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 By using provisions of existing law in first four months of this year we in AP have Registered 243 cases Rescued 441 victims (87 minors) Arrested 604 traffickers 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 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 IGP, CID 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. 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. 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 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). 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 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. 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 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: 420 (cheating), 468 (forgery for purpose of cheating), 471 (using a forged document as guanine), 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 IGP, CID The Problem Supply Demand T.I.P Distribution IGP, CID The Strategy (three P’s) Prevention Protection T.I.P. Prosecution IGP, CID The Strategy (Three R’s) Rehabilitation Rescue T.I.P Reintegration IGP, CID Strategy for stake holders intervention Transit Source T.I.P. Destination IGP, CID Basic concepts IGP, CID 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: 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.. IGP, CID Planned purposefully Prepared prayerfully Proceeded positively Pursuing persistently Let us be a synergic team.. IGP, CID 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