Conclave on the Protection and Securing of Justice for Victims in Cases of Sexual Exploitation

Rationale

Conclave on the Protection andSecuring of Justice for Victimsin Cases of Sexual Exploitation

Cases of sexual exploitation entail a high degree of responsibility towards its victims –requiring utmost sensitivity and diligence in its adjudication to ensure that legal system is enabled to secure justice for the victims with minimal distress. The onus falls heavily on the pillars of the criminal justice system i.e., judiciary, law enforcement and social services, to ensure that the victims' interface with the legal system in the journey to receiving justice, does not re-ignite trauma and place additional strain on them.

The challenges to secure justice in the truest sense for victims of sexual exploitation is amplified with the magnitude of cases already before the judiciary, the increasing number of cases of sexual exploitation being registered every day, lack of manpower and physical infrastructure to cope up with the pressing needs and the changing nature of crimes with technological advancement. The inordinate delays in trial, challenges in securing evidence in a court once victims have been repatriated, processes of identifying perpetrators, lack of access to viable opportunities to sustenance; to live a life of dignity once rescued from sexual exploitation, lack of adequate infrastructure and space to privately secure witness statements, all contribute to hindering delivery of timely and effective justice to the victims.

In all forms of sexual abuse, the victims have already undergone some form of trauma. In case of children, they find it even more difficult to describe the incident especially when there is an involvement of a known person. In sexual exploitation, victims, mostly from poor economic backgrounds, are prey to one of the most heinous forms of violations of humanity where they have no control over their bodies and they're psychologically crushed with their dignity and liberty destroyed by the perpetrators.

Despite significant improvements in recent years, statistics show that human trafficking remains a major problem requiring national attention. The number of human trafficking cases across India has doubled from 2013 to 2016, according to the most recent government data available. Within Maharashtra state, 89% of the human trafficking cases reported involve commercial sexual exploitation.

The 'Conclave on the Protection and Securing of Justice for Victims in Cases of Sexual Exploitation' aims to brings together deliverers of justice in Maharashtra to

deliberate on the sensitivity and prudence required in the systems to ensure that justice is served in its rightful form to victims.

Through this Conclave; the Maharashtra State Commission for Women in collaboration with International Justice Mission aims to create a platform for participants to identify and explore appropriate solutions and strategies to tackle the issue moving forward, including the role of justice deliverers within a broader governmental response.

The Commission will facilitate convergence among judicial officers and public prosecutors of High Court and Sessions Courts, to discuss the implementation and interaction between provisions of law and public policy to ensure sustainable protection of victims of sexual exploitation and effective prosecution of the perpetrators of the crime. The Commission believes it is important to initiate appropriate action and policy level changes to implement the recommendations and outcomes as a result of the Conclave.

To meet the above goals, the Conclave aims to discuss the following topics:

1. Institutionalizing Of Procedural And Infrastructural Victim Friendly Measures

Discussion under this topic would draw on the Supreme Court's mandate in 1Sampurna Behura v. Union of India for the High Courts to continue to play a

proactive role in the welfare of children in the state for the effective implementation of the Juvenile Justice (Care and Protection) Act, 2015 (JJ Act).

It seeks to discuss the establishment of child friendly courts and vulnerable witness courts in each district to enable inquiries under the JJ Act and trials under other statutes such as the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Prohibition of Child Marriage Act, 2006, trials for sexual offences under the Indian Penal Code 1860 (IPC) and other similar laws.

Further, it aims at reviewing methods to conduct proceedings for victims with high degree of sensitivity, care and empathy such as doing away with physical touch in test identification parade, conduct of in-camera hearings, completion of trial in a span of one year, establishing the most holistic method of victim statements without duplication in child welfare committees and police, thus decreasing areas for discrepancies and improvements and other victim friendly procedures.

2. Access to Justice by Poor and Vulnerable Victims

In this session participants will converse on the constitutional mandate to safeguard and sustain free legal aid to the poor and vulnerable on the basis of equal opportunity. It aims to explore the interface between Maharashtra State Legal Services Authority (MSLSA) and the judiciary and prosecution, and opportunities to strengthen justice delivery to the poor and vulnerable victims of sexual exploitation.

It aims to discuss the dissemination of the National Legal Services Authority of India Schemes effectively through the District Legal Services Authority to needy victims. To discuss the need of appointing legal aid lawyers and appointment of support persons to provide adequate representation and aid to the victims.

It seeks to mandate methods that would aid in procuring justice for victims such as, eliciting their testimonies through video-conferencing once they have returned to their home state/country, providing additional support and trainings to public prosecutors in preparation of cases of sexual exploitation.

3. Addressing Issues in Adjudication of Cases of Human Trafficking

A discussion on the effect of the implementation of Section 370 of the Indian Penal Code, on the system of adjudication of trafficking cases. The aim is to address the gaps and lacunae with regard to remand and production of major and minor victims and offenders before the appropriate Magistrate, viz, Child Welfare Committees, Special Courts under Immoral Traffic Prevention Act, 1986 (Special ITPA Courts) and the Sessions Court. It aims to look for solutions to deal with and formally specify the procedure for the use of electronic evidence to meet the changing trends in the crime with advancement of technology. It wishes to explore policy change for buyer arrest in order to bring down incidents of commercial sexual exploitation.

3. Fostering Co-ordinated Government Response to Sexual Exploitation In The State Of Maharashtra

This session aims to discuss the interconnected role of stakeholders including the judiciary, prosecution, police, social services, NGOs and complainant's advocate (if any) and the importance of convergence between stakeholders during each stage of the legal process. To explore the role of the government's initiatives to tackle the issue of sexual exploitation.

MAHARASHTRA STATE COMMISSION FOR WOMENThe Maharashtra State Commission for Women was established on January 25, 1993 under the Maharashtra Act, No. XV of 1993. The Commission is headed by its chairperson, Mrs. Vijaya Rahatkar, and Member Secretary, Dr. Manjusha Molwane, who provides leadership and guidance. Additionally, the Commission consists of six non-official members and Director General of police as ex-officio member. The Government has sanctioned staff strength of thirty nine for the commission.

INTERNATIONAL JUSTICE MISSIONIJM is the world’s largest anti-trafficking organization that helps protect the most vulnerable from violence and oppression irrespective of gender, community, caste, race and ethnicity. IJM India, a section 8 company whose operational aims include women empowerment and working with the government and judiciary to address sex trafficking and bonded labour by prosecuting offenders and rehabilitating victims.

In India, IJM has its presence in 17 states, operating directly as IJM offices or indirectly through partner organizations. Since 2000, IJM India has been assisting the Public Justice System (PJS) to combat human trafficking by assisting law enforcement agencies to implement the Indian Penal Code, 1860 (IPC), Juvenile Justice (Care and Protection of Children) Act, 2000 , Immoral Trafficking (Prevention) Act, 1956 (ITPA), Protection of Children Against Sexual Offences Act, 2012, and Bonded Labour System (Abolition) Act, 1976.

For more details log in to:www.ijmindia.orgorwww.mscw.org.in

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