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CHAPTER I:

INTRODUCTION:

Trafficking is defined as a trade in something that should not be traded in for various
social, economic or political reasons. Thus we have terms like drug trafficking, arms
trafficking and human trafficking. The concept of human trafficking refers to the criminal
practice of exploiting human beings by treating them like commodities for profit. Even
after being trafficked victims are subjected to long term exploitation. The crime of
trafficking manifests itself through the following

Trafficking both for commercial sexual exploitation and for non-sex based exploitation is
a transnational and complex challenge as it is an organized criminal activity, an extreme
form of human rights violation and an issue of economic empowerment and social
justice. The trafficking of women and children causes untold miseries as it violates the
rights and dignity of the individual in several ways. It violates the individual's rights to
life, dignity, security, privacy, health, education and redressal of grievances.1

In general terms of developing country like India many factor as poverty, population,
lack of education, low valuation of girl child, loss of traditional sources of livelihood
,modernization of society , basic and big demands can be seen as the problem of human
trafficking. India is a country where the trafficking of women and children occurs
frequently and the incidents are seemed to be correlated with the economic social
demographic and natural factor among other.

Trafficking is one kind of migration meaning to recruitment of children and women


within and across the national boundaries for work, marriage or services by means of
violence, threat of violence. It has been observed poor helpless families and tribal society
have become the main target group of traffickers. Trafficking has become great human
problem in all over human society

Millions women and are victims of human trafficking for sexual, forced labor and other
forms of exploitation worldwide. The human and economic costs of this take an immense
toll on individuals and communities. By conservative estimates, the cost of trafficking in

1
http://www.sascv.org/ijcjs/renusharma.html
terms of underpayment of wages and recruiting fees is over $20 billion.1 the costs to
human capital are probably impossible to quantify. The problem of trafficking cuts across
a range of development issues, from poverty to social inclusion, to justice and rule of law
issues, and thus has relevance for practitioners throughout the development community.
It’s hard to imagine that a world which talks about love, peace and brotherhood amongst
fellow human beings has a dark secret staring and mocking at its true reality. India is
listed in the Tier II list of the UN which includes countries which have failed to combat
human trafficking. The concept of trafficking denotes a trade in something that should
not be traded in. Human trafficking as defined by the UN is, “the recruitment,
transportation, transfer, harbouring or receipt of persons 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 service,
slavery or practices similar to slavery, servitude or the removal of organs.”
It is a really sad situation which India is facing. In almost every city there are certain
parts filled with brothels. Human trafficking includes sexual exploitation, labour
trafficking, etc. Nowadays even cross-border human trafficking is prevalent. India has a
huge population and because of that and our dwindling economy many people live below
the poverty line. The smugglers and traffickers promise them a better life- a ray of hope,
jobs as domestic servants, in the film world or in factories. They can offer them money,
pleasure trip invitations or false promises of marriage.
The main targets are the people who lack job opportunities, who have been victim to
regional imbalances or social discrimination, mentally disturbed, or the people who have
growing deprivation and are from the marginalized communities or people caught in debt
bondages or because their parents think that their children are burden and sell them off —
in simple words- the poor, helpless people are the ones who are exploited the most.
It has now become an organized institution and we as youth have to do everything to
remove this social vice from our country because the deliberate institutionalized
trafficking of human life is the greatest degradation to the dignity of human personality.
Human trafficking happens because of a simple concept which the traffickers believe in-
that the human body is a expendable, reusable “commodity”. Several things happen
during a “human being sale” from selecting, tricking, intimidation and deception of the
victim to the transportation of them to the “location”. Then comes the possible change
tothe “central place” where the actual trafficking takes place in large numbers, there are
many elements involved.2
This note will first provide a definition of women trafficking and the scope of the
problem, then summarize the regional trends of trafficking patterns..The Indian
government has laid down laws in the Constitution like the Suppression of Immoral
Traffic in Women and Girls Act, 1956, The Immoral Traffic (Prevention) Act, and many
2
http://www.youthkiawaaz.com/2011/01/human-trafficking-in-india/
others . In 2007, three state governments established anti-trafficking police units, the first
of this kind in the India.

The emerging scenarios are certainly positive but displaying full-page advertisements
against , women slaves, in national newspapers at periodic intervals is not enough. We
have to wake up before it’s too late. We can take up community surveillances which will
help check ongoing trafficking activities. Establishing women’s groups which will help
take care of the women in the underprivileged societies since women and girls are the
most affected victims. We as the youth can take up initiatives to spread awareness
programs in villages, local schools,.

Another initiative which can be taken up is the involvement of the trafficked victims and
helping them tell their story so that this kind of inhuman treatment doesn’t happen to
others. women trafficking lowers the value of human life; it brutalizes the society and
violates our belief in the human capacity for a change.

Extreme poverty combined with the low social status of women often results in the
handing over by parents of their daughters to strangers for what they believed was
employment or marriage. In many cases familiesand other community members close to
the trafficked person also benefit financially from the process, further limiting the
probability of the trafficked person taking action to escape or bring about the severe
consequences of prosecution.

1.1 CONCEPTUALISATION AND DEFINITIONS

In its dictionary meaning, the concept of trafficking denotes a trade in something that
should not be traded in. Thus, we have terms like drug trafficking, arms trafficking and
human trafficking. The concept of trafficking in people refers to the criminal practice of
exploitation of human beings where they are treated as commodities for profit and after
being trafficked, are subjected to long term exploitation.

For the purpose of study, the working definition of trafficking which was adopted has
been stated in the U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially women and children, supplementing the United Nations Convention against
Transnational Organized Crime, 2000, to which India is a signatory.

It defines trafficking as: “the recruitment, transportation, transfer, harboring or receipt of


persons 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 labor or service, slavery or practices similar to slavery, servitude or
the removal of organs”3

Consent is considered irrelevant in the case of children. If any of the means stated above
are used, consent becomes irrelevant in the case of adults also.

The three elements clearly involved are: first an action with intention, secondly the means
and lastly the purposes. Thus, whether a person is trafficked or not is indicated by
whether he or she has been subjected to the means mentioned above.

The UN definitions of these exploitative situations have been taken as the relevant
definitions in this study. Vulnerability refers to that section of a population, in a socio-
economic context of severe deprivation, which is at risk because of its inability to cope
with the pressure of life and living. It is understood to “refer to any situation in which the
person involved has no real and acceptable alternative but to submit to the abuse
involved.”

3
http://nhrc.nic.in/Documents/ReportonTrafficking.pdf
CHAPTER II

RESEARCH METHODOLOGY:

Research methodology is a systematized investigation to gain new knowledge about the


phenomena or problems. But in wider sense ‘methodology’ includes the philosophy and
practice of the whole research process. It provides standards which the researchers use for
integrating data and reaching conclusion. Research methodology would be beneficial to
appear for the appropriate results.

Research Definition

“ Research ; may be defined as the systematic and objective analyze and recording of
controlled observation that may lead to the developments or generalizations, principles or
theories, resulting in prediction and possibility ultimate control of events”

Sometimes research is defined as a movement, a movement from the known to the


unknown. It is an effort to discover something. Some people say that research is a on
effort to know“more and more about less and less”

Research is a serious academic activity with a set of objectives to explain or analyse or


understand a problem or finding solution(s) for the problem(s) by adopting a systematic
approach in collecting, organizing and analyzing the information relating to the problem.

Research Definition

Research; may be defined as the systematic and objective analyze and recording of
controlled observation that may lead to the developments or generalizations, principles or
theories, resulting in prediction and possibility ultimate control of events”.

Sometimes research is defined as a movement, a movement from the known to the


unknown. It is an effort to discover something. Some people say that research is a on
effort to know “more and more about less and less”.

According to CLIFFORD WOODY, research comprises, defining and redefining


problems formulating hypothesis or suggested solutions; collecting organizing and
evaluating data; making deductions and reaching conclusions; and at as carefully testing
the conclusions to determine whether they fit the formulating a hypothesis.
Research may also be defined”Any organized enquiry discussed and carried out to
provide information for solving a problem”.4

Doctrinal Research

Doctrinal research asks what the law is on a particular issue. It is concerned with analysis
of the legal doctrine and how it has been developed and applied. This type of research is
also known as pure theoreticalresearch . Doctrinal Research is concerned with legal
prepositions and doctrines.

Doctrinal research is not concerned with people but documents whereas in case of non-
doctrinal more importance is given to the society and people. the scope of doctrinal
research is narrower as compared to non-doctrinal since it studies about what the doctrine
or the authority says yet more encouragement is given to doctrinal type of research than
the non-doctrinal. There is no requirement of imparting training for collection and use of
sources whereas training is needed to use new techniques in the non-doctrinal research. in
case of doctrinal field work is not needed library is sufficient whereas in non-doctrinal
research the field work is most important ingredient

The Non-Doctrinal Research

The Non-Doctrinal Research Methodology will be based on samples collectedfrom


police, advocates and judges. The researcher will follow the observation and interview
method of data collection and this will be primary source of data and the secondary
source of data will be literature available.

To undertake this study, data will be collected from Nasik city.

OBJECTIVES OF THE STUDY:

1. To study the role of education for reducing trafficking and solving the problem of women
empowerment.

2. To understand the causes of vulnerability to trafficking among women.

3. To study the social cause behind women trafficking in India.

4. To analyze the legal perspective of women trafficking in India.

4
http://shodh.inflibnet.ac.in/
5. To evaluate the role of judiciary of upliftmen of women victims trafficking

6. To draw some conclusion and provide sound suggestion to stop such evil crime

HYPOTHESIS

1. Despite of strong legislature provisions, implementing and machinery is insufficient to


curb women trafficking.

2. Lack of education and social awareness in society is the main cause of increase in women
in trafficking.

SCOPE:

The scope of the study in to understand the concept of women trafficking in India and to
understand its causes, remedies and laws. The study also involves the critical analysis of
executive machinery dealing with the cases.

LIMITATION

There is limitation in gathering the data from the subjects. The major component of
effective research is defining a clear definition of population we are recognizing as
trafficked .also there safety issue involved as the topic is criminal in nature. The study is
limited only to Nasik and subject area is women

SIGNIFICANCE:

The victims of women trafficking in india have remained soilent slaves for past many
years .hence the significance of this study is very high . moreover it is difficult to trace
the victims of women trafficking .there fore the study regarding trafficking should be
given importance.

Framework of Study

Trafficking is a complex, multidimensional phenomenon, with a variety of – often inter-


related – aspects covering large geographic spaces. It is not possible to address all the
areas simultaneously. Broadly, our study focuses on: the crime of trafficking and the
responses engaged in preventing and countering it. The study of the existing anti-
trafficking law the Immoral Traffic (Prevention) Act, 1956 (ITPA) was also a focal area.
Given this, the stages in the process of trafficking were comprehensively examined. The
events in a trafficking chain from the source areas to their destinations, including the
factors that caused trafficking, were carefully followed. The role played by the demand
factor in trafficking for different purposes, which had received scant attention earlier, was
also studied in detail. This was primarily examined from the ‘client’ angle of the
commercial sexual exploitation ‘sector’. The sources and scale of profitability from this
‘sector’ were also examined to find out the motivations behind the demand – the causal
mechanism that reproduces the system.

The study took into account the perspective of all the trafficked persons, whether they
were being subjected to commercial sexual exploitation or other kinds of abuse. The
present study encompasses the major areas of trafficking. Trafficking in its
manifestations, can be broadly categorized as:

i. Trafficking for sex-based exploitation, i.e. for brothel based and non-brothel based
commercial sexual exploitation, pornography, pedophilia, sex tourism, mail-order bride
system, disguised sexual abuse in the garb of massage parlors, beauty parlors, bartending,
friendship clubs,etc.

ii. Trafficking for non-sex-based exploitation, including a vast area of servitude, slavery
and exploitation, which were commonly seen in bonded or forced labor; domestic
servitude, industrial servitude, servitude in the entertainment industry (e.g. camel racing,
circuses, etc.)drug peddling, begging, adoption, trading in human organs, trafficking for
false marriages, and other similar exploitative practices.

Prevention, protection and prosecution were the three main areas covered in our second
objective. This involved critical examination of the existing legal framework for
combating trafficking, including constitutional provisions, national and international
laws, conventions andprotocols. Special emphasis was laid on analyzing the Immoral
Traffic Prevention Act, 1956(ITPA), with a view to search for the lacunae that could
contribute to the ongoing discussion andreformulation of the law. The next logical step
was to move from identification of lacunae in the law to the law enforcement process and
the role of the police and other enforcement agencies inprotection and prosecution.

TWO broad categories of respondents were interviewed advocates and police officersand
those who are combating trafficking.

Sources of data

Both primary and secondary source data were used. Primary data was obtained through
canvassing interview.
Secondarysources were provided library, bare acts and commentaries.

Analysis of Data

The primary data was collected by taking interviews. The task included feeding in the
data, verification, computation, validation and presentation of tables to facilitate data
analysis and interpretation. The interpretation of the primary data was carried out keeping
in view the overall perspective of the study and by comparing, correlating or regressing
data, wherever possible. This quantitative data was now ready for interpretation and
chapter writing. The enclosed interviews about the task undertaken by the researcher.

Review of Literature

Though not exhaustive, the current review explores various perspectives and debates,
positions and conclusions on trafficking in women n. It is organised around the major
themes that emerged from the literature the definition of trafficking, the various stages of
the operation and the anti-trafficking initiatives in India The Indian Constitution
prohibits all forms of trafficking under Article 23. The Suppression of the Immoral
Traffic Act, 1956 (amended to the Immoral Traffic Prevention Act) was in response to
the ratification of the International Convention on Suppression of Immoral Traffic and
Exploitation of Prostitution of Others in 1950 by India. Trafficking has been an area of
concern since the early 20th century. It especially attracted attention during the 1980s.
More recently, there has been a widening of its focus. However, this was not
accompanied by an independent and sustained mass movement, against trafficking in the
country .
CHAPTER III

HISTORICAL PERSPECTIVE

The practices of sexual exploitation and sexual slavery are older than recorded history.
Whenever a woman or girl — or man or boy — was without status or protection, he or
she could have been subjected to sexual exploitation. The same is true today. “Sex
trafficking” is a modern term. It was coined during the second wave of the women’s
movement in the 1980s, when female activists started protesting the exploitation of
women and girls in prostitution and pornography. Debates raged for years among
feminists about “free” and “forced” prostitution, and whether or not all prostitution
should be included in the definition of sex trafficking.

All over the world, the institution of religion has come to play a predominant role in
shaping all types of societies. It is the foundation on which the normative structure of
society stands. This dependence on religion emerged with the belief in a power superior
to human beings, which directs their destiny and controls nature. Its practical dimension
is expressed through a number of ways in any given culture of the society. Its perceptive
and doctrinal aspects include moral and social theology, philosophy of religion, and
dogmas.

Hence, innumerable forms of ceremonies, worships, rites, moral


teachings, mystical experiences, and knowledge of supernatural power have come to exist
since time immemorial, in addition to a number of aberrations, superstitions and
exploitative customs/traditions in the name of religion.

The reference here is to the existence of culturally sanctioned practices


in India, in particular, the cult popularly referred to as the devadasi system and its various
forms, under which a girl is dedicated to a deity or object of worship or to a temple.
Besides the aforementioned, certain communities like the Rajnat of Rajasthan, the Bedia
of Madhya Pradesh and the Bachada of the Rajasthan – Madhya Pradesh border also have
some socially sanctioned practices enabling trafficking and commercial sexual
exploitation. The term devadasi is a Sanskrit word denoting deva the God, and dasi
female slave, which literally means ‘female slave of the God’. Many believe that
devadasi is the feminine form of devadasa a man who is enslaved for the service of a
deity.

Interestingly, this cult continues to exist even today throughout India with
some regional variations. In fact, the institution of dedication of young girls to temples or
deities happens to be a pan-Indian phenomenon. However, it came to be known by
different names at the local and regional level. For instance, to describe these women in
Goa, the term used is bhavin.

As of 2012 (the latest available data on human trafficking), 40,177 cases of trafficking
were reported in the 2010-2012 period—and these are only the known cases. Broken
down, it is a total of 13,392 persons trafficked a year; 36 trafficked every day; an average
of one person trafficked an hour. 152 nationalities have been trafficked to 124 nations.
49% of the trafficking victims are women, and 33% are children. 21% of total trafficking
victims, or 8,437 victims, are young girls.

f any person—whatever the gender, whatever the age—is brought somewhere against his or her
will, or without full information about what he or she is getting into, it is already human
trafficking. In addition, if a person is coerced by a superior or someone in power over them to
become a victim, it is also considered human trafficking. Also, while the sex trade is the most-
known form of human trafficking, the current protocol extends even to illegal labor migration.
This definition developed over the history of human trafficking.

The History of Human Trafficking


The African Slave Trade
Following the above definition, the earliest form of global human trafficking began with
the African slave trade. Since the American and European continents were involved as
buyers, and the different African groups were both items of trade and middlemen, it is the
first known international flow of human trafficking.
However, prior to the first law against slavery by the British in 1807, this trade was both
legal and government-tolerated. The United States followed suit in 1820, banning slavery
over 40 years before the American Civil War. At the time, there were no international
organizations that could make such decisions binding on many nations at once

White Slavery
After the cessation of the African slave trade, “white slavery” came into light. A
generaldefinition of white slavery would be the “procurement—by use of force, deceit, or
drugs—of a white woman or girl against her will for prostitution.” The African slave
trade was a fitting starting point for the case against white slavery.
As white slavery gained attention, governments began to cooperate to fight it. In 1899
and then in 1902, international conferences against white slavery were organized in Paris.
In 1904, the International Agreement for the Suppression of “White Slave Traffic,” the
first international agreement on human trafficking, was signed. The main purpose was to
ensure the repatriation of the victims. The criminalization of white slavery did not occur
until the signing of the International Convention for the Suppression of the White Slave
Trade in 1910.

World War I and Trafficking in Women and Children


The crisis of the First World War drew attention from the efforts against white slavery, as
the war and the rebuilding of Europe played out. However, out of the First World War
arose the first international organization of nations: the League of Nations. This was the
first time that agreements could be made within a set organization, with more pressure to
comply.
The mandates given to the various Allied Powers over nations in Africa and the Middle
East brought attention to the international trafficking in all women, not simply white
women; and additionally in children, both male and female. In 1921, 33 countries at a
League of Nations international conference signed the International Convention for the
Suppression of Traffic in Women and Children. At this time, human trafficking only
covered trafficking for purposes of sexual exploitation and prostitution.

The United Nations

After the Second World War, the member-nations of the United Nations adopted

the United Nations Convention for the Suppression of the Traffic in Persons and of the

Exploitation of the Prostitution of Others in 1949, the same year as the document on

human rights. It is the first legally binding international agreement on human trafficking.

However, only 66 nations have ratified it so far.

In the next 51 years, other forms of exploitation, such as organ harvesting and labor

trafficking, grew in scope. Eventually, in 2000, the United Nations adopted the United

Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially

Women and Children. It was the first agreement that acknowledged modern-day slavery,
as well as the possibility of men being victims of human trafficking. The definition was

also expanded to organ harvesting, slavery, and forced labor migration.

Modern Human Trafficking

Trafficking has become such a problem, in terms of geographic spread and volume, that

theUnited Nations criminalized it under the protocols of Transnational Organized Crime

in 2000. However, the history of human trafficking shows how long it took for its various

forms to be recognized. At the moment, there are at the very least 510 known trafficking

flows all over the world.

Even worse, it is difficult enough to break up human trafficking rings that despite the

range of nations involved, 15% had no convictions from 2010 to 2012, 26% had less than

10 convictions per year, while the same percentage—less than a third—had 10 to 50

convictions per year.

In recent years, forced labor migration has been increasing, decreasing the share of

trafficking for sexual exploitation. In 2007, 32% of trafficked persons were forced labor

migrants. Four years later, the share was at 40%. At the same time, trafficking in women

is decreasing steadily, from a 74% share in female victims in 2004 to 49% in 2011.

Unfortunately, it is matched by an increase in trafficked girls, from 10% up to 21% in

2011.

This form of organized crime, no matter how widespread, is both extremely profitable,

and rather low-risk. There is usually not enough time or personnel for governments to
investigate each illegally transported group. Some governments have yet to criminalize

any form of human trafficking, leaving 2 billion citizens virtually unprotected.

Organizations Against Human Trafficking

A great help to governments all over the world are local an international Non-

Governmental Organizations (NGOs) who actively assist governments in combating

human trafficking. A number of them were created exclusively to fight human

trafficking, such as Called to Rescue, Polaris, and Anti-Slavery International. Other

NGOs participate and cooperate against human trafficking, such as Save the

Children, ChildHope, Women’s Rights Worldwide, andAmnesty International.

The fight against human trafficking may be joined by donating to NGOs, volunteering to

work with local NGOs, and reporting suspicions of human trafficking rings. Furthermore,

achievable for all citizens is awareness of and self-protection against human trafficking

schemes through responsible travel, self-defense, and caution in any time of recruitment

or deal-making.
CHAPTER V

WOMEN TRAFFICKING IN INDIA:

Trafficking in Indian Context

The Trafficking in persons Report 2011, observes that India is a destination of women
and girls from Nepal and Bangladesh for the purpose of commercial sexual exploitation.
According to the report India does not fully comply with the minimum standards for the
elimination of trafficking. However, thereport also points out that India in making
significant efforts to control it. Despite the efforts their has notbeen sufficient progress in
its low enforcement to address women trafficking 5

India is a source, transit and destination country for thousands of men, women and
children. It receives women and children from Nepal and Bangladesh. It also sends
women and children to Middle Eastern countries daily. Of the 74 million south Asian
women reported as missing, 20 million are said to be working in Indian brothels. An
estimated 25 percent of women trafficked to India are under 18 years of age. In addition,
there are several indications of internal trafficking. Internal trafficking of women, men
and children for purposes of sexual exploitation, domestic servitude, bonded labour, and
indentured servitude is widespread. Internal trafficking of women and girls from rural
areas to cities for purpose of sexual exploitation and labor is also noticeable .

About trafficking in northern India, a report prepared by Shakti Vahini (an NGO)
reveals that every year, thousands of young women and girls in northern India are lured
or sold for involuntary marriage. They are bartered at prices that vary depending on their
age, beauty and virginity, and exploited under conditions that amounts to a modern form
of slavery. Though as per the findings and from locally available information there are
about 5-10 thousand women forced into marriage by coercion or trade in Rewari and
Faridabad district alone in Haryana and about 4-5 thousand women in Mansa district of

5
http://www.asianphilanthropyforum.org/cruel-economics-human-trafficking-india/
Punjab alone, the clandestine character of trafficking makes it very difficult to establish
definite figures as many trafficked women and girls are kept in captivity, bonded like
condition and sexual slavery (Shakti Vahini, 2003). The report further reiterates that
Assam, Jharkhand, West Bengal, Orrisa, Bihar, Madhya Pradesh, Uttar Pradesh &
Himachal Pradesh are prime supply zones from where the trafficking in guise of
migration for coerced or forceful marriage, domestic servants and agricultural labour is
taking place.

The Process:

The first stage through which the women-trafficking initiates, is the transportation of
victim fromsource area. This process of trafficking include different stages and
stakeholders. At the initial stage,the process start with the place of origin, commonly
known as source areas, where the victim isbeing recruited or taken through fraud and
then transported towards the demand market with thehelp of local or professional
traffickers. The process of trafficking initiates at this stage and thisstage is the 'origin' for
the whole trafficking crime. The origin of trafficking may be different atdifferent stages
as per to the extent and networking of the traffickers. For example, the origin maybe a
small town or a village for domestic trafficking process whereas it may be a country
forinternationally networked trafficking. After the origin phase, next stage is the
'Transition stage',where the victim has to stay for a limited period of time or has to stay
over for a few days, weeks ormonths. The transit may also become an origin for next
transportation. The final stage is the'Destination stage' where the trafficked victim is
finally delivered to owner and then is asked toprovide services to the customers and thus,
become this victim of this modern slavery6

Why trafficking of women?

There are many supply side reasons for trafficking. The first reason is poverty. The
primary reason for the increase in trafficking into the global menace it has become is the

6
http://www.countercurrents.org/najar031114.pdf
breakdown of traditional livelihood options. Industrialization and globalization has
destroyed the viability of traditional livelihood especially in rural areas. The erosion of
livelihood in the source areas and the availability of better livelihood opportunities in
other areas initiate migration of poor people towards high-income areas.

People migrate all the time for various reasons from personal and professional
development, usually middle class professionals to semiskilled, unskilled and low skilled
workers. However, the chances of migration turning into trafficking are higher for those
who are at the bottom level in terms of skills, who also happens to be poor. Women and
children form a large group of poor unskilled labour due to systematic gender and social
discrimination against them. Internal and international movement of women into the
labour market has exposed them to the vulnerability of sexual exploitation. Women and
children amongst migrants are coerced and deceived at the place of their origin, during
movement and transit and at their destination.

On the demand side, the reasons of trafficking include an increased demand for cheap
easily exploitable trafficked labour coming from wide range of sector, topped by the sex
industry. A high demand for women have been created in the flexible labour markets
where women and children are paid much lower wages than men as they are considered a
“cheap” labour force and have little or no capacity to negotiate. Women and children are
in greater demand within the trade of human labor as the market is segmented on the
basis of gender and age, as they are easier to control, intimidate and exploit than other
groups and offer a far greater range of services from a very small cost. The gender
discrimination they suffer and exclusion from the economic and political arenas makes
them socially vulnerable subjects. It is this socially constructed vulnerability of women
and children as marginalized social groups that is the key ingredient in their oppression.

While labour migration satisfies demands for labour at all levels of the economic
sector, trafficking supplies mainly to the unorganized and exploitative sectors of the
economy. Besides all these considerations, the most common purpose for the trafficking
of women and children continues to be commercial sexual exploitation (CSE). The
trafficked persons are used for beggary, in the circus, or entertainment industry. But even
for those who have been trafficked for purposes other than CSE, sexual exploitation is a
common form of violence that most of them have to face

The available literature also emphasizes the fact that trafficking occurs in the context
of increased instances of human rights violations against women. These include the
violation of women’s reproductive rights, right of female infants and fetuses to life,
domestic violence against women, custodial violence and the violation of women’s rights
to decision-making, land assets and other resources . Early marriage, lack of choice
regarding a marriage partner and the socialization of women into persons who remain
servile and bear injustice silently are other factors that render women more vulnerable
.There are many factors which contribute to human trafficking in India. They include:

POVERTY:

More than 42% of the Indian people are economically deprived. Most of these people live
in poor villages. Some parents, though obviously not most, feel compelled to send their
children to work in order to ease their poverty. In Indian culture, parents generally value
their sons over their daughters. One of the main reasons for this, according to Indian
culture, is that sons are the ones who will carry on the family name. Girls are more
expensive because of the dowry system. Whenever parents get the opportunity to send
their daughters for child labor, many are willing to so. Most of them end up in brothels or
some kind of sexual slavery in India.

Lack of Education:

Many Indian villages do not have schools. The schools that do exist are in very poor
condition. Teachers lack incentive to work in the villages because of the poor salaries
offered, inadequate work environments, and transportation issues. As a result, most of the
children have little to no education. This creates an environment ripe for traffickers to
make false promises to parents, luring them to send their girls away for a chance at better
education, domestic work, and other “good” opportunities that would otherwise be
unattainable in their lifetimes.

Caste System:

India still functions with the caste system. The lower castes, which contain the majority
of the population, have less opportunity for advancement than those in the higher castes.
The lower castes are vulnerable to all kinds of exploitation in Indian society. The upper
castes intimidate, manipulate, and coerce lower caste girls for sexual pleasure.

Gender -related Differences:

In Indian culture, boys are preferred over girls. This preference is apparent even at
conception, since many girls are aborted when their sex is learned. The use of ultrasounds
to detect the baby’s gender is extremely prevalent in India today. Women undergo
ultrasounds to determine the sex of their unborn babies in order to decide whether or not
to abort. Doctors offer scanning and abortion for Rs. 3600 (approximately $80.00) if it is
a girl. Doctors make more money aborting girls than they do taking care of their other
patients. Experts estimate that this business can earn them between $100,000 and
$200,000 a year. As a result of the bias against females, there is a discrepancy in the boy-
girl ratio in India. For every 1000 boys, there are only 880 girls. Girls are sometimes
trafficked as housemaids so that the boys in a house can have a common girl within the
house. After a couple of years, she will be sold into the brothels, and the family gets
another girl for the boys. This is a trend that occurs mainly in the northern part of India.

City Life Dreams:

For the village people, the city represents a dream of a better life. When traffickers offer
their daughters a job in the city, the villagers hope that one day the rest of the family can
move to the city.
Poor awareness of women Trafficking and Brothel Life:

The village people are illiterate. A trafficker, through persuasive promises, can easily
mislead them. Most of the people are unaware of human trafficking and its connection to
prostitution that takes place in brothels and other places in major cities.
Dysfunctional Families: Mental, physical, and emotional abuse of children is very
common in the villages and throughout Indian society. This abuse, as well as family
poverty and neglect, often compel children to leave their homes. Most of them end up in
the hands of traffickers.

Devadasi Tradition:

The devadasi system is still prevalent in some states in India, particularly in the south,
including in Karnataka, Tamil Nadu, Andhra Pradesh, and Maharashtra. Daughters are
dedicated to the Lord Shiva when they are very young for temple service. These young
women are known as temple dancers. In the southern part of India, families offer their
daughters to the goddess Yellamma. People believe that by doing so, they will bring
prosperity and good luck in their lives. Once a girl is dedicated to the temple, the parents
consider their daughter to be dead. These girls live inside the temple and become the
slave of the lord. In the physical sense, the lord is the priest. Sexual abuse takes place by
the priest, family members, and those who visit the temple. This sexual abuse takes place
as early as eight years of age. After a couple of years of service to the temple, trafficking
brokers take the girls to brothels and sell them. The brokers offer good money and
opportunity in big cities. These young people are brainwashed by their parents and
society to believe that this is their lot in life and there is no other way they can live. Many
young people come into slavery through the devadasi system.7

Corruption in India :

7
http://www.agaperesearchfoundation.org/arf2013/causes-of-human-trafficking-in-india/
Corruption is widespread and has seeped into the political system, thus contributing to
poverty, human trafficking, democracy debasement, inequality in wealth distribution,
social injustice, and the widespread giving and taking of bribes. According to a
Transparency International report on global corruption, India has fallen to 74th place on
the list of 180 nations evaluated. Widespread unemployment, the desire to make a quick
profit with little effort, and the broad existence of gangs create an atmosphere conducive
for trafficking in persons to thrive.

Political Instability :

In the last several years, political instability in the country has contributed to lawlessness
and an inability of the government to contain the criminal activities that have resulted. In
order to maintain stability, political parties have been forced to placate one another with
favors and concessions which allow for extensive “cover ups” that often go unnoticed
within society. The police are often not independent entities in India. Instead, each state’s
force is managed by a political leader who controls their daily activities. As a result, the
police are drawn into the corruption of the political system.

Lack of Legal Convictions against the Traffickers


:
The Indian court system is congested due to an increasingly crowded docket. The
heightened crime rate in Indian society has proven too much for the current judicial
system to handle. Corruption has also crept into the judicial system. The writs of petition
that come to the high court of India will often take eight to ten years to be heard.

High Market Demand for sex trade :

Worldwide there is a high demand for the sex trade. India is no different. girls are easy
targets for exploitation. They are afraid to speak out about the crimes that are committed
against them, and they typically remain very obedient to the customers. Foreign tourists
prefer minor girls for both their youthful appearances and their submissiveness to them.
Young girls are very desirable for both brothel owners and customers.

Debt bondage

Debt or bonded labour, according to the non-governmental organization Anti-Slavery, “is


probably the least known form of slavery today, and yet it is the most widely used
method of enslaving people”. The International Labour Organization estimates that there
are a minimum of 11.7 million people in forced labour in the Asia-Pacific region, the
majority of whom are in debt bondage.

Poverty and criminal exploitation lie at the heart of bonded labour. Often without land or
education, people desperate for the cash required for daily survival sell their labour and
their life, in exchange for cash.
Despite the fact that bonded labour is illegal in India, the government (as this account
records and Anti-Slavery makes clear), is unwilling to enforce the law, or to ensure that
those who profit from it are punished.

Young girls fetch the highest prices in the city brothels. On the rare occasion that a victim
is found and rescued, and a prosecution brought, children commonly refuse to testify due
to fear of retribution by traffickers, who could be family members or “friends”. Freed
from the horrors of the red light districts, girls who have worked as prostitutes are
shunned by their parents. Ostracized by their families and excluded from society, many
women have little choice but to seek refuge within the world of commercial sex work
where they have been imprisoned or in some cases become agents for traffickers.
Impact of trafficking

The consequences of trafficking upon women victims:

Violent crime can have a significant impact upon the health and well-being of its
victims.The effects of victimization strike particularly hard at the poor, the powerless, the
disabledand the socially isolated. Those already affected by prior victimization are
particularly susceptibleto subsequent victimization.The effects of trafficking have an
impact on individuals in all areas of their lives. Victimsof trafficking often experience
abuse, exploitation, poverty and poor health prior to beingtrafficked. These conditions are
only exacerbated by their experiences as victims of crime .Each stage of the trafficking
process can involve physical, sexual and psychological abuseand violence, deprivation
and torture, the forced use of substances, manipulation, economicexploitation and
abusive working and living conditions. What differentiates theconsequences of
trafficking from the effects of singular traumatic events is that traffickingusually involves
prolonged and repeated trauma.

The physical impact of trafficking:

All forms of trafficking, because of the abusive and exploitative nature of the crime,
produce harmful effects on trafficked individuals Trafficked victims may be deliberately
selected for their specific physical attributes, which are then exploited in specific labor
conditions

HIV/AIDS

Increased likelihood of HIV infection is often cited as a risk among women trafficked for
sexual exploitation owing notably to a lack of bargaining power concerning condom use
and other potentially dangerous sexual practices. Trafficked women are also less likely to
be beneficiaries of medical or educational services made available to non-trafficked
women working in prostitution.9 Lack of information about HIV/AIDS, as well as
prevalent popular misconceptions, including that sexual intercourse with a virgin will
cure the disease and that younger girls are disease-free, has increased the demand for
younger victims and increased the vulnerability of children to infection.10
Mental health impact

Relentless anxiety, insecurity, fear and physical pain and injury will have significant
effects on the mental health and well-being of trafficked victims. Symptoms of
psychological trauma reported by trafficked persons include post-traumatic stress
disorder, anxiety, depression, alienation and disorientation. These individuals report
feelings of extreme sadness and hopelessness about the future.13 They may be suicidal,
have cognitive impairment and memory loss, and may be withdrawn. They may also have
difficulty concentrating and show aggression and anger. Studies indicate that trauma
worsens throughout the duration of the trafficking process. Initial trauma commonly
experienced either before they were trafficked or when they first discovered that they
were trafficked, will be continually increased by the process of the trafficking. The longer
victims remain under the control of their traffickers, the more severe and long-lasting are
the effects of their trauma. The symptoms may persist for a long time after the trafficking
experience unless support and appropriate counselling is provided.14

Substance abuse

Trafficked victims may be subjected to substance abuse by their traffickers. Some


trafficked women have described how they were forced to use drugs or alcohol to ensure
their compliance and to enable them to take on more clients, work longer hours or
perform objectionable or risky acts.17 Trafficked persons may also turn to substance
abuse to alleviate the pain of their situation, often resulting in addiction, organ damage,
malnutrition, needle-induced infections, overdose and death

Impact on behavior

Prolonged physical and mental abuse affects victims’ behaviour in negative ways, having
an impact on both physical and emotional responses. Because trafficked persons often
experience extreme forms of trauma over long periods of time, their capacities both to
understand what has happened to them and to describe their experiences are directly
impaired as a result of such abuse. Victims can find that it is difficult to make personal
sense of the abuse they have experienced, much less try to explain it to the authorities.
They are even less able to identify what help they might need as a result of the abuse.18
This lack of clarity may have negative consequences when a victim is being interviewed
by relevant authorities. Trafficked persons may be unsure of how they are supposed to
answer questions. They may be reluctant to disclose information, or may give false
information, be irritable or hostile and aggressive towards others, even support persons.
They may seem complaining, uncooperative or ungrateful. As a result, they may not be
identified as victims of crime, further compounding the injustice they have experienced.
In many instances, failure to identify a person as a trafficking victim commonly results in
deportation from the country of transit or destination without access to legal, medical or
social services. Such behaviour, however, may manifest in individuals for many years.8

Stigma

The response of family members and the community will have an impact upon the
recovery
process of trafficked persons. Although more is known about the stigma facing victims of
trafficking for sexual exploitation, all trafficked persons may face social disapproval if
they return without promised wealth, regardless of the harm they suffered.19 In many
countries, the impact of the trauma is influenced significantly by how victims imagine
their culture will view their experiences. Many victims know that cultural attitudes to
prostitution could prevent them from being accepted by their families and communities.
In some cultures the entire family could be ostracized as a result of the victim’s past.

Recovery
Return and reintegration for a trafficked person is a long-term and complex process with
no guarantee of recovery. Even where physical problems can be addressed and stigma
overcome, trauma and psychological damage make recovery a difficult task rendered

8
https://www.unodc.org/documents/human-trafficking/An_Introduction_to_Human_Trafficking_-
_Background_Paper.pdf
even more so by the problems in accessing necessary resources and in communicating
with support persons and family. Some trafficked victims may not adjust to a lifestyle
that they previously considered “normal”. If employment can be found, a trafficked
person’s behaviour, as a result of the experiences of severe trauma, may make it difficult
to remain employed.

The Extent:

As per the record, in India, there are 1794 identified places of such origins from where
females victims are being trafficked. The whole chain of this transportation process has
involved number of stakeholders in this crime of trafficking. In fact, it is a billion dollars
bussiness industry and a complete chain of networking and lobbying from powerful to the
gross root village/ local level trafficker. The extent is that, it has resulted to make this
industry as one of the organized crime industry in the world. It is the world's third largest
crime after drugs and arms trafficking. Moreover, the activities and involvement of
thousand criminals working like a professionals in the organized crime industry has led to
several other social discourses and has become a fuel for other criminal activities as well.
It includes Human trafficking, in terms of prostitution, in context of migration, as a
human rights problem, as a labour issue, as a criminal problem and trafficking in
children. The criminal and organized act of human trafficking is working as a base for the
growth and rise of other criminal activities as well. The organisation of human trafficking
in such a professional manner has also been taken as a backdrop of the emerging
phenomenon of globalisation, feminization of international migration and state policies to
sustain in the present competitive economicscanerio. The impact of new international
policies with the emergence of agencies like World Bank, the World Trade organization,
International Monetary Fund, is the increasing displacement of rural population, lower
wages and abject poverty. The resul is the decrease of social programme and increase in
the incentives to consumption where sex and trafficking is not exempted. In fact, nearly
2.5 million people in forced labour including sexual exploitation at any point of time. It is
found that majority of trafficking victims lies between the age group from 18 to 24 years.
An estimated 1.2 million children are trafficked every year. Around 161 countries across
the globe are being infected by this henious crime of human-trafficking as per the 2006
report of UN Office on Drugs on Crime, Trafficking in Persons, Global Patterns. Human
trafficking has become 32 billion dollar profit making industry , as per ILO. However, as
far as India is concerned, India remained in the Tier 2 watch list having one of the lowest
ranking in trafficking in person report, anually issued by the state department of U.S.
Remaining in Tier 2 list means that the government is making significant efforts but does
not yet meet the standards of countering human-trafficking. A report by anNon
government organization in India estimated that 45000 children are missing in India each
year. It stated that most of these kids end up as prostitutes, bonded labour or among the
homeless population in big cities. It has been found that there are 300,000 to 500,000
children working in the prostitution industry in India. India also has the highest number
of child labour in the world with an estimate of estimate of 12.66 million children
involved in hazardous work as per Census 2011. Furthermore, it is also noted that most of
the victims and their families are not coming forward for reporting because of the social
stigma associated with it. Therfore, the magnitude and the extent of human-trafficking in
india is still unclear due to lack of significant and proper availibility of data. Since the
poverty, exclusion and lack of awareness are the main driving forces for
humantrafficking, the tribal belts and the areas populated by marginalized caste has
become a fertile ground for the traffickers since the task of recuiting the victim is an easy
process and people can be motivated and convinced by the traffickers with less efforts
and with a promise of good economic returns in these regions

The scope of NGOs


Despite their limited resources, funding, training, and access to information, most NGOs
studied take the lead in combating trafficking in their respective countries. Their anti-
trafficking activities, objectives, and orientation are linked to the social and cultural
background of their respective countries and regions, and reflect local patterns of
trafficking. NGO histories and relationships with governmental institutions vary, as does
their scope to contribute to social change and development. For example NGOs like
BachpanBachaoAandolan , Shakti Vahini, in India emerged as a path breaking total
social instability in such conditions where the poverty, social change, economic
restrictions, inflation and unemployment surrounded the scenario. Many NGOs faced
difficulties dealing with the remains of the outdated and oppressive social system, and the
absence of legislative framework or administrative regulations to legitimize their work. A
lack of experienced personnel and limited capacity constituted further challenges, with
skills in project management, fundraising, and networking largely absent. These
weaknesses and inexperience were manifested at a time when traffickers were becoming
increasingly predatory and better at circumventing legal restraints. Eminent and credible
role played by NGOs in the field of trafficking to serve and save individuals are as:

Conducting Research

This is very important tool for awareness and welfare and to enlighten others on this
grave issue of trafficking of children and moreover to find out the hidden aspects of
trafficking in today’s world as trafficking is increasing day by day and taking shape of
organized crime activity. As conducting research on various needs and issues can supply
intervention programs and policy development with significant information and
understanding regarding trafficking in women and children. Although basic information
as well as in-depth data regarding number of children trafficked, complicated issues
related to the trafficking, trafficking networks, other forms of trafficking such as overseas
friendship and marriage services, conditions of trafficked victims in receiving countries,
and impacts on individual victims and their communities upon repatriation have been
quite thoroughly researched and NGOs and governments have good amount of quality
data, trafficking situations change rapidly. On-going research and completely well
informed intervention programs and implementations are therefore needed.

Response to the AIDS Epidemics

Many NGOs have programs on AIDS both as day care facilities for HIV infected persons
and outreach activities to provide AIDS prevention education and to promote
community-based care. NGO volunteers are mostly well trained and equipped with
materials and information on HIV prevention and AIDS care to distribute to their
different target populations. Some NGOs work primarily with populations currently
living in a particular country where others may provide their services to populations
living along border areas or in other places crossing their national borders .like PLAN
India is a child-centred development organization that aims to promote child rights and
improve the quality of life of vulnerable children. Plan works in 13 States in India and
has directly impacted lives of over a million children and their families since 1979. The
organization’s child centred community development interventions focus on child
protection and child participation, children in difficult circumstances, education,
HIV/AIDS awareness, health, early childhood care and development.etc.

The role in providing support before repatriation

Shelters supervised by NGOs have been known places which governmental organizations
and citizens of a country refer to when trafficked children are rescued from abusive
environments in households or at workplaces. The shelters have also provided necessary
care for the children to rehabilitate their physical and mental health and well-being before
the repatriating process begins.

Few commendable NGOs in India are9

(1) Shakti Vahini in Delhi ensures that the cases are investigated properly and exploitation
happening from source, transit and destination are linked. , Since 2010, Shakti Vahini has
intervened in 1270 cases and rescued 1300 victims. It has also been part of 462 court
proceedings and trial and has achieved conviction in 26 cases till date.
(2) Shakti Vahini has been involved in various Public Interest Litigations on issues
connecting to human trafficking and victim protection. ,

(3) ARZ in Goa has been working against abuse and exploitation amongst the victims of
commercial sexual exploitation. The organization has been collaborating with the

9
http://iasir.net/AIJRHASSpapers/AIJRHASS14-185.pdf
Government, philanthropists, corporate houses and other NGOs to combat human
trafficking related to commercial sexual exploitation.

(4) ApneAap in Delhi was founded in 2002 and from then, it has been giving its continuous
efforts in framing a broad and proper definition and criminalizing of trafficking in the
Indian Law, based on the standards of the UN Protocol to End Trafficking in Persons,
Especially Women and Children and enables marginalized women and girls to gain
independence from prostitution by organizing and supporting small self-empowerment
groups, called Mandals.,

(5) ATSEC in Bihar and Jharkhand, SANLAAP in West Bengal, PLAN International worked
in 13 states of India especially on awareness of HIV/AIDS programmes and policies and
many more are there who always conducts rescue operations in India.

WOMEN TRAFFICKING AND PROSTITUTION IN INDIA

India is listed in the Tier II list of the United Nations which includes countries which
have failed to combat human trafficking. India continues to be a source, destination and
transit country for forced labor and sex trafficking. According to a report by the Ministry
for Women and Child Development, India has nearly 2.5 million prostitutes in nearly
300,000 brothels in 1,100 red-light areas across the country. 90% or more estimated as
in-country and 5 to 10% to cross-border trafficking, reported mainly from Bangladesh
and Nepal. The routes of trafficking do not exclude Europe and specifically to UK and
United States.[iii] Around 1.2 million children are involved in prostitution in India.

The trafficking of girls from Nepal into India for forced prostitution is perhaps one of the
busiest slave sex trafficking routes anywhere in the world; with estimated 5,000-10,000
Nepali women and girls trafficked to India each year.[iv] An estimated 100,000-200,000
Nepali trafficked persons are in India. [v] In addition to being a destination, India is also
a transit country for Nepalese and Bangladeshi women trafficked to Pakistan, Western
Asia, and the Middle East and for women trafficked from the Russian Federation to
Thailand. [vi] Asia –Pacific therefore, has seen ‘feminization of migration’-with more
population movement being that of women. The feminization of migration gives rise to
specific problematic forms of migration, such as the commercialized migration of women
and girls as domestic workers and caregivers, often resulting in the trafficking of women
for labor and sexual exploitation.[vii]

Much of the attention on women trafficking focuses on those who are trafficked across
national borders every year, and, in many cases, forced to work as prostitutes or virtual
slaves. But those numbers don’t include victims trafficked within India — a country so
large and diverse that victims taken hundreds of miles away where a different language is
spoken have little chance of finding their way home. There are increasing reports of
females from northeastern states and Odisha subjected to servile marriages in states with
low female-to-male child sex ratios, including Haryana and Punjab. Maoist armed groups
known as the Naxalites forcibly recruited children into their ranks. Establishments of sex
trafficking are moving from more traditional locations – such as brothels – to locations
that are harder to find, and are also shifting from urban areas to rural areas, where there is
less detection.[viii] Not to hide, the rise of HIV/AIDS patients and vulnerable groups.10

Violence
 and
 Exploitation
 within
 the
 Sex
 Trade
 


Before
 addressing
 the
 violence
 and
 exploitation
 experienced
 by
 women


and


children
 within
 the
 sex
 trade,
 it
 is
 important
 to
 mention
 similar
 forms


 of
 abuse
 that
 occur
 prior
 to
 their
 involvement
 in
 the
 trade.
 In


many
 cultures,
 women
 and
 girls
 are
 regarded
 as
 inferior
 to
 men
 and


boys.
 That
 situation
 makes
 them
 vulnerable
 to
 violence
 and
 exploitation

10
https://acontrarioicl.com/2012/11/02/human-trafficking-and-prostitution-in-india/

 within
 the
 home,
 the
 community,
 and
 if
 they
 can
 locate
 employment,


 at
 work.
 Moreover,
 those
 experiences
 often
 directly
 shape
 how
 women


 and
 children
 initially
 became
 involved
 in
 the
 sex
 trade.


Many
 women
 often
 voluntarily
 migrate
 to
 obtain
 sex‐related
 work or
 to


 follow
 false
 promises 
 for
 employment 
 in
 order
 to
 escape 
 abusive


relationships
 at
 home,
 either
 from
 their
 families,
 husbands,
 or
 boyfriends.


 In
 Moldova,
 since
 the year
 2000,
 seven
 of
 every
 ten
 sex
 trafficking


victims
 assisted
 by
 the
 NGO,
 La
 Strada,
 reported
 domestic
 violence


including 
 rape, 
 beatings, 
 and 
 psychological 
 abuse 
 by 
 theirhusbands, 


uncles,
 or
 fathers
 as
 the
 primary
 factor
 in
 their
 decision
 to
 accept


work
 abroad).
 In
 Kerala,
 India
 the
 Foundation
 for
 Integrated
 Research


in
 Mental
 Healthfound
 that
 more
 than
 fifty
 percent
 of
 sex
 workers


were
 previously
 married
 and
 “experienced
 domestic
 violence,desertion
 by


their
 husbands,
 being
 sold
 by
 their
 husbands
 or
 having
 their
 property


seized
 by
 their
 husbands
 and
 later
 divorced”
 11


Since
 these
 women
 had


been
 economically
 dependent
 on
 their
 husbands
 and
 were
 not
 employed,


 they
 went
 in
 search
 for
 work.
 However,
 in
 India,
 as
 in
 many
 other


 countries, 
 there 
 are 
 few 
 economic 
 opportunities 
 available 
 for 
 poor 


women

11
http://www.ipg.vt.edu/papers/Wickham_Sex%20Trafficking%20Victims.pdf
Rehabilitation
 and
 Reintegration
 Programs
 and
 Strategies


Rehabilitation
 and
 reintegration
 programs
 and
 strategies
 targeting
 individuals

recovering
 from
 violence
 and
 exploitation
 within
 the
 sex
 trade
 require


multifaceted

approaches 
 involving 
 a 
 variety 
 of 
 actors. 
 Recovery 
 efforts 
 must 


simultaneously
 address
 the
 physical,
 psychological,
 behavioral,
 social,
 and


economic
 issues
 encountered
 by
 these
 individuals.
 Moreover,
 successful


recovery
 must
 include service
 coordination
 by
 governments,
 international


organizations,
 NGOs,
 local
 agencies,
 surrounding
 communities,
 and
 families


 (Crawford
 and
 Kaufman,
 2008).


Regardless
 of
 how
 
 women
 and
 children
 first
 became
 involved
 in
 the


 trade,


whether 
 as 
 sex 
 workers 
 or 
 sex 
 slaves, 
 the 
 rehabilitation 
 and 


reintegration
 strategies
 for
 their
 recovery
 are
 similar.
 All
 survivors
 require


 a
 central
 location
 for
 support,
 counseling,
 education
 and
 skills
 training,


 medical
 services,
 and
 a
 supportive
 community


Shelters
 versus
 Drop‐in
 Centers


Many 
 women 
 and 
 children 
 recovering 
 from 
 the 
 sex 
 trade 
 require 


temporary
 housing.
 Such
 individuals
 were
 more
 than
 likely
 trafficked
 into


 the
 sex
 trade
 and
 are
 unable
 to
 return
 to
 their
 communities
 due
 to


 distance, 
 danger 
 from 
 criminal 
 networks, 
 or 
 community 
 rejection. 


Recovering
 sex
 slaves
 may
 also
 require
 extensive
 psychological
 counseling


 and
 long‐term
 care .Other
 women
 and
 childrenentered
 the
 sex
 trade


near
 their
 own
 homes
 and
 therefore
 require
 local
 facilities
 in
 which


they
 can
 access
 services.
 Some
 of
 these
 individuals
 may
 also
 remain


active
 in
 the
 industry
 and
 seek
 services
 to
 improve
 their
 experiences


such
 as
 condom
 distribution,
 safe‐sex
 training,
 health
 clinics,
 sleeping
 and


 bathing
 facilities


Counseling

Because 
 of 
 the 
 extensive
 psychological 
 and 
 behavioral 
 effects 
 arising


from
 involvement
 in
 the
 sex
 trade,
 counseling
 services
 are
 imperative.


Few
 nongovernmental organizations
 are
 able
 to
 employ
 staff
 counselors
 of


 their 
 own.. 
 Increasing 
 numbers 
 of 
 NGOs 
 are 
 recognizing 
 the 


importance
 of
 providing
 counselors
 with
 previous
 experiences
 of
 violence


 and
 exploitation
 as
 well
 as
 the
 same
 ethnic
 and
 cultural
 background


of
 survivors.
 Individuals
 participating
 in
 counseling
 are
 better
 able
 to


identify
 with
 someone
 who
 has
 undergone
 similar
 experiences
 or
 suffered


 similar
 ethnic
 or
 cultural
 discrimination.
 
 Additionally,
 group
 therapy



sessions
 and
 family
 integration
 are
 also
 increasingly
 incorporated
 into


counseling 
 programs. 
 Overall, 
 counseling 
 services 
 are 
 developed 
 to 


accommodate
 each
 individual
 as
 appropriate

.


Medical
 Care

Most
 shelters
 or
 drop‐in
 centers
 are
 only
 capable
 of
 providing
 basic


health
 services
 such
 as
 nutrition,
 hygiene,
 and
 primary
 care.
 Similar
 to


 counseling
 services,
 medical
 care
 is
 provided
 largely
 by
 private
 or


public 
 healthcare 
 providers. 
 Doctors 
 or 
 nurses 
 periodically 
 visit 


rehabilitation
 centers
 or
 individuals
 must
 be
 taken
 to
 clinics or
 hospitals.

Education
 and
 Employment


The
 incorporation
 of
 women
 and
 children
 into
 the
 sex
 trade
 is
 often


attributedto 
 alack 
 of 
 educational 
 and 
 economic 
 opportunities. 
 Thus, 


education
 and
 employment
 play
 a
 large
 role
 in
 their
 rehabilitation
 and


reintegration.
 Because
 each
 communityhas
 unique
 cultures
 and
 industries,


education 
 and 
 employment 
 training 
 must 
 be 
 locally 
 applicable. 
 For 


example,
 an
 organization
 in
 Nepal
 focuses
 on
 providing
 education
 and


skills
 such
 as
 driving,
 hotel
 cooking,
 community
 heath,
 and
 micro‐credit

 opportunities. 
 A 
 local 
 organization 
 in 
 India 
 called 
 Shakti 
 Samuh 


provides
 vocational
 training
 to
 prepare
 women
 for
 electrical
 work,
 roles


in
 beauty
 salons 
 and 
 office
 work 
 the
 NGO
 also 
 provides 
 loans to


support
 small
 businesses
 such
 as goat‐rearing,
 a
 stationery
 shop
 and
 a


grocery
 shop .
 Because
 many
 wome
 and
 children
 were
 often
 denied


access
 to
 school
 and
 educational
 opportunities,
 it
 is
 important
 for
 them


 to
 learn
 to
 read
 and
 write. Rehabilitation
 centers
 seek
 toprovide
 literacy


 programs.

Empowerment


While
 the
 rehabilitation
 and
 reintegration
 process
 depend
 on
 a
 variety
 of


 services, developing 
 increased 
 self‐esteem 
 and 
 a 
 sense 
 of 


self‐empowerment
 among
 recovering
 women
 is
 perceived
 as
 the
 most


important
 element
 for
 recovery
 from


violence 
 and 
 exploitation, 
 especially 
 sexual 
 abuseAs 
 mentioned 
 above, 


affected 
 individuals 
 involved 
 in 
 the 
 sex 
 trade 
 develop 
 a 
 distorted 


perception
 of
 themselves
 as
 sex
 objects
 with
 their
 only
 skill
 to
 please


 men.


Empowerment 
 programs 
 often 
 include 
 leadership 
 training, 
 education, 


employment
 skills,
 and
 legal
 support.
 In
 addition,
 some
 organizations
 use

 art
 therapy
 as
 a
 means
 of
 emotional
 and
 economic
 empowerment.
 For


 example, 
 FAIR 
 Fund, 
 a 
 nonprofit 
 organization 
 focused 
 on 
 the 


empowerment 
 of 
 young 
 girls 
 recovering 
 from 
 gender 
 violence, 
 has 


implemented 
 a 
 program 
 titled 
 JewelGirls 
 in 
 which 
 survivors 
 of 
 sex 


trafficking 
 make 
 and 
 sell 
 jewelry. 
 These 
 girls 
 report 
 a 
 sense 
 of 


self‐worth 
 in 
 their 
 ability
 to 
 create 
 something 
 that 
 others 
 want 
 to 


purchase.
 Many
 programs
 have
 also
 found
 when
 survivors
 of
 violence


and
 exploitation
 assist
 othersurvivors
 in
 their
 recovery
 they
 develop
 a


larger 
 sense 
 of 
 purpose 
 in 
 their 
 own 
 lives. 
 Mentorships 
 and 
 peer 


education
 by
 those
 who
 have
 experienced
 similar
 situations
 also
 enable


women 
 and 
 children 
 to 
 envision 
 a 
 future 
 without 
 violence 
 and 


exploitation

Reintegration

Ultimately,
 shelters
 and
 drop‐in
 centers
 for
 individuals
 recovering
 from


involvement 
 in 
 the 
 sex 
 trade 
 seek 
 to 
 reintegrate 
 their 
 clients 
 into 


society,
 preferably
 in
 their
 home
 communities.
 However,
 reintegration
 is


often
 one
 of
 the
 greatest
 challenges
 for
 individuals
 because
 of
 the


stigma
 attached
 to
 the
 sex
 trade
 regardless
 of
 how
 they
 were
 involved.


 Without
 the
 support
 of
 their
 families
 or
 the
 possibility
 of
 marriage,


many
 women
 and
 children
 require
 marketable
 skills
 to
 be
 self‐sufficient,

 a
 large
 challenge
 in
 economically
 poor
 areas.
 Nonetheless,
 despite
 the


 difficulties
 inherent
 in
 reintegration,
 many
 NGOs
 report
 that
 successful


strategies
 include
 family
 visits
 during
 rehabilitation,
 gradual
 reintroduction


into 
 the 
 community, 
 job 
 training, 
 and 
 seed 
 money 
 to 
 establish 
 a 


self‐sufficient
 livelihood.Most
 aid
 organizations
 advocate
 that
 the
 recovery


process 
 not 
 end 
 once 
 reintegration 
 into 
 society 
 has 
 been 
 achieved. 


Women
 and
 children
 recovering
 from
 the
 sex
 trade
 need
 consiste
 and


reliable 
 access 
 to 
 counseling, 
 medical 
 care, 
 and 
 training. 
 Most 


importantly, 
 they 
 continuously 
 need 
 to 
 feel 
 empowered 
 in 
 order 


toconfront
 the
 many
 obstacles
 they
 will
 encounter.
 In
 other
 words,
 the


rehabilitation
 process
 should
 continue
 far
 into
 the
 future
 and
 potentially


may
 neverend.

CHAPTER VI

Role of Media

Media called the forth pillar of judiciary has taken an active role in creating awareness.
Media can play a very big role in preventing trafficking my sending the message of
awareness to every nook and corner. Media can transmit appropriate messages to ensure
that the victims do not fill cornered or alone. Usually the victims are so much traumatized
that they do not know what to with their lives after going through so much .NGOs cannot
always locate the victims ,Media on the other hand has much wider reach it can make
victims aware of places and institutions where they can seek justice. Media can create
awareness that trafficking is inappropriate and illegal and has negative consequences.
Legal, provisional provisions against trafficking should be highlighted and mode of
operation of traffickers and their ways and means.

Social networking in sex trafficking

Various technological advances such as social networking, micro-blogging, and smart


phones have enabled people to connect and transfer their activity from a private into a
public . The shift of sex trafficking to a digital space can make the crime more public,
but it also removes it from the places where it has been traditionally recognized and
identified. These complications present challenges for accurate identification and
assessment of the nature and frequency of sex trafficking. Although scholars and
professionals in the field have observed that technology facilitates sex trafficking, little
research has been conducted to measure the effect of technology on sex trafficking .
There may be several reasons for this. While the crime itself has been brought into the
forefront, it is still challenging to identify. It is a crime that traditionally occurs with
hidden victims who are often in transit. Furthermore, it remains a very under-reported
crime. This continuous under-reporting can be the result of many factors. One such factor
includes the personal nature of the victimization that is
consistent with that of other sexual crimes. However, the public nature of commercial
exploitation can also compound the trauma of the victimization. Often victims fear
revenge from their traffickers. Traffickers can be ruthless in their victimization through
the use of sexual, physical, and psychological violence. In addition to legitimate fear, the
underreporting can also be related to the dynamics between victim and trafficker which
can inculcate anxiety, conflicting allegiances, or confusion, causing the victims to fail to
self-identify as victims. Furthermore, even if the crime occurs in the open, it can be
difficult for the general public as well as for inexperienced law enforcement members to
recognize it, due to its dynamic adaptability to detection efforts. Over the last few years,
the overall use of online social networking has steadily increased across the world. Social
networking is a set of online sites and applications, which consist of at least three parts –
users, social links, and interactive , members who indiscriminately add any and all friend
requests, including fake profiles or people they do not know in an effort to seem popular,
may instead damage their credibility and trustworthiness to others. They may also put
themselves at risk of coming into contact with a trafficker as well.
CHAPTER VI

THE ROLE OF LEGISLATIVE AND JUDICIARY IN CURBING


THE CRIME

The trafficking of women is a matter of global concern as it involves the violation of


fundamental human rights. Although numerous separate abuses are committed during the
course of trafficking, which themselves contravene both national and international law, it
is the combination of displacement from the community and commercialized exploitation
that makes trafficking a violation distinct from its component parts. There is a large body
of existing international and national instruments in the form of declarations, conventions
and resolutions prohibiting trafficking. The Constitutions of India (Article 23), Nepal
(Article 20) and Bangladesh (Article 18 and 34) contain provisions prohibiting trafficking
and forced labour. Undeniably, there is a legal responsibility on the states to institute
measures to combat trafficking and ensure their implementation. The national laws of the
South Asian countries have been inspired by developments at the international level.
International instruments have tremendous bearing on the States Parties and their national
laws. Upon ratification of a convention, a State Party must suitably amend or frame laws
so as to implement the treaty. In the event of a void in the domestic law, the courts can
look into the provisions of international law as long as they are consistent with the
Constitution or the laws of the land. Article 51 of the Indian Constitution requires the
state to foster respect for international law and treaty obligations. This chapter begins
with a brief discussion of the international legal framework on anti-trafficking, followed
by the existing laws in neighbouring countries and finally describes the legal regime in
India

PROVISIONS IN THE CONSTITUTION OF INDIA

 Article 14 Men and women to have equal rights and opportunities in the political,
economic and social spheres.

 Article 15(1) Prohibits discrimination against any citizen on the grounds of religion,
caste, race, sex etc.

 Article 15(3) Special provision enabling the State to make affirmative discriminations in
favour of women.

 Article 16 Equality of oppurtunities in matter of public appointments for all citizens.

 Article 39 Enumerate certain principle of policy to be followed by the state . Among


them being
 right to adequate means of livelihood for men and women equally and equal pay for
equal work.

 Article 39(A) State shall direct its policy towards securing all citizens men and women
equally, the right to means of livelihood.

 Article 39(d) Equal pay for equal work for both men and women
 Artical 42 State to make provisions for ensuring just and humane conditions of work and
maternity relief.

 Article 46 Directs the states to promote education and economic interest of the scheduled
caste, schedule tribes and other weaker section (women are included) and that it shall
protect them from social Injustice and all forms of exploitation.

 THE INDIAN CONSTITUTION prohibits all forms of trafficking under Article 23. The
suppression of the Immoral Traffic Act, 1956. (Amended to the immoral Traffick
Prevention Act) was in response to the ratification of the international convention on
suppression of immoral traffick and exploitation of prostitution of others in 1950 by India
Trafficking has an area of concerned since the early 20th century.

 Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) was enacted
under Article 35 of the Indian Constitution with the object of inhibiting or abolishing the
immoral traffic in women and girls. It was also in pursuance of the Trafficking
Convention, which India signed on 9 May 1950. The Act aimed to rescue exploited
women and girls, to prevent deterioration of public morals and to stamp out the evil of
prostitution, which was rampant in various parts of the country. In 1978, SITA was
amended by the Amendment Act 46 of 1978, which took effect from 2 October 1979.
This was owing to the realization that the social evil needed to be curbed and that
existing provisions failed to do so. In 1986, SITA was drastically amended and renamed
the Immoral Traffic (Prevention) Act, 1956.

 The Immoral Traffic (Prevention) Act, 1956 is a special legislation that deals exclusively
with trafficking. The Act defines the terms ‘brothel’, ‘child’, ‘corrective institutions’,
‘prostitution’, ‘protective home’, ‘public place’, ‘special police officer’ and ‘trafficking
officer’. The purpose of the enactment was to inhibit or to abolish commercialized vice,
namely the traffic in women and girls for the purpose of prostitution, as an organized
means of living. Offences under the Act are:
I. punishment for keeping a brothel or allowing premises to be used as a brothel (S.3)

II. punishment for living on the earnings of prostitution (S. 4)

III. procuring, inducing or taking persons for the sake of prostitution (S. 5)

IV. detaining a person in premises where prostitution is carried on (S. 6)

V. prostitution in or the vicinity of public places (S. 7)

VI. seducing or soliciting for the purpose of prostitution (S. 8)

VII. seduction of a person in custody (S. 9).

 The Indecent Representation of Women (Prohibition) Act, 1986 defines “indecent


representation of women” as the depiction in any manner of the figure of a woman, her
form of body or any part thereof in such a way as to have the effect of being indecent, or
derogatory to, or denigrating of women; or is likely to deprave, corrupt or injure public
morality. The Act puts a restriction on the publishing or sending by post, of books,
pamphlets, etc., containing indecent representations of women, and prohibits all persons
from getting involved directly or indirectly in the publication or exhibition of any
advertisement containing indecent representations of women in any form.

 The Indian Evidence Act, 1872 in which Sections 114 A and 151 are relevant in this
context.

 Criminal Procedure Code, 1973 with Section 51(2), 53(2), 98, 160, 327(2) and 357
having relevance in this context.
 The Transplantation of Human Organ Act, 1994. The two-fold objectives of this Act are:

I. to provide for the regulation of removal, storage and transplantation of human organs for
the rapeutic purposes

II. to prevent commercial dealings in human organs. The Act also provides for regulation
and registration of hospitals engaged in removal, storage and transplantation of human
organs

III. The Information Technology Act, 2000 extends throughout India and also has extra-
territorial Jurisdiction. Section 67 penalises the publication or transmission of any
material, in electronic form, which is lascivious; or appeals to prurient interests; or if its
effect is such as to tend to deprave and corrupt persons who are likely, having regard to
all relevant circumstances, to read, see or hear the matter contained or embodied therein

 State Measures to Prohibit the Devadasi System

 State governments have taken some steps towards curbing the system, but they do not
seem to be adequate so far. Mysore was the first state in pre-independent India to take
steps against this practice. In 1924, the Indian Penal Code was amended. Sections 372
and 373 declared as illegal, the practice of dedicating girls for the ultimate purpose of
engaging them in prostitution.

 The Karnataka Devadasi (Prohibition of Dedication) Act, 1982 declares unlawful, the
very act of dedication, whether the dedication is done with or without the consent of the
dedicated woman. Under the Andhra Pradesh Devadasi (Prohibiting Dedication) Act,
1989, whosoever performs, promotes, abets or takes part in a dedication ceremony is
liable to punishment with imprisonmentfor three years and fine.
CHAPTER V
JUDICIAL PRONOUNCEMENTS:

1. Apne Aap Women Worldwide Trust ... vs The State Of Bihar & Ors on
20 November, 2014

For successful prosecution of the trafficker, it is necessary that the cases


registered under the Act are investigated by the Special Police Officer and also
prosecuted before the Special Court constituted under Section 22-A of the Act
within a time frame so as to ensure that the prosecution witnesses do not
become hostile. From Paragraph 7 of the supplementary counter affidavit filed
on behalf of respondent no. 2, it appears that Special Courts for trial of cases
instituted alleging offences under the Act have already been notified. It shall
be the responsibility of the Special Court concerned to take up trial of the
cases alleging offences under the Act on priority basis so as to conclude the
same within shortest possible time. During investigation, trial trafficked
victim be allowed the services of Para-Legal Volunteer as also panel lawyer to
avoid any harassment, legal expenses by her and for ensuing such services to
the victim District Legal Services Authority concerned be alerted about
registration of the case no sooner the same is registered by the Police Station
as also by the Special Court after receipt of the First Information Report by it.

2. Mst. Bano Alias Chidi Bano And Anr. vs State Of Rajasthan on 23 April,
1986
Observation by the court
o A survey by Stiphen Barley Hindi Digest--Navneet, August, 1995, Bhartiya
Vidhya Bhawan Kulpati, Munshimarg, Bombay, page 113 of the world 'flesh
trades' revealed under the book, 'the Slave Traffic in women today' revealed
that upto 1970 the number of poor unfortunate girls in this 'fllesh trade' was
25 lacs as per the figures of U.N.O. but, Anti-Slavery Committee put it at 3
crores.
o
o According to the news papers of Paris, every year, 40, 000 Asian African and
South American girls are placed in the prostitutes' homes for satisfying the
sexual lust after their sale in Europe to such sexual thirsty people who are
fed-up of European girls.

o The highest number of prostitutes' homes are in Spain as per the survey of
1956 where in Warsilona only there are 29,000 teenager prostitutes who are
purchased at Rs. 200-250/- per girl. The above all unfortunate young
immature teenager girls are auctioned for 'flesh trade' throughout the word
and the great humanist and reformists of the world inspite of several laws
and resolutions have not been yet able to either stop it or even curtail its
growth. This is thus crime of international apathy and abhorance which
should shock a humanity.

Mary Redi Kottunkal Joy vs The Assistant Director/Port ... on


9 January, 2015

The United States and the international community agree that trafficking in
persons involves grave violations of human rights and is a matter of pressing
international concern. The international community has repeatedly
condemned slavery and involuntary servitude, violence against women, and
other elements of trafficking, through declarations, treaties, and United
Nations resolutions and reports, including the Universal Declaration of
Human Rights; the 1956 Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the
1948 American Declaration on the Rights and Duties of Man; the 1957
Abolition of Forced Labor Convention; the International Covenant on Civil
and Political Rights; the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment of Punishment; United Nations General
Assembly Resolutions 50/167, 51/66 and 52/98; the Final Report of the World
Congress against Sexual Exploitation of Children (Stockholm, 1996); the
Fourth World Conference on Women (Beijing, 1995); and the 1991 Moscow
Document of the Organization for Security and Cooperation in Europe.

Trafficking in persons is a transnational crime with national implications. To


deter international trafficking and bring its perpetrators to justice, nations
including the United States must recognize that trafficking is a serious
offense. This is done by prescribing appropriate punishment, giving priority to
the prosecution of trafficking offenses, and protecting rather than punishing
the victims of such offenses. The United states must work bilaterally and
multilaterally to abolish the trafficking industry by taking steps to promote
cooperation among countries linked together by international trafficking
routes. The United States must also urge the international community to take
strong action in multilateral fora to engage recalcitrant countries in serious
and sustained efforts to eliminate trafficking and protect trafficking victims12

3. In Vishal Jeet vs. Union of India and others (1990, 3 SCC 318) there was a PIL against
forcedprostitution of girls, devadasis and jogins, and for their rehabilitation. The Supreme
Court held that in spite of stringent and rehabilitative provisions under the various acts,
results were not as desired and, therefore, called for evaluation of the measures by the
central and state governments to ensure their implementation. The court called for severe
and speedy legal action against exploiters such as pimps, brokers and brothel owners.
Several directives were issued by the court, which, inter alia, included setting up of a

12
https://indiankanoon.org/doc/146167540/
separate Zonal Advisory Committee, providing rehabilitative homes, effectively dealing
with the devadasi system, jogin tradition etc. The apex court held that:

It is highly deplorable and heartrending to note that many poverty stricken children
and girls in the prime of youth are taken to ‘flesh market’ and are forcibly pushed
into the ‘flesh trade’ which is being carried on in utter violation of all canons of
morality, decency and dignity of humankind. There cannot be two opinions
indeed there is none that this obnoxious and abominable crime committed with all
kinds of unthinkable vulgarity should be eradicated at all levels by drastic steps

The apex court had demanded an objective multidimensional study and investigation into
the matter relating to the causes and effects of this evil. The Central and State
governments had initiated several programmes and policies in compliance with the
directive of the Supreme Court. Details have been discussed in the chapter on
Government Response.

4. In Gaurav Jain vs. Union of India, (1997 8 SCC 114) the Supreme Court passed an
order dated 9 July 1997, directing, inter alia, the constitution of a committee to make an
in-depth study of the problem of prostitution, child prostitutes and children of prostitutes,
and to evolve suitable schemes for their rescue and rehabilitation. Taking note of the fact
that “children of prostitutes should not be permitted to live in the inferno and the
undesirable surroundings of prostitute homes”, the apex court issued directions to ensure
the protection of human rights of such persons. The court also desired that the Ground
realities should be tapped with meaningful action imperatives, apart from the
administrative action which aims at arresting immoral traffic of women under the ITP
Act through inter-state or Interpol arrangements and the nodal agency like the CBI is
charged to investigate and prevent such crimes. The rulings mentioned above have to be
seen in the context of the pleadings and the arguments advanced by both sides. Moreover,
one needs to distinguish ratio from obiter, as the former is a binding law and the latter is
only a persuasive value relevant to the facts of the concerned case. Keeping these in
mind, it can be said that these two cases have laid down the ground rule for several
executive decisions and commencement of many programmes thereafter. These
judgments have flagged off the importance of the individuals’ human rights and brought
to focus the mandatory role and responsibility of the state in ensuring that such violations
do not take place.

5. ShriShyam Sunder Lal Gupta (petitioner) vs. Secretary, Ministry of Home Affairs;
A writ petition, Crl. W. No. 532/92, was filed in the Delhi High Court by the Honest
Organisation, Delhi, through its honorary chairman ShriShyam Sunder Lal Gupta
(petitioner) vs.Secretary, Ministry of Home Affairs; Secretary, Ministry of Welfare; Lt.
Governor, Delhi; ChiefSecretary, Delhi Administration; Director, Prosecution, Delhi;
Director, Social Welfare, Delhi; Commissioner of Police, Delhi and the SHO, Kamla
Market Police Station (respondents).Thepetitioner had sought the intervention of the
High Court for directing the concerned officials toensure appropriate enforcement of the
provisions of ITPA. During the pendency of the proceedings, the High Court on its own
motion vs. Union of India and others (vide Crl. M. No. 862/01) initiated several proactive
steps. The court summoned various officials and NGOs working in the field, heard them
and thereafter gave them specific directions with respect to rescue and rehabilitation and
reintegration of the victims. Senior officials of different states like Rajasthan, Uttar
Pradesh, etc., from where the girls had been trafficked, were also summoned by the court
to ensure that the rehabilitation package was implemented properly and that the
concerned officials were made accountable for their activities to ensure that the victims
were not retrafficked and were at the same time economically and socially empowered.
Judicial activism in Delhi has made remarkable changes in the entire scenario, which has
been widely appreciated. .

It is important to note here that due to the intervention by the High Court of Delhi,
especiallyduring the period 2001–2003, the law enforcement scenario in Delhi has seen a
radical change in ensuring justice delivery. One of the highlights is that during this
period, 28 traffickers/exploiters have been convicted as against the preceding years when
the conviction of traffickers and exploiters was rare and almost nil. As a part of judicial
activism, in accordance with the provisions of ITPA, the court has ordered closure of
several kothas where a large number of girl children were found to have been sexually
exploited. The bottom line is that judicial activism has brought about institutionalization
of integration of policy and programmes and triggered adequate sensitivity among the
officials, leading to prompt and effective response by them. It brought about the much
required networking of the various government departments as well as a working
partnership between the government agencies and NGOs. Another important fact is that
the High Court intervention facilitated in promoting the interests of women and children,
within a human rights paradigm. The limited scope and vision that was commonly
prevalent in the existing ‘crime perspective’ and ‘welfare-perspective’ were substituted
with a larger mandate of ‘human rights perspective.’

6. PRAJWALA V/S STATE13

Another order by the High Court of Delhi has made notable improvement in the field of
criminal jurisprudence and victim protection in India. On 27 February 2004, the High
Court delivered this order, in Crl. M.1467/04 in Crl. W. 532/1992, in a petition filed by
an NGO Prajwala of Hyderabad through its advocate Ms. AparnaBhat. Thanks to the
intervention of the Delhi High Court, girls rescued from the brothels in Delhi were
repatriated and rehabilitated in their hometowns in several parts of India including
Andhra Pradesh. The rehabilitation work was carried out by the Government of Andhra
Pradesh with NGO, Prajwala. Many of these girls who had been rehabilitated to districts
like Nellore, were summoned by the trial court in Delhi for providing evidence against
the exploiters. Since thesegirls were repatriated after spending considerable time in the
rescue home in Delhi, ideally speaking, their statements should have been recorded by
the trial court during that period. However, due to the delays in the trial, this was not
done and, therefore, these girls were called to Delhi. Thegovernment agencies in Andhra
Pradesh tried their best to get in touch with these girls. Since their efforts failed, Prajwala
was asked to step in again. The NGO realised that these girls were reluctant and

13
http://nhrc.nic.in/Documents/ReportonTrafficking.pdf
unwilling to go to Delhi mainly because they did not want to relive the trauma and agony
which they had undergone. It was decided to move the trial court for facilitating the
recording of evidence of these girls to their hometowns. However, the court did not
approve of this for want of required infrastructure. The matter was, therefore, taken up
with the High Court of Delhi which directed the government counsel to look for
alternatives. Since National Informatics Centre did not have the required facilities, the
counsels for the government and the NGO took initiative, interacted with the government
of Andhra Pradesh and found that video conferencing facility was available in Andhra
Bhawan, New Delhi. The A.P. government agreed to provide this facility, which they
have in Delhi and the concerned district headquarters in Andhra Pradesh. The High Court
confirmed the availability of these facilities at A.P. Bhawan by judicial officers and then
gave orders for recording the evidence of the victims through video conferencing.

The court also directed that the state of Andhra Pradesh make appropriate arrangements
for the same and that the trial court ensure adequate safeguards enumerated in the
decision of the Supreme Court in State of Maharashtra vs. Dr. Praful B. Desai, 2003 4
SCC 601. This was a historical decision of the Delhi High Court because, for the first
time in India, inter-state video conferencing was being utilised in criminal trials. Once
implemented, this judgment can go a long way in protecting the rights of
traffickedvictims and, therefore, is a judgment truly honouring the human rights of the
victims. The initiativeby the NGO, government officials and the counsels both the
standing counsel for the state and the counsel for the NGO is commendable.

7. SUJA ABRAHAM VS. STATE OF MAHARSHTRA - WRIT PETITION


124/1998

The writ petition prayed for directions by the Hon’ble High Court Mumbai to issue a
Writ of Mandamus directing M/s. Ravi Fisheries Ltd. to comply with all labour
legislation in respect of the workers employed in its establishment, including those
migrant workers, and especially with the Minimum Wages Act, 1948, Employees State
Insurance Act, 1948, Provident Fund Act,1996, Factories Act, 1948, Payment of Wages
Act, 1936 and Contract Labour (Regulation and Abolition) Act, 1970 and direct the
Deputy Labour Commissioner, Thane to randomly visit the factories of Ravi Fisheries
Ltd. at least once in a month and check that the M/s. Ravi Fisheries is complying with all
labour legislation in respect of the workers and is not maltreating them;
Directions and observations made by the High Court :

 The Hon'ble Chief Justice Shri M. B. Shah and Hon'ble Justice Shri R. J. Kochar
directed the District Collector, Thane and the Deputy Labour Commissioner to
inspect the various factories in the Thane region. Accordingly, on 22
January1998, the officials visited eight factories in Thane and Navi Mumbai.

 The report submitted by the Collector after conducting the raids revealed serious
violations of law. It stated that in seven factories, inter alia: "Female employees
were found . . . staying in the factory premises itself. They were not allowed to go
out of the premises without the permission of the contractor. If they are required
to go out, some gate pass was being issued only on the ground of medical
treatment or visiting religious places. Prima facie it appeared to the government
authorities that these employees are not allowed to go out of the factory premises.
Because of force or fear of the contractors, free movement at will by the
employees is not possible. "The places where the workers are living are
inadequately ventilated and poorly illuminated. In most cases only one exit is
provided. The places for cooking and store are extremely unsatisfactory.
Overcrowding was seen in most of these residential premises, and the overall
appearance of living condition was inhuman. "Female employees work in
factories from 9.00 a.m. onwards and work beyond 7.00 p.m. and the working
hours depend upon the time of receipt of the fish consignment in the factory.
"Prima facie these can be the cases of bonded labour when seen from the angle of
spirit of law although workers did not come forward with complaints of forceful
confinements,

 The final order of the Hon'ble High Court stated that it stands proved that the
labourers are treated brutally and in some cases as bonded labourers and there are
serious breaches of the labour laws. The Authorities enjoined with the duties of
enforcement of labour laws have failed to discharge their duties. To our shock and
surprise, even in a city like Thane, to some extent, bonded labour system still
exists. The respondents no. 3 and 4 (Mr.DilipKapoor, Managing Director and Mr.
Ambrose Pinto, Manager, Ravi Fisheries) have treated Ms. Suja Abraham as
bonded labour and brutal and inhuman treatment was meted out to her by
confining her to the factory premises and even dragging her back when she tried
to escape, which forced her to attempt to commit suicide.

 “We make it clear that it would be open to the BharatiyaMahila Federation,


which is a Non-Governmental Organization, to visit the premises where women
employees are working and to find out their grievances. All factory owners,
particularly the Respondents, are directed to allow free access to the office bearers
of BharatiyaMahilaFederation to places where women employees are working or
residing.

Judicial intervention by the High Court of Mumbai

1. Public at Large vs. State of Maharashtra and Others

This has been instrumental in bringing about radical transformation in the anti-trafficking
scenario in Maharashtra and Goa. In Public at Large vs. State of Maharashtra and Others,
[1997 (4) Bom P 171], judicial intervention brought about rescue, repatriation and
rehabilitation of 487 minor girls . The High Court order led to the prompt care of and
attention to the rescued persons, setting up of an Advisory Committee and networking of
various departments of the government, and the repatriation of persons trafficked from
various states in India as well as neighbouring countries.

2. In Public at Large vs. State of Maharashtra

the High Court of Mumbai gave several directions to the government agencies to ensure
the interests of the rescued girls. The court directed that all rescued girls should be
subjected to medical examination for assessing their age and to check whether they were
suffering from any disease. The methodology of counselling and aftercare was also dealt
with in detail. In Prerana vs. State of Maharashtra and Others [writ petition No. 788 of
2002], the Mumbai High Court looked into the issue of violation of rights of trafficked
children by various authorities who are supposed to implement the law. The court took
serious objection to the judicial authority treating the trafficked minor girls as ‘confirmed
prostitutes’ (for details, see case study No. CS-MH-1). The High Court issued several
directions for the proper implementation of the JJ Act and ITPA, keeping in view the
human rights of the trafficked persons. The court order addressed several issues
concerning child rights, viz. the role of advocates and NGOs in the JJ Act, childfriendly
procedures in dealing with rescued persons, etc., and has brought out clear guidelines for
compliance by all concerned.

3. NGO Savera and Others vs. State of Goa

In writ petition No. 365 of 1997 by an NGO Savera and Others vs. State of Goa and
Others, the High Court of Bombay (Goa Bench) delivered a judgment on 21 July 2003.
The object of thepetition was primarily to seek the direction of the High Court to the
concerned agencies in the “readjustment and rehabilitation” of the persons in the “Red-
light area of Baina”. The High Court took into consideration the various views in the
replies filed by the petitioners, respondents, etc., as well as the report of the Kamat
Committee (Mr. Justice G.D. Kamat, retired Judge). The High Court directions included
the following:
I. State government to ensure necessary action as per Kamat Committee Report.

II. Ensure effective implementation of the judgment of the apex court in GauravJain v.
Union of India.Ordered that the District Collector take steps under ITPA and other
relevant laws to “close down the cubicles (250 cubicles being used for sex trade in Baina
beach). If the said 250 cubicles constructions are illegal, and are on government land or
land belonging to local authorities, then to take steps to evict the illegal occupants and
then demolish them by following due process of law”.

I. (4) State government to take adequate steps to prevent the CSWs (commercial sex
workers) being brought into the state of Goa on contract basis, as noted by the Justice
Kamat Committee.

II. Since the CSWs are being brought from outside Goa, the Government of Goa is not
bound to rehabilitate them except to the extent mentioned by specific directions in the
judgments of the apex court. The rescued CSWs be deported to the state where they came
from. The Goa State Commission for Women, along with the National Commission for
Women to take steps, so that the said women are rehabilitated in the state from where
they hail with assistance of the respective state governments.

III. The National Commission for Women to report in nine months the action taken on the
implementation of the Kamat Committee Report.

IV. As of November 2003, the concerned agencies were in the process of initiating necessary
steps in the light of the High Court order. NGOs like Arz, which have been working in
this area for long, have drawn attention to the fact that eviction without appropriate
mechanisms of rehabilitation would be tantamount to further violations of the rights of
the hapless victims.

Usha Badri Poonawalla vs K. Kurian Babu on 9 January, 2002


Violence against women takes several forms : rape, child sexual
abuse, trafficking in women, domestic violence, pornography, selective
abortion of female foetuses and dowry deaths are all forms of violence which
denigrate the dignity of women. (For a comprehensive analysis, see
"Domestic Violence And Law : Report of Colloquium on Justice for Women-
Empowerment Through Law, Butterworths India, 2000 Edition page xliii).
The Declaration on the Elimination of All Forms of Violence
Against Women was adopted by the General Assembly of United Nations on
20th December, 1993. Article 1 defines violence againstwomen as meaning
any act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including
threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life. According to Article 2, violence
against women encompasses : (a) physical, sexual and psychological violence
occuring in the family, including battering, sexual abuse of female children in
the household, dowry related violence, marital rape, female genital mutilation
and other traditional practices harmful towomen, non-spousal violence and
violence related to exploitation, (b) Physical, sexual and psychological
violence occurring within the general community, including rape, sexual
abuse, sexual harassment and intimidation at work, in educational
institutions and elsewhere, trafficking inwomen and forced prostitution,
(c) Physical, sexual and psychological violence perpetrated or condoned by the
State wherever it occurs. A United Nations' document entitled "The Beijing
Declaration and the Platform for Action" (Department of Public Information,
United Nations, New York, 1996) prescribes in a Chapter entitled "Strategic
Objectives and Actions", the actions to be taken inter alia by Governments.
One of those, in paragraph 61(a) is to ensure access to free or low-cost legal
services, including legal literacy, especially designed to reach women living
in poverty. The document emphasises in paragraph 112 that violence
against women is an obstacle to the achievement of the objectives of equality,
development and peace. Violence against womenboth violates and impairs or
nullifies the enjoyment by women of their human rights and fundamental
freedoms. Amongst the actions to be taken by Governments, paragraph 124(d)
provides for the adoption, implementation, periodical review and analysis of
legislation to ensure its effectiveness in eliminating violence against women.
Governments, similarly, are mandated by Paragraph 124(h) to
provide women who are subjected to violence with access to the mechanisms
of justice and, as provided for by national legislation, to just and effective
remedies for the harm they have suffered.14

Role of different various departments:

. A Role of Ministry of Women and Child Development

National Commission for Women and the directions of the Supreme Court of India as
well as the experiences of various nongovernmental organizations working in this area,
the Ministry of Women and Child Development, the Nodal Ministry in the Government
of India dealing with issues concerning women and children including trafficking drew
up a National Plan of Action to Combat Trafficking and Commercial Sexual Exploitation
of Women and Children in the year 1998. A Central Advisory Committee under the
chairpersonship of Secretary, Ministry of Women and Child Development has also been
constituted with members from Central Ministries like the Ministry of Home Affairs,
Ministry of External Affairs, Ministry of Tourism, Ministry of Health, Ministry of Social
Justice and Empowerment, Ministry of Information Technology and Ministry of Law and
Justice to combat trafficking in women and children and commercial sexual exploitation
as well as to rehabilitate victims of trafficking and Commercial Sexual Exploitation and
improve legal and law enforcement systems. This Committee meets once in every three
months wherein senior representatives of State Governments where the problem of
trafficking is found to be rampant are also invited. Other invitees to the meetings of the

14
https://indiankanoon.org/search/?formInput=women%20trafficking%20+doctypes:bombay
Central Advisory Committee are representatives of prominent NGOs and international
organizations working in the area of trafficking, National Commission for Women,
National Human Rights Commission, Central Social Welfare Board, National Crime
Records Bureau, Border Security Force, Intelligence Bureau, Central Bureau of
Investigation, and the SashastraSuraksha Bal. The Ministry of Women and Child
Development has requested all Secretaries of the Department of Women and Child
Development in the States and Union Territories to hold regular meetings of the State
Advisory Committee constituted under the 1998 National Plan of Action to Combat
Trafficking and Commercial Sexual Exploitation of Women and Children and monitor
initiatives being undertaken by them with regard to prevention, rescue, rehabilitation,
reintegration and repatriation of victims of trafficking. The Report of this study was
released to the public in 2005. The Ministry of Women and Child Development, in 2005,
also formulated a Protocol for Pre-Rescue, Rescue and Post-Rescue Operations of Child
Victims of Trafficking for Commercial Sexual Exploitation. This Protocol contains
guidelines for State Governments and a strategy for Rescue Team Members for pre-
rescue, rescue and post-rescue operations concerning children who are victims of
trafficking and were sexually being exploited for commercial reasons. The Ministry of
Women and Child Development in collaboration with UNICEF and various other
organizations has developed three training manuals – the “Manual for Judicial Workers
on Combating Trafficking of Women and Children for Commercial Sexual Exploitation”,
“Manual for Medical Officers for Dealing with Child Victims of Trafficking and
Commercial Sexual Exploitation”, and “Manual for Social Workers Dealing with Child
Victims of Trafficking and Commercial Sexual Exploitation”. While the Manual for
Medical Officers was developed by the Ministry of Women and Child Development in
collaboration with the Indian Medical Association, the one for the Judiciary was
developed in collaboration with the National Human Rights Commission. The Ministry
also developed, in collaboration with Unicef, several communication creatives in the
form of posters, games, newspaper advertisements, films for video parlours, Television
spots in several regional languages for prevention of trafficking of girls. The creatives
were developed on the basis of an Action Research conducted in selected states.
Role of National Human Rights Commission

In view of the existing trafficking scenario and at the request of the UN High
Commissioner for Human Rights as well as on the recommendations of the Asia Pacific
Forum of National Human Rights Institutions, the National Human Rights Commission
nominated one of its Members to serve as a Focal Point on Human Rights of Women,
including Trafficking in 2001. Among the activities initiated by the Focal Point was an
Action Research on Trafficking in Women and Children in India in the year 2002 in
collaboration with UNIFEM and the Institute of Social Sciences, a Research Institute in
New Delhi. The main focus of the Action Research was to find out the trends,
dimensions, factors and responses related to trafficking in women in India. Besides, it
looked into various other facets of trafficking, viz., the routes of trafficking, transit
points, the role of law enforcement agencies, NGOs and other stakeholders in detecting
and curbing trafficking. It also reviewed the existent laws at the national, regional and
international level. The Action Research was completed in July 2004 and its Report was
released to the public in August 2004. The recommendations and suggestions that
emerged out of the Action Research were forwarded to all concerned in the Central
Government, States/Union Territories for effective implementation. They were also
requested to send an action taken report on the steps taken by them. In order that the
recommendations and suggestions of the Action Research were implemented in true
spirit, the Commission subsequently devised a comprehensive Plan of Action to Prevent
and End Trafficking in Women and Children in India and disseminated the same to all
concerned. Before commencing the Action Research, an Information Kit on Preventing
and Combating Trafficking in Women and Children was also published by the Focal
Point. The main aim of the Information Kit was to inform the society about the various
aspects of Trafficking – its forms, the estimates, the causes, the consequences, the modus
operandi and the role of the Commission in preventing and combating trafficking. Prior
to the establishment of the Focal Point, the Commission with the help of UNICEF and
other organizations had carried out a campaign of Public Awareness on the problem of
Child Prostitution and Sexual Abuse of Children in 1998. . The main objective of the
programme was to sensitize senior representatives of the hotel and tourism industry on
various issues relating to sex tourism and trafficking. A National Workshop to Review
the Implementation of Laws and Policies Related to Trafficking was also organized in
2004 in collaboration with PRAYAS, A Field Action Project of the Tata Institute of
Social Sciences, Mumbai to work towards an effective rescue and post-rescue strategy.

Role of Ministry of Home Affairs

The Ministry of Home Affairs is also concerned with the problem of trafficking in
human beings. It organized a two-day National Seminar on the subject in collaboration
with the National Human Rights Commission and the United Nations Office on Drugs
and Crime (UNODC) at the India Habitat Centre, New Delhi on 27 and 28 October 2005.
The recommendations that emanated out of this Seminar have been sent to all concerned
Ministries. In August/September 2006, the Ministry of Home Affairs set up a Nodal Cell
for Prevention of Trafficking. The main function of this Cell is to coordinate, network
and provide feedback to the State Governments and other concerned agencies on a
sustained and continuous basis so as to prevent and combat trafficking in human beings.
This Cell has also been made responsible to document ‘best practices’ in preventing and
combating trafficking in human beings as well as share data inputs with other
stakeholders. In order to review the overall status of trafficking in the country, the Cell
proposes to convene regular meetings every quarter with all stakeholders.
Two major initiatives by MHA include:

•Partnering with the UNODC in the largest Anti Human Trafficking project of the UN
and addressing the empowerment of the law enforcement agencies in 5 states in India the
Project started in May 2006 has made several achievements and definite impact on the
Anti trafficking front.

•The MHA has organized the Nodal Officers Conference, involving the offcials from all
states on Anti human trafficking. 2 meetings have been held where the state Nodal
officers and representatives of UNODC, NCRB, as well as several Ministries of the GOI
have participated.
Role of National Commission for Women

The National Commission for Women is also dealing with the problem of trafficking in
women and children. In late 90s, it undertook two studies entitled ‘The Lost Childhood’
and ‘Velvet Blouse – Sexual Exploitation of Children’. In 2001, it undertook another
study entitled ‘Trafficking – A Socio-Legal Study’. Later in 2004, a study on ‘Coastal
Sex Tourism’ was carried out by it. Along with these research studies, it has organized
various seminars, training programmes and conferences on the subject of trafficking
Based on the above, it suggested amendments to ITPA in order to have a comprehensive
law on trafficking. The Commission also organizes legal awareness campaigns to
sensitize the women on
various legal issues The Ministry of Women and Child Development, the Ministry of
Home Affairs and the National Human Rights Commission have requested all Chief
Secretaries and Directors General of Police to sensitize the subordinate functionaries at
the cutting edge on trafficking as well as other issues related to trafficking so that
perpetrators of trafficking and its allied activities are severely dealt under the relevant
provisions of law. The Ministry of Women and Child Development, the Ministry of
Home Affairs, the National Human Rights Commission and the National Commission for
Women on their own and in collaboration with the civil society are sensitizing the
judicial officers, police officers, government officers and various other stakeholders on
issues related to trafficking in human beings for various purposes.

Identification of Traffickers and women Trafficked Victims

Trafficking means much more than the organized movement of persons for profit. The
critical additional factor that distinguishes trafficking from other kinds of clandestine
movement of persons is the presence of force, coercion and/or deception throughout or at
some stage in the process – such deception, force or coercion being used for the purpose
of exploitation. It is therefore very essential to keep a watch on all kinds of movements.
Besides, the Central Governments, State Governments and Union Territory
Administrations should not only identify and target the traffickers only but also those
who are involved in controlling and exploiting trafficked victims. For example, those
who are recruiters, transporters, those who transfer and/or maintain trafficked persons in
exploitative situations, those involved in related crimes and those who profit either
directly or indirectly from trafficking, its component acts and related offences.

1. Developing guidelines and procedures for relevant State authorities and officials
such as police, border security personnel, immigration officials and others
involved in the detection, detention, reception and processing of irregular
migrants, to permit the rapid and accurate identification of traffickers and
trafficked victims, including children.

2. Providing appropriate training to relevant State authorities and officials in the


identification of traffickers and trafficked victims, including children and correct
application of the guidelines and procedures referred to above.

3. Ensuring cooperation between relevant authorities, officials and non-


governmental organizations to facilitate the identification of traffickers and
trafficked victims and provision of assistance and support to trafficked victims.
The organization and implementation of such cooperation should be formalized
in order to maximize its effectiveness.

4. Identifying appropriate points of intervention to ensure that migrants and


potential migrants are warned about possible dangers and consequences of
trafficking and receive information that enables them to seek assistance if
required

.
5. Ensuring that all traffickers are arrested, prosecuted and punished with stringent
penalties for their deeds. One way could be of confiscating their assets and
proceeds of trafficking which could be used for the benefit of victims of
trafficking. In no way, the trafficked victims should be prosecuted for the
activities they are involved in as a result of their situation. It should be ensured
that protection of trafficked victims as well as the confiscation of assets and
proceeds of the trafficker for the benefit of trafficked victims is built into the anti-
trafficking legislation itself. In fact, consideration should be given to the
establishment of a Compensation Fund for victims of trafficking and the use of
confiscated assets should finance such a fund. The protection offered to the
victims in no way should be made conditional upon the willingness of the
trafficked victim to cooperate in the legal proceedings.

Prevention of Trafficking in women

Any intervention for prevention of trafficking should take into account the aspects of
both demand and supply as a root cause. Central Government/State Governments/Union
Territories should also take into account the factors that increase vulnerability of people
to trafficking, including inequality, poverty and all forms of discrimination and prejudice.
Effective prevention strategies should be based on existing experience and accurate
information. For ensuring effective interventions for prevention of trafficking, there is a
need for:

 Analysing the factors that generate demand and supply for exploitative
commercial sexual services and exploitative labour and taking strong legislative,
policy and other measures to address these issues.

 Empowering the vulnerable sections living in remote corners of country by


extending to them various welfare, development and antipoverty schemes of the
Government of India, such as, Swadhar, Swayamsidha, Swa-Shakti,
Swawlamban, BalikaSamridhiYojana, Support to Training and Employment
Programme for Women (STEP), Kishori Shakti Yojana, etc. This would provide
scope for ample economic opportunities for the women and other traditionally
disadvantaged groups in their native place itself so as to reduce their vulnerability
to trafficking

 Generating awareness through appropriate communication strategies and


spreading literacy on economic rights, particularly for women and adolescent girls
should be taken up. Presently, there seems to be insufficient knowledge and
information among the people to make informed decisions that affect their lives.
This would not only enable them to know about their rights but also inform them
about the risks of illegal migration (e.g. exploitation, debt bondage and health and
security issues, including exposure to Reviewing and modifying policies that may
compel people to resort to irregular and vulnerable labour migration. This process
should include examining the effect especially with regard to unskilled labour and
woman.

 Examining ways of increasing opportunities for legal, gainful and no exploitative


labor migration. The promotion of labour migration on the whole should be
dependent on the existence of regulatory and supervisory mechanisms to protect
the rights of migrant workers. Focusing attention on children and on adolescents,
who are both potential victims and clients. It would be useful if appropriate
information and value clarification is given to them on issues related to
‘sexuality’ and ‘reproductive health’. This exercise would be beneficial in view of
the growing evidence of increased pre-marital sexual activity among adolescents
and the looming threat of HIV/AIDS within this group.

 Strengthening the capacity of law enforcement agencies to arrest and prosecute


those involved in trafficking. This would include ensuring that law enforcement
agencies comply with their legal obligations.

 Devising an NGO network /consortium and developing mechanisms for concerted


coordination between the judiciary, police, government institutions and non-
governmental organizations/civil society groups with regard to prevention and
combating strategies.

 The Government-public network would make the non-governmental


organizations/community responsible and act as watchdogs and informants on
traffickers and exploiters. Adopting measures to reduce vulnerability by ensuring
that appropriate legal documentation for birth, citizenship and marriage are
provided and made available to all persons.

 Setting up of a national database/web portal under the aegis of National Crime


Records Bureau. The main purpose of this kind of a mechanism is to create a help
desk in providing information on missing persons including women and children,
alert notice on suspected traffickers, anti-trafficking networks and disseminate
do’s and don’ts to be followed while dealing with victims of trafficking, etc
Addressing culturally sanctioned practices like the system of devadasis, jogins,
bhavins, etc. which provide a pretext for trafficking of women and children for
sexual exploitation. Use of print, electronic and folk media to get the messages
across .

 HIV/AIDS) as well as avenues available for legal, non-exploitative migration.


Launching information campaigns for the general public aimed at promoting
awareness about the dangers associated with trafficking. Such campaigns should
be informed by an understanding of the complexities surrounding trafficking and
of the reasons that make people make potentially dangerous decisions about
migrating to other places

Recommendations on Preventing of Trafficking in women:


A) Creation of a Data base

• Database on source areas, routes, destinations, factors responsible for trafficking


should be created and updated from time to time. this may be done through Focus
group discussions, discourses, public hearings studies

• A website women should be created with periodic up gradation at National


and State levels. There should also be a victim tracking software for checking re-
trafficking and its prevention. This tracking system should be adopted by all the
states The main purpose of the website is to create a help desk which provides
information on missing women, send alert notices on suspected traffickers and
help create anti-trafficking networks.

Sensitization /Capacity Building

• Sensitization and capacity building of different stakeholders ,Judiciary and


Public Prosecutors , Police Officers, Medical Officers and Forensic experts should
be undertaken with the objective of ensuring better care and protection of
trafficked victims and increasing the conviction rate of traffickers.

• Sensitization programmes for media personnel should be organized to enable


them to report on victims of trafficking with sensitivity and create awareness on
the issue .

Education

 Free and compulsory education should be provided to all children attending


Government schools uptoXIIth standard. Programmes should be evolved to
ensure 100% literacy among girl children
 Programmes which provide education about reproductive health and life skills
in schools should be initiated to reduce the risk of young girls falling prey to
traffickers who exploit them sexually.

 Market based vocational training should be given to the school dropout girls,
which is the most vulnerable group along with regular health check-ups and
health , nutrition and hygiene education

 The Government should lay special emphasis for establishing schools in


conflict prone areas like the north east

Livelihood opportunities

• People’s knowledge about poverty-alleviation and economic


empowerment programmes should be enhanced through sustained
information sharing and such programmes should be implemented in
source areas with special focus on communities vulnerable to trafficking
(especially in source areas).

• Adequate relief and welfare measures should be provided for victims of


natural and man-made calamities to address their vulnerability.

• All schemes need to be integrated holistically with the human tracking


issue. State level departments including experienced NGOs should come
together at State, District and Block levels for implementation of different
schemes with special focus on vulnerable population in identified source
and destination points.

Advocacy and Communication


• Advocacy tools should be developed and used to ensure that the subject
of ‘Trafficking’ remains on the top of the national agenda.

• Communication and Media dissemination strategies to be developed and


extensively used for generating awareness among the common people on
modus operandi of traffickers, their profiles, dangers of trafficking and
methods to combat trafficking as also for bringing about attitudinal
changes with regard to status and position of women , especially girls in
the society.

• Appropriate slides should be displayed in all cinema/ video halls

• Awareness campaigns should be organized in schools and colleges

• Immigration counters, Hotel rooms, Lok Kala Kendra’s/ Tamaasha


theatres, Liquor bars, tourism spots, Railway stations, should carry anti-
trafficking messages for potential victims mentioning the dangers of
getting trafficked, the care to be taken to protect oneself against it and the
help available .Helpline Tel Numbers etc may be flashed at railway
terminals, railway junctions, & railway stations, S T depots etc will go a
long way in preventing trafficking .

• State owned television channels, radio, and hotels should prominently


display anti-trafficking messages, slogans with free helpline numbers.
Currently these spaces are sold out to commercial entities against royalty
and thus non profit making social messaging becomes unaffordable. A
certain percentage of these spaces and time slots must be reserved for anti-
trafficking messaging
AWARENESS PROGRAMMES FOR LAW ENFORCING
AGENCIES
i. Sensitization of the law enforcement agencies, judicialofficers and
specific government officers, specificallythrough training to be made
mandatory.
ii. Preparation of a rights based manual in consultation
with NGOs for use by both CSW and law enforcing
agencies.

iii. Stress on counselling of the victims


.
iv. ‘Raid’ and ‘rescue’ to be differentiated: raid is notrights sensitive and
is mostly victim centric, whereasrescue is process centric.

v. Presence of a Special Police Officer, social worker, NGOor person from


the community in the rescue operation.And immediately after rescue
counselling of the girl togive statement to the police against traffickers,
whetherkotha owners, pimps, factory owners, etc.

SENSITIZATION & AWARENESS PROGRAMMES FOR LAW


ENFORCING AGENCIES

i. Sensitization of the law enforcement agencies, judicial officers and specific


government officers, specificallythrough training to be made mandatory.

ii. Preparation of a rights based manual in consultationwith NGOs for use by both CSW
and law enforcingagencies.

Iii Stress on counselling of the victims.


iv. ‘Raid’ and ‘rescue’ to be differentiated: raid is notrights sensitive and is mostly victim
centric, whereasrescue is process centric.

v. Presence of a Special Police Officer, social worker, NGOor person from the
community in the rescue operation.And immediately after rescue counselling of the girl
togive statement to the police against traffickers, whetherkotha owners, pimps, factory
owners, etc.

LEGISLATIVEAMENDMENTS IN THE ITPA

The Act does not provide for a clear and precise definition of“prostitute”. The word
“prostitute” should be replaced withthe term “commercial sex workers” in the ITPA Act
and theterm “commercial sex workers” to be specifically defined, thusreorienting the
frame of reference away from the world ofmorality embedded in the term "prostitute" and
towards thecommercial nature of the work.For purposes of this Act "commercial sex
work" should meanany consensual sexual activity among or between adultswhether for
money or any other consideration.For purposes of this Act, nonconsensual sex acts,
whetherperpetrated by fraud, threat of force, or force, as well as any sexacts perpetrated
against minors would not be considered as"commercial sex work" and should be referred
to instead as"criminal sexual acts," collectively.

 Amendment should be made in the last part of the definition ofbrothel given in Section
2(a), from “ …… or for the mutual gainof two or more prostitutes” to “…or for the mutual
gain of morethan two prostitutes/commercial sex workers”; Often it is not safe for a single
girl to live alone, so two girls should be allowedto live in the same premises and carry on
their trade.

 Strict penalties for perpetrators of trafficking and specificoffence of trafficking to


be incorporated in the Act in keepingwith the criminal law.The definition of
trafficking has been incorporated in the Act,however there is no reference to
trafficking anywhere else in theAct. No offence of trafficking has been created
and theprosecution continues to invoke provisions against brothelkeeping, earning
from prostitution, procuring and detaining,which are all related to sex work.

Suggested changes in ITPA

Definition of trafficking

It is advisable to provide a legal definition of trafficking. The Goa Children’s Act, 2003
could beconsidered as an example. However, in defining ‘trafficking’, the following
points should beexplicit:
(a) That consent is immaterial for any person who is under 18 years.

(b) That with respect to persons who are 18 years and above, consent should mean
‘informed consent under no compulsion whatsoever’.

(c) Trafficking, by definition, has certain essential ingredients. The first aspect is the
displacementof a person from one community but need not essentially mean physical
movement from oneplace to another. Trafficking could be within the community too. For
example if the daughterof a woman subjected to commercial sexual exploitation is lured
or coerced by the brothelowner to join her brothel as a victim of CSE, this also should be
considered as trafficking,as the child is displaced from the community of the mother to
the community of the brothel.The second aspect of the definition should be its emphasis
on exploitation which couldbe physical, sexual or emotional.The third aspect of the
definition should be its focus on the commodification of the traffickedperson and the
commercialisation of the activity by anybody. It should be all-encompassing toinclude all
types of violation of human rights and dignity and should include even customary
activities which are exploitative, e.g., ‘dedicating a child’, and similar customs prevalent
in certainplaces. All such activities of trafficking should be covered by the Act.

(c) At times, it is possible that definitions can become too restrictive and, therefore,
counterproductive.In such a situation, as an alternative, the difficulty can be
solved by introducinga section giving legislative guidelines on what is intended to
be achieved by the key words used in the statute and how the interpretation should
go in favour of the victims when there are ambiguities.

Redefinition of brothel

Considering the fact that commercial sexual exploitation of women and children has
moved outof traditionally known brothels to beauty parlours, massage parlours, beer bars
and other suchplaces, it is essential to cover all such places under the ambit of the law

Sections 3, 4, 5, 6 and 9 of ITPA

These sections should be made sessions triable with a minimum punishment of five years
(whereverit is not provided for) and the fine amount should be increased to a minimum of
Rs. 25,000.
Section 5

Dealing with trafficking, this section of ITPA should be made more exhaustive,
comprehensive andexplicit to bring in all types of trafficking, and all associates,
accomplices, financiers, transporters,facilitators, promoters and all other exploiters within
the ambit of the law. Section 5.1 (b) speaksabout the intent of the person. This should be
replaced with ‘intent or knowledge’, so that all theseexploiters are brought to book.

Section 7 ITPA: Punishment

Under this section two categories of persons are liable: (a) any person who carries on
prostitutionand (b) the person with whom such prostitution is carried on. Therefore, part
(b) is the section thatbecomes applicable to the ‘customers’ or ‘clientele’. A fact that is
borne out of the research is thattrafficking cannot be prevented unless deterrent action is
taken against those who ‘demand’ theservices. Therefore, the punishment to the
‘customers/clientele’ has to be deterrent. Section 7(1A)prescribes a minimum of seven
years imprisonment and fine only if the victim is a child, and inother cases, as per Section
7(1)(b), the punishment for the ‘customer’ is only three monthsimprisonment and no fine
at all. This needs to be changed. There should be provision for stringentpunishment and a
mandatory fine on the ‘customer’. Moreover, the law should state that theamount taken as
fine should go to the victim. However, the study has shown that many teenagersand
children below 18 years are also part of the clientele. They probably venture into brothels
outof curiosity or lack of proper guidance and control. Such persons need to be
counselled, rather thanpunished

Section 8 ITPA
This section of the law which has been overwhelmingly used by all concerned for arrest
andconviction of trafficked women and children on the charge of ‘soliciting’. Therefore,
this sectionneeds to be provided with additional safeguards in the form of a proviso to
ensure that traffickedvictims of CSE are not arrested, prosecuted or convicted. There
should be one proviso whichexpressly states that a person under 18 years will not be
liable at all under this section. A secondproviso, in the form of a saving clause to
safeguard the interests of trafficked women, should statethat an adult woman would
become liable only if it is proved beyond doubt that she was solicitingvoluntarily and
without any coercion, threat, deceit, force, compulsion or intimidation. Accordingly,
themensrea should be explicitly brought out in the proviso of Section 8 ITPA.Section 8
has a proviso, authorising a different type of punishment for men accused of the
offence. Many law enforcement officials have stated that a plain reading of the section
gives animpression that this provision has a strong gender bias it gives lesser
punishment to men. Thishas to be set right in explicit terms, so that there is no
discriminatory treatment of women.

Notification of the Special Police Officer

Section 13 (1) and 13(4) ITPA should have a proviso that the officer notified as Central
TraffickingPolice Officer (CTPO) should be specially trained on women’s and children’s
rights, human rightsand the principles of victimology. There should be mandatory
training for the SPOs and theirsupervisory ranks before they are put on the job. Every
unit dealing with ITPA should have aminimum of two SPOs, with at least 50 per cent
being women police officials.

Section 15(4)
It authorises the special police officer to remove all persons found in brothels, etc. and
other placeswhere commercial sexual exploitation is carried out. There should be a
proviso added to thissection as below:The police officer should ensure that while doing
so, the rights of the personsbeing removed, including those of their children or wards, if
any, are protectedagainst any violation whatsoever. After removal, the police officer
should ensurethat the rescued persons and their children/wards, if any, are given
appropriatesecurity and shelter so that the rights of these persons are protected and are
notviolated by the exploiters or other accused or anybody else.

Section 15(5A)

This provides for mandatory medical examination of the rescued person for ascertaining,
inter alia,the presence of any sexually transmitted diseases. Considering the fact that the
person has a right
to decide whether he/she should be subjected to HIV/AIDS test, which has been ratified
by recentSupreme Court rulings, this provision appears to be counter to the provisions u/s
15 (5A). Therefore,considering the human rights perspective, there is a need to make
appropriate changes in thissection
.
Time-frame for medical examination and reportsIn section 15(5A), which deals with
medical examination of all rescued persons for the determinationof age, injury, sexual
abuse and HIV/AIDS, a proviso could be added that it will be incumbentupon the
doctor(s) to carry out all tests without any loss of time and to hand over the medical
report to the investigating police officer within three days of medical examination. The
membersof the advisory body under Section 13(3)(b) and the person whose medical
examination was done,or anybody acting on behalf of the person, should have a right to
know the contents of the medicalreport and if there is any dispute, the investigating
officer should immediately approach the civilsurgeon or anybody acting on his behalf,
get a medical board constituted and get the personmedically examined at the earliest.
These aspects need to be incorporated in the law.
Pre-emptive Custody

A subsection should be added to Section 15 ITPA to provide for rescue and rehabilitation
of allwomen and children who are vulnerable (JJ Act provides the same only for children
under 18 yearsof age). Justice V R Krishna Iyer says, “Many girls who have not yet
slipped in the circle of vicebut are perilously hovering around it and are gravitating
towards the flesh business, may have tobe kept sequestered and conscientised, studied
psychiatrically and given personalised attention.Pre-emptive semi-custody with facilities
for economic self-reliance and moral normalisation willbe possible only if some kind of
institution designed for this purpose is provided statutorily” There should be a specific
provision to authorise privately run,government-run or recognised institutions to take up
this task.

Section 17 (3)

This authorises the magistrate to pass an order for the safe custody of the rescued person.
Thefollowing words may be added to this section, “in a recognised rehabilitative
institution.”

The Sunset clause

There should be a ‘sunset’ clause that the period of stay in the safe custody and other
homesshould be for a minimum period, to be decided by the magistrate concerned,
keeping in mind thebest interests of the person. The magistrate should review the
decision at regular intervals of notmore than 15 days.

Section 17(5)
This says that a magistrate may summon a panel of five persons. Here the word “may”
shouldbe substituted by the word “shall”. Mandatory involvement of civil society would
be essential forafter-care activities.

Section 18

This has five sub-sections. A sixth sub-section may be added bringing in a provision for
attachment/seizure/confiscation/sale of all assets of the traffickers and other exploiters,
movable and immovable,wherever they are, if acquired through any criminal act defined
in ITPA. The investigating officershould be empowered to do this, at the stage of
investigation itself, after obtaining orders of theconcerned magistrate in whose court the
FIR is pending
.
Section 19
It relates to the application by a person seeking permission for being kept in a protective
home.This section may be amended to authorise NGOs, or an advocate or any person
working for thecause of victims of exploitation, to file such an application.

Section 22 (A), Section 22 (AA) and 22 (B)

These may be amended to raise the level of the courts dealing with ITPA to the court of
additionalsessions judge. The schedules attached to ITPA should also be changed
accordingly. Appointmentof special judicial officers could be considered. These could be
exclusive courts dealing with ITPAand all related offences.

Witness Protection and Support to Victims:


As mentioned at serial no. IX above, an adequate law enforcementresponse to
trafficking is dependent on the cooperation and support of traffickedvictims and other
witnesses. In many cases, individuals are reluctant or unable toreport traffickers or to
serve as witnesses because of the fear that they would notonly be harassed but also ill-
treated. In order that the trafficked victims and otherwitnesses shed their fears, the
Government should consider:
1. Guaranteeing protection for witnesses and support to victims in lawby providing
police protection (accompanied by NGO) during travelto and from trail court-
with preferably women police officers,

2. Developing witness protection protocols for both in-country andcross-border


cases of trafficking

3. Making appropriate efforts to protect individual trafficked victims andother


witnesses (including their families) during the investigation and trial process and
ny subsequent period when their safety sorequires. Appropriate protection
programmes may include some orall of the following elements: access to
independent legal counsel;protection of identity during legal proceedings; in-
camera trials andsetting up fast-track courts.

4. Ensure that child victims are accompanied always by a woman


police officer and an NG

HUMAN RIGHTS APPROACH

A. Psychological, physical, social and economic needs of thevictims to be fulfilled.

B. Post-rescue rehabilitation should be coupled with counselling.Sustained counselling


should be given to the girl rescued till theperpetrators of crime are punished and the girl
is finallyreintegrated with society. Mental health services to be provided to the
traumatized woman, in addition to addressing her basicneeds.

C. Rescued girls who have been abandoned by their families orare homeless should be
trained in economically viablevocational trades to ensure economic rehabilitation

D. Attempts to be made to shift from custodial care to communitybased care. Section 19


of the ITPA enables the woman to makean application to the magistrate having
jurisdiction for an orderthat she may be kept in a protective home or provided care,
protection by court. Included in this section in sub section 3(ii)are the words corrective
institution, which are derogatory. Thereshould be an attempt to shift away from
custodial/institutionalcare towards the more therapeutic non-custodial drop-inshelters and
community based care.

E. Explore the possibility of making alternative arrangement ofprotective homes for


rescued girls, and utilizing Institutions runby voluntary organizations by way of
certification; under S.21 which confers powers on the State Government to establish
protective homes. The section specifically provides that noperson or authority other than
the State Government shallestablish or maintain any protective home except under
licenseissued by the State Government.

F. Separate institutions to be set up for minors - less than 18 yearsand adults - 18 and
above.

G. Combined efforts should be made by the Police and NGOs tolocate addresses for
repatriation of the victims.

H. REPATRIATION - Repatriation is defined as the restoration,sending back or return of


rescued victims to place of originand/or residence. There should be a healthy and
strongcollaboration and networking between Governments, Judiciaryand concerned
NGOs to facilitate the repatriation of thetrafficked women and children. Shortage of
manpower torepatriate the victims cannot be accepted as an excuse used bythe police to
escape their responsibility. To be avoided arereturning girls to the families who are
themselves theperpetrators or abusers or returning them to families andsocieties not
willing to accept them back and where they arelikely to suffer further stigma and abuse.

Repatriation should be based on:

 . Human rights principles of freedom of movement, decisions, safe and


unthreatening environment.

 . Proper social investigation and home study to be conducted before repatriation


to ensure that the family is willing to accept the survivor back.

 Counseling to be provided for families along with sensitization initiatives to


facilitate easy acceptance of the repatriated survivors.

 . Developing and establishing comprehensive guidelines for repatriation.. Legal


mechanisms to be clear and uncomplicated to ensure speedy repatriation of
survivors – those willing and fit to be repatriated.

 . Developing a monitoring system as a follow up to repatriation.

 . Ensuring safe repatriation with proper entrustment

DATA ANALYSIS

As mentioned l earlier, this study has had the benefit of Focus Group Discussions
Interview with advocates and retired judicial officers they bring to light certain issuesthat
need to be considered in ensuring proper delivery of justice and law enforcement. They
arelisted below:

 Victim perspective should be the key in justice delivery. The violation of rights of these
persons should be taken into consideration before arriving at any conclusion.

 Every criminal act should have not only actusreus, but also mensrea. If mensrea is absent,
the person cannot be held guilty under ITPA. Therefore, investigation and prosecution
should see whether the person being charged under Section 8 ITPA, the most commonly
used section, did have the required intention or not. It is known that the trafficked
woman/girl is made to solicit under duress, coercion, lure, deceit or compulsion by the
trafficker or other exploiters. In such cases, the woman should be treated only as a
witness and not as an accused. If there was no informed intention, the person cannot and
should not be prosecuted for soliciting

 . Investigation and trial process need to be concluded in a specified timeframe. If the


trafficked victim is an outsider, she may have to be detained in an after-care home till her
evidence recording is completed and cross-examination is over. If she has been
repatriated, she may have to be called to the court on and off. This causes a lot of
inconvenience to the witnesses. Therefore, expeditious disposal is a must.

 The functioning of protective homes and corrective institutions, where the victims and
the accused, respectively, are to be sent, needs to be streamlined. Moreover, the
distinction between the two types of homes has to be clear to those involved in the
delivery of justice.

 Vocational training facilities in the protective homes should be wide ranging and focused
on the interests and choices of the persons concerned, with a view to empower them.

 Counseling should be integrated with rescue and rehabilitation .


 The criminal justice system should be victim-friendly, sensitive to the rights of the
victim and also proactive in ensuring their dignity and human rights. Courts must adopt
such a approach even during the trial. Effective victim-friendly procedures, like video-
conferencing, etc., need to be brought about

 Model courts and police stations could be established, at least on an experimental basis,
to ensure expeditious disposal of such crimes and effective partnership should be formed
between the various government agencies and NGOs in addressing the issue in
Investigation has to go into the roots of trafficking.

 The police should be oriented and trained to be professional in their work. Investigation
should be able to expose the entire trafficking nexus. Moreover, the procedures adopted
by the police have to be sensitive, responsive andvictim friendly, keeping the human
rights perspective in view.

 Prosecution should ensure timely appearance of witnesses so that the trial is not delayed.
Courts have an important role in ensuring the compliance of these rules by the police and
prosecutors.

CONCLUSION

To stop the trend and to save the girl child and women, there isno easy solution, only well-
reasoned choices which we all have to make under a concerted strategy involving social
workers, policy makers, NGO and the police can lead us to some light .In such cases
police also cannot do anything alone. For that purpose, awareness among the general
people and alertness among the family members can only save the girl from the well
organized flesh traders of the society.
The women and children who have been trafficked and thereafter subjected to
commercial sexual exploitation are living embodiments of the social tolerance of the
ultimate violation of human rights. These survivors are the largely helpless protagonists of
a grim tale of trade in human misery, indulged in by organised exploiters.. The traffickers
and their accomplices lost no time in skillfully exploiting these vulnerabilities. The failure
to enforce the law against traffickers has given them a free hand to perpetuate their
exploitation. The fact that a large percentage of the survivors were trafficked while they
were children shows the high demand for girl children for purposes of commercial sexual
exploitation and the consequent vulnerability of the girl child. After being trafficked,
women and children are subjected to the most abominable abuse physical, verbal, sexual
and emotional. The gross violation of their rights is further exacerbated when the victims
are arrested as accused, prosecuted and even convicted. Worse, revictimisation ensues
through the very process meant to redress their grievances. This shocking state of affairs
calls for stern action, via effective use of the available legal provisions, against traffickers,
clients and all other abusers; as well as proper arrangements for the adequate care and
protection of the survivors, ensuring that their rights are not violated any further. There is
an urgent need to provide them with suitable skills, information and resources so that they
are economically and socially empowered. Redressal mechanisms should not stop with
rescue. They should be expanded to include rehabilitation and reintegration and other
measures to ensure that the harm suffered by the victim is not repeated. The practice of
women , especially the rural women and children has alarmingly increased. Being
facilitated by global cooperation amongst traffickers and others concerned, this flourishing
industry has prospered worldwide . The culture of capitalism promotes the culture of
human trafficking. One of the main reasons for the spurt in trafficking in this decade is the
demand for trafficked people. In recent days, the nature and method of human trafficking is
changing and it is creating new challenges ahead for the government and legal support
providers in addressing the issue effectively. Previously trafficking of women and children
for sex industry was established as the feature of human trafficking. To save humanity
from trafficking it is urgently needed to address the ‘root causes’ of human trafficking with
an in-depth and holistic perspective. It is also needed to shed light on the ‘demand’ side of
trafficking, particularly on those social, political and economic forces that develop and
sustain a market for human trafficking. Positive societal perceptions towards the victims
and their families would definitely help in breaking the cycle of human trafficking. Anti-
trafficking policies have been formulated without considering particular cultural factors of
the society. While formulating the policies cultural factors must be taken into onsideration,
because the trafficking problem varies differently in different cultures. It is also important
to give attention to the culture of trafficked people in understanding the human trafficking
problem as well as combating this immoral global problem.