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HUMAN TRAFFICKING
FROM
MANISHA RANA
BSC(H) ANTHROPOLOGY
 Second most populated country > 1.2 billion
 Seventh largest country in the world
 29 States and 7 UnionTerritories
 Shares borders with 6 countries in Asia
 Sex ratio- 933 females per 1000 males
 56.9% population is between 15-59 years old
 Largest parliamentary democracy
INDIA : AN OVERVIEW
WHAT IS HUMAN TRAFFICKING ?
Human trafficking is modern-day
slavery that involves the use of force,
fraud or coercion to obtain some type of
labor or commercial sex act.
 The Act (What is done)
Recruitment, transportation, transfer, harboring or receipt
of persons
 The Means (How it is done)
Threat or use of force, coercion, abduction, fraud,
deception, abuse of power or vulnerability, or giving
payments or benefits to a person in control of the victim
 The Purpose (Why it is done)
For the purpose of exploitation, which includes exploiting
the prostitution of others, sexual exploitation, forced labor,
slavery or similar practices and the removal of organs.
TRAFFICKING IN INDIA
 India is a source, destination, and transit country for men,
women, and children trafficked for the purposes of forced
labor and commercial sexual exploitation. NGOs estimate this
problem affects 20 to 65 million Indians. India is also a
destination for women and girls trafficked for the purpose of
commercial sexual exploitation.
 Children are subjected to forced labor in various industries.There
are also victims of labor trafficking among the thousands of
Indians who heavily migrate willingly every year for work as
domestic servants and low-skilled laborers such workers are the
victims of fraudulent recruitment practices that lead them
directly into situations of forced labor, including debt bondage; in
other cases, high debts incurred to pay recruitment fees leave
them vulnerable to exploitation by unscrupulous employers in
the destination countries, where some are subjected to
conditions of involuntary servitude, including non-payment of
wages, restrictions on movement, unlawful withholding of
passports, and physical or sexual abuse.
 Trafficking in Human Beings or Persons is
prohibited under the Constitution of India. The
specific provisions are in Article 23 (1) of the
Constitution of India which is as follows:-
'Traffic in human beings, beggar and other
similar forms of forced labor are prohibited
and any contravention of this provision shall
be an offence punishable in accordance with
law'.
Constitutional Provisions Against Human
Trafficking
HUMAN TRAFFICKING: THE FACTS
 An estimated 2.5 million people are in forced
labor (including sexual exploitation) at any
given time as a result of trafficking Of these:
 56% - are in Asia and the Pacific
 10% - are in Latin America and the Caribbean
 9.2% - are in the Middle East and Northern
Africa
 5.2% - are in sub-Saharan countries
 10.8% - are in industrialized countries
 8% - are in countries in transition
 161 countries are reported to be affected by
human trafficking by being a source, transit
or destination.
 People are reported to be trafficked from 127
countries to be exploited in 137 countries,
affecting every continent and every type of
economy
Traffickers operate at the following
levels
Local
City Wide
National
International
 Anyone who profits by
receiving cash or
other benefits in
exchange for sex with
a minor
 Include family, friends,
and “boyfriends”
 Sell anywhere from
20-800 individual
women in their lifetime
 Up to 90% of victims
are under control of a
pimp.
NATIONALLY
 An estimated 14,500 to 17,500 foreign nationals
are trafficked into the United States each year.
 An estimated 100,000 American children are
being exploited in the commercial sex industry
annually.
The Victims
 The majority of trafficking victims are between 18
and 24 years of age
 An estimated 1.2 million children are trafficked each
year
 95% of victims experienced physical or sexual
violence during trafficking (based on data from
selected European countries)
 43% of victims are used for forced commercial sexual
exploitation, of whom 98 per cent are women and
girls
 32% of victims are used for forced economic
exploitation, of whom 56 per cent are women and
girls
 Many trafficking victims have at least middle-level
education
GOVT STEPS
 The Government of India prohibits some forms of trafficking for
commercial sexual exploitation through the ImmoralTrafficking
Prevention Act (ITPA).
 Prescribed penalties :Acc .to the ITPA it is ranging from seven years’ to
life imprisonment.
 India also prohibits bonded and forced labor through the Bonded Labor
Abolition Act, the Child LaborAct, and the Juvenile Justice Act.
 These laws are ineffectually enforced, however, and their prescribed
penalties — a maximum of three years in prison —are not sufficiently
stringent.
 Indian authorities also use Sections 366(A) and 372 of the Indian Penal
Code, prohibiting kidnapping and selling minors into prostitution
respectively, to arrest traffickers.
 Penalties under these provisions are a maximum of ten years’
imprisonment and a fine.
 India’sCentral Bureau of Investigation incorporated anti-trafficking
training into its standard curriculum. In November, the State
of Maharashtra developed an action plan to combat trafficking; it did not,
however, allocate appropriate funding to accomplish the objectives of this
plan.
Measures to be taken for public Awareness
 Spread Information of regarding risk of
becoming a victim.
 Spread information regarding risk of getting
involved in trafficking business.
 Spread information regarding rights of victims.
 Information regarding punishment for engaging
in commercial sex.
 Method of information of reporting a
recruitment activities.
 Information as hotline and available victim
services.
LAWS
 The Customs and Facilitations andTrade Enforcement
ReauthorizationAct of 2009. Sections 307 and 308 of the Act
amend the originalTariffAct of 1930 to include provisions to
prohibit the importation of goods to the United States made by
benefit of human trafficking or forced labor.
 Intelligence Reform andTerrorism Prevention Act of 2004.
Section 7202 of the Intelligence Reform andTerrorism Prevention
Act established the Human Smuggling andTraffickingCenter to
achieve greater integration and overall effectiveness in the U.S.
government's enforcement and other response efforts, and to
work with foreign governments to address the separate but
related issues of alien smuggling, trafficking in persons, and
criminal support of clandestine terrorist travel.
 PROTECT Act of 2003.The PROTECT Act (Prosecutorial
Remedies and OtherTools to End the Exploitation of Children
Today) intends to protect children from abuse and sexual
exploitation, a common element of child human trafficking.
 Civil Asset Forfeiture Reform Act of 2000
(CAFRA).The Department fights human
smuggling and trafficking through the issuance
of CAFRA, which provides notice to property
owners whose properties have been identified as
being used to facilitate smuggling or harboring
aliens; it is an important tool because many
employers turn a blind eye to the facilitation of
criminal activity on their properties.
 The Mann Act of 1910.The Mann Act and its
subsequent amendment resolutions makes it a
felony to knowingly persuade, induce, entice, or
coerce an individual to travel across state lines to
engage in prostitution or attempts to do so. It is
an effective tool used to prosecute human
traffickers.
Indian National Legal Framework
Criminal Law (Amendment) Act, 2013.
Immoral Traffic (Prevention) Act, 1986
(being amended).
Indian Penal Code (select provisions).
Child Labour (Prohibition and Regulation)
Act 1986.
Juvenile Justice (Care & Protection of
Children) Act, 2000.
Prohibition of Child Marriage Act, 2006 and
POCSO 2012.
National Policies and Plans
National Child Labour Policy.
National Plan of Action to combat trafficking and
commercial sexual exploitation of women and
children.
National Policy for the Empowerment of Women.
National Plan of Action for Children.
Integrated National Plan of Action to Prevent &
Combat Trafficking of Human Beings
International Conventions and
Legal Instruments
Convention on the Rights of the Child (CRC) and its Optional
Protocols (Sale of Children, Child Prostitution & Child
Pornography) [Ratified]
Convention on Elimination of all forms of Discrimination against
Women (CEDAW) [Ratified]
UN Convention Against Transnational Organized Crime (UNTOC)
and its protocol on trafficking [Ratified].
Protocol to Prevent, Suppress & Punish Trafficking in Persons,
especially Women & Children supplementing above Convention
[Ratified].
SAARC CONVENTION ON PREVENTING AND COMBATING
TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION
Role of Central Government Prevention
Advisory to States regarding constitution of the State Advisory
Committee/ Nodal Officers for preventing & combating trafficking
of women and children for commercial sexual exploitation
Implementation of legislations prohibiting Trafficking in Human
Beings such as:
• Immoral Traffic (Prevention) Act, 1956
• Prohibition of Child Marriage Act (PCMA), 2006
• Bonded Labor System (Abolition) Act, 1976
• Transplantation of Human Organs Act 1994 ( Amendment under consideration)
• Juvenile Justice (Care & Protection of Children) Act, 2000
• Sections 372, 373, 370 & 370A of the IPC
Integrated National Plan of Action to Prevent & Combat Trafficking
of Human Beings, with Special focus on Women and Children
Role of Central Government Rescue
and Rehabilitation
MHA has advised police and other law enforcement agencies to
adopt a victim centric approach and leverage schemes such as
Swadhar shelter homes, UJJAWALA etc. for
• prevention of trafficking,
• rescue,
• rehabilitation, reintegration and repatriation of the victims.
Vocational Training and Skill Up Gradation through Skill
Development Mission (National Council for Skill Development)
and Sabla Scheme for Adolescent Girls
• Adolescent boys and girls of vulnerable groups
• Women Self-Help group by Impulse and Gap. Inc
Ministry of Labor & Employment has developed a detailed
protocol for prevention, rescue, repatriation, rehabilitation and
reintegration of migrant and trafficked child labour which has
been issued to all State Governments for implementation.
Criminal Law (Amendment)Act 2013
 Criminal Law(Amendment) Act 2013 has
come into force wherein Section 370 of the
IPC has been substituted with Section 370
and 370A of IPC which provide for
comprehensive measures to counter the
menace of human trafficking including
trafficking of children for exploitation in any
form including physical exploitation or any
form of sexual exploitation, slavery,
servitude, or the forced removal of organs.
HumanTrafficking has specifically been
defined in the Act.
Coordination with other countries
Bilateral treaties and MoUs, like latest (May 2014) MoU
between India and Myanmar on border cooperation
SAARC level initiatives- Training and capacity building
incl. study tours
Standard Operating Procedures (SOPs) on better
cooperation to address repatriation of victims with
Bangladesh, Bhutan and Nepal
Task Force between India and Bangladesh to counter
human trafficking
Prosecution
 The Government of India penalises trafficking for
commercial sexual exploitation through the Immoral
Trafficking Prevention Act (ITPA). Prescribed penalty
under the ITPA – ranging from seven years' to life
imprisonment – are sufficiently stringent and
commensurate with those for other grave crimes.
India also prohibits bonded and forced labor through
the Bonded Labor Abolition Act, the Child Labor Act,
and the Juvenile Justice Act.
 Indian authorities also use Sections 366(A) and 372 of
the Indian Penal Code, prohibiting kidnapping and
selling minors into prostitution respectively, to arrest
traffickers. Penalties under these provisions are a
maximum of ten years' imprisonment and a fine.
 Bonded labor and the movement of sex
trafficking victims, may occasionally be
facilitated by corrupt officials.They protect
brothels that exploit victims, and protect
traffickers and brothel keepers from arrest
and other threats of enforcement
Strategy to tackle Trafficking
PREVENTION PROTECTION PROSECUTION
• Deal with Root causes;
• Education,
Unemployment, Poverty
• Awareness Raising;
• Sound Policies
• Enforcement
• Assistance;
• Empowering
Victims;
• Human Rights Based
Approach
• Criminalisation;
• Investigation;
• Sensitization of
Stakeholders
• International
Cooperation
Rescue, Rehabilitation & Reintegration in the society
Let us all join hands

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Human trafficking

  • 2.  Second most populated country > 1.2 billion  Seventh largest country in the world  29 States and 7 UnionTerritories  Shares borders with 6 countries in Asia  Sex ratio- 933 females per 1000 males  56.9% population is between 15-59 years old  Largest parliamentary democracy INDIA : AN OVERVIEW
  • 3. WHAT IS HUMAN TRAFFICKING ? Human trafficking is modern-day slavery that involves the use of force, fraud or coercion to obtain some type of labor or commercial sex act.
  • 4.  The Act (What is done) Recruitment, transportation, transfer, harboring or receipt of persons  The Means (How it is done) Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim  The Purpose (Why it is done) For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labor, slavery or similar practices and the removal of organs.
  • 5. TRAFFICKING IN INDIA  India is a source, destination, and transit country for men, women, and children trafficked for the purposes of forced labor and commercial sexual exploitation. NGOs estimate this problem affects 20 to 65 million Indians. India is also a destination for women and girls trafficked for the purpose of commercial sexual exploitation.  Children are subjected to forced labor in various industries.There are also victims of labor trafficking among the thousands of Indians who heavily migrate willingly every year for work as domestic servants and low-skilled laborers such workers are the victims of fraudulent recruitment practices that lead them directly into situations of forced labor, including debt bondage; in other cases, high debts incurred to pay recruitment fees leave them vulnerable to exploitation by unscrupulous employers in the destination countries, where some are subjected to conditions of involuntary servitude, including non-payment of wages, restrictions on movement, unlawful withholding of passports, and physical or sexual abuse.
  • 6.  Trafficking in Human Beings or Persons is prohibited under the Constitution of India. The specific provisions are in Article 23 (1) of the Constitution of India which is as follows:- 'Traffic in human beings, beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law'. Constitutional Provisions Against Human Trafficking
  • 7. HUMAN TRAFFICKING: THE FACTS  An estimated 2.5 million people are in forced labor (including sexual exploitation) at any given time as a result of trafficking Of these:  56% - are in Asia and the Pacific  10% - are in Latin America and the Caribbean  9.2% - are in the Middle East and Northern Africa  5.2% - are in sub-Saharan countries  10.8% - are in industrialized countries  8% - are in countries in transition
  • 8.  161 countries are reported to be affected by human trafficking by being a source, transit or destination.  People are reported to be trafficked from 127 countries to be exploited in 137 countries, affecting every continent and every type of economy
  • 9. Traffickers operate at the following levels Local City Wide National International  Anyone who profits by receiving cash or other benefits in exchange for sex with a minor  Include family, friends, and “boyfriends”  Sell anywhere from 20-800 individual women in their lifetime  Up to 90% of victims are under control of a pimp.
  • 10. NATIONALLY  An estimated 14,500 to 17,500 foreign nationals are trafficked into the United States each year.  An estimated 100,000 American children are being exploited in the commercial sex industry annually.
  • 11. The Victims  The majority of trafficking victims are between 18 and 24 years of age  An estimated 1.2 million children are trafficked each year  95% of victims experienced physical or sexual violence during trafficking (based on data from selected European countries)  43% of victims are used for forced commercial sexual exploitation, of whom 98 per cent are women and girls  32% of victims are used for forced economic exploitation, of whom 56 per cent are women and girls  Many trafficking victims have at least middle-level education
  • 12. GOVT STEPS  The Government of India prohibits some forms of trafficking for commercial sexual exploitation through the ImmoralTrafficking Prevention Act (ITPA).  Prescribed penalties :Acc .to the ITPA it is ranging from seven years’ to life imprisonment.  India also prohibits bonded and forced labor through the Bonded Labor Abolition Act, the Child LaborAct, and the Juvenile Justice Act.  These laws are ineffectually enforced, however, and their prescribed penalties — a maximum of three years in prison —are not sufficiently stringent.  Indian authorities also use Sections 366(A) and 372 of the Indian Penal Code, prohibiting kidnapping and selling minors into prostitution respectively, to arrest traffickers.  Penalties under these provisions are a maximum of ten years’ imprisonment and a fine.  India’sCentral Bureau of Investigation incorporated anti-trafficking training into its standard curriculum. In November, the State of Maharashtra developed an action plan to combat trafficking; it did not, however, allocate appropriate funding to accomplish the objectives of this plan.
  • 13. Measures to be taken for public Awareness  Spread Information of regarding risk of becoming a victim.  Spread information regarding risk of getting involved in trafficking business.  Spread information regarding rights of victims.  Information regarding punishment for engaging in commercial sex.  Method of information of reporting a recruitment activities.  Information as hotline and available victim services.
  • 14. LAWS  The Customs and Facilitations andTrade Enforcement ReauthorizationAct of 2009. Sections 307 and 308 of the Act amend the originalTariffAct of 1930 to include provisions to prohibit the importation of goods to the United States made by benefit of human trafficking or forced labor.  Intelligence Reform andTerrorism Prevention Act of 2004. Section 7202 of the Intelligence Reform andTerrorism Prevention Act established the Human Smuggling andTraffickingCenter to achieve greater integration and overall effectiveness in the U.S. government's enforcement and other response efforts, and to work with foreign governments to address the separate but related issues of alien smuggling, trafficking in persons, and criminal support of clandestine terrorist travel.  PROTECT Act of 2003.The PROTECT Act (Prosecutorial Remedies and OtherTools to End the Exploitation of Children Today) intends to protect children from abuse and sexual exploitation, a common element of child human trafficking.
  • 15.  Civil Asset Forfeiture Reform Act of 2000 (CAFRA).The Department fights human smuggling and trafficking through the issuance of CAFRA, which provides notice to property owners whose properties have been identified as being used to facilitate smuggling or harboring aliens; it is an important tool because many employers turn a blind eye to the facilitation of criminal activity on their properties.  The Mann Act of 1910.The Mann Act and its subsequent amendment resolutions makes it a felony to knowingly persuade, induce, entice, or coerce an individual to travel across state lines to engage in prostitution or attempts to do so. It is an effective tool used to prosecute human traffickers.
  • 16. Indian National Legal Framework Criminal Law (Amendment) Act, 2013. Immoral Traffic (Prevention) Act, 1986 (being amended). Indian Penal Code (select provisions). Child Labour (Prohibition and Regulation) Act 1986. Juvenile Justice (Care & Protection of Children) Act, 2000. Prohibition of Child Marriage Act, 2006 and POCSO 2012.
  • 17. National Policies and Plans National Child Labour Policy. National Plan of Action to combat trafficking and commercial sexual exploitation of women and children. National Policy for the Empowerment of Women. National Plan of Action for Children. Integrated National Plan of Action to Prevent & Combat Trafficking of Human Beings
  • 18. International Conventions and Legal Instruments Convention on the Rights of the Child (CRC) and its Optional Protocols (Sale of Children, Child Prostitution & Child Pornography) [Ratified] Convention on Elimination of all forms of Discrimination against Women (CEDAW) [Ratified] UN Convention Against Transnational Organized Crime (UNTOC) and its protocol on trafficking [Ratified]. Protocol to Prevent, Suppress & Punish Trafficking in Persons, especially Women & Children supplementing above Convention [Ratified]. SAARC CONVENTION ON PREVENTING AND COMBATING TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION
  • 19. Role of Central Government Prevention Advisory to States regarding constitution of the State Advisory Committee/ Nodal Officers for preventing & combating trafficking of women and children for commercial sexual exploitation Implementation of legislations prohibiting Trafficking in Human Beings such as: • Immoral Traffic (Prevention) Act, 1956 • Prohibition of Child Marriage Act (PCMA), 2006 • Bonded Labor System (Abolition) Act, 1976 • Transplantation of Human Organs Act 1994 ( Amendment under consideration) • Juvenile Justice (Care & Protection of Children) Act, 2000 • Sections 372, 373, 370 & 370A of the IPC Integrated National Plan of Action to Prevent & Combat Trafficking of Human Beings, with Special focus on Women and Children
  • 20. Role of Central Government Rescue and Rehabilitation MHA has advised police and other law enforcement agencies to adopt a victim centric approach and leverage schemes such as Swadhar shelter homes, UJJAWALA etc. for • prevention of trafficking, • rescue, • rehabilitation, reintegration and repatriation of the victims. Vocational Training and Skill Up Gradation through Skill Development Mission (National Council for Skill Development) and Sabla Scheme for Adolescent Girls • Adolescent boys and girls of vulnerable groups • Women Self-Help group by Impulse and Gap. Inc Ministry of Labor & Employment has developed a detailed protocol for prevention, rescue, repatriation, rehabilitation and reintegration of migrant and trafficked child labour which has been issued to all State Governments for implementation.
  • 21. Criminal Law (Amendment)Act 2013  Criminal Law(Amendment) Act 2013 has come into force wherein Section 370 of the IPC has been substituted with Section 370 and 370A of IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs. HumanTrafficking has specifically been defined in the Act.
  • 22. Coordination with other countries Bilateral treaties and MoUs, like latest (May 2014) MoU between India and Myanmar on border cooperation SAARC level initiatives- Training and capacity building incl. study tours Standard Operating Procedures (SOPs) on better cooperation to address repatriation of victims with Bangladesh, Bhutan and Nepal Task Force between India and Bangladesh to counter human trafficking
  • 23. Prosecution  The Government of India penalises trafficking for commercial sexual exploitation through the Immoral Trafficking Prevention Act (ITPA). Prescribed penalty under the ITPA – ranging from seven years' to life imprisonment – are sufficiently stringent and commensurate with those for other grave crimes. India also prohibits bonded and forced labor through the Bonded Labor Abolition Act, the Child Labor Act, and the Juvenile Justice Act.  Indian authorities also use Sections 366(A) and 372 of the Indian Penal Code, prohibiting kidnapping and selling minors into prostitution respectively, to arrest traffickers. Penalties under these provisions are a maximum of ten years' imprisonment and a fine.
  • 24.  Bonded labor and the movement of sex trafficking victims, may occasionally be facilitated by corrupt officials.They protect brothels that exploit victims, and protect traffickers and brothel keepers from arrest and other threats of enforcement
  • 25. Strategy to tackle Trafficking PREVENTION PROTECTION PROSECUTION • Deal with Root causes; • Education, Unemployment, Poverty • Awareness Raising; • Sound Policies • Enforcement • Assistance; • Empowering Victims; • Human Rights Based Approach • Criminalisation; • Investigation; • Sensitization of Stakeholders • International Cooperation Rescue, Rehabilitation & Reintegration in the society
  • 26.
  • 27. Let us all join hands