This document summarizes an empirical study on the status of law enforcement in child trafficking in NOIDA, India. It finds that child trafficking is prevalent due to factors like poverty, gender discrimination, and lack of social security. The legal framework has gaps in defining trafficking and handling missing children cases. Law enforcement agencies like Anti-Human Trafficking Units (AHTUs) are under-resourced, under-trained, and distracted by other duties. As a result, few trafficking cases are registered. The study recommends strengthening laws and AHTUs, improving prevention, and developing coordinated rehabilitation and data networks to better address child trafficking in NOIDA.

1. Exploring the Status of Law Enforcement in
Child Trafficking:
An Empirical Study of NOIDA
Presented by
Dr. G. K. Goswami
Roll No. – 35/2011/LLM- I (Eve)
INDIAN LAW INSTITUTE

2. “Drugs and weapons can only be sold one time;
women and children can be sold every day, over
and over…”

3. CHILD TRAFFICKINGCHILD TRAFFICKING
INDIAN LAW INSTITUTE
Definition
“keeping a child away from natural environment for the
purpose of exploitation mentally, physically, sexually etc….”
UNODC Defines TIP-
“The re cruitm e nt, transpo rtatio n, transfe r, harbo uring o r re ce ipt
o f pe rso ns, by m e ans o f thre at o r use o f fo rce o r o the r fo rm s o f
co e rcio n, o f abductio n, o f fraud, o f de ce ptio n, o f the abuse o f
po we r o r o f a po sitio n o f vulne rability o r o f the g iving o r
re ce iving o f paym e nts o r be ne fits to achie ve the co nse nt o f a
pe rso n having co ntro l o ve r ano the r pe rso n, fo r the purpo se o f
e xplo itatio n. ”

4. Issues of conceptual clarity
INDIAN LAW INSTITUTE
Lack of conceptual clarity and consensus on what
precisely constitutes trafficking
Issue of cultural relativism
The multiplicity of attributes and variables involved in the
trafficking process and the different perspectives on the
subject
Statistics
No consensus on statistics both globally & in India
no firm quantitative statistics available on child trafficking in India.
UNICEF claimed two million people become victim of TIP each year, of
which 1.2 million are children.
NGO’s estimations for child labour ranges between 29 million to 65
million as per year in India

5. Causative Factors of Trafficking in Person
(TIP)
‘The Seven Deadly Sins’ responsible for TIP are –
Rampant Poverty
Violence against women and children
Concealment of incest and rape
Discrimination and devaluation of women and children
Ignorance (hope for a better life)
Greed
Lack of social security during-
Political instability
Armed conflict
Orphans/child-headed households
HIV/AIDS
Natural disasters like Tsunami/Katrina

6. STRATEGIES TO COMBAT TIP
Global Approach to combat Child Trafficking:
Prevention
Protection
Prosecution
 Developmental Approach: Focusing on Prevention
 Community Policing Approach:
‘Partnership in decision making’ – core of democracy
Gandhian philosophy of justice
Top-down approach
PR System Participation
INDIAN LAW INSTITUTE

7. INDIAN LAW INSTITUTE
Initiatives by Government of India
Thrust Areas:
Prioritization of combating human trafficking
Strengthening legislation
Better law enforcement response
Training and capacity building
Setting-up specialized Anti Human Trafficking Units
Action Taken- in 2007
Nodal Cell in Ministry of Home Affair
Anti - Human Trafficking Unit (AHTU)

8. Objectives
To explore existing legal gaps in defining child trafficking
and missing children.
To identify the status of statistics projected and the ground
reality in TIP and the causative factors for such variations, if
any.
To understand the status, trends and patterns of child
trafficking in NOIDA.
To find out the level of awareness about their legal rights
among the victims and their experience with the law
enforcement agencies.
To ascertain whether child trafficking is a gender biased
issue. If so, then causative factors.
INDIAN LAW INSTITUTE

9. Objectives contd…
To explore the level of professional approach and capacity
building, priority for their other duties etc of law enforcement
agencies.
Status of working of AHTU in NOIDA and response of peer
police personnel to be associated with AHTU.
To know the constraints in law enforcement at the level of
registration, investigation, prosecution and rehabilitation.
To ascertain the mysterious linkages between child
trafficking and missing children, if any.
INDIAN LAW INSTITUTE

10. Hypothesis
The legal framework for law enforcement against child
trafficking provisions is colossal but carries legal gaps.
There exists a wide gap in acknowledging the problem-
lack of registration of cases and problem at ground
reality and confusion due to legal remedy for
investigating missing person cases.
The law enforcement agencies status:
- ill equipped, non-professionalism, suffer with crime statistics
management reflected in non registration of cases
- low morale, lack of training, frequent transfers
In-adequate rescue and rehabilitation mechanism
INDIAN LAW INSTITUTE

11. METHODOLOGY
NOIDA is a satellite town of NCR, possess tendencies
and life style of Metropolitan city.
As per 2011 census its population was 6,42,381 and
over 1 lac floating population every day.
Why NOIDA for study:
- In 2006, NOIDA was in lime light for ‘Nithari Case’.
- Researcher himself a police officer from UP Cadre.
- NOIDA has the problem of TIP in various forms.
Time Frame: Since 2000 when JJ Act came into being.
Methods of Data Collection:
- Primary data- Interviews, questionnaire
- Secondary data- NCRB, DCRB, internet
U T T A R P R A D E S H P O L I C E

12. Research Questions
Legal gaps in defining the child trafficking and missing
children.
Causative factors for TIP
Status of law enforcement in terms of their professionalism,
sensitivity, training, morale components.
Gap analysis in reporting the cases and actual scenario,
status of investigation, prosecution, trial and rehabilitation.
Role of NGOs and their view point toward the issue.
In-adequate rescue and rehabilitation mechanism
INDIAN LAW INSTITUTE

13. DATA ANALYSIS
Nature of Problem in NOIDA:
- “Poverty is the mother of all kind of exploitations”
- Jharkahand, Orissa, Bihar, Eastern Uttar Pradesh, Assam etc.
- Role of Placement Agencies (PA).
- Children working as domestic help, Pushcart (Thella),
business centres, organized begging, rag picking, petty offences
etc.
- No case reported for sexual abuse
Gender Issues:
- The girl child are more vulnerable in terms of
 missing children
 demand in domestic help
INDIAN LAW INSTITUTE

14. Missing Children Nexus
No proper procedure of reporting of missing children.
Only entry in G.D. at Police Station, No FIR
No proper data available
Bachpan Bachao Andolan Report 2012 observation:
- average number of 150 reported missing children per district annually
- average number of 54 untraced children per district
- If applied in 392 districts amounts to 34,500
Nithari case in NOIDA was turning point and SC issued
directions.
SupremeCourt Guidelines:
 Hori Lal vs. Commissioner of Police & oths (2002) SC
 Lalita Kumari vs. State of U.P. & Ors. (2008) SC
INDIAN LAW INSTITUTE

15. ANALYSIS
U T T A R P R A D E S H P O L I C E
Figure-1: Gender comparison of Missing Children in NOIDA

16. ANALYSIS
U T T A R P R A D E S H P O L I C E
Figure-2: Comparing age profile of missing boy and girl children

17. Status of AHTU
GoI scheme, came into existence in NOIDA on 23 March’
2011
ever since only 03 cases got registered
01 Inspector, 02 SI, 02 HC and 04 Constables
Issues :
- Tenure of posting vary from 10 days to average 4 months.
- No training in the foundation course.
- Lack of motivation
- less experience in dealing child issues.
- Used in regular duties of L/O, VIP security etc.
- In peer group posting in AHTU – low rating
- Tendency not to register cases to keep crime stat under
control
No mechanism for evaluationINDIAN LAW INSTITUTE

18. ANALYSIS
U T T A R P R A D E S H P O L I C E
* Date of establishment of AHTU in NOIDA
Figure-3: Tenure of Posting in AHTU, NOIDA

19. ANALYSIS
U T T A R P R A D E S H P O L I C E
Figure-4: Experience of Investigation of TIP cases at different ranks at AHTU
(in terms of cases investigated)

20. FINDINGS
Legal gap analysis:
- concept of TIP is highly complex and affected by cultural relativism.
- The concept and definition of ‘missing children’ need to be elaborate in Indian
Jurisprudence and accordingly law have to be formulated.
Cause effect Analysis: Multi factorial
- poverty
- ignorance
Enforcement agencies:
- AHTU, prosecution, rehabilitation have mal-functioning
- Lack of performance evaluation mechanism
- The rescue and rehabilitation are inadequate
- No mechanism for coordination with NGO etc.
Lack of holistic approach
INDIAN LAW INSTITUTE

21. RECOMMENDATIONS
Prevention:
- Emphasis on equitable justice
- Integration the Panchayat Raj System
- Participation in decision making
- Various welfare schemes
- Create Awareness Campaigns
- Vulnerability Mapping of TIP and child labour at national, state,
districts levels
Bridge legal gaps:
- design definition of TIP and missing person in Indian context
- incorporate missing persons into cognizable offence.
- linking missing child and child in confrontation with law for
purpose of investigation. - Integrated Approach
INDIAN LAW INSTITUTE

22. RECOMMENDATIONS contd….
Strengthening AHTU:
- Posting based on deputation with fixed term tenure
- Emphasis on capacity building to improve morale, sensitivity etc.
- Strengthening unit by qualitative man and material
- Dedicated team- No other duties
- Regular interaction with various stakeholders.
- Handling cases of missing children and trafficked children by AHTU
- liaison at Railway Stations and bus stands in search of victims
- strengthening collection and collation of intelligence inputs of TIP
- rewarding good work
Prosecution:
- The statement of rescued victims under section 164 Cr.P.C. must be
recorded in time
- Timely production of witnesses in the court
INDIAN LAW INSTITUTE

23. RECOMMENDATIONS contd….
Rehabilitation:
- Expending social security network in terms of quality and
quantity of Protection Homes.
- separate compartment for victim children and the children in
confrontation with the
- Need to facilitate more public spirited partnership in rehabilitation and
rescue of the children.
Develop Appraisal Mechanism for the Status of TIP:
- Status Evaluation & Performance Audit Committee’ headed by
the District Judge and members like DM, SP, Labour dept. and other
stakeholders.
- Its report must be enforced properly.
INDIAN LAW INSTITUTE

24. RECOMMENDATIONS contd….
Develop legal mechanism to get domestic help
Networking of information:
- Integrated Approach for networking of Database at National,
State, District and Tehsil level.
- Regular updating of the data
- The Delhi Police model of ZIP Net have already initiated.
- Public excess to the site to provide inputs.
Tracing cross linkages with other trafficking:
- The data base should be compatible to search culprits and victims from
other trafficking like drug, weapons, wildlife, terrorism etc.
Develop Mechanism to identify black sheep in the
System
INDIAN LAW INSTITUTE

25. INDIAN LAW INSTITUTE

26. U T T A R P R A D E S H P O L I C E