Anti Trafficking Police Officer Action against Trafficking and Sexual Exploitation of Children (an NGO network)



Central Bureau of Investigation Community Based organization Criminal Procedure Code Commercial Sexual Exploitation Child Welfare Committee (Constituted under the JJ Act


District Magistrate Delhi Special Police Establishment (CBI) Family Counseling Centre First Information Report (Registered at the PS) International Non-Governmental Organization The Indian Penal Code Immoral Traffic (Prevention) Act 1956. The Juvenile Justice (Care and Protection of Children) Act, 2000



Judicial Magistrate Metropolitan Magistrate



Non governmental organization National Human Rights Commission Police Station Panchayat Raj Institution. Prosecution witness South Asian Professionals against Trafficking Section of a particular law. Sub Divisional Magistrate Sub Inspector of Police Special Police Officer (notified u/s 13 ITPA) Scene of Crime Under Section (of a particular law) United Nations Development Fund for Women


Defining Trafficking
The definition of trafficking can be found in the various sections of ITPA. Section 5 speaks about procuring, taking and even inducing a person for the sake of prostitution. According to this section, even attempt to procure and attempt to take or cause a person to carry on prostitution amounts to trafficking. Therefore trafficking has been given a broad scope. A detailed definition of trafficking is available in the Goa Children‟s Act 2003. Though it is

focused on child trafficking, the definition is comprehensive. Under section 2 (z), child trafficking means the procurement, recruitment, transportation, transfer, harbouring or receipt of persons, legally or illegally, within or across borders, by means of 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 giving or receiving payments or benefits to achieve the consent of a person having control over another person, for monetary gain or otherwise. The problem of trafficking in women has been addressed at the international, regional and national levels. Before the creation of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in October 2000, international treaties referred to trafficking without defining or clarifying whether trafficking includes all forms of sex work. For example, Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women states "All Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women." There was little agreement in the international community about how trafficking should be defined. In early treaties, trafficking was often synonymous with the trade in women for prostitution. Later, the term "trafficking" was also used to describe the smuggling of male and female migrants over borders for economic gain. In the late 1990's, the Organization for Security and Cooperation in Europe (OSCE) pointed out that despite divergent definitions, there is a growing agreement that the problem of "trafficking in human beings" involves two key elements recruitment/transport and forced labor or slavery-like practices. Moreover, most experts agree that trafficking should be defined as involving deception or coercion of some kind.


contracting. etc. Therefore. but could also occur in places including a residential dwelling. coerced and threatened. Some women are deceived. Immoral Traffic (Prevention) Act 1956 (ITPA) prostitution becomes an offence when there is commercial exploitation of a person. for sexual exploitation under the facade of bar tending. This is a vicious cycle. and the relationship between prostitution and trafficking for sex purposes is complicated. escort services. Prostitution Trafficking does not mean prostitution. Such women may be trafficked into work at strip clubs as waitresses or as dancers. etc. These women have never before worked as prostitutes and generally do not know what is happening until they find themselves being forced to take clients. 4 .Trafficking vs. it amounts to commercial sexual exploitation (CSE). The commercial sex industry takes many forms. massage parlours etc. They are not synonymous. friendship clubs. ITPA envisages only trafficking for CSE. which then leads to situations of forced prostitution. promotes and perpetuates trafficking. If a woman or child is sexually exploited and any person gains out of the same. Other women who have never before worked as prostitutes may suspect that they will work in the sex industry if they arrange their employment with a trafficker. Some women are trafficked directly to brothels. Trafficking is the process of recruiting. Therefore a police officer who is acting under ITPA has powers to take steps in all such situations where trafficking leads to or is likely to lead to CSE in any form. The „demand‟ in CSE generates. Trafficking could also be a means for other types of violations such as for developing pornographic material. one should delink it from prostitution. bar tending. tourist circuit. procuring or hiring a person for CSE. Commercial activity need not be in a brothel. for promoting sex tourism. As per the existing law. coerced. where they are held against their will. or even for exploitative labour where sexual abuse may or may not coexist. drugged or kidnapped before being trafficked for commercial sex purposes. including those under the facade of massage parlours. Women who work as prostitutes in their home countries also willingly travel to other countries because they believe they will earn more as sex workers abroad. a vehicle. trafficking is a process and CSE is the result. which is a legally punishable offence wherein the culpability lies against all exploiters. In understanding trafficking.

Catalogs of mail order brides. 5 . If they do escape. Because there is still scant regulation of the Internet. Many women and girls are at the mercy of brothel owners and pimps because they cannot speak the language or are unfamiliar with local customs. The information superhighway is used to actively engage in the buying and selling of women and children. in particular into commercial sex work. Women will travel to another country. the traffickers and promoters of sexual exploitation have virtual carte blanche. lack of real employment and educational opportunities for women and girls. sell women into a form of sexual servitude though the mail-order bride industry. Wired. and the resulting punishment can include severe injury or even death. increased millitarization of specific regions after conflicts and the expansion of transnational crime push women toward work in the commercial sex industry and to situations where they are at risk of being trafficked. believing that they will be married and are then forced into prostitution when they arrive. combined with male perceptions about woman's societal role. physical and sexual assault and imprisonment to control women. Factors of both supply and demand promote the growth of trafficking. and worse. Few women successfully escape from trafficking. the terrible conditions under which they are generally forced to work violate their fundamental human rights. such factors as women's weaker economic position. in fact. Sex Trafficking In Women And Children. Traffickers also use threats of harm to the victim herself or to her family. Even some seemingly legitimate enterprises. lead to exploitation of women and girls. According to Vanessa von Struensee "The Internet has become a vast resource for promoting the global trafficking and sexual exploitation of women and children. Male demand for the services of sex workers." From Globalized. commercial sex tours. they may be caught by the traffickers. Women and girls may be trafficked into Internet pornography. Women are often trapped because they do not have the legal documents necessary to travel beyond the border. such as matchmaking organizations may. video-conferencing bringing live strip shows to the Internet: it is all there. On the "supply" side.Regardless of how women become involved in trafficking and prostitution.

The trafficked victim is exploited as if she is a commodity. let alone move out. An example will clarify the point. one village to another. They may share a part of the revenue with the victim too. criminal intimidation. manages to get the mother to agree to allow the teenager to be used for CSE. abetment etc. etc. In this basket one can dig out the elements of abduction. one district to another.The offence of trafficking essentially has the following ingredients Displacement of a person from one community to another . This displacement is adequate to constitute trafficking. rape. grievous hurt. servitude. kidnapping. hurt. or latent. Therefore. outraging modesty. is dictated by the exploiters. selling and buying of human beings. the fact that she has been trafficked to CSE does not alter her status as a victim. illegal detainment. It is a basket of crimes. The exploiters generate revenue out of the exploitation. Exploitation of the trafficked person. where it takes place under the facade of a legitimate commercial activity. The trafficked victim. one state to another or from one country to another. illegal confinement. Even if she gets a share of the „earnings‟. should never be treated as an accomplice. whose freedom even to think. Trafficking an organized crime? Human trafficking is a crime of crimes. by duress or bribe. The victim who is getting a share of the money generated is often „branded‟ as an accomplice and arrested/chargesheeted and even convicted. the teenager has been moved out of the mother‟s community and into the brothel community. Presume that the brothel keeper controls several young women who are inmates and that one of the women has a teenage daughter staying with her. dance bars. The process of exploitation may be manifest. sexual assault. If the brothel keeper. unnatural offences. as in a brothel. Commercialization of the exploitation and commodification of the victim. Displacement is also possible within the same building. The displacement could be from one house to another. The ITPA and related laws envisage sexual exploitation of the trafficked person. multiple abuse and abusers located at different points of time and place together constitute the organized crime 6 . criminal conspiracy. as in certain massage parlours.

Traffickers primarily target women because they are disproportionately affected by poverty and discrimination. a trafficked person could be a male or a female of any age who has been trafficked for CSE in a brothel or any place where CSE takes place. threats and other forms of coercion. Therefore. Trafficking affects all regions and the majority of countries in the world. but the primary victims worldwide are women and girls. there is no doubt that trafficking is an organized crime. In the destination countries. educational opportunities and other resources.5 ITPA) and related laws. only to find themselves held against their will and forced into prostitution and sexual slavery. waitresses. Both men and women may be victims of trafficking. even before the person is physically trafficked. which impacts the availability of satisfactory employment in many countries for women more severely than men. Other women answer job advertisements for positions abroad such as dancers. sexual assault and rape. Therefore. women are subjected to physical violence. factors that impede their access to employment. ITPA provides punishment even for attempt to traffic a person.of trafficking. In the context of ITPA (S. Several common characteristics of trafficking in women are following. work permits. Women may become victims of trafficking when they seek assistance to obtain employment. Trafficking in Women Trafficking in persons is an increasing problem that involves both sexual exploitation and labor exploitation of its victims. the majority of whom are trafficked for the purpose of sexual exploitation. visas and other travel documents. Women may go abroad knowing that they will work in the sex industry. imprisonment. 7 . denial of access to justice. the law comes into operation. deprivation of basis rights and dignity etc constitute other part of the exploitation. and nannies. battery. Traffickers prey on women's vulnerable circumstances and may lure them into crime networks through deceit and false promises of decent working conditions and fair pay. denial of justice. A host of human rights violations like denial of privacy. Sex and labor trafficking of women is a complicated phenomenon with many forces that affect women's decisions to work abroad. Perhaps the strongest factor is a desperate economic situation. but without awareness of the terrible work conditions and violence that accompany the trafficking business.

particularly women and children. impacts nearly every country. Furthermore. carrying out or otherwise facilitating the illicit transit of persons. • There is evidence that the fewest trafficking-related human rights abuses occur at the women's places of habitual residence. however. that is transferred within or across national borders from their place of habitual residence. and the problem has increased in recent years. servitude or slavery-like conditions as a result of being trafficked. • Any of the women trafficked for work in the sex industry are subjected to human rights a buses directly resulting from being trafficked. • Trafficking in women reaps huge financial profits for the traffickers and has. • The majority of trafficked women find themselves trapped in debt the sex industry. HOW COMMON IS TRAFFICKING IN WOMEN? Trafficking in persons. the methods by which such statistical data are 8 .• Women constitute a large proportion of the overall number of people trafficked. • One of the reasons ultimately driving trafficking in women is demand for their employment be it voluntary or coerced . • The illicit movement of women takes place at the hands of traffickers. victims are often reluctant to report or make the fact of the violence known publicly. while such abuses often commence at transit locations. it is difficult to determine the precise magnitude of the problem of trafficking in women. therefore. media reports frequently give estimates of numbers of women trafficked into the commercial sex industry for various regions and countries. seen an ever-increasing involvement on the part of international organized crime. loosely defined as people profiteering from organizing. Because of its hidden nature. On the other hand. Such statistics vary widely and are frequently unreliable or inaccurate. and they become more prevalent at the final destination. As is the case with other forms of violence against women.

men. but nevertheless have contributed to this problem in some regions. The United States Department of State Trafficking in Persons Report for 2002. The various factors that contribute to trafficking are sometimes categorized as "supply side" factors. such as the feminisization of poverty. and statistics are generally not disaggregated by the sex of the victim.gathered are seldom included. Effective strategies to eliminate trafficking necessarily involve addressing the multiple factors that contribute to trafficking in women. The number of women living in poverty has also increased 9 . For example. do not fit neatly into either the "demand" or "supply" side of trafficking. and possibly as many as four million. While this analysis is useful in explaining the complex nature of trafficking. Of the world's poor. a large portion are women.000. sold. women and children worldwide were bought. and "demand side" factors. such as weak border controls in destination countries. The United Nations Population Fund states Statistics about trafficking are unreliable for a number of reasons. including the clandestine nature of the activity. an increase in military personnel in a specific region also increases the "demand" for women to be brought from outside to work in the commercial sex industry. trafficking is a result of women's unequal economic status. notes Over the past year. such as military conflict. Adding domestic trafficking would bring the total much higher. transported and held against their will in slave-like conditions. However. which may encourage trafficking across borders. at least 700.000 to 2 million women are trafficked across international borders annually. internal conflicts force people to leave their home country. to perhaps 4 million persons per year. It is usually a combination of factors that push women and girls into situations in which they are exploited and become victims of trafficking. On the other hand. Some factors. FACTORS THAT CONTRIBUTE TO TRAFFICKING IN WOMEN Many factors compel women to seek employment outside their home country. rough estimates suggest that between 700. Economic Factors At its core. the factors that play a role in trafficking are actually interdependent and interconnected.

Summary of the Report of the Rapporteur. Women. is estimated to generate gross earnings of between five and seven billion USD annually. According to a 2000 report by the U. In most of the major recent trafficking cases in the United States. Women also disproportionately experience sexual harassment in the workplace. the traffickers made anywhere from one to eight million [USD] in a period ranging from one to six years. From. Central Intelligence Agency (CIA). Typically. 10 . the transition has meant they are less economically independent than they were previously.S. By some estimates. which includes trafficking. Immigrant smuggling. Finally. In the employment setting. IOM Seminar on International Responses to Trafficking in Migrants and the Safeguarding of Migrant Rights (1994). All of the countries in Central and Eastern Europe and the Commonwealth of Independent States are experiencing dramatic economic and political transitions as they have moved from centralized economies to free market systems. The economic disparities that exist both within and between countries are another factor that promotes trafficking. Trafficking takes place from low-income countries to high-income countries. where the demand for cheap and low status labor exists. International cooperation in fighting illegal immigration networks. This situation forces many women to look abroad for work and makes them particularly vulnerable to exploitation. trafficking is the fastest growing source of profits for organized crime rings. women have been negatively impacted by high unemployment rates and the loss of social programs that existed in the past. For many women in post-Soviet countries.disproportionately to the number of men. more frequently than men. Women's lower economic status is worse in countries undergoing economic transition. Women also face discrimination that limits their employment opportunities. women are often the first fired and last hired. have the additional economic burden of caring for children. traffickers target women and girls who are economically disadvantaged in their home country or region and transport them to wealthier countries or regions that can support the commercial sex industry. trafficking in women has proven to be a lucrative business that has become a significant source of income for organized crime enterprises. While there is tremendous variation in how individual countries in this region have experienced the transition.

Regulating the Global Brothel. the women are kept in poor.Traffickers profit from the sale of the trafficking victim and also exploit the women themselves. where women cannot receive the protection of labor codes. The fee is usually around USD $900 for women from the Newly Independent States and Central Europe. The trafficking of women into the commercial sex industry is primarily to countries in which prostitution and the provision of other sexual services are either tolerated or legal. Other advocates take the approach that the harmful effects of prostitution are related to the fact that it is often stigmatized and relegated to the informal sector. The CIA also notes. Kvinnoforum. such as legislation and ending government corruption. transportation. however. and incidentals. created a resource manual for NGOs working on the issue of trafficking titled A Resource Book for Working against Trafficking in Women and 11 . as men's sexual exploitation of women that is always harmful. crowded conditions. comprehensive policies that address the demand for sexual services are necessary. In her article. a Swedish Women's Forum that operates Q-Web. Some women's advocates. and education campaigns directed at women and girls who might be at risk for trafficking. Leah Platt argues that women who chose to travel to work as prostitutes are part of a larger phenomenon of the feminization of migration and that women who decide to sell sexual services should be afforded the same basic protections as they would in other forms of work. It is also common for trafficked women to be charged to buy their passports back. lodging. travel documentation. Regardless of the approach one takes to prostitution in general. Demand for Women's Sexual Services Much of the work being carried out internationally to combat trafficking focuses on the need to address the unequal economic relations between men and women. in any form. Traffickers typically charge the women inflated prices for securing the alleged jobs. In brief. Preventative work usually involves either reform of the political system. some women's activists view prostitution. meals. To increase profits. a women's network. The issue of male demand for sexual services often becomes confused with debate over the legitimacy of prostitution as a form of work. argue that the missing dimension to effectively address trafficking is male demand for women's sexual services.

Likewise. border control and immigration must receive specific education and training to effectively work against trafficking. a government's national immigration policy can inadvertently impact trafficking routes. Many national governments do not provide this type of support for government servants. The connections between national government practices and trafficking vary. a government may lack legislation on trafficking or existing regulations may be out-dated and thus ineffective in addressing the problem. in part. Many countries lack the capacity to respond to trafficking. In the middle of the continuum. Government Policies and Practices Trafficking in women persists. Combating organized crime at this level requires sophisticated investigation. particularly in the case of trafficking perpetrated by transnational crime rings. The Resource Book includes research which found that the demand for sexual services is an issue of attitudes that vary in its expression in different parts of the world but that can be addressed. either due to infrastructure weaknesses or lack of material resources. immigration and social welfare agencies. many governments have not implemented national policies that coordinate the work of the various branches that deal with trafficking. especially those involved in law enforcement. Related to the lack of legislation. government inaction and lack of attention to the matter make it possible for trafficking to exist. At the other end. Weak border controls and untrained immigration officials make it possible for victims of trafficking to be transported both through transit countries and to 12 . Government policies and practices may actually facilitate trafficking.Girls-Baltic Sea Region. due to the fact that many national governments neither control nor prevent the problem. The Kvinnoforum study suggests that general educational and public awareness programs may be effective in changing male attitudes about women and commercial sex work and in protecting potential victims of trafficking. government agencies. corrupt government officials may be actually involved in the trafficking process. monitoring and prosecution procedures as well as constant cooperation with colleagues in other countries. At a minimum. including law enforcement. At one end of the continuum.

(b) places of transit and (c) places of exploitation.3. Non-governmental organizations have raised concerns about reports of government officials demanding bribes from trafficking victims in order to begin investigation. The hoteliers or persons in charge of hotels. On the other hand. In such situations.1 ITPA) persons who allow premises to be used as a brothel (S. Therefore the list of exploiters includes the following: The brothel in charge and other exploiters in the brothel or the final place of exploitation which would also include: The brothel madam or the person in charge of the dance bar or massage parlour or such other place where exploitation takes place. Traffickers and other exploiters Trafficking is an organized crime. Government corruption may take the form of receiving bribes from traffickers or profits from the trafficking industry. Strategies for fighting government corruption can include the creation of internal affairs departments within the government structure as well as prosecution of members of the government who are found to have been complicit in trafficking. This includes keepers of places/vehicles used as a brothel (S.destination countries without detection.7.6 ITPA) and those who allow public places to be used for prostitution (S. There are several persons involved at several places. The managers and all other dramatis personae in such places. starting with (a) place of recruitment. police officers.2 ITPA). individual government officials. police colluding with traffickers to return women to brothels and of border guards assisting in the abduction of women.3. court officials. participate in or benefit directly from trafficking. such as border guards. cooperation with traffickers or refusing to provide trafficking victims with assistance. In extreme cases.2 ITPA) persons who detain victims in brothels and other places of exploitation (S. strict border controls and entry requirements limit the possibility of legal migration. and the agencies themselves are often fronts for traffickers. women seek out agencies that will aid them to travel. etc where exploitation takes place. 13 .

the harbourers and those who provide shelter are also part of the racket. 6. The hotelier who profits from the exploitation of girls is undoubtedly an accused u/s 4 ITPA. The financiers: All those who finance the various processes involved in trafficking are part of the nexus. transportation. even partly (S.The customer or clientele. 4. According to the ITPA. Those who are living on the earnings of CSE: Any person who knowingly lives. The transporters.4 ITPA). those who conspire to allow any premises to be used as a brothel (S. 7. therefore liable under ITPA and other laws.5) are all considered conspirators. This includes all those who have a share in the illegal benefits derived from the exploitation. Only professional investigation can expose the linkages involved and bring all such persons to book. The financiers who lend or collect money from the brothels (or hotels) and do business out of such transaction are also liable under this section. the purchaser. who is the abuser of the trafficked woman. the agent or anybody acting on their behalf. 5. followed by an overt act in pursuance thereof. If there is a meeting of minds. He is the one who perpetuates „demand‟ and CSE and is. The abettors: All those who abet or support the exploitation or any process involved in trafficking are triable under ITPA (sections 3. the seller. and even those who indulge in money lending and borrowing at the brothels. undulated and not always apparent at first glance. stay. This may include those who finance recruitment. is undoubtedly. accommodation. read with Chapter V of IPC dealing with abetment of offences). The spotter. the law of conspiracy (S120 B IPC) is attracted. several persons conspire at the various stages involved in the process of exploitation. thereby constituting a case of conspiracy. an exploiter. 3) or those who live on the earnings of exploitation. the list of exploiters and abusers is inevitably long. the recruiter. CRIMINAL ACTS AND RIGHTS VIOLATIONS ON THE TRAFFICKED PERSONS 14 . 9 ITPA. on the earnings of prostitution is liable (S. Therefore. or those who procure or induce or take the person for prostitution (S. All conspirators: In nearly all trafficking situations. wholly or partly.4). the contractor.

Criminally intimidated (S. harms and crimes that are committed by various persons on a trafficked victim. 351 IPC). Defamed (S 499 IPC). and is under 21 years of age . Sold by somebody (S. Subjected to criminal force (S.372 IPC). the unheard story will reveal a long list of violating acts perpetrated on her.373 IPC). These violations can be realized only during a careful interview of a trafficked person. Mentally tortured/harassed/assaulted (S. It would be appropriate here to list out the wrongs.506 IPC). 15 . Bought by somebody (S. 365. 362.366 B IPC). 350 IPC). Once the victim is allowed. facilitated and promoted to speak. Subjected to perverse sexual exploitation („unnatural offences‟) (S. there is no proper understanding of the seriousness of trafficking. Wrongfully restrained (S. or even from J & K State.366 A IPC). Physically tortured/injured (S. trafficking is usually confused with prostitution and therefore. which tantamounts to kidnapping/ abduction (Sections 361.In the existing scenario. Raped/gang raped/repeatedly raped (S 375 IPC). She has been? Displaced from her community. Imported from a foreign country (if she hails from a foreign country. violations. As a typical example.377 IPC). Outraged of her modesty (S 354 IPC). under the Indian Penal Code.S.327. Wrongfully confined (S 340 IPC). 329 IPC). a trafficked girl child has been subjected to a multitude of violations.339 IPC). 366 IPC may apply). Procured illegally (S.

Detaining a person in any premises (brothel or any other) where prostitution is carried out . 5 ITPA). 8 ITPA. in the vicinity of public places (which includes hotel. This means that the offence of homicide/murder is also attracted. The list includes the following: Deprivation of the right to life (slave-like conditions).S.374 IPC). in every case. If the victim has been subjected to miscarriage then the liability of the offender falls under the Sections 312 to 318 IPC. Living on earnings of prostitution (even partly) .S.S. Victim of criminal conspiracy (S 120 B IPC). Oftentimes victims become pregnant as they are subjected to non-protective sex. the trafficked person is a victim of at least one or more of the violations listed above.Subjected to unlawful compulsory labor (S.S. trafficking or taking persons for the sake of prostitution (S. This list is only illustrative and not exhaustive. 6 ITPA. Procuring. 3 ITPA. vehicles. There are so many Human Rights violations that take place on trafficked person.S. In some cases. The offences envisaged under the ITPA are specific to the context of CSE. 9 ITPA. Seducing or soliciting for the purpose of prostitution in any public place or within sight of a public place . or anybody with whom such prostitution is carried on.4 ITPA. etc) S. the process of exploitation has proven fatal wherein the victim succumbs to the direct effects of the harm or to the consequential problems arising thereof. 7 ITPA. Even attempt to procure or take would constitute the offence. Deprivation of the right to security. Anybody who carries on prostitution. Seduction of a person in custody (which includes causing or assisting seduction for prostitution of a person in custody) . 16 . Undoubtedly. They are briefly listed out below: Keeping or managing (or assisting in keeping or managing) a brothel or allowing premises to be used as a brothel (including vehicles) . inducing.

stringent and effective provisions to address the issues in trafficking and consequent exploitation. compulsion. Deprivation of the right to access to justice and redressal of grievances. and other legislations which would apply to the facts and circumstances of the case under investigation.). and is simultaneously punished for „soliciting‟). there is no bar in utilizing the provisions of ITPA along with IPC etc.g. However. Denial of right to return to own community. Never victimize a trafficked woman u/s 8 ITPA or any other section of any law. dealing with sexual assault (376. a person trafficked across a border is sometimes convicted for nonpossession of passport/visa. When investigation brings home the point that she has been sexually exploited against her informed consent. Furthermore. duress. when the victim is retrafficked). coercion. Do not hesitate to involve the provisions of ITPA along with IPC. Which law to use and when? ITPA. 377 etc. being a special legislation. JJ Act.Deprivation of dignity. Denial of right to self determination (e. if the victim is a girl child. The list of rights violations is long and several such violations can be listed out depending on the provisions of the Constitution/Protocols/Conventions etc. Denial of right to be heard before decision making. but also under the relevant sections of IPC. deceit. Denial of access to health services. THE STRENGTHS OF ITPA AND HOW BEST TO USE THEM 17 . etc. force etc is not „consent‟ in the legal sense. charge sheet be filed against all her exploiters not only under ITPA. the offence is complete even if there was consent. In any given context.g. has comprehensive. Denial of right to representation. Consent obtained under lure. the investigating police officer should file charge-sheet against the accused under the graver sections of all laws which are applicable. One has to be careful in applying proper sections of law. Double jeopardy (e.

The Juvenile Justice (Care and Protection of Children) Act. etc). in 1978 and 1986. 1956 (ITPA). Since its enactment in 1956. 1860 (applicable sections of IPC have been discussed earlier). if the trafficked victim is exploited to develop pornographic materials and the porn is circulated through electronic media or internet. Therefore this checklist is a reference guide to the law enforcement agencies and other stake-holders. The inherent strengths of ITPA General provisions: The law applies to trafficking of males and females. as research has shown. Other special laws relevant to the context (e. Section 67 IT Act] will also be attracted).g. The latter amendment focused on prevention. One of the main reasons. 2000 [Say. The Indian Evidence Act. The legal regime relevant in the context of trafficking: Immoral Traffic (Prevention) Act. providing answers to several frequently asked (or not yet asked) questions and frequently overlooked aspects. then the Provisions of Information Technology Act. the different provisions of this special law are not being used and. The Indian Penal Code. The Goa Children‟s Act. 18 . for various reasons. a provision which is not so common in the legal regime across the world.ITPA is a comprehensive legislation which gives power and strength to the law enforcement/justice delivery agencies to combat and prevent trafficking. Preventive Sections of CrPC. furthermore are often misused and abused. the legislation was amended by the Indian Parliament twice. The law gives specific attention to women‟s rights and child rights. 2000 (JJ Act 2000). 2003 (applicable only in the state of Goa).e. CrPC. Procedural laws (Criminal Procedure Code i. is ignorance and lack of understanding of these provisions. However. Commercial sexual exploitation of anybody (irrespective of age or sex) is an offence.

etc). 5 ITPA: Procuring. in the vicinity of public places (which includes hotel. inducing. vehicles. S.3 ITPA: Keeping or managing (or assisting in keeping or managing) a brothel or allowing premises including vehicles to be used as a brothel. trafficking or taking persons for the sake of prostitution.9 ITPA: Seduction of a person in custody (including causing or abetting seduction for prostitution of a person in custody). The thrust of the law is addressing trafficking and not prostitution. rescue etc from any criminal or civil proceedings against them (S. or anybody with whom such prostitution is carried on.The law provides a specific mandate for NGO‟s and civil society in addressing trafficking.7 ITPA: Anybody who carries on prostitution. This legislation gives special protection to the police officers and NGOs taking part in search. S . S.4 ITPA: Living on the earnings of prostitution (even partly). S. This legislation gives specific powers to judicial magistrates and also to executive magistrates.8 ITPA: Seducing or soliciting for the purpose of prostitution in any public place or within sight of a public place. Even attempt to procure or take would constitute this offence. S. The offences under ITPA S.15(6) ITPA). as is often misunderstood. Whether Clientele (customer) is liable: 19 . S. Perhaps there is no parallel where NGOs have been given powers in law enforcement on antihuman trafficking.6 ITPA: Detaining a person in any premises (brothel or any other) where prostitution is carried out.

The modus operandi could include procuring. therefore. If the offence of trafficking is committed against the will of the person. 9 ITPA. Besides these provisions of ITPA. taking.L. he is an abettor to all violations on the victim. contemplated or even attempted is punishable. the traffickers are also liable U/S 4. If the victim is an adult. Moreover perverse sexual acts on the victim invite liability under S. causing a person to be taken. 6.J 839) Moreover he is a person “with whom prostitution is carried on” and is therefore liable u/s 7(1). Depending on the facts and circumstances of the case. then the offender is liable for graver punishment. he should be booked u/s 5(1) (d) and u/s 7(1) ITPA.376 IPC will come into operation if it can be established that she had not given informed or willing consent. causing or inducing a person to prostitute etc. S.I say yes. Moreover as abettors and/or conspirators they are also liable under IPC. If the victim is a child. liable u/s 5(1)(d). Jurisdiction of Police and Courts: In which police station can a trafficking offence be registered? Which Court has jurisdiction? Trafficking is a „continuing offence‟ and therefore may be tried in either of the following places: (Refer provisions u/s 5(3) ITPA). Kerala. attempting to procure. Liability of traffickers: U/S 5 ITPA. which attracts S. attempting to take. the minimum punishment is 7 years of rigorous imprisonment. 1973 Crl. trafficking committed. 20 . Further subsection IA of section 7 ITPA makes it clear that if the offence of „prostitution‟ is committed in respect to a child or minor then the person committing the offence (i. regardless of consent of the trafficked person.376 IPC (rape) should be added to the charges against the customer.377 IPC.114 IPC. (Cherian Vs. If the trafficked victim is a child. including the customer/clientele) is liable for a graver punishment and fine with a mandatory minimum imprisonment of 7 years. He is a person who „causes‟ or „induces‟ another person to carry on prostitution and is.e. Firstly. inducing. S.

Law of double jeopardy will not be attracted if the offences alleged (though they are essentially part of a continuing offence) are independently acted upon. as and when the linkage is established in evidence. police is free to file a charge report before the court of law at either place (i. the investigation should cover the entire spectrum of the offences from its origin to the last part.The place from where the person (victim) has been procured. both with respect to the same victim. it gives very strong weapon to the law enforcement agencies to bring to book the traffickers as well as abettors and conspirators in trafficking.e. This means the place where trafficking took place i. the source point or the destination point) and simultaneously close the investigation in the other place. There is no legal bar in having FIRs registered both at the source point and destination point if the former is only on charge of trafficking and the latter is only on the charge of sexual exploitation. the source point. the transit point and at the destination point have a duty and responsibility to register FIR in their police station. In this context. the best situation would be to have the FIR at one of the two places and.e. taken or caused to be taken or from where an attempt to procure or take the person (the victim) is made. This means the destination point or the point of exploitation and the transit points where the exploitation continues. In the event of registration of two FIRs at both the source and destination points. For e. Thereafter. Since the court of law has jurisdiction in the source. police agencies at the source point. the investigation can be clubbed together. the police stations in all these points also have jurisdiction. thereafter. there is no legal wrong if the FIR in one place is u/s 5 ITPA for trafficking and the FIR in another place is for exploitation u/s 7 ITPA.g. Closure and Eviction of Brothels after notice: 21 . 376 IPC etc. Since attempt to trafficking is also a specific offence under this section. so as to avoid double jeopardy.. induced to go. transit and the destination points. In a case of trafficking. However. the following are the do‟s and dont‟s. At the place to which the person (the victim) may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made.

may pass orders of closure and eviction without any notice to any such person. The order of the DM is non appealable nor stayable as per S. landlord (of the house. the eviction order of the judicial magistrate is a sequel to the conviction of the person to be evicted. and no relief is available by way of appeal. or any other person in charge of such house. Mst. the court convicting a person of any offence under S. The information should be that any house. located within a distance of 200 meters of any public place is being used as a brothel by any person. room.3 ITPA or S. After hearing. The Sub Divisional Magistrate (SDM) also can exercise all these powers. can act on information from police or NGO or anybody else. or is being used for commercial sexual exploitation of anybody. and cannot preceed conviction (A. DM can issue notice to the owner. The notice sent to them by the DM directs that show cause be filed within 7 days of the receipt of the notice stating why the property should not be attached for misuse. The Commissioner of Police or any other official who has been vested with the powers of DM is also empowered to take action under this section of law. place or portion thereof.J. Ram Kali. However. Aggarwal and another Vs. 18(3) ITPA. as well as the tenant.C. he can (a) direct eviction of the occupier within 7 days of the order and (b) direct that prior approval of the DM be obtained before letting out the place again during the following one year (and during the following 3 years if a child or minor has been found during the search of the premises). the police/ prosecutor should immediately move the court for closure/eviction u/s 18 ITPA. if the DM is satisfied about the misuse. Therefore in the event of a conviction u/s 3 or 7 ITPA. occupier of. room.82). The DM should hear the party before taking a decision. place or portion thereof ) or their agent. 22 . room. lesser.The District Magistrate (DM) u/s 18(1) ITPA. this is a stringent section of law which the administrators.7 ITPA. Closure and eviction of brothels without notice: According to S. place or portion thereof. police. Since closure of brothel would entail loss of „income‟ for the exploiters.18 (2) ITPA. 1968 Cri L. lessee. prosecutors and NGO‟s can effectively utilize to combat and prevent trafficking.

there is neither appeal nor stay against the order of eviction by a Magistrate or Court. for a period of 2 years or more. U/s 18 ITPA. this is a potent weapon for the law enforcing agencies to keep surveillance on the movement and activity of the convicted person so as to prevent any such crime in future. the state government be moved for bringing out comprehensive Rules under ITPA. who has earlier been convicted under ITPA or relevant sections of IPC (363. 263. Summary Trial. 366B. If the State rules exist. 371. MM or JM). 366.Surveillance of convicted persons: According to S 11 ITPA. Whenever necessary. Need for women police officer? 23 . The fast-track mechanism: ITPA is a special legislation which has certain inherent provisions to ensure that the legal proceedings are not long drawn. Therefore. If the Court thinks that enhanced punishment is called for. for a period upto 5 years. may be subjected by the court to notify. issued by the Magistrate (SDM. The following are the provisions. is again convicted under ITPA. Any appeal against the order for protective custody u/s 17 (4) ITPA. If there are no rules. any person. whose decision shall be final. the State Government may authorize the Court to try cases summarily (in accordance with the provisions of CrPC dealing with Summary Trial. there is no appeal beyond the Sessions Court. These provisions and restrictions are meant to be invoked by the agencies concerned (police. shall go to the Court of Sessions. 366A. 367. prosecutors and judiciary) so that the trial is expedited and justice is delivered without delay. of any change of his residence or any absence from such residence after release. 372 or 373 ). DM. 264 and 265 CrPC). 365. Sections 262. However. the maximum punishment in Summary Trial is up to 1 year. then the case can be reverted to regular trial. according to the rules made by the State Government in this regard. ie. Special Courts (including Exclusive Courts) for the trial of offences under ITPA can be constituted not only by State Government (u/s 22 A) but also by the Central Government (u/s 22 AA ITPA). 368. 370.

An effective and credible witness must be prepared 24 . are entitled to protection of their basic human rights. they should be notified as SPO. Under principles of international law. community-based and indigenous means Victims should be informed of the availability of health and social services and other relevant assistance and be readily afforded access to them. If woman police official is not available. the SPO notified by the State government shall be assisted by an adequate number of Subordinate Police Officers including women police officers.U/s 13(3) (a) ITPA. witnesses to trafficking should be afforded protection and offered basic services. Wherever women police officers of the rank of Inspector or above are available. Regarding assistance. when victims of trafficking act as witnesses in court proceedings. wherever practicable. Basic assistance should include the provision of safe accommodation. The best situation would be to notify a combination of male and female police officers for each unit. regardless of whether they serve as witnesses. Governments of countries of origin also have the obligation of ensure citizens basic human rights to social services. the Declaration states Victims should receive the necessary material. the SPO should take assistance of woman NGO/social worker. medical. At the same time. A victim of trafficking may serve as a witness for legal proceedings in the destination country. victim protection and witness protection may take different forms. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power states that victims are entitled to access the justice system and prompt redress. THE PROTECTION OF VICTIMS AND WITNESS It is crucial that victim protection and assistance continue when the victim is returned to her country of origin. psychological counseling. psychological and social assistance through governmental. legal counseling and. medical care. Anti-Slavery International a British NGO has advocated for effective witness protection in the context of trafficking as well as created a human rights framework for a witness protection program. vocational training and education. All victims. voluntary. Like victims who do not work with authorities. they require additional protections. States are obligated to provide adequate support for victims of crimes. if needed.

Rehabilitation programs should include all of the services mentioned above in the context of destination countries: shelter. In addition. Temporary residency status should also provide the victim with the right to work. in order to reintegrate and begin new lives. Video Conference is allowed in the trial of crimes. It is absolutely necessary that the victim or the witnesses are able to depose about the entire incident in a free atmosphere without any embarrassment. the Foundation Against Trafficking in Women and the International Human Rights Law Group. collaborated on the drafting of Human Rights Standards for the Treatment of Trafficked Persons. There are several constitutional. Even after a victim of trafficking has been returned to her home country. financial assistance. This ensures not only anonymity but also protection to the victims and witnesses. it was held that “the whole inquiry before a court is to elicit the truth. NGOs can also provide support for victims of trafficking through advocacy for protection of victims' rights. In camera trial. u/s 327 CrPC is essential in rape crimes. trafficking victims can benefit from education programs. Some of these are listed below: Right to anonymity is a legal right (S. Anti-Slavery International advocates for the residency period to include an adequate rest period.C in Smt Sudesh Jakhu vs Narender Verma 2004) . The process of reintegration can be enormously difficult for trafficking victims. medical and counseling services and can recover without fear of threats. For example. a time in which the victim will receive necessary shelter. financial assistance and health care. Thus. the need for protection and assistance cooperate with authorities. legal and administrative provisions in India for ensuring the rights and protection victim. the Global Alliance Against Traffic in Women. The provisions of in camera trial have been extended to all crimes of sexual assault against children (refer Sakshi judgement) Therefore in camera trial should be invoked in all crimes of trafficking of children for CSE. such as job training or vocational skills courses. The right to work is important so that the victim can begin to become financially stable. intimidation or deportation. which enumerates concrete actions that governments should undertake to fulfill their obligations to protect and assist victims of trafficking. 25 . three leading NGOs. Provision of free atmosphere: In Sakshi vs UOI.

Legal representation is a legal right. Victim can have Private Lawyers who can assist the Public Prosecutor and even submit written arguments. AIR 1972 SC 2661). Compensation can be awarded to the victim from the convicted person even if there was no fine as part of the sentence (Boddhi Sattwa Gautam vs SubraChakroborty. communicate it to the victim. in favour of the victim. vide Section 301(2) CrPC. Compensation is an entitlement of the victim for injury/loss. Age assessment of the victim should be done. Compensation can be awarded to the victim even without conviction and even during pendency of trial (Delhi Domestic Working Womens Forum vs UOI). 1996 1 SCC 490). but has to furnish the questions to the court and the court will. u/s 357 CrPC. her own statement should be trusted and accepted. Defective Investigation: Flawed investigation is no ground to deny justice to the victim. Right of accused to cross examine the victim. to do so would tantamount to playing into the hands of the investigating officer if the investigation is designedly 26 . though a legal right. it was held that even if the prosecution has not proved that the girl was less than 16 years. is restricted by Sakshi judgt. In Delhi Demostic Working Womens Forum vs UOI.A screen or some such arrangements be made where the vctim or witnesses do not have to undergo the trauma of seeing the body or the face of the accused”. Victim is never an accomplice (Gurcharan Singh vs Haryana. in turn. In State of Karnataka vs Majamma. the defence cannot question the victim directly. 1981(1) SCC 560). “It would not be right to acquit an accused person solely on account of defect. sufficient brakes should be given as and when required. when in doubt. nevertheless functioning under the public prosecutor. 1995 (1) SCC 14. Recess during court proceedings: In Sakshi vs UOI the Supreme Court directed that whenever a child or a victim of rape is required to give testimony. in such a way that in a case of sexual assault of children.) The requirement of legal representation and counseling has been extended to the victim right from the Police Station itself. Delay in reporting of the case will not affect the case if reasonable explanzation is given out during investigation (Harpal Singh vs HP.

AIR 1990 SC 658). Maharashtra vs Madhukar Narayen Marvikar. AIR 1991 SC 207. (Haryana vs Prem Chand and others. On discrepancy in the statement of victim or witness: In cases involving sexual assault minor contradictions or insignificant discrepancies in the statement of the witnesses should not affect the case (Punjab vs Gurmeet Singh. inspired confidence for acceptance and. It was held that the court must appreciate the evidence in totality of the background of the entire case and not in isolation. 1995 5 SCC 518 and Zahira Habibullah vs Gujarat. JT 1996 (10) SC 550). Held that there is no legal compulsion to look for corroboration of the evidence of the prosecutrix before recording an order of conviction. On reliability: The evidence of a victim of sexual offence is entitled to a great weight. 2004 (4) SCC 158. conviction was based on the sole testimony of the prosecutrix. 1990 (1) SCC 249. Though the doctor did not find any visible 27 . this can never be a ground to acquit an accused if there is evidence otherwise available proving the criminal act of the accused. On corroboration: In Punjab vs Gurmeet Singh it was held that the statement of the rape victim who was between 15-17 years. the Supreme Court held that “merely because the victim girl is not examined. 1995 CrLJ 3845. No stigma should be implied against the victim. Prosecutrix need not be examined: in State of Himachal Pradesh vs Mohan Misra. State of Punjab vs Gurmit Singh.defective” (Karnal Singh vs MP. On medical report: In Rampal vs State of Haryana. AIR 1996 SC 1393 and Andhra Pradesh vs Gangula Satyamurthy. AIR 1952 SC 54). After all it is the accused and not the victim of sex crime who is on trial in the court. Character and antecedents of the victim has no bearing or relevance and can never serve either as mitigating or extenuating circumstance. 1994 Supp(3) SCC 656. therefore corroboration of evidence was not needed. absence of corroboration notwithstanding (Punjab vs Gurmeet Singh) The rule of prudence that the evidence of a victim of sexual assault must be corroborated in material particulars has no application (Maharashtra vs CPK Jain. AIR 1996 SC 1393). Evidence has to be weighed and not counted (Himachal Pradesh vs Raghubir Singh) There is no rule of practice that there must in every case be corroboration before a conviction can be allowed to take place (Rameshwar vs Rajasthan.

and a duty is cast on the Magistrate to ensure steps for rescue. “The presence of the Investigating Officer at the time of the trial is must. fair and just procedure guaranteed by Article 21 (Menaka Gandhi vs State. This section of law calls for Home verification to verify whether the original home of the rescued person is safe enough for her return. S.165 of Ev. the court held that. there was no reason to suspect the testimony of the victim and upheld the conviction of the accused. 1986 (3) SCC 632). Act confer wide and vast powers on presiding officers of Court to elicit all necessary materials by playing an active role in the evidence collecting process” (Zahira Habibullah vs Gujarat. STATASTICS OF TRAFFICKED WOMEN IN ANANTAPUR DISTRIC The district of Anantapur is one of the four districts in the Rayalaseema region in the state of AP and the largest in terms of area in the state. it is the duty of the court to take appropriate action” ( Shailendra Kumar vs Bihar. 2002 (8) SC 13). This accrues a right to the victim to notify the Magistrate.injuries. by whichever means possible. 1978 (1) SCC 248). Courts need to take participative role to deliver justice to victim. “The Courts ha ve to take a participative role in a trial.311 of CrPC and S. If there is a failure on the part of the witness to remain present. Right to be rescued: Section 16 ITPA provides powers to Executive Magistrates and Judicial Magistrates for directing any police officer of the rank of SI and above to rescue a person based on information received from any source. a duty has been cast on the prosecution to produce witnesses on time. Witnesses to turn up in trial: In order to ensure fair trial. Right to restoration to a safe place after rescue: Section 17 ITPA provides that a rescued person shall not be restored to or placed in the custody of a person who may exercise a harmful influence over the person. It is his duty to keep the witness present. Expeditious trial is an essential ingredient of reasonable. 2004 (4) SCC 158). It is the constitutional obligation of the state to devise such a procedure as would ensure speedy trial (Sheela Barse vs UOI. They are not expected to be tape recorders to record whatever is being stated by the witnesses. Rayalaseema is historically known as the „stalking 28 .

the present age particulars also are revealing. Re-garding the marital status of the women. It is this category of women whose economic need and vulnerability seems to have been exploited by the traffickers. religion. pune.ground of famines‟ and Anantapur district identified as the worst affected among the droughtprone districts and economically the most vulnerable part of AP. Although the Hindus among the respondents were the majority. the Scheduled Castes and the Scheduled Tribes. Table according to the statistics in the year 2010-2011. The frequent occurrence of drought. With an extremely unequal landholding pattern. but what is also distressing is that 7 of them are still under 18 years of age indicating that they were all minors when they had been trafficked. only five percent of the land is irrigated. point-ing to the high-risk nature of this group. The caste composition of the women reveals that 72 per cent of the women together belonged principally to the Backward Castes. and delhi. prolonged dry spells and repeated crop failures are said to have a devastating impact on the agricultural economy of the district. indicating the sources of vulnerability once again. 13 of them were Muslim (about 17 per cent). and although this is a vital piece of information that is missing. caste. There was no information available on the age of the women when they had been trafficked. The below table gives a clear view of the socio-demographic profile of the women who had been trafficked . A majority of them are in the 18-24 age group. a majority of them were either from the „unmarried‟ category or had been abandoned or separated or widowed. and children.their current age. marital status. These are the conditions which made the women to migrate and trafficked and exported to Mumbai. AGE Category <18 years 18 to 24 25 to 31 32 to 38 >39 Numbers 07 38 21 08 03 29 .

and marital status of women in anantapur district Andhra Pradesh. caste. religion.Not Known 01 CASTE Category Backward class Scheduled caste Scheduled tribe Upper class Not known Numbers 26 13 17 08 01 RELIGON Category Hindu Muslim Not known Numbers 64 13 03 MARITAL STATUS Category Single Married Divorced Numbers 29 15 34 The above are the statistics of women trafficked according to age. 30 .

Sexual assault is any sexual activity between two or more people in which one of the people is involved against his or her will. Because women who have been trafficked have been subjected to multiple abuses over an extensive period of time. a woman may experience a range of physical consequences and emotional reactions. anal sex. they may suffer these health consequences in a manner consistent with victims of prolonged torture.EFFECTS AND CONSEQUENCES OF TRAFFICKING IN WOMEN The act of trafficking and the attendant human rights violations can have very serious consequences for the victim. 31 . and/or sexual intercourse. oral sex. reproductive health and mental health problems. including severe stress and depression. bruising or burns. as well as other injuries consistent with assault. Trafficking victims are often made to participate in sexual activities through physical or non-physical force. as well as starvation. After experiencing sexual assault. Sexual assault is a traumatic event with physical and emotional effects on the victim. Some of these serious injuries can cause lasting health problems and may require long-term treatment. Service providers who work with victims should be aware of the severe and interrelated health consequences that result from trafficking. Typical injuries can include broken bones. Women who have been trafficked may suffer from serious health problems. Women can be the victims of unwanted touching. More general information about the healthcare needs of women victims of violence can be found in the Violence and Health section. sexual penetration with an object. bribery or manipulation or impairment from alcohol or drugs. grabbing. Trafficking victims often suffer from serious physical abuse and physical exhaustion. More information on reactions women have to sexual assault and therapeutic techniques that may be helpful to them can be found under Sexual Assault. which can consist of pressure from someone with authority over them. concussion. including physical health. The sexual activity involved in an assault can include many different experiences.

antitrafficking initiatives at the state level have focused on legal reform and prosecution. effective antitrafficking strategies should never be restricted to post-trafficking criminal prosecutions. The consequence of the illegal acts is often deportation. PREVENTION OF TRAFFICKING IN WOMEN Trafficking is a complex problem that requires a multifaceted approach. anxiety. they are charged with violations of local law. Women who are victims of trafficking may also face legal consequences. when victims of trafficking come to the attention of local authorities. This type of physical and sexual abuse described above leads to severe mental or emotional health consequences. including feelings of severe guilt. condoms or other methods of birth control. substance abuse (alcohol or narcotics) and eating disorders. being sent back to the country of origin. the mental anguish can lead to self-mutilation and/or suicide. Women who work as prostitutes experience high rates of abortion. As the Organization of Security and Cooperation in Europe (OSCE) points out. Some countries. are creating procedures and regulations that would allow women to apply for permanent residency through their status as trafficking victims. and may only have irregular gynecological examinations. Such women face the risk of unwanted pregnancies and miscarriages. the women are often sent back after the trial has ended. In extreme cases. Many countries in Europe are making temporary visas available to the trafficking victims. including sexually transmitted diseases (STDs) and other gynecological problems. Frequently. States are also obliged to take adequate measures for the prevention of trafficking. Women who have been trafficked into the sex trade may often not have access to. however. Frequently. depression. Even if they are willing to testify.Women who work in the commercial sex trade are vulnerable to sexual and reproductive health complications. 32 . which has a long-term legal effect on the woman's ability to travel again to a particular country. however. post-traumatic stress disorder. or are not allowed to use. if they are willing to testify against the traffickers. sterilization and infertility. Victims of trafficking often need psychological care as part of standard medical treatment.

Regardless of the manner in which information is conveyed to the public. Medium and longer-term projects include lobbying efforts to change national laws. distribution of informational leaflets. Short-term actions include education and awareness-raising initiatives. has published a compilation of materials. an effective antitrafficking campaign should take into consideration both the audience and the message that is to be conveyed. La Strada Bulgaria has created a set of 33 . the toolkit does not address trafficking specifically.S. The U. as a form of awareness raising and information campaigns. lecture or video presentations or through educational programs in schools and universities. training and technical cooperation projects for law enforcement and the judiciary and improving the social and economic position of vulnerable women. media campaigns. government bodies and non-governmental organizations (NGOs) should take both a short-term and long-term perspective to addressing trafficking. for example. community and policy leaders who are working to end violence against women in all forms. While. Picturing a Life Free From Violence: Media and Communications Strategies to End Violence Against Women that includes sample campaigns developed around the world to address trafficking and commercial sexual exploitation.Within the broad category of prevention. Advice and information can be disseminated through leaflets and brochures. National Advisory Council on Violence Against Women has developed a Toolkit To End Violence Against Women which contains concrete guidelines to NGOs. or toward women and girls who are vulnerable to being trafficking. Much of the work in the area of education has been directed to providing women and girls who are at risk of being trafficked with information about potential dangers. documentary films and email and the Internet. There are a number of ways that information can be disseminated to the public. public service announcements. it does include a chapter on Educating and Mobilizing the Public About Violence Against Women with guidelines and action items on public education.through press conferences. The United Nations Development Fund for Women (UNIFEM). Education and Awareness Raising: Education initiatives may be directed toward the general public.

Guidelines for Developing a Training Program can be found on this site. both for victims of trafficking and also to provide information to women and girls who are considering traveling abroad for work purposes. Many NGOs also operate telephone hotline services.guidelines called "Things to Think About for Women and Girls Who Decide to Work Abroad. Be Safe. lawyers. immigration officers. national. Effective training. the judiciary.S." . requires facilitators who themselves have been educated in training techniques. In its Proposed Action Plan 2000 for Activities to Combat Trafficking in Human Beings. regional or international conferences. The main goal of technical cooperation is to share expertise in order improve each country's ability to respond to the needs of trafficking victims and to facilitate international efforts to combat the problem. medical personnel and NGO representatives. are distinct from the general awareness raising projects discussed above. The promotion of vocational training and general education for girls is another tactic to reduce women's vulnerability to being trafficked. while educational. Technical cooperation can be take place between small groups of experts or between one or two countries and do not necessarily have to be on the level of an international conference. Department of State created a brochure titled.S. which includes information for women on how they can protect themselves when they travel to and work in the U. The objective for training programs on trafficking in women is to provide technical instruction. Sample training programs on the issue of trafficking in women can be found in the Training section. Technical cooperation can also take the form of local. Training is geared toward law enforcement agents. most often carried out by NGOs. prosecutors. The OSCE promotes cooperation between participating States through meetings in which experts can discuss specific needs and challenges. Be Smart. The U. assistance and support for professionals who are already working to address the problem. the OSCE 34 . share approaches and best practices. Training Programs and Technical Cooperation: Professional training programs. More information about the creation of a telephone hotline and training of hotline staff can be found in the Training section. and promote joint actions between origin and destination countries.

However. poverty reduction alone as a one-stop solution may 35 . Adequate attention should be paid to all the three legs and the efforts should be dove-tailed. All the three integrated models is essential. the allocation of resources to combat trafficking. Law enforcement processes should be integrated and comprehensive. NGOs. There should be a combination of steps for Prosecution (of offenders). by improving the capacity of source-country embassies in destination countries to provide assistance and support to their nationals who become victims of trafficking.recommended organizing roundtable meetings "in two to three key destination countries. at the local. with the aim of enhancing co-operation between embassy officials of the countries of origin and NGOs and officials of the destination countries around the issue of victim assistance. can engage in lobbying for such changes as strengthening legislation against trafficking. Lobbying: Long-term work to prevent trafficking includes putting pressure on national governments to take the problem seriously. along with Protection (and care of victims) and Prevention (of trafficking). Effective lobbying requires specific strategies such as the need to clearly identify the desired change. to develop a plan of action and to gather support for the issue. The objectives would be to raise awareness and to enhance international co-operation at a practical level. national and international levels. Conclusion The trafficking of women and girl child has been increasing day by day in the modern days the proper care should be taken for the victims of the trafficked women and the girl child by the law enforces and by the Ngo‟s in country and all over the world. increased government spending on protection of and services for victims of trafficking and for government sponsored anti-trafficking campaigns.

Depiction of trafficking as non-consensual. Indeed as several international agencies have alluded. bound and gagged. have prepared the ground. child marriage. taken far from her home village and thrown into the dangers of urban red light areas. for trafficking. trafficking is a complex development issue. particularly in India. with the image of the abducted young girl. many girl children in the family. given the overlaps that trafficking has with sex work. Although some data are available on the prevention and rehabilitation efforts the impact of these statesponsored initiatives has not been assessed systematically unlike the studied impact of the international NGO-funded HIV programming for sex workers. There are virtually no studies in India examining the awareness of campaigns on sex trafficking. so to speak. and distinguishing it from other forms of migrations. The case studies reveal how gender-based mistreatment including denial or curtailment of formal educational opportunities. marked by prolonged drought and lack of work opportunities and the consequent readiness of the women to migrate. has so far been the dominant trope in the trafficking literature. The impact of the political economy of the region. primarily because the introduction of anti-trafficking interventions is relatively recent. The SP/DCP should call a meeting of NGOs working in the 36 .both in the natal as well as in the marital family. The gradation of coercion to consent seems however to be especially tricky. an economic problem with vast numbers of women who are seeking to escape poverty being lured into trafficking by promises of economic fairly simplistic since the interaction between poverty and gendered vulnerabilities is the key precipitating factor in this context. combined with the disempowering factors associated with both gender and caste. and desertion/abandonment of husband served as proximal events related to the trafficking experience . The case studies reported in this paper only point to the compelling urgency of interventions that will go beyond the forced/voluntary divide in trafficking and sex work. It is critical that policy interventions take note of the institutionalized cultural practices and norms of the family that place young girls increasingly at risk for trafficking. Suggestions The role of NGO‟s is very important in preventing the trafficking of women and the girl child for this the following should be done.

Such help-lines should be linked up to the police control rooms and police stations for prompt response. Tamil Nadu has started this process through a Government order issued in 2002 followed by training/orientation programmes for PRI members on preventing trafficking. Besides empowering the police stations with the required human and material resources. do maintain a list of NGOs showing their expertise. specialization as well as contact address. u/s 13(3)(b) ITPA should be got issued from Government. Helplines: The Police Managers (especially the SsP. Suggest appropriate NGOs. e-mail. orient them. Police officers should network with the PRI‟s. networking and developing synergy in preventing and combating trafficking. telephone. being the fundamental unit of police administration and public service. This model could be adopted by others too. Association with NGOs can be a good source for intelligence collection.related fields. They can help identifying victims. sensitize them and involve them in the anti-trafficking processes. involving all stake holders and PRI‟s. vulnerable persons and carrying out risk assesment. In the Police Station. be strengthened. District level and village level Monitoring Committees could be set up by the DM/SP. etc. including NGOs. DCP) should establish proper and functional networks with the existing help-lines like child-line. Strengthening Police Stations: Institutionalization of the response systems requires that the police stations. Hence associate NGOs during rescue and post rescue activities. NGOs play an effective role in rescue operations as witnesses. Involve them even before planning rescue. 37 . Therefore their services can be effectively channelised towards the prevention strategies. and partners and as human rights ombudsmen. Do associate other government departments too. NGOs can give intelligence on traffickers and exploiters. their capabilities need to be enriched by regular training and discussions. Involving local self government agencies: The Panchayat Raj Institutions (PRIs) have lot of sway over the local public. Women‟s helpline etc. This should be appreciated and acted upon. Home verification by NGOs u/s 17(5) and u/s 17(a) ITPA is essential. The discussion should focus on generating awareness. advisors. Maintain list of NGOs and provide this list to Magistrate. This would entail addressing the larger dimensions of women‟s rights and child rights. Notification of an advisory body.

Facilitate their wilful participation in addressing the violations.Media can play an important proactive role. So the prosecutor should have awareness on ant trafficking methods and how to prevent the trafficking. 38 . the trafficker is being deprived from indulging in trafficking. Provide intelligence on traffickers and exploiters. If the trafficker is convicted and kept behind bars. Help them to come out of the „culture of silence‟ and more towards a culture of „zero tolerance‟. Involve them in the processes of preventing and combating trafficking. Investigators and police managers should capitalize on this. prosecutors can ensure prevention of trafficking. as a corollary. Empower the masses. especially the vulnerable sections. Therefore. by aggressive law enforcement. The prosecutor has a large role to play in preventing trafficking. Increase their awareness and alertness to the various issues.