION ACT, 1956

To protect the victim:-

•New section where Trafficking is defined

• Age of child raised from sixteen years to eighteen year.

•Deletion of Sections which re-victimized the victims.

•In-Camera proceedings in court cases to safeguard privacy of victims.

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AMENDMENTS TO IMMORAL TRAFFIC PREVENTION ACT, 1956

• New Section 5B which provides punishment for trafficking in persons

•Enhancement of punishment to traffickers, brothel keepers, pimps etc.

•If the trafficked victim is a child the punishment can extend to life.

•New section for punishment for a persons who visits brothel for sexual exploitation.

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AMENDMENTS TO IMMORAL TRAFFIC PREVENTION ACT, 1956

Institutional Mechanism:-

• Setting up of a Central Nodal Authority in the centre and State nodal authorities in the States for preventing and combating offence of trafficking.

• Its Functions include :

• Coordination

• Investigation

• Rescue and rehabilitation

• Judicial support

• Cooperation and research training

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Need for demand reduction

• Justification for new Section 5C which provides Punishment for Visiting Brothel and thus reduces demand .

• ITPA is an Act against Trafficking which is an organized crime.

• Growing demand for children even as young as 2 years old

• Poverty and social compulsions t push women and girls to prostitution

• In spite of NACO promoting condom use in brothels, clients infected by HIV/and pass it to their partners.

• Countries like Sweden, USA, UK ,Indonesia have provisions for demand to be penalized

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CENTRAL ADVISORY COMMITTEE

• High-level Central Advisory Committee to Combat Trafficking for Commercial Sexual Exploitation

• The members include relevant Ministries/Departments, State Governments, Law Enforcement Agencies, International Organizations and reputed NGOs.

• Meets regularly to deliberate on various aspects on trafficking and advises the Government

• Recent initiatives include Blue Print for Action in the area of Inter-State Rescue, Prevention, Rehabilitation, Health, Legislation and Management Information System

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UJJAWALA (RADIANCE OF LIGHT)

A Comprehensive Scheme for Prevention of Trafficking and Rescue, Rehabilitation and Re-integration of Victims of Trafficking for Commercial Sexual Exploitation launched on 4 December, 2007 – ujjawala (access at www.wcd.nic.in).

To be implemented by NGOs.

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UJJAWALA (RADIANCE OF LIGHT)

The scheme comprises of five components:

i. Prevention—formation of community vigilance groups/adolescents groups, awareness and sensitization of important functionaries like police, community leaders and preparation of IEC material, holding workshops, etc.  

ii. Rescue—safe withdrawal of the victim from the place of exploitation.

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UJJAWALA (RADIANCE)

iii. Rehabilitation—safe shelter for victims with basic amenities, counseling, medical care, legal aid, vocational training and income generation activities etc.

iv. Half-Way Homes—for phased re-integration.

v. Reintegration—restoring victim into the family/community

vi. Repatriation—provide support to cross-border victims for their safe repatriation to their country of origin.

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TRAINING AND CAPACITY BUILDING

• Training of various stakeholders such as NGOs, Judiciary, Police, Social Workers, Counsellors, Medical Officers, international delegations, SAARC etc.

• Preparation of Specialized Manuals for different groups

• A Protocol for Pre-rescue, Rescue and Post-rescue operations of child victims of trafficking for the purpose of Commercial Sexual Exploitation

• Communication Strategy for Prevention of Trafficking.

• Research studies and surveys.

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Integrated National Plan of Action

• A holistic Plan of Action for Prevention and Combating Trafficking in Human Beings with Special Focus on Women and Children (being finalized).

• Address all forms of trafficking (sexual exploitation, child labour, bonded labour, organ trade etc).

• MWCD ,Ministry of Home Affairs, Ministry of Labour, National Commission for Women and National Human Rights Commission are collaborating in this effort.

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CROSS-BORDER TRAFFICKING

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SAARCRegional Task Force meetings held in July,

2007 and June 2008 .

Major Action Points: - Uniform Standard Operation Procedures

developed. Sharing of Best Practices. Training and Capacity Building of

Stakeholders. Common help line

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Repatriation of Cross Border Victims(Indo-Bangladesh)

To prepare a Road Map for Streamlining Procedures and Processes for safe and quick repatriation of cross border victims between India and Bangladesh. Facilitated by UNICEF.

Within India, joint efforts of MWCD, MHA, MEA and States of West Bengal and Maharastra, NGOs and Bangladesh Counterparts.

Initiatives undertaken to develop a Victim-Friendly Road Map and Plan of Action.

Two rounds of consulations with representatives from both countries.

Positive response from all representatives.

A draft Joint Plan of Action and road map has been prepared for further fine tuning.

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Integrated National Plan of Action

• A holistic Plan of Action for Prevention and Combating Trafficking in Human Beings with Special Focus on Women and Children (being finalized).

• Address all forms of trafficking (sexual exploitation, child labour, bonded labour, organ trade etc).

• MWCD ,Ministry of Home Affairs, Ministry of Labour, National Commission for Women and National Human Rights Commission are collaborating in this effort.

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Public private partnerships

• A think tank on public private partnerships to prevent trafficking set up in MWCD

• Core group on apparel industry set up; tourism industry to follow suit

• projects for economic empowerment being undertaken for vulnerable groups and victims of trafficking

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OTHER INITIATIVES

An Integrated Child Protection Scheme: -

• Provides for improved institutional care, quality non-institutional and alternative care, counselling and family support, training and capacity building, child tracking system and website for missing children.

• Will focus on street children, trafficked children, children in need of care and protection, children in conflict with law, HIV/AIDS affected children, adoption and foster care issues and any other.

• Toll free Children’s helpline-1098; women’s Helpline-1091

• Missing Children website being developed

• Swadhar Shelter Homes and Short Stay Homes

THANK YOU