Transcript TRAFFICKING FOR WOMEN AND CHILDREN FOR COMMERCIAL SEXUAL EXPLOITATION

TRAFFICKING FOR WOMEN AND CHILDREN
FOR
COMMERCIAL SEXUAL EXPLOITATION
Ministry of Women and Child Development
Government of India
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Introduction
• Trafficking is a organized crime which violates all
tenets of human dignity and rights.
• Trafficking can occur for various purposes-labour, commercial sexual exploitation, organ
trade etc.
• Trafficking is a centre and State subject
• Poverty, illiteracy, lack of livelihood options,
natural/man made disasters makes a person
vulnerable to trafficking.
• India faces both In-country and Cross Border
trafficking.
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Introduction
• Estimate place number of sex workers in
country at 3 million of which 40 percent
are children.
• 90% or more estimated as in-country and
5 to 10% to cross-border trafficking,
reported mainly from Bangladesh and
Nepal.
• Also, there are reports that people from
India are being trafficked to Middle
Eastern countries for domestic help,
manual labour, child marriages etc.
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Constitutional Provisions on
Trafficking
Trafficking in Human Beings or Persons is
prohibited under the Constitution of India. The
specific provisions relates to Article 23 (1) of
the Constitution which is as follows:'Traffic in human beings and begar and other
similar forms of forced labour are prohibited and
any contravention of this provision shall
be
an
offence punishable in accordance with law'.
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International Legal Instruments

Convention on the Rights of the Child (CRC) and its
Optional Protocols (Sale of Children, Child Prostitution
and Child Pornography) [Ratified]

Convention on Elimination of all forms of Discrimination
against Women (CEDAW) [Ratified]

UN Convention Against Transnational Organized Crime
[Signed]

Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Esplly. Women and Children supplementing
above Convention [Signed]
•
Millennium Development Goals (MDGs).
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SAARC
• SAARC Convention on Preventing and
Combating Trafficking in Women and
Children for Prostitution [Ratified].
• SAARC
Convention on Regional
Arrangements for Promotion of Child
Welfare in South Asia [Ratified].
• SAARC Charter where trafficking issues
to be addressed at regional level
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National Legal Framework
• Immoral Traffic Prevention Act, 1956
(being amended)
• Indian Penal Code (select provisions)
• Juvenile Justice ( Care and Protection
of Children) Act 2000
• Child Marriage Prohibition Act 2006
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National Policies and Plans
•
National Child Labour Policy, 1987
•
National Policy for the Empowerment of Women, 2001
•
National Plan of Action to combat trafficking and
commercial sexual exploitation of women and children
(1998)
•
National Plan of Action for Children, 2004
•
Integrated National Plan of Action to Prevent and
Combat Trafficking of Human Beings, with Special focus
on Women and Children (being formulated)—will look
at trafficking for all purposes
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COMMISSIONS
• National Commission for Human
Rights.
• National Commission for Women.
• Nation Commission for Protection
of Child Rights.
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A Multi Pronged Approach to tackle Trafficking
• Legislative Measures
• Enforcement
• Programmes and Schemes
• Training and Capacity Building
• Awareness generation and empowerment
of vulnerable groups.
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AMENDMENTS TO IMMORAL TRAFFIC
PREVENTION ACT, 1956
To protect the victim:-
•New section where Trafficking is defined
• Age of child raised from sixteen years to
eighteen year.
•Deletion of Sections which re-victimized the
victims.
•In-Camera proceedings in court cases to
safeguard privacy of victims.
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AMENDMENTS TO IMMORAL TRAFFIC
PREVENTION ACT, 1956
• New Section 5B which provides punishment
for trafficking in persons
•Enhancement of punishment to traffickers,
brothel keepers, pimps etc.
•If the trafficked victim is a child the
punishment can extend to life.
•New section for punishment for a persons
who visits brothel for sexual exploitation.
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AMENDMENTS TO IMMORAL TRAFFIC
PREVENTION ACT, 1956
Institutional Mechanism:• Setting up of a Central Nodal Authority in the centre and State
nodal authorities in the States for preventing and combating
offence of trafficking.
• Its Functions include :
• Coordination
• Investigation
• Rescue and rehabilitation
• Judicial support
• Cooperation and research training
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Need for demand reduction
• Justification for new Section 5C which provides
Punishment for Visiting Brothel and thus reduces
demand .
• ITPA is an Act against Trafficking which is an
organized crime.
• Growing demand for children even as young as 2
years old
• Poverty and social compulsions t push women
and girls to prostitution
• In spite of NACO promoting condom use in
brothels, clients infected by HIV/and pass it to
their partners.
• Countries like Sweden, USA, UK ,Indonesia have
provisions for demand to be penalized
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CENTRAL ADVISORY COMMITTEE
• High-level Central Advisory Committee to Combat
Trafficking for Commercial Sexual Exploitation
• The members include relevant Ministries/Departments,
State Governments, Law Enforcement Agencies,
International Organizations and reputed NGOs.
• Meets regularly to deliberate on various aspects on
trafficking and advises the Government
• Recent initiatives include Blue Print for Action in the area
of Inter-State Rescue, Prevention, Rehabilitation, Health,
Legislation and Management Information System
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UJJAWALA (RADIANCE OF LIGHT)
A Comprehensive Scheme for Prevention of
Trafficking and Rescue, Rehabilitation and
Re-integration of Victims of Trafficking for
Commercial Sexual Exploitation launched on
4 December, 2007 – ujjawala (access at
www.wcd.nic.in).
To be implemented by NGOs.
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UJJAWALA (RADIANCE OF LIGHT)
The scheme comprises of five components:
i.
Prevention—formation
of
community
vigilance
groups/adolescents
groups,
awareness and sensitization of important
functionaries like police, community
leaders and preparation of IEC material,
holding workshops, etc.
ii. Rescue—safe withdrawal of the victim from
the place of exploitation.
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UJJAWALA (RADIANCE)
iii. Rehabilitation—safe shelter for victims with basic
amenities, counseling, medical care, legal aid,
vocational training and income generation
activities etc.
iv. Half-Way Homes—for phased re-integration.
v.
Reintegration—restoring
family/community
victim
into
the
vi. Repatriation—provide support to cross-border
victims for their safe repatriation to their country of
origin.
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TRAINING AND CAPACITY BUILDING
•
Training of various stakeholders such as NGOs,
Judiciary, Police, Social Workers, Counsellors,
Medical Officers, international delegations,
SAARC etc.
•
Preparation of Specialized Manuals for different
groups
•
A Protocol for Pre-rescue, Rescue and Post-rescue
operations of child victims of trafficking for the
purpose of Commercial Sexual Exploitation
•
Communication
Trafficking.
•
Research studies and surveys.
Strategy
for
Prevention
of
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Integrated National Plan of Action
• A holistic Plan of Action for Prevention and
Combating Trafficking in Human Beings
with Special Focus on Women and
Children (being finalized).
• Address all forms of trafficking (sexual
exploitation, child labour, bonded labour,
organ trade etc).
• MWCD ,Ministry of Home Affairs, Ministry of
Labour, National Commission for Women
and National Human Rights Commission
are collaborating in this effort.
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CROSS-BORDER TRAFFICKING
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SAARC
Regional Task Force meetings
2007 and June 2008 .
held in July,
Major Action Points: -
 Uniform Standard Operation Procedures
developed.
 Sharing of Best Practices.
 Training and
Stakeholders.
Capacity
Building
of
 Common help line
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Repatriation of Cross Border Victims
(Indo-Bangladesh)
 To prepare a Road Map for Streamlining Procedures and
Processes for safe and quick repatriation of cross border victims
between India and Bangladesh. Facilitated by UNICEF.
 Within India, joint efforts of MWCD, MHA, MEA and States of West
Bengal and Maharastra, NGOs and Bangladesh Counterparts.
 Initiatives undertaken to develop a Victim-Friendly Road Map
and Plan of Action.
 Two rounds of consulations with representatives from both
countries.
 Positive response from all representatives.
 A draft Joint Plan of Action and road map has been prepared
for further fine tuning.
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Integrated National Plan of Action
• A holistic Plan of Action for Prevention and
Combating Trafficking in Human Beings
with Special Focus on Women and
Children (being finalized).
• Address all forms of trafficking (sexual
exploitation, child labour, bonded labour,
organ trade etc).
• MWCD ,Ministry of Home Affairs, Ministry of
Labour, National Commission for Women
and National Human Rights Commission
are collaborating in this effort.
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Public private partnerships
• A think tank on public private
partnerships to prevent trafficking
set up in MWCD
• Core group on apparel industry set
up; tourism industry to follow suit
• projects for economic empowerment
being undertaken for vulnerable
groups and victims of trafficking
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OTHER INITIATIVES
An Integrated Child Protection Scheme: • Provides for improved institutional care, quality noninstitutional and alternative care, counselling and family
support, training and capacity building, child tracking
system and website for missing children.
• Will focus on street children, trafficked children, children in
need of care and protection, children in conflict with law,
HIV/AIDS affected children, adoption and foster care issues
and any other.
• Toll free Children’s helpline-1098; women’s Helpline-1091
• Missing Children website being developed
• Swadhar Shelter Homes and Short Stay Homes
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THANK YOU