Measures to combat Human trafficking. Legal Regime (NALSA, New Delhi, 15.11.08)

1. 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: umapathi_sattaru@yahoo.com Cell: 9440700900; 040-23240663

2. THREE ELEMENTS OF TRAFFICKING PROCESS MEANS END 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

3. Trafficking - Organized Crime • Third biggest organized crime in world after drugs and arms trade • It is global – driven by profit • Consumerism – commodification of women and children

4. Plan of Action (PoA) of NHRCBased on action research – August 2004 • Promotion & protection of Human Rights • Formulation of an appropriate Legal Framework • Protection & Support (Rescue, Rehab, & Reintegration) • Prevention of Trafficking • Training, Education & Awareness

5. Characteristics of Trafficking Violence Debt bondage Force Deceit Threat T.I.P Deprivation of freedom of movement Confiscation of Travel documents, etc Dehumanized Forcible addiction to drugs / drink Commercial sexual exploitation

6. 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 • “Law enforcement agencies to take effective measures to investigate, prosecute and adjudicate trafficking , including it’s related activities”- NHRC- Aug-2004

7. Three key characteristics oftrafficking in persons(TIP) T.I.P Violence Loss of free will Exploitation

8. The Three Enemies Illiteracy/ Optionless Poverty/ Vulnerability T.I.P Indifference by Police, Society, PRIs

9. The Problem T.I.P Supply Demand Distribution

10. Estimation of Victims(Average of Govt /NGO / VOCSET Groups / victims of CSE)Source: NATSAP Oct 06 News letter • Other States / UTs = 9 Lakhs = Total : 30 Lakhs

11. NETWORKS OF TRAFFICKERS • 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

12. WHO ARE TRAFFICKRS? • 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.

13. Definitions under ITP Act-1956 • 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. • Prostitution: Sexual exploitation or abuse of persons for commercial purposes and the expression “prostitute” shall be construed accordingly. • Child: Person not completed 16 yrs of age. • Minor: Not completed 18 yrs of age.

14. The Immoral Traffic (Prevention) Act 1956 • 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/-. • Sec.4: Punishment for living on the earning prostitution. Punishable –up to 2 yrs or with fine Rs. 1000/- or both. • 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. • Sec.6: Detaining a person in premises where prostitution is carried on. Punishable - not less than 7 yrs and which may extend for life.

15. The Immoral Traffic (Prevention) Act 1956Contd… • 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. • 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. • Sec. 9 : Seduction of a person in a custody – Punishable not less than 7 yrs and fine.

16. Prevention Protection Prosecution THE STRATEGY (three P’s) T.I.P.

17. The Strategy (Three R’s) Rehabilitation Rescue T.I.P Reintegration

18. Transit Source Destination STRATEGY FOR STAKE HOLDERS INTERVENTION T.I.P.

19. Nomenclature Don’t use words such as CSW, Prostitute etc Use VOCSET (Victim of Commercial Sexual Exploitation & Trafficking) OR Simply --- A Victim/survivor

20. Mumbai Net work of Trafficking Guntur Vishakapatnam East Godavari West Godavari Kadapa Hyderabad Vijayawada Warangal Karimnagar Nizamabad Khammam Vijayawada Hyderabad Mumbai Guntakal Mumbai Hyderabad Mumbai

21. Bhivandi (Thane) Network KADIRI RAYACHOTI MADANAPALLI BHIVANDI SIRICILLA JAGTIYAL NIZAMABAD

22. Yavathmal Network KHAMMMAM KOTHAGUDEM SATTUPALLI YAVATHMAL NALGONDA WARANGAL KARIMNAGAR NIZAMABAD

23. Chandrapur Network NALGONDA KHAMMAM HYD. OLD CITY CHANDRAPUR SIRICILLA ADILABAD MANCHIRYAL

24. Pune Network KADIRI RAYACHOTI MADANAPALLI PUNE RAJAHMUNDRY GUNTUR VIJAYWADA HYDERABAD

25. Delhi Net work of Trafficking Daund Anantapur Bangalore DELHI Hyderabad Guntakal Kadapa Warangal DELHI Tirupathi Vijayawada Chittoor Warangal DELHI Warangal Kurnool DELHI East Godavari Vizag DELHI West Godavari Hyderabad DELHI

26. Kolkata Net work of Trafficking Srikakulam Vizianagaram Bapatla Vizag Vijayawada Kolkota Rajahmundry Ongole Banglore Anantapur Hyderabad Kolkata

27. Goa Net work of Trafficking Rajahmundry Vijayawada Goa Machilipatnam Tanuku Vijayawada Goa Ongole Guntur Goa Medaramitta Kadiri Bombay Goa Hyderabad Goa

28. Chennai & Bangalore Network Hyderabad, Anantapur, Kadapa, Chittoor, East Godavari Chennai & Bangalore Vijayawada Guntur Prakasham Nellore

29. Rescue of victims • 92% victims have not been rescued • 6% have been rescued once • 2.0% rescued twice. ??? Where do we stand ???

30. 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 Sciences-Delhi.

31. Breaking Traffickers’ Networks Rescued victim More rescues De-traumatisation / Interview Counselling More Traffickers T.I.P Interrogate Arrest Traffickers 164 Cr.P.C. statement Before court Obtain NBWs Filing addl. Memo of accused in court

32. 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.

33. The Bonded Labour System (Abolition) Act 1976 (Sec. 374 IPC- Unlawful compulsory in labour) • Sec.10: Implementing Authority: Dist. Magistrate / Sub-Divisional Magistrate. • Sec.16: Punishment for enforcement of bonded labour – up to 3 yrs and fine up to Rs. 2000/- • Sec.17: Punishment for advancement of bonded debt – up to 3 yrs and fine up to Rs. 2000/- • Sec.18: Punishment for extracting bonded labour under the BLS – up to 3 yrs and also fine Rs. 2000/- • 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/- • Sec. 21: Executive Magistrate to conduct trial of offences.

34. 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. The Transplantation of Human Organs Act, 1994

35. Anti Human TrafficProject Outputs Our journey to zero tolerance

36. I. MHA – UNODC Empowerment Programme • 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

37. II. Breaking Networks across the country • 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 Post-rescue with NGO’s, WCD & Others.

38. III. Remand & Speedy trial of traffickers • 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.

39. 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

40. V. Synergy • 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

41. 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

42. VII. Missing persons Vs Trafficking • 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.

43. 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

44. AHT cases for the year 2007 with the year 2006(impact of UNODC interface in proactive policing in Anti Human Trafficking)

45. AHT cases for the year 2008 (up to Sept) with the year 2007(impact of UNODC interface in proactive policing in Anti Human Trafficking)

46. 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.

47. X. Road Map • 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

48. Advantages for Judiciary • 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.

49. Advantages for Judiciary • 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).

50. Things to remember • 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.