IntJuristConfMsManjula

8/3/2019 IntJuristConfMsManjula

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TRAFFICKING FOR WOMEN AND CHILDREN

FORCOMMERCIAL SEXUAL EXPLOITATION

Ministry of Women and Child Development

Government of India


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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, organtrade etc.

Trafficking is a centre and State subject

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

India faces both In-country and Cross Bordertrafficking.


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Introduction Estimate place number of sex workers in

country at 3 million of which 40 percentare children.

90% or more estimated as in-country and5 to 10% to cross-border trafficking,reported mainly from Bangladesh andNepal.

Also, there are reports that people fromIndia are being trafficked to MiddleEastern countries for domestic help,manual labour, child marriages etc.


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Constitutional Provisions on

Trafficking

Trafficking in Human Beings or Persons isprohibited under the Constitution of India. Thespecific provisions relates to Article 23 (1) ofthe Constitution which is as follows:-

'Traffic in human beings and begar and other

similar forms of forced labour are prohibited andany contravention of this provision shall be anoffence punishable in accordance with law'.


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International Legal Instruments

Convention on the Rights of the Child (CRC) and itsOptional Protocols (Sale of Children, Child Prostitutionand Child Pornography) [Ratified]

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

UN Convention Against Transnational Organized Crime[Signed]

Protocol to Prevent, Suppress and Punish Trafficking inPersons, Esplly. Women and Children supplementingabove 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 ChildWelfare in South Asia [Ratified].

SAARC Charter where trafficking issuesto 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 andcommercial sexual exploitation of women and children(1998)

National Plan of Action for Children, 2004

Integrated National Plan of Action to Prevent andCombat Trafficking of Human Beings, with Special focus

on Women and Children (being formulated)will lookat 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 empowermentof 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 toeighteen year.

Deletion of Sections which re-victimized thevictims.

In-Camera proceedings in court cases tosafeguard privacy of victims.


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PREVENTION ACT, 1956

New Section 5B which provides punishment

for trafficking in personsEnhancement of punishment to traffickers,

brothel keepers, pimps etc.

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

New section for punishment for a personswho visits brothel for sexual exploitation.


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PREVENTION ACT, 1956Institutional Mechanism:-

Setting up of a Central Nodal Authority in the centre and Statenodal 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 reducesdemand .

ITPA is an Act against Trafficking which is anorganized crime.

Growing demand for children even as young as 2years 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 totheir 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 areaof Inter-State Rescue, Prevention, Rehabilitation, Health,

Legislation and Management Information System


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UJJAWALA (RADIANCE OF LIGHT)

A Comprehensive Scheme for Prevention ofTrafficking and Rescue, Rehabilitation and

Re-integration of Victims of Trafficking forCommercial Sexual Exploitation launched on4 December, 2007 ujjawala (access atwww.wcd.nic.in).

To be implemented by NGOs.


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UJJAWALA (RADIANCE OF LIGHT)

The scheme comprises of five components:

i. Preventionformation of community

vigilance groups/adolescents groups,awareness and sensitization of importantfunctionaries like police, communityleaders and preparation of IEC material,

holding workshops, etc.

ii. Rescuesafe withdrawal of the victim fromthe place of exploitation.


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UJJAWALA (RADIANCE)iii. Rehabilitationsafe shelter for victims with basic

amenities, counseling, medical care, legal aid,vocational training and income generation

activities etc.

iv. Half-Way Homesfor phased re-integration.

v. Reintegrationrestoring victim into thefamily/community

vi. Repatriationprovide support to cross-bordervictims for their safe repatriation to their country oforigin.


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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 differentgroups

A Protocol for Pre-rescue, Rescue and Post-rescue

operations of child victims of trafficking for thepurpose of Commercial Sexual Exploitation

Communication Strategy for Prevention ofTrafficking.

Research studies and surveys.


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Integrated National Plan of Action

A holistic Plan of Action for Prevention andCombating Trafficking in Human Beingswith 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 ofLabour, National Commission for Womenand National Human Rights Commissionare collaborating in this effort.


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CROSS-BORDER TRAFFICKING


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SAARC

Regional Task Force meetings held in July,2007 and June 2008 .

Major Action Points: -

Uniform Standard Operation Proceduresdeveloped.

Sharing of Best Practices.

Training and Capacity Building ofStakeholders.

Common help line


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Repatriation of Cross Border Victims

(Indo-Bangladesh)

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

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

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

Two rounds of consulations with representatives from bothcountries.

Positive response from all representatives.

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


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Integrated National Plan of Action

A holistic Plan of Action for Prevention andCombating Trafficking in Human Beingswith 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 ofLabour, National Commission for Womenand National Human Rights Commissionare collaborating in this effort.


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Public private partnerships

A think tank on public privatepartnerships to prevent trafficking

set up in MWCD Core group on apparel industry set

up; tourism industry to follow suit

projects for economic empowermentbeing undertaken for vulnerablegroups 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 familysupport, training and capacity building, child trackingsystem and website for missing children.

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

Toll free Childrens helpline-1098; womens Helpline-1091

Missing Children website being developed

Swadhar Shelter Homes and Short Stay Homes


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THANK YOU

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