Victim of Trafficking is a Person Who is:-
1.Transported against her/his will.
2.Forced into any form of sexual trade or forced labour or bonded labour.
3.Taken out & away from their home and sexually exploited.
4.Sold for any purpose.
5.Made to travel to an unknown place on false promise of work, marriage, or better livelihood with unknown/known person.
6.Duped, forced, kidnapped, abducted, blackmailed, deceived for any kind of gain.
Person who is a foreigner (eg. Bangladeshi, Nepali Etc.) being exploited, held against her/his will, forced into prostitution, etc.
Person, who is a minor and being transported, traded, sexually exploited and detained against her/his will.
(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery. servitude or the removal of organs…
Article 3: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organised Crime.
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.
Article 23 (1):- Right Against Exploitation. CONSTITUTION OF INDIA
FORMS OF TRAFFICKING
Social and Religious Forms of Prostitution
(Devdasis, Joginis,Muralis etc)
Drug Peddling and Smuggling
OTHER LAWS THAT CAN BE USED FOR PROTECTION OF TRAFFICKED VICTIM
1.The Bonded Labour System (Abolition) Act, 1976.
2.The Child Labour (Prohibition and Regulation) Act, 1986.
3.The Indian Penal Code – Sections 366A, 366B, 367, 372, 373, 375, 319-338, 351, 354, 362, 339-348, 463-477. Sections 107- 120 can also be applied to trafficking cases.
4.Juvenile Justice (Care and Protection) Act, 2000
5.The Information Technology Act, 2000
6.The Transplantation of Human Organs Act, 1994
7.The Goa Children’s Act 20003
8.The Karnataka Devdasi (Prohibition) Act, 1982
9.The Andhra Pradesh Devdasi (Prohibition) Act, 1982
IMMORAL TRAFFICKING PREVENTION ACT, 1956 (ITP Act)
Some Useful Definitions:
“Child” is a person who has not completed the age of sixteen years.
“Prostitution” means the sexual exploitation or abuse of “persons” (who are generally known as prostitutes in society) for commercial purposes.
“Brothel” – Any house, room, conveyance, or place or any portion of any house, room or place which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes.
“Protective home” means an institution which can be used to place persons who are in need of care and protection, but does not include
· a shelter where ‘under-trial’ are kept in pursuance of this Act. or
· a corrective institution
Trafficking is a Cognizable Offence and is Punishable Offence. It is a punishable offence with 1 Year to life imprisonment and fine
If Crime Against Women If Crime Against Minor
Running or managing a brothel or allowing premises to be used as a brothel or allowing property to be used as a brothel.
1 year to 5 year imprisonment Fine Rs. 2000 While the ITP Act is silent with refernce to minors in this regard, at least the same punishment should apply.
Living on the earnings of prostitution. 2 year imprisonment Fine Rs. 1000 7 year to 10 year Procuring, inducing or taking person for the sake of prostitution. (Buying or selling of human beings.) (Illegal transportation of people across the border) 3 year to 7 year imprisonment Fine Rs. 2000 7 year to 14 year Detaining a person at a place where prostitution is being carried out 7 year to 14 year imprisonment and fine 7 year to 14 year and fine Kidnapping, abduction, inducing, procuring, importing humans for the purpose of illicit sexual intercourse. 3 year to 7 year imprisonment Fine Rs. 2000 (7 year to 14) year Remember: Trafficked victims who are framed as prostitutes and charged with “offence of soliciting” cannot be punished with imprisonment more than 6 month to one year, and cannot be fined more than Rs 500.
WHAT THE POLICE SHOULD DO
During Search, Removal and Rescue
1.If the Special Police Officer or Trafficking Police Officer has reason to believe that an offence under this Act has been committed or is going to be committed, can search that premises even without warrant [sec.15(1)]
2.For verifying and ensuring no discrepancies during the search, police should ensure two or more respectable inhabitants of the concerned area. One member should necessarily be a woman (Sec.-15(2))
3.The Search team should have one or two women (especially women and children) found therein [Sec.15(4)]
4.DO NOT FORGET: Remove all the women detained in the brothel ALONG WITH All the children found therein. (Sec.-15-4)
5.A Police Officer, not below the rank of Sub-Inspector, can conduct rescue with the order of the Magistrate (before passing such an order, the Magistrate must have ground for this) [Sec.16(1)]
AFTER REMOVAL RESCUE
The medical examination should be immediately done for age determination and identification injuries by a Registered Medical Practitioner of all rescued and removed victim. (Registered medical practitioner has the same meaning as in the Indian Medical Council Act, 1956) (Sec.-15-5-A)
The Rescued or removed person should be produced before the appropriate Magistrate. (Sec.-15-5-5)
The Interrogation of victim should be done only by a Woman Police Officer or in the presence of a woman activist from an NGO (Sec.-15-6-A)
Complete care, protection and dignity to the rescued or removed victim should be provided [Sec.17]
The rescued or removed children should be sent to the children homes and produced before the Child Welfare Committee [Sec. 17(3)]
WHAT THE JUDGES CAN ENSURE
Order to rescue a trafficked victim through police who is not less than sub- inspector rank. (Sec.-16-1)
Pass order for SAFE CUSTODY of the rescued or removed person. (Sec.-17-3)
Rescued or removed person can be sent to the protective home. (Sec.-19) Verify the genuineness of parents/guardians/husband through a reputed organisation before handing over the rescued or removed victim to them/him. (Sec.-17-A)
Direct the Probation officer to make a rehabilitation plan. (Sec.-)
WHAT THE STATE SHOULD DO
Appoint Special Police Officers or trafficking officers in each area a who shall not be below the rank of inspector (Sec.-13-1)
Form Advisory committee consisting five social activist including women to advise the Special Police Officer (Sec.-13-4)
Establish licensed protective homes and corrective institutions. (Sec.-21)
Maintain protective homes and corrective institutions with appropriate technically qualified persons, equipments and other facilities. (Sec.-21)
Both central and state governments can establish special courts after consultation with the concerned High court for speedy
Vishal Jeet vs. Union of India (AIR 1990 SC 1412, (1990) 3 SCC 318,)
States and other law enforcing agencies should take appropriate and speedy action to eradicate child prostitution. Governments should set up advisory committees to make suggestions to make rehabilitation programs and steps to rehabilitate the child victims. State should ensure that proper care and protection is provided to the girls and children. State should devise machineries of their own to ensure that the programs are properly implemented. State should set up an advisory committee to look at the customary practices closely. Prerana vs. State of Maharashtra and others. (Citation: 2003 BomCR(Cri), (2003) 2BOMLR562, 2003(2) MhLj105) Children rescued from brothels should be treated as “children in need of care and protection” under the Juvenile Justice (Care and protection of children) Act, 2000; No Magistrate can exercise jurisdiction over any person under 18 years of age irrespective of the fact whether that person is a juvenile in conflict with law or a child in need of care and protection. When such a person is found to be under 18 years of age, the magistrate must transfer the case to the Juvenile Justice Board or Child Welfare Committee as required. Any juvenile rescued from a brothel or found soliciting in a public place should only be released after the Probation Officer has completed an inquiry. No advocate can on its own appear before the Child Welfare Committee on behalf of a juvenile after being rescued under the Immoral Traffic (Prevention) Act, 1956 or found soliciting in a public place. Only the parents/guardian of such juvenile should be permitted to make representations before the Child Welfare Committee through themselves or through an advocate. The said juvenile should be released only to care and custody of a parent/guardian after they have been found fit by the Child Welfare Committee for the same. If the parent/guardian is found unfit to have the care and custody of the rescued juvenile, the procedure laid down under the Juvenile Justice (Care and Protection of Children) Act, 2000 should be followed for the rehabilitation of the rescued child.
A lawyer representing the accused should not represent the victims.
ELDERLY PEOPLE RIGHT:-
- “Old Age” is usually associated with declining faculties, both mental and physical, and a reduction in social commitments (including sport participation) of any person. The precise onset of old age varies culturally and historically. It is a social construct, rather than a biological stage. The persons in India, who have attained the age of sixty years and above, are defined as elderly for the purpose of availing old age benefits.