Transcript AHTU - United Nations Office on Drugs and Crime

Measures to combat
Human trafficking.
Legal Regime
(NALSA, New Delhi, 15.11.08)
By
S. UMAPATHI., IPS,
Inspr. Genl. of Police
CID, AP., Hyderabad
and AP State Addl. Anti Trafficking Nodal Officer.
Email: [email protected]
Cell: 9440700900; 040-23240663
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
Trafficking - Organized Crime
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Third biggest organized crime in world
after drugs and arms trade
It is global – driven by profit
Consumerism – commodification of
women and children
Plan of Action (PoA) of NHRC
Based on action research – August 2004

Promotion & protection of Human Rights
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Formulation of an appropriate Legal Framework

Protection & Support (Rescue, Rehab, & Reintegration)

Prevention of Trafficking

Training, Education & Awareness
Characteristics of Trafficking
Violence
Debt bondage
Deceit
Force
T.I.P
Deprivation of freedom
of movement
Confiscation of
Travel documents, etc
Forcible addiction
to drugs / drink
Threat
Commercial sexual
exploitation
Dehumanized
NHRC’s Directives-PoA

“Trafficked Victims to be prevented from
being prosecuted , detained, punished as
they are Victims of Situation beyond their
Control ”-NHRC-Aug 2004
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“Law enforcement
agencies to take
effective
measures
to
investigate,
prosecute and adjudicate trafficking ,
including it’s related activities”- NHRCAug-2004
Three key characteristics of
trafficking in persons (TIP)
Violence
Loss of free will
T.I.P
Exploitation
The Three Enemies
Poverty/
Vulnerability
T.I.P
Illiteracy/
Optionless
Indifference by Police, Society, PRIs
The Problem
Supply
Demand
T.I.P
Distribution
Estimation of Victims
(Average of Govt / NGO / VOCSET Groups / victims of CSE)
Source: NATSAP Oct 06 News letter
Maharashtra
4 lakhs
(18.3%)
West Bengal
3.6 lakhs
(16.5%)
Andhra Pradesh
3.2 lakhs
(14.6%)
Tamil Nadu
3.0 lakhs
(13.7%)
Uttar Pradesh
2.71 lakhs
(12.4%)
Bihar
1.6 lakhs
(7.3%)
Madhya Pradesh
1.44 lakhs
(6.6%)
Gujarat
1.40 lakhs
(6.4%)
Kerala
0.7 lakhs
(3.2%)
Delhi
0.16 lakhs
(0.7%)
Total
21.81 lakhs
• Other States / UTs = 9 Lakhs = Total : 30 Lakhs
NETWORKS OF
TRAFFICKERS
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Networks of procurers,
Pimps,
Brothel Keepers,
Musclemen,
Transporters,
Sellers,
Buyers,
Hoteliers,
Four to five lakh traffickers in the country.
Financiers those who deliver human cargo.
Rs.20 crore profit per day in India
WHO ARE TRAFFICKRS?
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Brothel in-charge and other exploiters in brothel.
The ‘managers’ and other ‘dramatis personae’
Persons who allow premises to be used (Sec.3.2 ITPA)
Keepers of places / vehicle (Sec.3.1 ITPA)
Person who detain victims in brothels etc. (Sec.6.ITPA)
Allowing public places for prostitution (Sec.7.2 ITPA).
The customer or clientele (demand factor ) (Sec.7.ITPA).
The financiers of recruitment, transportation ,stay
accommodation, money lending.
The abettors (U/s 3,4,5,6,7,9 ITPA r/w Chapter V of IPC
(abetment).
Those living on the earnings of CSE (Sec.4 ITPA).
(Commercial Sexual Exploitation )
All conspirators.
Definitions under ITP Act-1956
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Brothel: Any house, room, conveyance or place or
any portion of any house used for the purpose of
sexual exploitation or abuse for the gain of another
person or for the mutual gain of two or more
prostitutes.
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Prostitution: Sexual exploitation or abuse of
persons for commercial purposes and the
expression “prostitute” shall be construed
accordingly.
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Child: Person not completed 16 yrs of age.
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Minor: Not completed 18 yrs of age.
The Immoral Traffic (Prevention) Act 1956
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Sec.3:
Punishment for keeping a brothel or allowing
premises to be used as a brothel . Punishable with
RI not less than 1 yr, not more than 3 yrs and also fine `
Rs. 2000/-.
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Sec.4: Punishment for living on the earning prostitution.
Punishable –up to 2 yrs or with fine Rs. 1000/- or both.
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Sec. 5: Procuring, inducing or taking person for the sake of
prostitution. Punishable RI not less than 3 yrs and not
more than 7 yrs and also fine Rs. 2000/-. In case of child
not less than 7 yrs but may extend to life.
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Sec.6:
Detaining a person in premises where prostitution is
carried on. Punishable - not less than 7 yrs and which
may extend for life.
The Immoral Traffic (Prevention) Act 1956
Contd…
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Sec.7: Prostitution are in the vicinity of public places.
Punishable for a term 3 months. In case of
minor not less than 7 yrs may extend to life or
10
yrs.
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Sec. 8: Seducing or soliciting for purpose of
prostitution in any public place - Punishable up
to 6 months or with fine up to Rs. 500/- on
first conviction – up to 1 yr and Rs.500/on second conviction.
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Sec. 9 : Seduction of a person in a custody –
Punishable not less than 7 yrs and fine.
THE STRATEGY (three P’s)
Prevention
Protection
T.I.P.
Prosecution
The Strategy (Three R’s)
Rehabilitation
Rescue
T.I.P
Reintegration
STRATEGY FOR STAKE
HOLDERS INTERVENTION
Transit
Source
T.I.P.
Destination
Nomenclature
Don’t use words such as CSW, Prostitute etc
Use VOCSET (Victim of Commercial Sexual
Exploitation & Trafficking)
OR
Simply --- A Victim/survivor
Mumbai Net work of Trafficking
Guntur
Vishakapatnam
East Godavari
West Godavari
Kadapa
Vijayawada
Hyderabad
Guntakal
Mumbai
Mumbai
Hyderabad
Vijayawada
Warangal
Karimnagar
Nizamabad
Khammam
Hyderabad
Mumbai
Bhivandi (Thane) Network
KADIRI
RAYACHOTI
MADANAPALLI
BHIVANDI
SIRICILLA
JAGTIYAL
NIZAMABAD
Yavathmal Network
KHAMMMAM
KOTHAGUDEM
SATTUPALLI
YAVATHMAL
NALGONDA
WARANGAL
KARIMNAGAR
NIZAMABAD
Chandrapur Network
NALGONDA
KHAMMAM
HYD. OLD CITY
CHANDRAPUR
SIRICILLA
ADILABAD
MANCHIRYAL
Pune Network
KADIRI
RAYACHOTI
MADANAPALLI
PUNE
RAJAHMUNDRY
GUNTUR
VIJAYWADA
HYDERABAD
Delhi Net work of Trafficking
Daund
Bangalore
Hyderabad
Anantapur
Guntakal
Warangal
Kadapa
DELHI
DELHI
Tirupathi
Vijayawada
Chittoor
Kurnool
Warangal
DELHI
Warangal
DELHI
Vizag
DELHI
East Godavari
West Godavari
Hyderabad
DELHI
Kolkata Net work of Trafficking
Srikakulam
Vizianagaram
Bapatla
Vizag
Vijayawada
Kolkota
Rajahmundry
Ongole
Anantapur
Banglore
Hyderabad
Kolkata
Goa Net work of Trafficking
Rajahmundry
Machilipatnam
Tanuku
Vijayawada
Vijayawada
Goa
Ongole
Guntur
Medaramitta
Kadiri
Hyderabad
Goa
Goa
Bombay
Goa
Goa
Chennai & Bangalore Network
Hyderabad, Anantapur,
Kadapa, Chittoor,
East Godavari
Vijayawada
Guntur
Prakasham
Nellore
Chennai & Bangalore
Rescue of victims
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92% victims have not been rescued
6% have been rescued once
2.0% rescued twice.
??? Where do we stand ???
HIV / AIDS
In India 2,70,000 to 6,80,000 people died
of AIDS since 1987.
 37.8% victims below 10 years.
 41.7% victims below 11 to 14 years.
 200 girls are trafficked every day (80%
against their will).
 Survey: Institute of Social SciencesDelhi.
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Breaking Traffickers’ Networks
More rescues
Rescued victim
De-traumatisation /
Interview
Counselling
More Traffickers
Interrogate
Arrest Traffickers
Obtain NBWs
T.I.P
164 Cr.P.C. statement
Before court
Filing addl. Memo
of accused in court
Definitions under BLS (Abolition) Act-1976
“Bonded debt” : Advance obtained by a
bonded labourer.
 “Bonded Labour”: Labour or service
rendered under BLS.
 “Bonded Labourer”: A labourer who
incurs or incurred a bonded debt.
 “Bonded Labour System” : Forced labour
under which a debtor enters into an
agreement with the creditor.
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The Bonded Labour System (Abolition) Act 1976
(Sec. 374 IPC- Unlawful compulsory in labour)
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Sec.10: Implementing Authority: Dist. Magistrate /
Sub-Divisional Magistrate.
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Sec.16: Punishment for enforcement of bonded labour
– up to 3 yrs and fine up to Rs. 2000/-
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Sec.17: Punishment for advancement of bonded debt
– up to 3 yrs and fine up to Rs. 2000/-
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Sec.18: Punishment for extracting bonded labour
under the BLS – up to 3 yrs and also fine Rs.
2000/-
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Sec.19: Punishment for failure to restore possession of
property to bonded labourers. Imprisonment
up to 1 yrs or with fine up to Rs. 1000/-
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Sec. 21: Executive Magistrate to conduct trial of
offences.
The Transplantation of Human Organs Act, 1994
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Sec. 18: Punishment for removal of human organ
without authority. 1st Offence up to 5 yrs and
with
fine Rs. 10,000/- 2nd offence removal of
medical practitioner name from the counsel.
Sec. 19: Punishment for commercial dealings in human
organs- Not less than 2 yrs but which may
extend to 7 yrs and fine up to Rs 10,000/Sec. 20: Punishment for contravention of any other
provisions of this Act up to 3 yrs and fine up to
Rs. 5,000/Sec. 21: Offences by companies: With consent or
convince or is attributable to any neglect on the
part of any director, manager, secretary or other
officer of the company shall be deemed guilty
of the offence and punishable accordingly.
Sec. 22: Director of Medical Education is the appropriate
authority for setting law into motion.
Anti Human Traffic
Project Outputs
Our journey to zero tolerance
I. MHA – UNODC
Empowerment Programme
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Capacity Building of SIs & above } trained in A.P. Police
Academy (29 DySsP, 300 CIs & 1433 SIs) Dr. P.M. Nair,
Prajwala (Dr. Sunitha) took lead role.
Hon’ble High Court Judges were delivering inaugural /
valedictory addresses.
APPs. Addl PPs (272) Trained at A.P. Police Academy
NGOs, WCD officials also trained.
Commenced with BPR&D interface in July 2005
Laid foundation for a journey to zero tolerance
Nodal training centre established at APPA as part of MHA
– UNODC project
II. Breaking Networks
across the country
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Empowerment – Going beyond local jurisdiction
Rescue – Counselling – Further rescues – Further
arrests of traffickers – Logical end of network.
Bhivandi, Mumbai, Yavatmal, Chandrapur, Pune of
Maharashtra
Delhi, Bangalore, Chennai etc
Application of stringent law provisions Secs. 366 (A),
372, 373, 376 (2)(a) IPC punishable with 10 yrs
imprisonment.
Synergic approach in Pre-rescue, Rescue and Postrescue with NGO’s, WCD & Others.
III. Remand & Speedy trial of traffickers
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In last 1 ½ yrs, 34 Traffickers were convicted for 10 yrs
imprisonment under IPC provisions
Sec. 164 Cr. PC – Statement of Victims recorded after
counseling
Remand is generally upto 90 days in Sec. 366(A), 372, 373, 376
IPC.
PRC/SC Nos are given expeditiously by courts
Judicial Colloquium was held at A.P. Judicial Academy under
the aegis of the Hon’ble Chief Justice of A.P. for Addl. PPs/
Asstt Sessions Judges/Police Officers –
Sec. 376 (2)(g) IPC was widely accepted by courts in case of
minors.
Age of victim is considered w.e.f date of trafficking, though
victim is rescued at a later date when she is not a minor.
IV. Profiling & History Sheets – timely
intervention of prosecution department .
All traffickers were profiled
 Addresses Cross checked
 History Sheets / Suspect sheets opened
 APPs/Addl PPs filing timely counters on
bail applications
 SsP/CsP/SsRP reviewing AHT cases
and supporting Inter States OPs
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V. Synergy
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Nodal NGOs concept institutionalised
SsP/CsP/SsRP were designated by DGP as Unit
Nodal Officers to liaise with NGOs & WCD
FIRs are registered under stringent IPC provisions
of law
WCD pays Rs.10000/- as IRF to every rescued
women
Govt. Homes & NGO Homes got a face lift
NIRD gave counseling skills training to select
nodal NGOs, Home Superintendents & Women
Police Officers
VI. Legal Aspects
Judicial Officers understood evidentiary
aspects of Sec. 366 A,366 A, 372, 373,
373(2) (g) IPC etc.
 A.P. Police Manual amended in 2002 with
a full chapter on ITP Act – Role of Police
 Counseling – Resulted in application of
proper sections of law – filing fresh FIRs
 Places of exploitation closed U/s 18(1)
ITP Act by SDMs
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VII. Missing persons Vs Trafficking
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Understood the nexus between Missing
persons Vs Trafficking
All Missing persons cases registered &
investigated – Taken to logical conclusion
NGO intervention at Railway Station, Bus
Stations, etc. with GRP, RPF personnel
Short Stay Home – Police are networked for
restoration
WCD – NIC – A.P. Police developing Missing
Persons tracing programme.
VIII. Victim/ Witness Support
Fund – a new concept
UNODC sponsored the fund in coastal
area for trial of AHT cases
 Proposals pending with government
 1% of budget may be earmarked to
secure convictions
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AHT cases for the year 2007
with the year 2006
(impact of UNODC interface in proactive policing
in Anti Human Trafficking)
1600
1434
1400
1200
1017
1000
669
800
600
400
509
432
236
99
200
0
122
0
0
2006
2007
No. of cases registered
432
669
Victims rescued
236
1017
Minors rescued
0
122
Traffickers arrested
0
1434
Customers arrested
99
509
During 2007 ( Up to April) - 243 Cases registered (using non-bailable IPC Sections i.e. 366 A, 372, 373, 376 (2) (g) IPC)
AHT cases for the year 2008 (up to Sept)
with the year 2007
(impact of UNODC interface in proactive policing
in Anti Human Trafficking)
1434
1600
1400
1200
1000
1017
669
800
509
600
400
300
440
340
122
28
200
0
646
2007
2008 (up to Sept)
No. of cases registered
669
300
Victims rescued
1017
440
Minors rescued
122
28
Traffickers arrested
1434
646
Customers arrested
509
340
During 2007 - 98 Cases registered (using non-bailable IPC Sections i.e. 366 A, 372, 373, 376 (2) (g) IPC)
IX. international recognition AP best practices
40% of the rescue best practices are cited
by UNODC from AP.
 Conviction of 34 traffickers for 10 years
imprisonment.
 Discussed as AP Model in International
fora.
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X. Road Map
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E-mail grouping of AHT Officers across the
country.
Securing conviction against traffickers
Profiling of traffickers across the country.
Speedy rescues of victims & arrests of traffickers
Integrating IC DS projects of WCD with
Anganwadi centres into AHT – Keeping
Panchayat Raj institutions in the loop.
Keeping Railways & RTCs in loop for prevention
1091 Women Helpline with NGO interface
Advantages for Judiciary
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Presumption u/s 3(2A), 4(2), 6(2), (2A), (3) of
ITP Act.
Higher punishment scale when child (below
16 yrs), Minor (below 18 yrs) are commercially
sexually exploited.
Age determination – Records may lie but
‘person’ does not. Please call for details.
School certificate / Ration card etc as proof
of date of birth.
Advantages for Judiciary
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Sec. 17 A (Placing persons for interim custody
rescued to parents /guardians).
Passports of ‘exploiters’ staying abroad can be
impounded facilitating I.Os to take up
deportation (Gulf / South East Asia cases).
Issuing ‘search warrant’ in case of out of state
rescue operations.
‘Vajrayudha’ – Sec. 18 of ITP Act (Closure of
brothel for 1 year or in case of minors’
exploitation for 3 yrs).
Things to remember
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Pl. remember that the victim is under ‘trauma’
False names & addresses are often given both by victims
and traffickers.
Claims are made by ‘traffickers’ themselves for custody of
victims.
Recording of statement u/s 164 Cr.P.C. after counseling is
better.
Date of trafficking may be discerned based on victims’
statement
Age determination to be given top priority.
Parrot like assertions are often given by victims.
Constrains for police I.Os
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Proving “basket of crimes” concept.
Age certification.
Wrong address furnished by both the traffickers and
victims.
No permanent abode.
Disowned / sold by own parents, husband / brother /
sister/ uncle / aunt etc.
Lack of counseling staff.
Requesting every time for ‘in-camera’ trial.
Proving S.O.C (Scene of Crime).
WE ARE PROGRESSING
from
Talkers
Doers
Performers
Achievers
Trend setters
to
to
to
to
to
Doers
- 2005
Performers
- 2006
Achievers
- 2007 & 08
Trend Setters - 2009 & 10
Reformers
- 2011
Let us…
Plan
purposefully
 Prepare prayerfully
Proceed positively
Pursue persistently
Thank You for your kind attention