Combating Trafficking

a
presentation
By
Dr. K.P. Singh, IPS
DGP (Crime), Haryana

20 January , 2015

Panipat

Human Trafficking
is
as prevalent , present & real
as
Earth, water and air

REASONS BEHIND
HT
Prostitution
Religious Traditions
Labor Exploitation
Organ Trading
Begging , Entertainment
Adoption
Marriages
Pornography
Enmity
3

HUMAN TRAFFICKING IS A
REALITY
ekuo rLdjh ,d gdhdr gS

2nd largest criminal industry after

drug trafficking.
2.70 crore people are victims of HT
world wide.
95 % experience physical or sexual
violence
40 lac prostitutes in India

ekuo rLdjh ds fo:} tax

fu.kkZ;d lkfcr ugha gqbZ
gSA
Combating Trafficking has been a
non-priority , neglected and unimportant
area for
the police, the people and the society

euq"; xqyke ugha cuuk

pkgrk]
ij] xqykeh ilUn djrk gSA
Man does not want to become
slave
but likes slavery and servitude

HUMAN TARFFICKING
ekuo rLdjh dh ifjHkk"kk
Traffic in human being means selling and
buying men and women like goods.
'kjhj vkSj Je ds 'kks"k.k ds fy, xktj&ewyh dh
rjg
euq";ksa dh [kjhn&Qjks[r djuk gh ekuo
rLdjh gSA
Raj Bahadur Vs. Legal Remembrance

AIR 1953 Cal. 522

7

SECTION 370 IPC - TRAFFICKING

OF PERSON

ekuo rLdjh dh dkuwuh

ifjHkk"kk
(1)
Whoever,
for
the
purpose
of
exploitation, (a) recruits, (b) transports,
(c) harbours, (d) transfers, or (e)
receives, a person or persons, by
First using threats, or
Secondly- using force, or any other form of
coercion, or
Thirdly- by abduction, or
Fourthly- by practicing fraud, or deception, or
Fifthly- by abuse of power, or
8
Sixthly- by inducement, including the giving

rLdjh ds fkdkj yksxksa

dk 'kks"k.k
1. Whoever, knowingly or having reason to believe that
a minor has been trafficked, engages such minor
for sexual exploitation in any manner, shall be
punished with rigorous imprisonment for a term which
shall not be less than five years, but which may
extend to seven years, and shall also be liable to
fine.
2. Minimum of 3 years to 5 years and fine in case9 of
exploitation of an adult trafficked person.

LEGAL TOOLS FOR

COMBAT

ekuo rLdjh ls tqM+s

dkuwu

- IPC sections 370,370-A, 363,373 & so many

others
- PITA 1986- Immoral Trafficking
- Juvenile Justice Act 2000
- POCSO, 2012
- Child labour prohibition Act, 1976
- Child Marriage Restraints Act, 1929
- Indecent Representation of women Act
10
1986

ekuo rLdjh ds fo:}

vk/kh&v/kwjh tax

11

ROOTS OF HUMAN
TRAFFICKING

Human trafficking is economy driven &

demand generated .
Demand &Supply nexus D;ksafd
xjhch cktkj ltkrh gS A
vkSj
Poverty
vehjh mu cktkjksa dks
Illiteracy and Unemployment
xqytkj djrh gSA
ekuo rLdjh &
Bad governance
fMekaM&lIykbZ dk rkuk
eqQfylh dk jksuk&/kksu
Skewed Development
O;oLFkk dh ukQjekuh g
Gender based violence
lekt dh ekSu Lohd`fr gS
Demand for the victims dkuwu dh Hkwy&HkqyS
O;fDr dh tqjZr gSA
Poor enforcement of laws ihfM+r dh O;Fkk gSA
Lack of concern and indifference of the
society
12

Dimensions of HT in India
Hkkjr esa ekuo rLdjh ds vk;ke
- Supplier (Gulf Countries)
- Transit point (For Nepalis and Bangladeshis)
- Receiver (From Nepal and Bangladesh)
Indian share in victims of HT world over is 4.7 %

Young Boys and Girls are trafficked from economically under develop areas
to economically well off states within India.

COMBATTING HUMAN
TRAFFICKING
ekuo rLdjh ds fo:} tax dk
f=dks.k
Prevention

Protection
Prosecution
14

COMBATING HT FOR PROSTITUTION

Three Models
Suppression : To wipe out (American Model)
Regulation : Accept inevitability of prostitution
and direct to prevent and minimize its evil effect
(British Model)

Abolition : Of all control

It recognizes prostitution as a trade/profession and
abolish all restriction and control.

15

COMBATING PROSTITUTION: PHILOSOPHICAL

CONTOURS

16

ISSUES IN COMBATTING
TRAFFICKING
1.
Laws are potent, enforcement
is weak
dkuwu etcwr] fdz;kUo;u detksj]

Police not catching the traffickers

Role ambiguity- moral policing vs law enforcement
Treating victims as offenders
Prosecution & Judiciary not properly sensitized
Not enough mechanism and infrastructure
Rohtak Apna Ghar incident
90 % of the rescued victims have no option but to
get re-trafficked
17

2. SOCIETYS MIND SET

Not ready to accept victims of human
trafficking as equal human beings worth reintegrating with society
Response of stake holders has been
unwelcoming generally with few
exceptions

18

Family Response
Weep
Curse
Forget &
Hate

19

Police Response
Take
Make
Fake &
Forget

20

Societal Response
Joke
Mock
Laugh &
Hate

21

Protection Home Managers Response

Receive
Deceive
Abuse &
Dispose

22

NGOs Response
Discovery
Recovery
Custody
Study
Publish &
Rubbish
23

Ideal Response
Suppress
Prevent
Educate
Regulate
Rehabilitate &
Re-integrate

24

3. CHANGE APPROACH TOWARDS

COMBATING PROSTITUTION
tax dh uhfr cnyuh pkfg, ?
fMekaM &lIykbZ dk dqpdz rksM+uk

Break demand-supply nexus

Make prostitution per se an offence &
customer liable
Attempt in 2006 to amend PITA failed
Do we have the mechanism &
infrastructure to rehabilitate and
reintegrate 40 lac sex workers ?
25

4. BREAKING DEMAND SUPPLY

CIRCLE (REDUCING DEMAND)
fMekaM dk dqpdz rksM+us dk ldkjkRed
lk/ku

Improve male-female sex ratio

Proper enforcement of MTP & PCPNDT Laws
Educating the masses about importance of girl child
Strengthening moral fiber of the society

Sex-ratio(0-6) age group- all India- 919, Haryana834, improved by 10 points in last decade
26

5. BREAKING DEMAND-SUPPLY
NEXUS
(REDUCING SUPPLY)
lIykbZ dk dqpdz rksM+us ds
ldkjkRed lk/ku

Rehabilitation of children of sex workers

Reintegration of rescued sex workers
Post work rehabilitation of sex workers
Rehabilitation and reintegration of active sex
workers
Ujjawala scheme of Govt. of India
27

Combating HT for Labour

Exploitation
Je 'kks"k.k ds fy, ekuo&rLdjh ds fo:} tax
Laws are strict, enforcement is weak
Demand in every middle class family & in small time
business
Mushrooming of placement service agencies
How to improve enforcement machinery, Non-priority area
Rehabilitation of the victims, lack of infrastructure
Public to be awakened for not employing children
Disabilities of civil nature for industries employing child
labour
Enforcement of Right to education laws
Definition of child needs revisit
Zero tolerance on child labour

COMBATTING TRAFFICKING FOR

MARRIAGES
Trafficked for marriage, re-trafficked,
re-trafficked and so on
Breaking the nexus of re-trafficking
Strict action against traffickers
Such trafficked women become facilitator
Trafficked women are treated second rate
citizen
Protection of civil, personal and social
rights of the trafficked brides and their offsprings
29

TRAFFICKING FOR ORGAN TRADE,

BEGGING RECREATION,
PORNOGRAPHIC PURPOSES

Laws are strict

Law enforcement agencies
need to be educated and
geared up
Focus and priority
30

WHAT IS LACKING?
deh dgka gS ?

Orientation
(n`f"Vdks.k )
Competency
({kerk )
Will power
(bPNk&kfDr )
Public co-operation
(tu≶ksx )
Focus
(ladsanz.k )
Supervision and monitoring
(i;Zos{k.k ,oa leh{kk )
31

lgL=kfCn;ksa dh dqizFkk,a ,d fnu esa

lekIr ugha gks ldrhA

Way ahead
lq>ko
NCRB to collect data
Anti-Human Trafficking Bureau for quality
investigation
National Portal on HT where citizen can upload
pictures and information about trafficked person
Continuous public awareness campaign
Create adequate infrastructure for rehabilitation
and re-integration of victims of HT as per PITA, JJ Act
etc.
Central legislation for preventing religious
prostitution & begging

 Improve Sex Ratio,

Research should be encouraged in the
Universities
Involving civil society,for identification &
rehabilitation
Enforcement of existing laws to be
ensured.
Accountability of all law enforcement
agencies including Police , Labour deptt,
Social Welfare deptt, Health deptt etc. should
be fixed for inadequate enforcement of law.

Remember
var
esa
Human life is a gift of our Creator and it
should never be for sale.
-President Bush

ekuo thou fo/kkrk dk ojnku gS ] bls

er cspksA bls fcdus er nksA

Remember
var
esa
Human Trafficking is a degradation of
our common Humanity
- Barrack Obama

ekuo&rLdjh ekuo ds iru dh

nkLrku gSA

Remember
var
esa

Civilization
can
not
sustain
unless justice is given to every
soul.
fonzksg dk vadqj vU;k; dh
i`"BHkwfe esa gh vadqfjr gksrk
gSA

38

39