Transcript Slide 1

TEAM PRESENTATION ON
ANTI HUMAN TRAFFICKING LEGAL REMEDIES
By
S. UMAPATHI., IPS,
Inspr. Genl. of Police
CID, AP., Hyderabad
and AP State Addl. Anti Trafficking Nodal Officer.
Email: [email protected]
IGP, CID
Cell: 9440700900; 040-23233027
1
IGP, CID
IGP, CID
Recruiting
OR
Harboring
OR
Moving
OR
Obtaining
OR
Maintaining
A Person
By Force
OR
Fraud
OR
Coercion
For Involuntary
Servitude
OR
Debt Bondage
OR
Slavery
OR
Sex
Trade
Source: Adapted from the Freedom Network Institute on Human
Trafficking
IGP, CID
ANTI HUMAN TRAFFICKING LEGAL REMEDIES
EXISTING LAW
IGP, CID
PROPOSED LAW
Existing Law
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By using provisions of existing law in first
four months of this year we in AP have
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Registered 243 cases
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Rescued 441 victims (87 minors)
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Arrested 604 traffickers
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Arrested 113 customers
IGP, CID
Characteristics of Trafficking
Violence
Debt bondage
Force
T.I.P
Threat
Deceit
Deprivation of freedom
of movement
Confiscation of
Travel documents
IGP, CID
Confiscation of
identity papers
Breaking Traffickers’ Networks
More rescues
Rescued victim
De-traumatisation /
Interview
Counselling
More Traffickers
Interrogate
Arrest Traffickers
Obtain NBWs
IGP, CID
T.I.P
164 Cr.P.C. statement
Before court
Filing addl. Memo
of accused in court
Making use of IPC provisions
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Sec. 366(A) (Procreation of minor girl).
Sec. 372 Selling minor for prostitution.
Sec. 373 Baying minor for prostitution.
Sec. 366 (B) Importation of minor girl
from abroad.
Sec. 376 (2) (G) Committing gang rape
All offences are non-bailable, triable by sessions
court and punishment up to 10 years
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Making use of ITP Act

Arresting customer u/s 7 (1)
Punishment
upto 3 months if victim is a
Punishment upto 7 years if victim is minor.
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IGP, CID
major.
Sec. 13 (1): Inspectors of Police have
already been designated as Spl. Police
Officers in AP and they can take help of
SIs, HCs or Police Constables. (G.O.Rt.
No. 475 of Home dt: 16.08.1991 of AP.
Making use of ITP Act

Sec. 18: To close the brothel / lodges or
hotels indulging in prostitution.
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IGP, CID
2 lodges in Guntur have been closed u/s 18(3)
of ITP Act on 8.5.07 (result of UNODC training
& directions from State Nodel Officer)
3 brothels closed in
Godavari) in Jan.2007.
Rajahmundry
(East
Making use of Cr.P.C. / IPC Provisions.
1.
Witness/ victim protection system Sec. 195 (A) IPC
(threatening or inducing any person to give
false
evidence) punishment up to 7 years. Threatening means :
1.
Injury to the person.
2.
Reputation.
3.
Loss of property of such witness and such person in whom
such witness is interested.
2.
Sec. 437 (3) Cr.P.C. amendment 2005: Directions to the
accused not to commit similar offence and not to make
any inducement, threat or promise to any witness.
3.
Sec 164 A Cr.P.C. medical examination of victim of rape.
IGP, CID
Proposed amendments to Law

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To make Sec. 3 (keeping a brothel), Sec. 4
living on earnings of prostitution, Sec. 5
procuring person for prostitution.
Sec. 6 : detaining person in prostitution
premises.
Sec. 7 : prostitution in vicinity of public places.
To be made non-bailable and triable by Asst.
Sessions Judge (in case of a child or minor).
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IGP, CID
Sec.12 : all Sub-Inspectors of Police of police
stations to be made spl. Police officers.
Sec. 21 : protective
rehabilitation package.
homes
to
have
Amendment to concurrent list
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Inclusion of Anti Human Trafficking in the
concurrent list i.e. list III of 7th Schedule of
Constitution.
Various directions / letters of Govt. of India
or advisory as on date and not mandatory.
Preventive detention is already in the
concurrent list.
Trafficking being organized crime third
biggest in the world deserves to be in the
concurrent list.
IGP, CID
Sri Lankan Penal Code Amendments-2005


Sri Lanka defined trafficking in Penal Code.
They made punishments for persons providing
services by computer to prevent sexual abuse of a
child.

Internet café owner
pornographic sites.
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Duty of people to inform authorities about use of
premises for child abuse.

Debt bondage, serfdom, forced or compulsory
labour, slavery are included in Penal Code.

We may think of such amendments.
IGP, CID
should
preclude
child
Amendment to PMLA-2002
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IGP, CID
Prevention of Money Laundering Act 2002- Schedule of offences under ITP Act
1956 do not contain Sec. 3,4 & 7
Minimum criminal proceeds quantum to
be reduced from Rs. 30 lacs to Rs. 10
Lacs.
Govt. of India make take it up with the
concerned. So that, assets (criminal
proceeds – tainted property) can be
attached by the enforcement directorate.
Amendment to PMLA-2002- contd…

Those who cheat gullible /innocent /
option less women to go to Gulf etc are
not punished under PMLA for want of
inclusion of Sections:
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420 (cheating),
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468 (forgery for purpose of cheating),

471 (using a forged document as guanine),
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IGP, CID
472 (making a counterfeit seal) IPC in the
schedule of PMLA.
Three key characteristics of trafficking
Violence
Loss of free will
T.I.P
Exploitation
IGP, CID
The Enemy (Commodification)
Poverty/
Vulnerability
T.I.P
Illiteracy/
Option less
Indifference by Police, Society, PRIs
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The Problem
Supply
Demand
T.I.P
Distribution
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The Strategy (three P’s)
Prevention
Protection
T.I.P.
Prosecution
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The Strategy (Three R’s)
Rehabilitation
Rescue
T.I.P
Reintegration
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Strategy for stake holders intervention
Transit
Source
T.I.P.
Destination
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Basic concepts
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Victim is treated as a VOCSET (Victim of
Commercial
Sexual
Exploitation
&
Trafficking).
Trafficking is a continuing offence.
If a victim is rescued at the age of 20 years
and in her statement if she mentions that she
was trafficked when she was 17 + all IPC
sections like 166 (A), 172, 173 IPC.
IPC sections enable the I.O to lay charge
sheet quickly and obtain trial dates, finish the
trial quickly.
Victim/ witnesses
support.
need
protection
and
Non financial issues:
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IGP, CID
Giving rewards/ medals to the officers, NGOs
doing sustained Anti Human Trafficking work
during Independence Day / Republic Day /
Anti Human Trafficking Day.
Visual and print media of Govt to include Anti
Human Trafficking issues regularly – Dos and
Don’ts.
Panchayat
Raj
institutions
should
be
empowered by local GOs to tackle AHT work –
preventive role.
ITP Act cases for the first quarter of the year 2007 (Jan to march
2007) with corresponding period of previous year
(impact of UNODC interface in proactive policing in anti human
trafficking)
600
519
No. of cases
registered
500
3 77
Victims rescued
400
236
300
Traffickers arrested
178
200
Customers arrested
10 2
59
37
100
0
16
0
0
JA N - TO M A R C H 2 0 0 6
IGP, CID
JA N - TO M A R C H 2 0 0 7
Arrests u/s 8 ITP Act
WE ARE PROGRESSING
From
Talkers
Doers
Performers
Achievers
Trend setters
IGP, CID
to
to
to
to
to
Doers
Performers
Achievers
Trend Setters
Reformers
We, in AP Police..
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IGP, CID
Planned purposefully
Prepared prayerfully
Proceeded positively
Pursuing persistently
Let us be a synergic team..
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To come together is a beginning
To stay together is progress
To finish together is success.
IGP, CID
Thank You for your kind attention
IGP, CID