Chapter 5

CONCLUSION
AND
SUGGESTIONS
 Chapter 5

CONCLUSION AND SUGGESTIONS

Human trafficking is a human tragedy. It's an outrage

against any decent people.
-Mark Shield
5.1 Conclusion

Despite more than fifty years of legislation and interventions, child

trafficking in India continues on a massive scale. Stark poverty has frustrated and
offset all efforts to protect children. It is time to learn the lesson that treating the
symptoms without addressing the causes will not make a significant impact upon
the problem. We need to step back and start again by addressing the vulnerability
of the victims. Lifting millions of people above the poverty line is indeed a
challenging task, but the government and the NGOs are not the only stakeholders.
Every community has a stake in protecting its members, and the corporate sector
would benefit by increasing the human capital of its future workforce. Therefore,
the protective network must expand its membership and be more inclusive in
extending its protection. The children have waited long enough.

The purpose of this study was to address the gap in the research related to
child trafficking from the perspective of child welfare professionals. The research
seek to discern the level of awareness of child trafficking among child welfare
professionals; the meaning of child trafficking among child welfare professionals;
and the greatest challenges associated with the identification of child trafficking
victims. Implications of the study for policy and practice on child welfare and
child trafficking as well as recommendations for policy and practice and future
research are also presented. This study utilized the descriptive approach and
focused on describing the level of awareness of child trafficking and the meaning

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of child trafficking as well as the greatest challenges associated with the
identification of child trafficking victims from the perspective of child welfare
professionals. Information regarding child maltreatment is widely available from
the Administration on Children, Youth, and Families; however, lacking is specific
data related to child victims of human trafficking and commercial sexual
exploitation. It is critical that public child welfare administrators modify their
practices and implement assessment forms related to intake and investigation.
Additionally, greater detail is needed regarding sexual abuse cases and the variety
of circumstances involved.

The meaning of child trafficking was challenging. There were a lot of

unknowns in terms of what is trafficking and what is not trafficking. They viewed
it as a form of child abuse, often very similar to sexual abuse and synonymous
with child exploitation and prostitution/interfamilial prostitution. The predominant
themes identified related to participants’ perceptions of child trafficking included
movement; kidnapping; forced adoption; the buying and selling of children; harm,
forced labor, prostitution, or sexual acts; an abuse of power and control; for illegal
means, money, gain or profit; injustice, exploitation, and slavery; horrifying,
demeaning, and loss of innocence for the children; a form of child abuse/child
sexual abuse; among conditions of poverty; ethnic minorities and/or foreign
populations; involving drugs, weapons, violence, and force; organized crime;
hidden phenomenon; and prostitution and pornography.

The most significant challenges associated with the identification of child

trafficking victims are the lack of awareness, the lack of screening protocol and
criteria to properly identify victims, the absence of any training or resources
related to child trafficking, the lack of a formal definition of child trafficking and
the variables involved, and the ambiguous meaning of child trafficking. All of
these factors were cited as contributing to the difficulty noted by participants and
their ability to properly identify victims and correctly demarcate among child
abuse, sexual abuse, exploitation, prostitution/interfamilial prostitution, and
trafficking.

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 Victims of child sex trafficking have experienced a form of sex slavery
that necessitates appropriate assessment and treatment modalities to reflect the
trauma they endured. However, there is a lack of evidenced-based practice for
working with this population. In the child welfare system, public child welfare
workers depend on licensed private therapists and providers who are
knowledgeable in treating child sexual abuse but who struggle with the treatment
options available for child victims of human trafficking because of the poor best
practice fit. Service providers need to determine the specific form of treatment
needed. Typical treatment modalities of individual, family, and group therapy for
child sexual abuse, commonly used by child protective services, may not be
appropriate for child trafficking. Victims of trafficking may require greater
sensitivity due to fear of exposure, lack of anonymity, and because family
members many not be accessible. Child protection agencies should collaborate
with private organizations working with the exploitation of children to identify
appropriate treatment and therapy options, to recognize culturally competency,
and to adapt services to meet the diverse backgrounds of trafficking victims.

5.2 Suggestions

Though government of India has been initiated so many laws,

programmes, specialized support services for child victims of trafficking, but the
reality is still wretched. So, we need to take effective and efficient action
immediately from all corners involving all the institutions/stakeholders/civil
society/social workers/legal officials/police and legal system and other partners.

The following suggestions for the work -

 Understand the concepts and issues.

 Building a protecting environment for the children.

 Establishment of specific shelters for child victims of trafficking or

existing shelters to be equipped to provide systematic adequate assistance
and protection services, especially psychological counselling.

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 Notifying the Advisory Body (of NGOs mentioned in ITPA Act): As many
states have not taken any initiatives in this direction, so all state
governments should consider constituting an advisory body consisting of
NGOs and respected members of public who are committed and working
against trafficking.

 Forming rules under ITPA: State governments should revise the rules
mentioned long back under SITA (Suppression of Immoral Traffic Act,
1956) and issues a fresh set of rules under the ITPA. Rules should also list
out the procedure and protocols to be followed in rescue and post-rescue
operations.

 Need a multidisciplinary approach in combating trafficking: All the

ministries and departments should work together for the integration of
policy, programmes and projects on this issue concerned.

 Urgent Ratification of the UN Trafficking Protocol to Prevent, Suppress

and Punish Trafficking in Persons, Especially Women and Children.

 Religious and culturally sanctioned prostitution of children, particularly

among scheduled tribes and castes, must be systematically combated: the
Government’s Tribal Development Programme must foster partnerships
with civil society organisations to continuously implement programmes
that sensitize such communities, and rescue and support prostituted
children - particularly in areas such as Bihar, MP, UP and Rajasthan.

 The Government must make further efforts to protect trafficking victims,

such as institutionalizing child-friendly procedures in law enforcement,
child protection policies in relevant agencies and state operated shelters.
At a minimum, child victims must be provided with health and
psychosocial care, vocational training, legal counselling and
repatriation/reintegration services.

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 National Nodal Agency is required: To counter trafficking needs to be set
up a National Nodal Agency by integrating the anti-trafficking activities of
the central and state governments especially involving DWCD, department
of labour, social justice, home, tourism, railways, information and
broadcasting, law and justice and other agencies like NACO, CBI etc.

 GO-NGO partnership and NGO Co-ordination at the National level

 Improve distribution of state and central government rehabilitation funds

to victims under the Bonded Labour (System) Abolition Act (BLSA).

 Corporate response also required

 Role of UN Agencies and INGOs: Need a strong network for maximum

and effective utilization of resources and to ensure the non-duplication of
their efforts and wastages of resources.

 Commitment and accountability of development agencies.

 Integrating anti-trafficking issue in the training curricula.

 Increase intrastate and interstate investigations, prosecutions, and

convictions on all forms of trafficking, including bonded labour

 Bilateral trans-border cooperation among countries.

 Political will to understand and address various issues related to

trafficking: The sensitization of policy makers, parliamentarians,
legislators, elected representatives, PRIs to prevent trafficking and also
bring about required changes in the laws its implementations wherever is
required.

 Need a vulnerability mapping of the source areas and demand areas.

 Public awareness campaigns, open discussion and sensitization of

adolescents: The participation of media and civil society can inform and

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 educate communities about the dangers of trafficking. Awareness and
advocacy is required at the policy level i.e. National Planning
Commission, bureaucrats, politicians and the elite of the society.
Awareness at the local level, in the community through workshops, songs,
drama, poems, meetings, leaflets and posters especially in the rural areas is
also required. Gender sensitization must be conducted by NGOs. The key
to prevent trafficking in children and their exploitation in prostitution is
awareness among the children, parents and school teachers. Police
advocacy is an important intervention that has to be fine-tuned.

 Role of family both directly and indirectly in trafficking process.

 Community policing to bridge the gap between police common public.

 Role of Media: The media should transmit appropriate message to ensure

that the victims learn that they are not alone. Victims can be made aware
of places and institutions where they can seek help without any hesitation.
Wide publicity should be given regarding the legal, penal provisions
against trafficking and the modus operandi of the traffickers through radio,
television etc.

 Medical care and proper attention for the rescued persons and psycho-
social intervention.

 Link of homes with local police and NGOs.

 Strengthen justice delivery system and prosecution system.

 Strengthen both central and state government law enforcement capacity: to

fight against all forms of trafficking (no doubt the government made
progress in law enforcement efforts to combat human trafficking, but
concerns remain visible. It is seen that India prohibits and punishes most,
but not all forms of human trafficking under a number of laws.

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 The government prohibits bonded and forced labour through the BLSA,
the Child Labour (Prohibition and Regulation) Act (CLA), and the
Juvenile Justice Act. These laws were unevenly enforced. Moreover,
prison sentences were rarely imposed on offenders. India also prohibits
some, but not all, forms of sex trafficking through the Immoral Trafficking
Prevention Act (ITPA). The ITPA also criminalizes other offenses. Even
The ILO has noted that enforcement of the BLSA remains weak. Law
enforcement efforts against bonded labour were also hampered by
instances of police complicity, traffickers escaping during raids or on bail,
or cases dropped by officials for a variety of reasons, including insufficient
evidence, witnesses turning hostile, and intimidation by traffickers)

 Human rights perspective in law enforcement.

 Conjunction of the JJ Act, IPC, Other laws with ITPA to ensure justice
delivery to the victims.

 Stringent action against exploiters.

 Government commitment and capacity: To protect child victims of

trafficking, governments must ratify international legal standards that
address all forms of exploitation, as well as develop bilateral agreements
to facilitate cross-border cooperation.

 Legislation and enforcement: Far too often, trafficked children are arrested
and detained as illegal aliens, rather than recognized as the victims. The
prosecution of criminals needs to be complemented with legislation and
law enforcement needs to ensure that children in custody have access to
their families and other support services.

 Attitudes, customs and practices: Inequality between men and women,

boys and girls contributes to child trafficking. Abuse will also flourish if it
is socially acceptable for men to purchase sex with children, for families to
use children as domestic servants.

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  Essential services, including prevention, recovery and reintegration: Full
access to child welfare services, health and education should be granted to
children, regardless of their legal status.

 Monitoring, supervision, reporting and oversight activities: Every state

should maintain effective monitoring, supervision and oversight
mechanisms to collect reliable data and information from all the ground
level.

5.3 Recommendations

To prevent child trafficking awareness creating activities must be

undertaken by nongovernmental and governmental bodies working in all the
blocks of the district.

The following recommendations are offered based on the findings from

this study:

 Incorporate definitions and laws related to child trafficking in the

Colorado Children's Code, Title 19 of the Colorado Revised Statutes;

 Implement training and development about child trafficking in the Child

Welfare Training Academy that all new child welfare workers attend;

 Provide training for all current child welfare professionals at the agency
about child trafficking, its prevalence, what to be aware of, the definitions
in the state of Colorado and the United States, laws, and identification
measures;

 Develop screening protocol and appropriate interviewing skills/questions

for child welfare professionals and intake workers with identification
mechanisms to capture the language often associated with child
trafficking;

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  Create task force at identified agency to address child trafficking in the
community and to collaborate with other key stakeholders (i.e., human
services, law enforcement, mental health, schools, domestic violence/
sexual assault agencies, and health care);

 Develop best practices for collaboration/partnerships between child

welfare agencies, human services, law enforcement, mental health,
schools, domestic violence/sexual assault agencies, and health care;

 Identify resources related to child trafficking to support child welfare

professionals in their work;

 Develop best practices for working with victims of child trafficking to

address the multiple needs of this population;

 Redesign report system to include child trafficking as a form of child

abuse rather than the current standard classifications; and

 Prosecute under Colorado anti-trafficking legislation to build precedence

and ensure traffickers receive the most severe punishment and victims are
afforded the proper restitution, treatment, and care.

Recommendations for Prevention of Trafficking

Following recommendation for the prevention of trafficking-

1. Vulnerability mapping of the source areas

This is an essential requirement for prevention of trafficking. The study

has identified the various source areas in the country. It has also shown how the
source areas shift from one place to another and even from one state to another.
Therefore, no area can be permanently branded as the exclusive source area. It
needs careful understanding by the various stakeholders to identify the source
area, as any vulnerable area could develop into a source area. District officials,
along with NGOs working in the field, are the appropriate agencies to take on
such micro studies. The mapping has to be done keeping all the parameters and
dimensions in view and not only from the law and order perspective. It should be

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participatory, involving the community, the survivor and the victim. Since
panchayati raj institutions (PRIs) have a major role to play, their services should
be utilised. The initiatives of Tamil Nadu government in involving PRIs could be
thought of as a model.

2. Vulnerability mapping of the demand areas

Since trafficking is an organised crime, the exploiters are, without doubt,

criminals, and action has to be taken accordingly. This includes traffickers,
transporters, financiers, abettors, conspirators and all those who are involved, by
their acts of omission and commission, which lead to exploitation.

The group also includes the clients who abuse and exploit women and
children. The study has shown that the majority of them look for sex with children
and, therefore, such clients have to be dealt with stringently. The burgeoning
demand for child sex, both brothel-based and non brothel based has to be aborted
ruthlessly. Since child sex amounts to rape even with consent (vide s.375 IPC), the
clients need to be booked under substantive law too. At the same time, the study
has shown that there are some clients, especially teenagers, who come to brothels
for sex mostly out of curiosity or lack of guidance. These clients could be dealt
with by counselling and education.

They should be made aware of women’s rights, human rights and child
rights. Such programmes for action can be planned only after understanding the
demand scenario, which needs to be mapped in detail by involving the clientele.
Since this study has brought out different patterns in different states, it would be
appropriate that such micro-level mapping is carried out by the district
administration, as mentioned above, so that necessary steps can be locally
initiated, by involving all the stakeholders.

3 Addressing the vulnerabilities

The most important issue in prevention is to address the vulnerabilities of

women and children. Economic and social empowerments are the cornerstones for
prevention of trafficking. The different policies, programmes and projects of the

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government with respect to the various departments need to be dovetailed in such
a way that they necessarily have an anti-trafficking component, which would be
integrated into the larger plan of action by the concerned government department.
Self Help Groups (SHG) and PRIs can be effectively utilised for this. The Tamil
Nadu example shows that PRIs can be very effective in the empowerment of
women and children at the grassroots. The role of corporate has been discussed
earlier. They have an important role to play in prevention of trafficking by
addressing the vulnerable sections of society. Since the study shows that the
majority of the existing intervention programmes are focused on the supply side,
there is a need to reorient the focus to the demand side too. The study has shown
that trafficking has caused an exodus-like situation of women and children from
the economically/socially oppressed sections of society and those affected by
natural/man-made calamities. When such circumstances prevail, the girl child and
women become highly vulnerable. In such situations it has become a common
feature to convert the girl child, who is considered a liability, into an asset by
selling her or abetting in trafficking her. Therefore, preventive strategies need to
focus on such vulnerabilities. Developmental programmes should specifically
address social and economic empowerment of these vulnerable sections. There is
a need for significant inputs through education, public awareness and community
involvement.

4. Public awareness campaigns

Lack of awareness of human rights of women and children is the

springboard from which the exploiters gain impetus. Once the vulnerable sections
are adequately aware of their rights, they themselves will feel strengthened.
Though the public relations department of the government and certain NGOs
carry out such programmes, they are microscopic, considering the scale of the
problems concerned. The research has shown that there is a ‘conspiracy of silence’
by all concerned, which does not exclude family, community, religious
institutions, political parties and, at times, even CBOs, NGOs. There is a need to
have extensive and sustained awareness programmes focused on rights of

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individuals. Such programmes should be sustained too. It would be a good
strategy to empower them by encouraging leaders from among them, who would
be able to garner adequate public support for the anti-trafficking initiatives.
Moreover such awareness campaigns could be target-oriented, with specific
attention on the most vulnerable sections of society.

5. Sensitisation of adolescents

This research has shown that a large number of the victims as well as
clients are teenagers or adolescents, especially school and college students. There
is a need to address the issue of sexuality within this group and sensitise them
about the human rights of women and children. Appropriate NGOs could be asked
by the educational institutions to carry out such target-oriented advocacy in
schools, colleges, etc.

6. Role of Family

The study has shown that certain families, due to several reasons, are
directly or indirectly involved in the trafficking process. It could be their
ignorance, lack of livelihood options arising out of poverty, prevailing cultural
traditions, or commercial motives. There are plenty of instances of family
members getting lured by traffickers, falling prey to their evil designs and,
thereupon, allowing their wards to be trafficked. All such acts of omission and
commission have to be addressed in the appreciate manner. The situations vary
from place to place and, therefore, intervention programmes have to be focused on
the assessment of these realities. The mapping exercise stated earlier could be
utilised for this assessment. Moreover any preventive strategy should take the
family into consideration, as the role of the family has been found crucial.

7. Social culture

This research has brought to light the fact that prevention of trafficking is
possible only if the community is fully involved. Trafficking has deep roots in the
social ethos of the society and, therefore, cannot be handled by law alone. The
larger issues of lack of livelihood options, gender discrimination and deprivation

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of opportunities have to be kept in mind. Therefore, any preventive strategy
should focus on eradication of poverty, illiteracy, lack of awareness of rights and
livelihood options, as well as on issues of social and economic empowerment. The
lack of options provides a fertile ground for the exploiters to enhance their
commercial motivation and grow rich faster.

Therefore, the basic question is to uphold community values and create a

culture against exploitation of women and children. Community should become a
guarantor of human rights. The prevailing ‘culture of silence’ of the community
has to be transformed into ‘community involvement’. In this context, besides the
role of family discussed earlier, there is an important role to be played by all
stakeholders, viz., the schools, the panchayat, other democratic institutions,
NGOs, CBOs, religious teachers, media persons and all members of the
community. We need to build up a community culture to ensure that trafficking is
not just condemned, but not tolerated at all.

8. Community policing

Several initiatives have been taken by many police officers across the
country by involving NGOs to act as bridges between the police and the public.
Such initiatives of community policing are essential for combating trafficking.
This not only brings in the involvement of the community, but also facilitates the
functioning of the police. Community cooperation is essential for getting
independent witnesses for rescue operations. Rescued persons can be lodged in
the ‘homes’ run by NGOs. Certain innovative examples of community–police
partnership do exist, as depicted in some case studies in the second volume of this
report. The cross-border committees in certain districts on the Indo-Nepal border
are examples. The JIT programme, set up by the UN agencies, is another example.
However, such initiative saves to spread to other places and the existing ones need
to be institutionalised. In order to prevent cross-border trafficking, law
enforcement agencies like BSF and SSB could look at developing police–pubic

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networks, especially in the vulnerable areas, and utilise them for acting as
watchdogs and informants on traffickers and exploiters and thus, help in the
prevention of trafficking.

9. Combating sex tourism

Law enforcement agencies and civil society need to take special efforts in
this direction. Urgent steps have to be taken by the government to arrest the
menace of sex tourism. It cannot be hidden under the carpet any longer.
Coordination among the state police agencies and central law enforcement
agencies, including immigration authorities, as well as other related departments
like tourism and urban development, etc. has to be brought out in an
institutionalised manner. The provisions of the Goa Children’s Act, 2003 could be
a model for other states to bring in such provisions and ensure their
implementation. There is a need for extra-territorial legislation on the subject.
Moreover, preventive steps should include wide dissemination of the legal
provisions and preventive strategies, by involving tourism departments, corporate,
hoteliers, tour operators, and other stakeholders. Tourism promotion cannot be at
the expense of women and children. Protection of child rights and women’s rights
should form the core of tourism promotion initiatives, policies and programmes.

10. Addressing culturally sanctioned practices

Since several cultural practices provide the substratum for trafficking and
commercial sexual exploitation of women and children, it is essential to initiate
special efforts to address these issues in places where such practices exist. While
the Devadasi (Prohibition of Dedication) Act of Karnataka addresses the issue per
se, the Goa Children’s Act, 2003 addresses the issue of trafficking linked to
culturally sanctioned practices. Effective implementation of these social
legislations calls for synergy between law enforcement agencies, other
governmental institutions like NCW, and civil society. NGOs have a large role to
play in building up public awareness and breaking the silence of the community.

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There is a need to promote zero tolerance to this kind of exploitation in such
communities. At the same time, the rehabilitation of women and girls who have
been trafficked and exploited needs to be given special attention. Rehabilitation
efforts may go against the cultural norms in existence in the community and,
therefore, can be successful only if they are properly monitored, as is seen in the
Delhi case study where the Delhi High Court intervention was instrumental in
helping the rehabilitation of Bedia girls of Rajasthan.

11. Intervention to prevent trans-border trafficking

The SEVA model of setting up a Rights Awareness Centre at the Indo-

Nepal border has been successful in preventing trafficking under the garb of
migration. While not interfering with migration, the strategy of making the
migrants aware of their human rights has succeeded in preventing trafficking of
girl children. Such models could be replicated in other areas on the border by
involving the NGOs which are working on issues related to cross-border
trafficking.

12. Role of Media

The media has a large role to play in mobilising public support and
involvement for preventing and combating trafficking. Due to its outreach and its
ability to mould public opinion, it is a powerful tool of social change. Therefore,
there is a need for involving the media in a sustained manner. Investigative
journalism on trafficking needs to be promoted. However, media publicity should
take into consideration the rights-approach and ensure that there is no violation of
the rights of the victims and survivors. And so, there is a need to develop
minimum standards for the media.

The NHRC may consider facilitating appropriate agencies to bring out

guidelines in this regard. Moreover, there is a need for linkage of media persons
across the borders so that they can work on a common platform, especially with
respect to prevention of trafficking. Multilateral agencies could help in
establishing and facilitating this linkage.

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Recommendations for Future Research

Research is generally lacking with respect to child trafficking and the

literature that is available is not very consistent due to the hidden nature of the
phenomenon. There is a lack of research centered on child trafficking in the
United States and even more so through the lens of child welfare. There are many
opportunities for future research related to child trafficking in general as well as
specifically within child welfare and child protective services.

The critical paradigm, the guiding theoretical framework of this study

serves to articulate the severity of child trafficking and the importance of
advancing the research concerned with this atrocious crime. Future research
focusing on child trafficking and child welfare at the local, national, and global
level is much needed. Specifically related to child trafficking and child welfare,
the following recommendations apply:

1) Collect quantitative data about the prevalence of child trafficking in

the identified geographic area;

2) Interview child welfare professionals in different geographic regions

about awareness and prevalence;

3) Interview child welfare professionals and their experiences working

with state child welfare agencies, legislation, courts, victims and
families;

4) Interview survivors of trafficking to learn more about their

experiences in a phenomenological study;

5) Interview traffickers to generate a profile and to learn about the

recruitment tactics, motives, and lifestyles;

6) Research evidenced-based practices for trauma-informed therapy and

victim-cantered services, specifically for child trafficking victims.

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