INVESTIGATION IN ITPA
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Transcript INVESTIGATION IN ITPA
Responding
to
Human trafficking
[email protected]
As we proceed
Challenges
Common doubts.
Myths, mind-sets
Aberrations, violations
Good practices
And a roadmap… moving ahead
taxonomy
Trafficking for •Commercial sexual exploitation
•Exploitative labour
•Other types of exploitation
Article 23 prohibits trafficking for any
exploitation
3
Labour trafficking
Organized sector-industries, factories
Unorganized sector- construction work
Entertainment industry- circus, camel
racing
Domestic labour
Others- begging
Trafficking for other types of
exploitation
Organ trade
Pornography
Trafficking under the façade of marriage
Etc…
Trafficking for
commercial sexual
exploitation
6
A GIRL CHILD TRAFFICKED
INTO
COMMERCIAL SEXUAL EXPTN
Let us listen to her……
1. DISPLACED ( ABDUCTED? )
2. CRIMINALLY CONFINED
3. CRIMINALLY RESTRAINED FROM
THOUGHT / ACTION
4. PHYSICALLY & MENTALLY TORTURED /
INJURED
5. SOLD
6. PURCHASED
7. MODESTY OUTRAGED
8. RAPED REPEATEDLY
9
9.
VICTIM OF SEXUAL PERVERSIONS
10. SERVITUDE &
DEBT BONDAGE
11. PRIVACY DENIED
12. ACCESS TO JUSTICE DENIED - NO
REDRESSAL
13. CRIMINAL CONSPIRACY
14. MULTIPLE ABUSE & ABUSERS
* ORGANIZED CRIME*
*BASKET OF CRIMES*
10
THE HR VIOLATION OF THOSE
TRAFFICKED ACROSS THE BORDERS
1. DEPRIVATION OF RIGHT TO LIFE
(SLAVE LIKE CONDITIONS)
2. DEPRIVATION OF RIGHT TO
SECURITY (PHYSICAL & ECON)
3. DEPRIVATION OF RIGHT
PRIVACY (BONDED LAB)
TO
11
Contd….
4.
5.
6.
7.
8.
DENIAL OF ACCESS TO HEALTH
SERVICES
DENIAL
OF
RIGHT
TO
SELF
DETERMINATION (RESOLD)
DENIAL OF RIGHT TO RETURN TO
OWN COMMUNITY - “STATELESS”
DENIAL
OF
RIGHT
TO
REPRESENTATION (STATELESSNESS)
DENIAL OF RIGHT TO BE HEARD
BEFORE DECISION MAKING
trafficking vs
prostitution
process vs purpose
prostitution per se…
multiple offences in HT
uneven understanding
trafficking is not prostitution
13
WHAT CONSTITUTES TRAFFICKING
DISPLACED FROM COMMUNITY
TRANSPORTATION
COERCION / DECEIT
EXPLOITATION of vulnerability
COMMERCIALIZATION
SERVITUDE
VIOLATION OF HUMAN RIGHTS
ORGANISED CRIME
BASKET OF CRIMES
the response systems
ACTION RESEARCH
on
TRAFFICKING IN WOMEN
CHILDREN
&
by the
NATIONAL HUMAN RIGHTS
COMMISSION and
UNIFEM,
INSTITUTE OF SOCIAL SCIENCES
16
Trafficking in Women and
Children in India
-
Published by Orient Longman
- 2005
DATA COLLECTED THRU
INTERVIEWS: 2006
SURVIVORS
561
VICTIMS OF CSE
929
CHILD LABOURER
510
BROTHEL OWNER
412
TRAFFICKER
160
POLICE OFFICIAL
852
CLIENTELE
582
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VOL II: 154 CASE STUDIES:
IN 5 SECTIONS
TRENDS
EXPLOITATIONS
VULNERABILITIES
RESPONSES - PROACTIVE
RESPONSES - REACTIVE
19
FINDINGS in BRIEF
70% trafficked victims are from
SOCIALLY DEPRIVED SECTIONS
58% WERE “ARRESTED” EARLIER
mostly RELEASED by the BROTHEL
OWNER
67%
brothel
owners
were
erstwhile VICTIMS
of trafficking-
VICIOUS CYCLE ?
20
62%
REACHED BROTHEL BEFORE
18 yrs and 23% before 16 yrs
32% had serious health isues
85% in a Rescue Home in
Hyderabad are HIV +
EXTREME EXPLOITN OF GIRL
CHILD
A girl child of 16 says, “ I had 13
“CUSTOMERS” last night !!
First sexual experience
for 74% at less than 18 years of age
for 46% at <16
alarming level of incest and child
abuse !!
VULNERABILITY
front?
at one’s own home
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TRAFFICKERS
VULNERABILITY
capitalize
on
SUPPLY is dictated by DEMAND+
PROFIT+ANONYMITY+POOR LAW ENFT
MOSTLY LURED- 44% WITH JOBS,
30% WITH MARRIAGE PROSPECTS
Vulnerability factors…
23
ARREST OF PERSONS UNDER ITPA
YEAR
TOTAL
FEMALES
MALES
13225
1574
(89.4%)
(10.6%)
12088
1762
(88%)
(12%)
10263
2560
(80%)
(20%)
ARRESTED
1999
2000
2001
14799
13870
12823
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C0NVICTION PATTERN IN ITPA CASES
(Source: Crime in India by NCRB, Government of India)
1999
2000
2001
CASES P/T
15423
15815
14000
CONVICTED
8653
9002
7758
ACQUITTED /
636
1614
576
93%
85%
93%
DISCHARGED
% OF CONVICTED TO
TOTAL DISPOSAL
WHO ARE THESE 93% CONVICTS !
HOW CONVICTED & HOW FINE IS PAID
CHANGING INDICATORS IN many places.
25
72%
interviewed victims stated that
they had been convicted earlier on
charge of “soliciting”
Does it meanvictimization of victims?
human rights violation?
exacerbate the vulnerability?
Who are the “customers”?
73 % were living with spouses
32% never used condoms
High demand for young children,
both boys and girls
Are they
“customers” or offenders?
Why demand for young persons?
34% said “due to fear of AIDS”
53% said “because children were
submissive”
Exploitation of vulnerability
Sex tourism
High level of demand- both international
and national clients
Destinations-not only international tourist
destinations, but also local
In the name of business promotion
In the façade of “massage parlour” etc
The extent and depth of the problem
stands exposed by Freddy Peats case and
other crimes.
DECREASING
-> AGE OF VICTIMS
INCREASING -> DEMAND
INCREASING -> LEVEL OF
EXPLOITATION
TRAFFICKING >>> HIV/ AIDS
HIV/ AIDS
>>> TRAFFICKING
MISSING PERSONS vs. TRAFFICKING
CASE STUDIES OF DELHI, MUMBAI,
CHENNAI
LINKAGES OF TRAFFICKED VS.
MISSING PERSONS
NATIONAL DATA OF MISSING
PERSONS
UNIQUENESS OF DATA
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Annual all - India data of missing persons:
Average of 6 years – 1996 to 2001
Category
Persons
Reported
Missing
Women
22480
Children 44476
Not
Returned
5452
11008
% Not
Returned
24.3
24.8
32
Annual data of missing persons in 6 metros
Average of 6 years – 1996 to 2001
Category
Persons
Reported
Missing
Women
7679
Children
15407
Not
Returned
3289
5833
% Not
Returned
42.8
37.9
33
More issues in LAW ENFORCEMENT
PUBLICITY OF RESCUED GIRLS AND WOMEN
VIOLATION OF S.228A IPC ?
VIOLATION OF S.21 OF JJA ?
How do we ensure accountability?
34
Police response during interview:
60% crimes not reported
only 6.6% had any training on
trafficking/related issues
nil/ low priority issue
Problems of post- rescue care
Lack of integration with other
govt. depts( rehab/post-care etc).
Lack of network with NGOs
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Interviewed Police officials stated:
Traffickers are seldom arrested
Clients are seldom arrested
at best brothel keepers are booked
easily bailed out, mostly by the group
of exploiters themselves
Age determination- med.exam- a major
challenge
Lack ofprotocols, directives /
supervision
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Human
trafficking:
Developmental issue
Public health issue
HR issue
Public order issue
Governance issue
Anti human trafficking is
everybody’s business.
Are we part of the solution or
of the problem
part
HOLLISTIC and INTEGRATED
functioning is essential
PREVENTION
P-P-P MODEL
PROTECTION
PROSECUTION
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prosecution
Registering FIR
WHERE to register FIR
Do we take up cases at the source area
WHO will be the complainant? Is it has to be
the victim
Can NGO be complainant
If the victim doesnot speak to the details in
FIR, what to do
Associating prosecutors ?
Investigating into the offenders
WHO ARE THEY ??
SPOTTER,RECRUITER,
SELLER, PURCHASER,
TRANSPORTER,
ABUSER, EXPLOITER,
FINANCIER,
CUSTODIAN, KEEPER,
PIMP,CONTRACTOR,
OTHER CONSPIRATORS…
Investigating Organized Crimes
How to go about
p.o.a.
and check list
Organized crime approach
Intelligence sharing –
crime
to crime, From witness, victim, accused
source <-> transit <-> destination
Timely sharing – use AHTU, Nodal officers
Evidence transfer
Database and data management on suspects
Network of police and NGOs
Presenting the case to the
COURT
Do we prepare Crime mapDo present the trafficking map
How to present evidence of child victimnatural or doctored?
Case study- KCJ case
Electronic presentation
When is investigation complete
Provisions of 173 (8) CrPC
Till the case reaches its logical conclusion
When is that conclusion
Mumbai Case study of 10 MISSING
GIRLS.ppt
Post conviction steps
Enhanced punishment
Closing down places of exploitation
After conviction & during investigation too
Who can do it- how to do- impact….
Surveillance
Externment
Dossier- ITPA and related IPC and other
offences
EXTERNMENT & SURVELLANCE
ANOTHER POWERFUL TOOL IN LAW ENFT
DM/SDM HAS POWER TO EXTERN/REMOVAL
OF PROSTITUTE FROM ANY PLACE (20)
IF A PERSON CONVICTED EARLIER UNDER
ITPA OR CONCERNED SEC OF IPC IS
CONVICTED AGAIN IN ANY OF THESE LAWS,
HE CAN BE KEPT UNDER SURVEILLANCE
UPTO 5 YEARS- s.11(1)(b)
Illegal assets of the offenders
Do we take time to locate the assets
The dynamics of illegal acquisition- BRP case
study
ROLE OF ASSET CONFISCATION in law
enforcement- dealing with organized crimeItalian example
Can the law help
105C to 105 J CrPC ?
Criminal Law Amendt Ordnance 1944 ?
Other special laws
Intelligence gathering & dissemination
Int from interview of victims etc
Int from interrogation of suspects
Source, transit, demand areas
Data base
Sharing
Organized crime perspective
protection
Rescue u/s 15
No need of warrant / permission
SPO can do
Can authorize any SI and abovein writing/orally
Enter in GD and proceed
Do conduct investigation Rescue victims, arrest offenders,
search, seize, record statements etc
Rescue u/s 16
ON REPORT FROM POLICE OR
OTHERWISE
ANY BODY CAN REPORT
BY MM / JMI / DM / SDM
DIRECT ANY SI OR ABOVE (NEED NOT
BE A NOTIFIED SPO)
RESCUE OF ANY PERSON WHO IS
MADE TO CARRY ON PROSTITUTION
IN A BROTHEL (S.16)
let us not forget…
Rescued
persons are human
beings with dignity
Cannot be kept in the PS like
recovered property
Therefore …
Dos and donts in rescue
Segregating victim from accused
Carrying belongings
Child vs adults
Interviewing for age, belongings, locating
other victims, accused, documents, ev etc
Best care and attention from the victims
perspective
validation
NGOs IN LAW ENFORCEMENT
IN THE ADVISORY BODY U/S 13(3B)
SEARCH AND INTERVIEW OF WOMEN RESCUEE
– WOMEN NGO TO BE ASSOCIATED IF WOMAN
POLICE OFFICIAL NOT AVAILABLE [15(6A)]
DECISION ON REHABILITATION TO BE TAKEN BY
MAGISTRATE IN CONSULTATION WITH A PANEL
OF 5, INCLUDING AT LEAST 3 WOMEN SOCIAL
WELFARE WORKERS [17(5)]
HOME
VERIFICATION
(CAPABILITY
OF
GUARDIAN ETC.), BEFORE REHABILITATION, IS
TO BE DONE BY THE NGO [17A]
INTERVIEWING TECHNIQUES
Victim perspective
How many times to interview- Peter case
Who all will interview
Where and when to interview
COGNITIVE interviewing
Gender perspective
Legal requirements 15 (6A) ITPA
Child perspective- story of CHOCOLATE
UNCLE.ppt
How to take care of the VICTIMS ?
Zero tolerance to arrest of victims.
CHAMPARAN CASE.ppt
Respecting & ensuring victim’s rights
during and post rescue
Validation of harm, psychosocial redressal
LISTEN to the victim- in full measure
How to record detailed statement of victim
Help of counselors/ women NGOs
The victim perspecitve :
seeing from the best interest of the victim
Knowledge + Skills + Attitudinal orientation
How best to use the law and court rulings
Human Rights oriented application of law
Case study- FARIDA CASE ppt
AGE ASSESSMENT
RELEVANCE
WHO CAN DO IT
How to get EXPERT advice
IF NO EXPERT IS AVAILABLE
If the expert report is incomplete, contrary
to facts
COURT RULINGS
ROLE OF CWC
Victim care during the court trial
Anonymity
Briefing
Sakshi Judgement Sept 2004- Do
ensure compliance
Security of victims/ witnesses
Legal provisions
Video conferencing- Praful Desai case
Thanking the victim- not to be forgotten
VICTIM REHABHow can police help
Advantages of police initiative/involvement
Proper care of rescued persons
Prevention of re-trafficking
Preventing crime- a mandate
Integration with other depts
Partnership with NGOs
Networking with Corporates/ employers
Model from orders of DELHI High Court.ppt
prevention
Action at the
Demand
area
Transit area
Source area
At the demand area:
Demand reduction
Stringent prosecution
BRP
case study
Dealing
with adolescents
Action at the
transit
areas
Interventions
Sanauli
experiment of SEWA
AHTUs
Intelligence
+ action
Action at the source area
Addressing
vulnerability
Involving development depts
Involving NGOs
Involving survivors
Police can be catalyst
Tracing missing persons
Annual all - India data of missing persons:
Average of 6 years – 1996 to 2001
Category
Persons
Not Returned
Reported
% Not
Returned
Missing
Women
22480
5452
Children 44476 11008
24.3
24.8
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The AHTU model
Started
by UNODC in 2006 in
the UNODC- MHA Project on
AHT, along with State Police,
in 5 states
The rationale
AHTU: Holistic and integrated model
PREVENTION
PROTECTION
PROSECUTION
69
The AHTU model
The
Process undertaken
Needs Analysis in the field- end user
perspective, local issues relevant
Partner identification: know your teamcore competence + integrity
Empowerment, capacity building by
sustained, focused, professional trg
programme
The AHTU model
The Process in setting up AHTU also included:
Providing
resources- protocol,
handbooks, vehicle, computer,
cells, furniture, contingency funds
Providing networking
Sharing good practices and
experience
Non Expendable Items
Expendable Items
Mobiles
Furniture
Vehicles
Landline
Computers
Resource Materials
The AHTU model
The impact of AHTU
Synergy
by sharing core competence
Best interest of victim ensured- no
victimization
Best outputs on rescue, minor’s rescue,
detention of offenders, expeditious
investigation, prosecution and trial, conviction,
stringent punishment, fining offenders, closing
down places of exploitation etc.
The impact of AHTU
contd…
Crime prevention
Qualitative improvement in police
investigations in other crimes
Improved gender rights
Improved child rights.
Enhanced accountability of
responders
The impact of AHTU
contd…
NGO also as ombudsman
Intelligence from anonymous callers
Public trust enhanced
Help seeking & help rendering up
New partners in action- Corporates,
business houses
New initiatives in rehab- sustained
livelihood options, out-of-the-box
other outputs in the UNODC
Project
Printed resource materials, Handbook,
Protocols, SOPs, Posters, Documentary
Film, Training Manual, Model MOU
National Database of trained Resource
persons and consultants.
National network of Govt + NGO
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MIS model from the CAC of MWCD
Integrated MIS- non availability, urgency
Model developed by me for the CAC of
MWCD
Along with NCRB
States can adopt and make best use of
data monitoring
Excellent tool in ensuring best response
and holistic management of HT
Make the best use of …
These Resource materials, Posters, Film, Hand book
Network
Database
MIS
And invest in the responders
Train, Empower,Facilitate, Reward
Best Resource persons, incl willing victims
Make responders accountable
You can ensure the best in preventing and
combating human trafficking
Need will and commitment. Resources available
The mantra…
You may be just one person in
the entire world,
But you are the entire world to
that personthe trafficked victim
THANK YOU FOR
YOUR KIND ATTENTION
nairpm @ hotmail.com
Tel: 0-9868115515