indiaforchildren-blog

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Sonam Sharma expresses support for ending human-trafficking in India

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Social Activist Harish Iyer talks about the need for a strong legislation for human-trafficking in India

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Human trafficking is a human tragedy. It's an outrage against society. Human trafficking is a scourge, a crime against the whole of humanity. It is time to join forces and work together to free its victims and to eradicate this crime that affects all of us, from individual families to the worldwide community.

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SURVIVORS SPEAK

Rubeena, 22, West Bengal

“None of the accused in my case have been punished….I hope there are no more victims for this inhuman crime”

I was kidnapped and trafficked to Budhwarpeth, Pune, when I was 14 years old. A year later, I was rescued from the red-light area of Pune area, through the efforts of some NGOs,. Though the case against my traffickers was filed immediately, none of the accused has been punished. After I returned home, I have joined a group of survivors in West Bengal to push for positive regulation to ensure justice for all victims. I also work as a trainer to other survivors of trafficking residing in shelter homes, teaching them tailoring. I am hopeful that the new anti-human trafficking law will take my case ahead faster.

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SURVIVORS SPEAK

Ayesha, 24, Maharashtra

“We need a uniform legislation that will help victims like me with rehabilitation opportunities, helping us live more empowered lives. Join me in making a difference.”

I was born and brought up in Mumbai, where my father worked as a tailor and my mother was a housewife. My uncle, who also lived with us, helped us meet our expenses through his job. However, he soon lost his job, and our family went through a huge economic distress as it was difficult to survive on one person’s salary. During this time, I was engaged as a domestic servant in the house of a lady to earn some extra money. Soon after, the lady started calling men to the house and prostituted me for them. Despite my repeated protests, I was coerced to comply to her wishes. With nowhere to go, I succumbed to my circumstances until one day, the Mumbai police raided the house and rescued me. Today, I am hopeful and positive about my future. I have completed a computer course and have undergone beautician training. I wish to become an Air Hostess one day.

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Preventing trafficking

A proposed law addresses an invisible crime

By Krishnadas Rajagopal

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill of 2018 addresses one of the most pervasive yet invisible crimes affecting the most vulnerable persons, especially women and children. There has been no specific law to deal with human trafficking, which is considered the third largest organised crime violating basic human rights.

The Bill addresses, among other things, aggravated trafficking for forced labour, begging, trafficking by administering chemical substances or hormones to a person for the purpose of early sexual maturity, trafficking of a woman or child for the purpose of marriage or under the pretext of marriage or after marriage. The proposed law also punishes promotion or facilitation of human trafficking by, for instance, manufacturing fake certificates.

The Bill ensures confidentiality of victims and witnesses, a time-bound trial, and repatriation of victims. It also provides for simultaneous measures to be taken for the rehabilitation of victims along with the trial. The victims are entitled to interim relief immediately within 30 days to address their physical and mental trauma, and further appropriate relief within 60 days from the date of filing of the charge sheet.

The Bill provides for the creation of a rehabilitation fund to be used for the physical, psychological and social well-being of the victim, including education, skill development, health care and psychological support, legal aid, and safe accommodation. The law demands that special courts be set up to ensure speedy trial.

The Bill creates dedicated institutional mechanisms at the district, State and Central levels. These will be responsible for prevention, protection, investigation and rehabilitation work related to trafficking. The National Investigation Agency will perform the tasks of the Anti-Trafficking Bureau at the national level under the Ministry of Home Affairs.

Punishment under the proposed law ranges from a rigorous minimum of 10 years to life and a fine not less than ₹1 lakh. The Bill also provides for the attachment and forfeiture of property and proceeds for crime. In transnational crimes, the national anti-trafficking bureau would coordinate with authorities in foreign countries and international organisations to facilitate investigation and trial proceedings. This includes coordinating with authorities in other countries.

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New anti-human trafficking law is a step in right direction

By: Amod K Kanth

Amod K. Kanth is former DGP, Chairperson, DCPCR, and General Secretary, Prayas JAC Society

 The voluntary sector of India, the entire NGO community operating through thousands of organizations, who have been working for women and children against human trafficking, has hugely welcomed the initiative taken by the Ministry of Women and Child Development to enact the new anti-human trafficking law. For a heinous crime like trafficking, the statistics indicating its humungous rise is shocking and calls for a comprehensive mechanism. The 2016 NCRB statistics suggest that 8,132 cases of trafficking were reported across the country, with the number of victims rescued being 23,117 (61% of these were children). Forty-five per cent of these victims were trafficked for the purpose of “forced labour”, followed by “sexual exploitation for prostitution” (22%), etc. It is the first instance whereby data from AHTUs (Anti Human Trafficking Units) has been collated to reflect the statistics of trafficking.

This new law takes care of all aspects of human trafficking—prevention, rescue, rehabilitation, including aggravated forms of human trafficking like forced labour, begging, administering chemical substances and hormones for sexual maturity, promoting and facilitating trafficking of a woman or child for the purpose of marriage or under the pretext of marriage or after marriage etc., providing punishment for promoting or facilitating trafficking of person, which includes producing, printing, issuing or distributing unissued, tampered or fake certificates, registration or stickers as proof of compliance with government requirements; or committing fraud for procuring or facilitating the acquisition of clearances and necessary documents from government agencies. The bill also provides for designated courts for time bound trial and repatriation of the victims—within a period of one year from taking into cognizance, which is a highly welcome move. The bill also provides for seizing of property located in foreign lands, which is a good effort at dealing with this crime that has a global character.

A dedicated mechanism is proposed to be created under this law at each district, state and Central levels to implement the bill in its entirety. We are particularly happy as human trafficking, one of the few unique crimes defined and provided for in Constitution of India, is being taken seriously.

But unfortunately, this law, which was essentially provided in the Constitution, was not defined till post the “Nirbhaya” 2013 Criminal Law Amendment Act, by virtue of which, trafficking was defined in Section 370, Indian Penal Code. Despite the creation of a new definition of human trafficking, wherein commercial sex, forced labour, child labour, organ trade, forced marriage, illegal adoption was covered, the law was not provided in its elaborate form, making all provisions required for the same. Civil society organisations had been waiting and lobbying for a comprehensive law.

Now that this bill is approved by the Cabinet, on its way to Parliament for the prevention of human trafficking and rehabilitation of victims, including all aspects of criminal investigation, prosecution, compensation to the victims and their families, we presume and hope that the law will get Parliament’s approval very soon. The bill also provides for an existing agency, with all its manpower and resources, the National Investigation Agency (NIA), under the Ministry of Home Affairs to perform the tasks of an anti-trafficking bureau at the national level, which shall prove more expedient than creating a new body for the same.

After the enactment of Criminal Law Amendment Act 2013, Section 370 defined human trafficking, but these aspects were still uncovered. The entire character of human trafficking issues will change primarily for the reason that so far Immoral Traffic (Prevention) Act 1956, which covered only commercial sex or in the common lingua, the “brothels” or “brothel related issues”—or as they call it “prostitution”, which as an expression is not acceptable to us—the women victims get re-victimised since 70%-80% of cases under the prevailing Immoral Traffic (Prevention) Act happen to be for soliciting, which means that the trafficked victim herself becomes victimised. That situation has been absolutely unacceptable, calling for an urgent need for a comprehensive law, which need is now being fulfilled, also fulfilling our commitment in the Constitution, our commitment to the United Nations through the UN Protocol, which covers all aspects and forms of human trafficking. 

We strongly support that this law should be passed by Parliament. It should really work for the prosecution, investigation and very strong punishment/conviction of organised human traffickers and syndicates, as the crime is perhaps one of the three most lethal crimes possible, the other two being crimes related to drugs and arms as it deals in human beings—in fact, some of the most vulnerable and helpless human beings. 

Various agencies that have a key role to play against human trafficking are related to the labour department, Ministry of Women and Child Development, the police, the judiciary and the voluntary organisations. 

The whole idea of human trafficking as now being defined is the most elaborate form of definition anywhere in the world, because it covers even begging, which is not there right now and other types of crimes that are committed in the name of human trafficking. 

As a police officer and someone who has been implementing the Immoral Traffic (Prevention) Act for a long time, I feel, that law is very inadequate as it talks about prostitution, which is an outdated concept, and secondly our focus needs to shift from commercial sex, as other forms of trafficking particularly forced labour and child labour have grown extensively. 

Another important area that the new law is likely to cover is on the issue of missing children. Nearly 3 lakh children are reported to be missing according to the government, of which 1 lakh are untraceable as mentioned by Maneka Gandhi. A huge number of these children are drawn into the vortex of human trafficking and forced labour. The role of police, labour department, child-lines, voluntary organisations becomes highly important in this. Therefore, the law bringing all these agencies into its ambit is a measure of great success. 

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Humans are not for sale, stop their illicit trade! #IndiaAgainstHumanTrafficking

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New Law Against Human Trafficking to Be Introduced Soon

By: Rinchen Norbu Wangchuk

From The Better India

In a significant development, the Centre is on the cusp of introducing a law against human trafficking, according to the Times of India. The bill, formulated by the Women and Child Development Ministry, has proposed a 10-year jail term for those engaging in “aggravated forms of trafficking” while repeat offenders will suffer life imprisonment. At the moment, the bill is sitting with the Group of Ministers (GoM), which will take a final call on its provisions.

The bill has identified different ways in which trafficking exists—bonded labour, sexual exploitation (for prostitution), the creation of pornographic content, organ removal and begging.

Among the “aggravated forms of trafficking,” the bill lists out the means through which a person is sent into bondage using violence, coercion, intimidation, the promise of payment, deception and inducement. It also states trafficking after the victim is administered with “narcotics, psychotropic substance or alcohol, or for the purpose or under the pretext of marriage”.

“Whoever commits the offence of an aggravated form of trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to life imprisonment and shall be liable to fine that shall not be less than Rs 1 lakh,” the bill proposes.

For traffickers involved in the very act of buying or selling another fellow human being, the bill stipulates that they will be sent to jail for anywhere between 7 and 10 years, besides a fine upwards of Rs 1 lakh. There are also provisions against the use various forms of media to conduct their illegal business. Punishment is 7-10 years in prison and a fine of Rs 1 lakh.

Another significant provision in the bill is the creation of a national anti-trafficking bureau, which will formulate policy, monitor and oversee anti-trafficking operations in coordination with various State agencies and concerned authorities and organisations in other countries to strengthen “operational and long-term intelligence for investigation of trafficking cases”.

Going by the data available with the National Crime Records Bureau, one can witness the sobering reality ahead of authorities. In 2016, the number of human trafficking cases went up by 20%, against the preceding year. There were 8,132 human trafficking cases last year versus 6,877 in 2015.

“Of the 15,379 victims who were caught in trafficking, 10,150 were female and 5,229 males,” the report states. Experts contend the actual numbers are much higher since many go unreported or lack confidence in seeking police help.

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Free children from chains: India and the world need a multi-dimensional strategy to stop human trafficking

By: Kailash Satyarthi

Kailash Satyarthi is a child rights activist and recipient of the Nobel Peace Prize for 2014.

Ideas have legs. So, do human beings. When ideas are chained, we desecrate the very fundamentals of freedom. When human beings are chained, we desecrate the fundamentals of humanity.

One of the monumental milestones for mankind is the abolition of slavery. But while we have won many decisive wars against slavery and bondage, we haven’t succeeded in completely vanquishing this degrading and dehumanising practice. What is ironic is that the world today has the largest number of slaves at any point of time in history, even medieval or colonial.

Let us remind ourselves of some sobering and deeply disturbing facts. More than 21 million people across the world are victims of trafficking. They are de facto 21st century slaves.

While sexual slavery and forced labour remain the major drivers behind trafficking, shocking new trends have emerged. At least 10 nations have reported that trafficking has been related directly with organ harvesting. This is now a $32 billion a year business according to the UN.

But humanitarian agencies reckon that it has surpassed drugs and arms as the largest criminal business in the world with an annual revenue of $150 billion. Women and children constitute 71% of the victims. How can any civilisation allow this atrocity to continue and flourish?

Another alarming trend is that the line between migration, refugee crisis and trafficking is becoming very thin. It has been consistently noticed that the geographical paths and routes of trafficking bear striking resemblance with those of migration. The increasing scale of both natural and man-made disasters, particularly armed conflicts and civil wars, is creating a whole new generation of refugees who are becoming victims of trafficking gangs. Syria is a stark reminder of this trend.

Clearly, law enforcement agencies in developed countries as well as global bodies tasked to check trafficking need much more coordination and cooperation. Moreover, the international community – by incorporating abolition of trafficking and all other forms of modern slavery in a time bound manner in UN Sustainable Development Goals – has agreed this crime has wider negative implications on economic growth and development. Realisation of these goals requires will, resources and action at national and international levels.

India has not been immune to this global scourge. Official data indicates that close to 20,000 women and children were trafficked in India in 2016 but the real numbers could be far higher. More than 1,00,000 children go missing every year. Almost half of them are never traced. Most of the untraced children become victims of human trafficking, slavery, begging and prostitution rackets.

Since most victims of trafficking belong to poor and marginalised families, hardly anyone, including police personnel, paid much attention to these family tragedies. But a historic Supreme Court judgment of 2013 based on a petition by our movement Bachpan Bachao Andolan has directed the state to act promptly and effectively. Yet, trafficking and slavery continue to flourish in India.

And the stories are tragic. We had rescued 13-year-old Malvika (name changed) from Gurgaon. She was trafficked from a village in West Bengal with promises of good wages. Her life was hell after that. In two consecutive homes where she worked as a domestic help, Malvika was treated like a slave with the employers routinely beating her. In both houses, she was raped repeatedly by drivers.

Malvika is lucky that she was rescued and is back with her family. Hundreds of thousands of victims like her have not been as lucky. What can we do in India to stop the barbarity against young girls like Malvika?

For starters, we need a strong law against trafficking. Despite endless debates and repeated pleas by civil society groups, stringent anti-trafficking laws have not been passed by Parliament. Nor have state governments taken meaningful measures to stop this atrocity. It took almost 19 years for India to ratify the ILO conventions that prohibit the worst forms of child labour. Let us not drive hundreds of thousands of innocent children into cruel and miserable lives of slavery by indulging in such unforgivable delays.

We as citizens too need to play a more proactive role by refusing to keep our eyes and ears closed. We must protest and report cases of suspected trafficking victims in our neighbourhoods. That is a moral imperative. Equally important is the need to target the economic roots behind trafficking. It is states like Bihar, West Bengal, Jharkhand, Assam and Odisha that still witness extreme poverty that report the most cases of trafficking.

Apart from vastly improved awareness and law enforcement, what India needs to deal with trafficking and slavery is economic opportunities. When poor families earn enough to feed themselves, they become less vulnerable to criminal gangs. When incomes of poor families improve, their children go to school instead of seeking work. When children go to school, their chances of being trafficked and sold into slavery diminish dramatically.

For 70 years or so, India has not ensured economic security to a large number of its citizens. Of what help is India becoming an economic superpower if hundreds of millions remain in poverty with their children vulnerable to predatory traffickers?

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MTV EXIT is the world's largest behaviour change campaign in the fight against human trafficking and exploitation.

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Trafficking and Identity Theft from the North-East

Girls in the north-east are being lured by agents to work in Southeast Asian and Gulf countries. They transit through Myanmar, where all proof of their Indian identity is taken away. They are given Myanmarese passports, and a completely different identity altogether and their families have no way to trace them. Most of these cases go unreported. The girls never get back home. Those who do are lucky!

[indiaforchildren-blog]

New Law Against Human Trafficking to Be Introduced Soon

By: Rinchen Norbu Wangchuk

From The Better India

In a significant development, the Centre is on the cusp of introducing a law against human trafficking, according to the Times of India. The bill, formulated by the Women and Child Development Ministry, has proposed a 10-year jail term for those engaging in “aggravated forms of trafficking” while repeat offenders will suffer life imprisonment. At the moment, the bill is sitting with the Group of Ministers (GoM), which will take a final call on its provisions.

The bill has identified different ways in which trafficking exists—bonded labour, sexual exploitation (for prostitution), the creation of pornographic content, organ removal and begging.

Among the “aggravated forms of trafficking,” the bill lists out the means through which a person is sent into bondage using violence, coercion, intimidation, the promise of payment, deception and inducement. It also states trafficking after the victim is administered with “narcotics, psychotropic substance or alcohol, or for the purpose or under the pretext of marriage”.

“Whoever commits the offence of an aggravated form of trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to life imprisonment and shall be liable to fine that shall not be less than Rs 1 lakh,” the bill proposes.

For traffickers involved in the very act of buying or selling another fellow human being, the bill stipulates that they will be sent to jail for anywhere between 7 and 10 years, besides a fine upwards of Rs 1 lakh. There are also provisions against the use various forms of media to conduct their illegal business. Punishment is 7-10 years in prison and a fine of Rs 1 lakh.

Another significant provision in the bill is the creation of a national anti-trafficking bureau, which will formulate policy, monitor and oversee anti-trafficking operations in coordination with various State agencies and concerned authorities and organisations in other countries to strengthen “operational and long-term intelligence for investigation of trafficking cases”.

Going by the data available with the National Crime Records Bureau, one can witness the sobering reality ahead of authorities. In 2016, the number of human trafficking cases went up by 20%, against the preceding year. There were 8,132 human trafficking cases last year versus 6,877 in 2015.

“Of the 15,379 victims who were caught in trafficking, 10,150 were female and 5,229 males,” the report states. Experts contend the actual numbers are much higher since many go unreported or lack confidence in seeking police help.

[indiaforchildren-blog]

Free children from chains: India and the world need a multi-dimensional strategy to stop human trafficking

By: Kailash Satyarthi

Kailash Satyarthi is a child rights activist and recipient of the Nobel Peace Prize for 2014

Ideas have legs. So, do human beings. When ideas are chained, we desecrate the very fundamentals of freedom. When human beings are chained, we desecrate the fundamentals of humanity.

One of the monumental milestones for mankind is the abolition of slavery. But while we have won many decisive wars against slavery and bondage, we haven’t succeeded in completely vanquishing this degrading and dehumanising practice. What is ironic is that the world today has the largest number of slaves at any point of time in history, even medieval or colonial.

Let us remind ourselves of some sobering and deeply disturbing facts. More than 21 million people across the world are victims of trafficking. They are de facto 21st century slaves.

While sexual slavery and forced labour remain the major drivers behind trafficking, shocking new trends have emerged. At least 10 nations have reported that trafficking has been related directly with organ harvesting. This is now a $32 billion a year business according to the UN.

But humanitarian agencies reckon that it has surpassed drugs and arms as the largest criminal business in the world with an annual revenue of $150 billion. Women and children constitute 71% of the victims. How can any civilisation allow this atrocity to continue and flourish?

Another alarming trend is that the line between migration, refugee crisis and trafficking is becoming very thin. It has been consistently noticed that the geographical paths and routes of trafficking bear striking resemblance with those of migration. The increasing scale of both natural and man-made disasters, particularly armed conflicts and civil wars, is creating a whole new generation of refugees who are becoming victims of trafficking gangs. Syria is a stark reminder of this trend.

Clearly, law enforcement agencies in developed countries as well as global bodies tasked to check trafficking need much more coordination and cooperation. Moreover, the international community – by incorporating abolition of trafficking and all other forms of modern slavery in a time bound manner in UN Sustainable Development Goals – has agreed this crime has wider negative implications on economic growth and development. Realisation of these goals requires will, resources and action at national and international levels.

India has not been immune to this global scourge. Official data indicates that close to 20,000 women and children were trafficked in India in 2016 but the real numbers could be far higher. More than 1,00,000 children go missing every year. Almost half of them are never traced. Most of the untraced children become victims of human trafficking, slavery, begging and prostitution rackets.

Since most victims of trafficking belong to poor and marginalised families, hardly anyone, including police personnel, paid much attention to these family tragedies. But a historic Supreme Court judgment of 2013 based on a petition by our movement Bachpan Bachao Andolan has directed the state to act promptly and effectively. Yet, trafficking and slavery continue to flourish in India.

And the stories are tragic. We had rescued 13-year-old Malvika (name changed) from Gurgaon. She was trafficked from a village in West Bengal with promises of good wages. Her life was hell after that. In two consecutive homes where she worked as a domestic help, Malvika was treated like a slave with the employers routinely beating her. In both houses, she was raped repeatedly by drivers.

Malvika is lucky that she was rescued and is back with her family. Hundreds of thousands of victims like her have not been as lucky. What can we do in India to stop the barbarity against young girls like Malvika?

For starters, we need a strong law against trafficking. Despite endless debates and repeated pleas by civil society groups, stringent anti-trafficking laws have not been passed by Parliament. Nor have state governments taken meaningful measures to stop this atrocity. It took almost 19 years for India to ratify the ILO conventions that prohibit the worst forms of child labour. Let us not drive hundreds of thousands of innocent children into cruel and miserable lives of slavery by indulging in such unforgivable delays.

We as citizens too need to play a more proactive role by refusing to keep our eyes and ears closed. We must protest and report cases of suspected trafficking victims in our neighbourhoods. That is a moral imperative. Equally important is the need to target the economic roots behind trafficking. It is states like Bihar, West Bengal, Jharkhand, Assam and Odisha that still witness extreme poverty that report the most cases of trafficking.

Apart from vastly improved awareness and law enforcement, what India needs to deal with trafficking and slavery is economic opportunities. When poor families earn enough to feed themselves, they become less vulnerable to criminal gangs. When incomes of poor families improve, their children go to school instead of seeking work. When children go to school, their chances of being trafficked and sold into slavery diminish dramatically.

For 70 years or so, India has not ensured economic security to a large number of its citizens. Of what help is India becoming an economic superpower if hundreds of millions remain in poverty with their children vulnerable to predatory traffickers?