Study material on human trafficking and sexual offences by Kavita Singh.ppt

HUMAN TRAFFICKING AND
SEXUAL OFFENCES
Dr. Kavita Singh, Associate Professor,
WBNUJS
kavita.singh@nujs.edu

A) WHAT IS TRAFFICKING?
 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 whereby humans
are treated as commodities for profit, subjected to
various forms of exploitation.

IN INDIA
 Immoral Traffic Prevention Act (ITPA 1956) explain
the various activities involved in trafficking. Under
Section 5, trafficking includes
 procuring,
 taking and
 even inducing a person for the sake of prostitution.
 Even attempt to procure and attempt to take or
cause a person to carry on prostitution is an
offence.

THE UN PROTOCOL DEFINITION CONTAINS THREE
MAIN ELEMENTS THAT CONSTITUTE TRAFFICKING:
 Acts: recruitment, transportation, transfer,
harbouring or receipt of a person.
 Means: threat/use of force, other forms of coercion,
abduction, fraud, deception or abuse of power or of
a position of vulnerability.
 Purpose: prostitution, forced labour or services,
slavery, slavery-like practices; servitude, organ
trade etc.
 The second part of the definition of trafficking
focuses on the issue of consent.

ACTIVITIES
(any of these)
MEANS/METHODS
(any of these)
PURPOSE/INTENTION
(any of these)
 Recruitment
 Transportation
 Transfer
 Harbouring
 Receipt …
of persons
 Threat
 Force
 Other forms of coercion
 Abduction,
 Fraud
 Deception
 Abuse of -
-Power
-Position of vulnerability
 Giving or receiving of payments
or benefits
For the purpose of exploitation -
 Prostitution of others
 Other forms of sexual
exploitation
 Forced labour or services
 Slavery or practices similar to
slavery
 Servitude
 Removal of organs
The ‘consent’ of a victim of trafficking shall be irrelevant where any of the means set forth above have been used.
‘Consent’ is irrelevant in case of children even if this does not involve any of the means set forth above.

CASE STUDY 1
 NEW DELHI, India (AP) — Teena discovered she had been sold
by her boss while riding in an auto-rickshaw headed to New
Delhi’s red-light district. The 12-year-old was working as a
domestic servant in Calcutta when the homeowner told her about a
good-paying job at his sister’s house in India’s capital. But instead,
she was sold to a brothel owner and forced into prostitution for
little more than a place to sleep and the occasional meal. Her
ordeal lasted four years and Teena, now 21, says it left her “a very
angry person.” “The anger come suddenly,” says Teena, who asked
that her full name not be used because of the stigma associated
with her past. Teena’s childhood before being sold into prostitution
was filled with long days of domestic work in the rural eastern
State of Jharkhand. She received little or no pay, she said, but “I
was so poor, I could not leave.” At the urging of her mother, she
moved to Calcutta for what she was told would be a paid maid’s
position. When her boss then sent her to New Delhi, Teena never
found out the price she was bought for on the human trafficking
market. She was rescued from the brothel by STOP, an anti-
trafficking group founded in 1998.

IT MUST BE KEPT IN MIND THAT TRAFFICKING IS
DIFFERENT FROM MIGRATION AND SMUGGLING.
 There are important fundamental differences between
migration, smuggling and trafficking:
 Migration is a situation in which a person moves from one
country to another or within one country. Migration can take
place by legal or illegal means and it can be either voluntary
(with the consent of the person migrating) or forced (without
their consent). Usually, however, migration is voluntary.
 Smuggling is the transport of a person (with their consent) to
another country through illegal means. Smuggling has to
include crossing of an international border.
 Trafficking involves the following:
 Movement of a person;
 With deception or coercion;
 Into a situation of forced labour, prostitution, servitude or
slavery-like practices.

B) WHAT ARE THE VARIED ELEMENTS OF
TRAFFICKING?
 Displacement of a person from one community to
another: While it is not necessary that the person is actually
moved from one place to another to have been trafficked
(displacement is also possible within the same building),
usually victims are moved from one house to another, one
village to another, one district to another, and so on.
 Exploitation of the trafficked victim: Displacement of the
victim is followed by various forms of exploitation being meted
out to the victim – using force, deceit and threats, as the case
may be.
 Commercialization of the exploitation and
commodification of the victim: Due to the portrayal of
women as sex objects, and as property by patriarchal society,
women have acquired a ‘face value’ within the ‘market’
whereby their bodies have become commodities in a
commerce based on the exploitation of sex (hence, CSE-
Commercial Sexual Exploitation).

WHAT IS THE ‘ROUTE’ OF TRAFFICKING?
 Trafficking involves three focal points in spatial
context:
 • Source
 • Transit
 • Destination
 Areas are identified on the trafficking map as being
a source, transit or destination or a combination of
any or all of these; however it is possible that all
these may coexist. A girl child of a woman forced
into CSE, living and also forced into CSE in the
same brothel, for example, simultaneously depicts
all three points on the trafficking map.

D) WHAT IS THE DIFFERENCE BETWEEN
TRAFFICKING AND PROSTITUTION?
 Often, trafficking is confused with prostitution. These are
not synonymous. Trafficking is the process / means
while prostitution can be the result/end (of being
trafficked).
 Refer to Case Study 1: Teena was displaced and
forcibly recruited into commercial sexual exploitation
(CSE). While prostitution is a punishable offence when
there is commercial sexual exploitation of a person and
any other person who makes profit from the same
[Section 2(f) of ITPA 1956], trafficking is the whole (or
any point of the) process of recruiting, contracting,
procuring or hiring a person for commercial sexual
exploitation (CSE) or for any other purpose.

 Trafficking is therefore the overall ‘process’ while
prostitution/ commercial sexual exploitation/ forced
labour is the ‘result’.
 Thus, Meena has been both trafficked and forced
into prostitution as she has been:
 - Sexually exploited.
 - She has been abused by a person(s) for
commercial purposes. Her consent is irrelevant.
 - She is the victim and not a criminal.

E) WHO IS A TRAFFICKER/OFFENDER?
TRAFFICKERS CAN BE, BUT ARE NOT LIMITED TO,
THE FOLLOWING PERSONS:
 Recruiter/Agent of Recruiter
 Seller of trafficked person
 Buyer of trafficked person
 Transporter
 Conspirator
 ‘Customer’/clientele, who create/perpetuate demand
 Pimp
 Brothel madam
 Brothel managers
 Financier
 Parent(s)/guardian(s) who knowingly sell/cause to
sell/traffic their children/ward.

F) WHO IS A ‘VICTIM’ OF TRAFFICKING FOR
CSE?
 It is crucial to note that all trafficked persons are
victims, irrespective of their proclaimed/apparent
voluntariness. A victim of trafficking for CSE is:
 • Any person above the age of 18 who through force or
threat of force, coercion, abuse of power, etc were/are
required to perform sexual acts without their consent, by
any person(s), for profit or gain of a third person.
 • Children and minors who are found in places of CSE
i.e. “children” who have not completed the age of 16
years and ‘minors” who have completed the age of
sixteen years but have not completed the age of
eighteen years, who are found in places of CSE.

G) ARE PEOPLE TRAFFICKED ONLY FOR
CSE?
 Commercial sexual exploitation is only one of the results of
trafficking. Trafficking in human beings also results in non-sex
based exploitation such as forced labour and other forms of
exploitation.
 Some manifested forms of exploitation (non-CSE) that may
result from trafficking in persons include:
• workers in the unorganized sector
• slave trade/bondage
• child labour
• drug peddling
• organ trading
• forced marriages, mail order brides
• beggary
• adoption rackets
• entertainment and sports (camel racing, exotic dancing, circus,
etc.)
• others

H) WHERE CAN CSE TAKE PLACE?
 The scene of crime (SOC) includes the source, the
transit and destination points. In fact, in the case of
CSE, the SOC is not limited to the place of exploitation –
or, for example, the brothel alone.
 Therefore, for example, CSE can take place:
• On the streets
• In massage parlours
• At bars
• In the brothels
• In vehicles used for transfer
• In the form of escort service
• At places where the survivor of trafficking has been sent
for the purpose of recording pornography, transport of
the same, and where the pornographic material is
stored, purchased, used etc.
• At other places.

I) IS TRAFFICKING A CONTINUING CRIME?
 Trafficking is an organized and continuing crime.
Multiple crimes can be culled out under trafficking
such as abduction, kidnapping, illegal detainment,
illegal confinement, criminal intimidation, hurt,
grievous hurt, rape, outraging modesty, rape,
unnatural offences, selling and buying of human
beings, servitude, criminal conspiracy, abetment,
etc. Therefore, multiple abuse and abusers located
at different points of time and place together
constitute the organized crime of trafficking.

SECTION 370 IPC
 ‘ (1) Whoever, for the purpose of exploitation, (a) recruits, (b)
transports, (c) harbours, (d) transfers, or (e) receives, a
person or persons, by—
 First.— using threats, or
 Secondly.— using force, or any other form of coercion, or
 Thirdly.— by abduction, or
 Fourthly.— by practising fraud, or deception, or
 Fifthly.— by abuse of power, or Sixthly.— by inducement,
including the giving or receiving of payments or benefits, in
order to achieve the consent of any person having control
over the person recruited, transported, harboured, transferred
or received, commits the offence of trafficking. Explanation
1.— The expression "exploitation" shall include any act of
physical exploitation or any form of sexual exploitation,
slavery or practices similar to slavery, servitude, or the forced
removal of organs. Explanation 2.— The consent of the victim
is immaterial in determination of the offence of trafficking

SECTION 370 A
 Whoever, knowingly or having reason to believe that a
minor has been trafficked, engages such minor for
sexual exploitation in any manner, shall be punished
with rigorous imprisonment for a term which shall not be
less than five years, but which may extend to seven
years, and shall also be liable to fine.
 Whoever, knowingly by or having reason to believe that
a person has been trafficked, engages such person for
sexual exploitation in any manner, shall be punished
With rigorous imprisonment for a term which shall not be
less than three years, but which may extend to five
 1 Criminal Law (Amendment) Act, 2013

The offences under ITPA are:
Section Offence Punishment
3(1) Keeping or managing or
acting or assisting in the
keeping or management
of a brothel.
First Conviction: rigorous Imprisonment: for a
term of not less than one year and not more than
three years and also with fine extending to 2,000.
Second or Subsequent Conviction: rigorous
imprisonment for a term not less than two years
and not more than five years and also with fine
extending to Rs. 2000.
3(2) Using or allowing the use of
premises as a brothel of which the
accused is the tenant, lessee,
occupier or person in charge
Or Being the landlord, owner or
lessor of any premises or the
agent of such owner, lessor, or
the landlord and letting the
premises or any part of thereof
with the knowledge that the same
is intended to be used as a
brothel.
First Conviction: Imprisonment
for a term extending to two years
and fine extending to Rs. 2000.
Second or Subsequent
Conviction : R.I. for a term
extending to five years and also
with fine.

PRESUMPTION U/S 3 (2A)
 Presumption of knowledge that the premiseses or
any part thereof are being used as a brothel – if –
 Report in published in news paper
 A copy of the list of all things found during the search

Sec
.4
Knowingly
living on the
earnings of
prostitution.
And where
such earnings
relate to the
prostitution of
a child or a
minor .
Imprisonment for a
term extending to two
years or fine
extending to Rs.
1,000 or both.
Imprisonment for a
term extending of not
less than 7 years and
not more than 10
years.

PRESUMPTION OF KNOWINGLY LIVING ON THE EARNING
OF PROSTITUTION. {SECTION 4(2)}
 When
 Any person above 18 years
 Living with, or to be habitually in the company of prostitute.
 Exercise control, direction or influence over the movement of a
prostitute in such a manner as to show that such person is aiding,
abetting or compelling her prostitution. Or
 Acting as tout or pimp

Sec.
5
Procuring, inducing or
taking a person for
prostitution.
What are offence?
1. Procure
2. Attempt to
procure.
3. With or without
consent
4. Induces
5. Takes or attempt
to takes or caused
Rigorous imprisonment for
term of not less than three
years and not more than
seven years and also with
fine extending to Rs.2000
If the offence committed is
against the will of any person
the punishment of
imprisonment for a term of
seven years shall extend to
imprisonment for a term of
fourteen years.

‘CUSTOMERS’
LIABLITY
Section 5 (1) (d)
Causes or induces a
person to carry on
prostitution.

PLACE OF TRIAL
Section 5 (3)
 Place of procurement
 Place were inducement was made to go
 Taken or caused to be taken from
 Attempt being made
 Place where she may have gone
Because of – inducement, attempt or
otherwise.

Sec
. 6
Detaining a
person in a
brothel or
in premises
where
prostitution
is carried
on.
Imprisonment of
either description
for a term not less
than seven years
but may be for
life or extend to
ten years and also
a fine.

PRESUMPTION U/S 6 – AN
IMPORTANT TOOL
 Where any person is found with a child in a brothel, it shall
be presumed, unless the contrary is proved, that he has
committed an offence under sub-section (1).
 (2-A) Where a child or minor found in a brothel, is, on
medical examination, detected to have been sexually
abused, it shall be presumed unless the contrary is proved,
that the child or minor has been detained for purposes of
prostitution or, as the case may be, has been sexually
exploited for commercial purposes.

 (3) A person shall be presumed to detail a person in
a brothel or in upon any premises for the purpose of
sexual intercourse with a man other than her lawful
husband, if such person, with intent to compel or
induce her to remain there,
 (a) Withholds from her any jewellery, wearing
apparel, money or other property belonging to her,
or
 (b) Threatens her with legal proceedings if she
takes away with her any jewellery, wearing apparel,
money or other property lent or supplied to her by or
by the direction of such person.

NO PROSECUTION ON THE INSTANCE OF
SUCH PERSON WHO WITHHOLD HER.
SECTION 6 (4)
 (4) Notwithstanding any law to the contrary, no suit,
prosecution or other legal proceeding shall lie
against such woman or girl at the instance of the
person by whom she has been detained, for the
recovery of any jewellery, wearing apparel or other
property alleged to have been lent or supplied to or
for such woman or girl or to have been pledged by
such woman or girl or for the recovery of any money
alleged to be payable by such woman or girl.

7(1) Prostitution in or in
the vicinity of a
public place.
Imprisonment up to three
months.
7(1)
(A)
Where the offence
committed is in
respect of a child
or a minor.
Imprisonment of either
description not less than
seven years but may be
extended for life or ten years
and also a fine.

7 (2) (a) Being the keeper of a
public place knowingly
permitting prostitution in
that place.
First Conviction: Imprisonment up to
three months or fine extending to Rs.
200.
Second or Subsequent Conviction:
Imprisonment up to six months and also
a fine up to Rs. 200, and if the public
place is a hotel, its license may be
suspended for three months to a year.
(b) Being the tenant, etc.,
knowingly permitting
prostitution in the
premises.
DITTO
(c ) Being the landlord,
etc., of a public place and
letting. the same with
knowledge that the same
may be used for
prostitution .
DITTO

Sec.
8
Seducing or
soliciting in a
public place for
the purpose of
prostitution.
First Conviction :
Imprisonment up to six
months or fine up to Rs.
500 or both.
Second or Subsequent
Conviction:
Imprisonment up to one
year and also a fine up
to Rs. 500.

Section 9:
Seducing a person or causing or
aiding or abetting her seduction
when she is in the custody of a
person having custody, charge or
care or in a position of authority over
any person. Imprisonment of
either description for a term not less
than seven years but which may
extend to life or up to ten years and
fine.

RESCUE, SEARCH & CLOSURE OF
BROTHEL
 Section 15: Search Without warrant
 Section 16: Rescue of Person – Any Magistrate
(MM, JM, DM, SDM)
 Section 17A – Condition to be observed before
placing persons rescued under Section 16 to
parents or guardians.
 Section 18 Closure of brothel.

Indian Penal Code, 1860 Section
Kidnapping/Abduction 359-368
Wrongful Restraint & Wrongful Confinement 339-348
Acts Done in Furtherance of Common Intention 34
Abetment 107-120
Criminal Conspiracy 120A, 120 B
Criminal Force/ Assault/ Trafficking of person 349-356/370-370A
Cheating 415-418
Criminal Trespass 441
Criminal Intimidation 503-509
Rape 375-376
Unnatural Offences 377
Hurt 319-338
Causing Miscarriage 312-318
Attempt to Commit Offences 511
Slavery 370-371
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989
Punishment for Offences of Atrocities 3
The Juvenile Justice (Care & Protection of Children) Act,
2000
Cruelty 23, 27
Begging 24
Intoxicating, etc. 25
Exploitation of Child Employee 26
Alternate punishment 28

SEXUAL OFFENCES
 The IPC has a number of sections dealing with
numerous offences linked to commercial sexual
exploitation of women and children. The Table
below gives a brief list:
 Rape- 375, 376
 Unnatural offences-377
 Assault/ Criminal force/ act to dishonour/ outrage
modesty, defamation- 354, 355, 509, 500

RAPE
 ‘375. A person is said to commit “Rape” if that person––
 (a) penetrates his penis, to any extent, into the vagina, mouth
urethra or anus of another person or makes the person to do
so with him or any other person; or
 (b) inserts, to any extent, any object or a part of the body, not
being the penis, into the vagina, the urethra or anus of another
person or makes the person to do so with him or any other
person; or
 (c) manipulates any part of the body of another person so as
to cause penetration into the vagina, urethra, anus or any part
of body of such person or makes the person to do so with
him or any other person; or
 (d) applies his mouth to the penis, vagina, anus, urethra of
another person or makes such person to do so with him or any
other person;

 First.–– Against the other person’s will.
 Secondly. –– Without the other person’s consent.
 Thirdly. –– With her consent when her consent has been obtained by
putting such other person or any person in whom such other person
is interested, in fear of death or of hurt.
 Fourthly. –– When her consent, when the man knows that he is not
her husband and that her consent is given because she believes that
he is another man to whom she is or believes to be lawfully married.
 Fifthly.–– With the consent when, at the time of giving such consent,
by reason of unsoundness of mind or intoxication or the
administration by that person personally or through another of any
stupefying or unwholesome substance, the other person is unable to
understand the nature and consequences of that action to which such
other person gives consent.
 Sixthly. –– With or without consent, when she is under eighteen years
of age.
 Seventhly. –– When the person is unable to communicate consent.

 Explanation 1.–– Penetration to any extent is “penetration” for
the purposes of this section.
 Explanation 2.–– For the purposes of this section, “vagina”
shall also include labia majora.
 Explanation 3.–– Consent means an unequivocal voluntary
agreement when the person by words, gestures or any
form of non-verbal communication, communicates
willingness to participate in the specific act:
 Provided that, a person who does not physically resist to the
act of penetration shall not by the reason only of that fact,
be regarded as consenting to the sexual activity.
 Exception.1-Medical procedure or intervention not rape
 Exception 2-Sexual intercourse or sexual acts by a man with
his own wife, the wife not being under fifteen years of age, is
not Rape.

PUNISHMENT
 376. (1) Whoever, except in the cases provided for
by sub-section
 (2), commits rape, shall be punished with rigorous
imprisonment of either description for a term which
shall not be less than seven years but which may
extend to imprisonment for life, and
 shall also be liable to fine.

 (a) being a police officer, commits rape–
(i) within the limits of the police station to which such police
officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a person in such police officer’s custody or in the
custody of a police officer subordinate to such police
officer; or
 (b) being a public servant, commits rape on a person
such public servant’s custody or in the custody of a public
servant subordinate to such public servant; or
 (c) being a member of the armed forces is in the area
by virtue of deployment by the Central or a State
Government, commits rape; or

 (d) being on the management or on the staff of a jail, remand
home or other place of custody established by or under any
law for the time being in force or of a women’s or children’s
institution, commits rape on any inmate of such jail, remand
home, place or institution; or
 (e) being on the management or on the staff of a hospital,
commits Rape on a person in that hospital; or
 (f) being a relative, guardian or teacher of, or a person in a
position of trust or authority towards, the person assaulted,
commits rape on such person; or
 (g) commits Rape during communal or sectarian violence or
 (h)commits Rape on a woman knowing her to be pregnant; or
 (i) commits rape on a person when she is under sixteen years
of age; or

 (j) commits rape, where the person assaulted is
incapable of giving consent; or
 (k) being in a position of economic or social dominance,
commits rape on a person under such dominance; or
 (l) commits rape on a person suffering from mental or
physical disability; or
 (m) while committing rape causes grievous bodily harm
or maims or disfigures or endangers the life of a person;
or
 (n) commits rape repeatedly on the same women,
 shall be punished with rigorous imprisonment for a term
which shall not be less than ten years but which may
extend to imprisonment for life, and shall also be liable to
fine.

 376 A- Punishment for causing death or resulting in
persistent vegetative state of victim.- RI not less
than 20yrs extend to life, or death
 376 C- Sexual intercourse by a person in authority-
RI not less than 10yrs liable to fine
 376 D- gang rape- RI not less than 20yrs extend to
life, with fine
 376 E- repeat offence- Imprisonment for life, or with
death

COMPENSATION
 Interim compensation ordered in Bodhisattwa
Gautam v. Subhra Chakraborty AIR 1966 SC 922.
Section 357 Criminal Procedure Code authorizes
Courts to order convicts to pay compensation to
victims.
 Delhi Domestic Working Woman’s Forum v. Union
of India (1995) 1 SCC 14
 Karnel Singh v. State of Madhya Pradesh AIR 1995
SC 2472
 State of Punjab v. Gurmit Singh AIR 1996 SC 1393
 Rao Harnarain Singh, Sheoji Singh and other v.
The State AIR 1958 Punj 123

 A landmark judgment, as far as the offence of rape
goes, has been State of Punjab v. Gurmit Singh, in
which the Supreme Court laid down the following
parameters:
 Delay in lodging the FIR is not material when properly
explained.
 Testimony of the victim in cases of sexual assault are
vital and unless there are compelling reasons which
necessitate looking for corroboration of her statement,
the court should find no difficulty in convicting the
accused on the victim’s testimony alone.
 Trial of sexual offenses should be in camera and
invariably by women judges wherever available.
 Court must refrain from making observations that cast
aspersions on the character of the victim.
 Court is under an obligation to see that the victim is not
unnecessarily harassed and humiliated in cross-
examination.
 AIR 1996 SC 1393

UNNATURAL OFFENCES
 Unnatural offences especially against women and
children are common in cases of trafficking and in
the course of their being commercially sexually
exploited. There is no concept of consent as
regards unnatural offences. A mere commission of
the act with or without consent attracts prosecution
U/S. 377. The offence is punished with
imprisonment for life, or with imprisonment of either
description for a term which may extend to ten

IMMORAL TRAFFIC (PREVENTION) ACT, 1956
Immoral Traffic (Prevention) Act, 1956 Section
Punishment for keeping a brothel or allowing
premises to be used as a brothel
3
Punishment for living on earnings of prostitution 4
Procuring, inducing, or taking person for the sake of
prostitution
5
Detaining person in premises where prostitution is
carried on
6
Prostitution in or in the vicinity of public places 7
Seducing or soliciting for the purposes of prostitution 8
Seduction of a person in custody 9

VICTIM AND WITNESS CARE & PROTECTION
DURING TRIAL:
 Victims are wary of the court ambience. Do orient and
counsel them. Assure them that their rights will not be
violated and that their truthful version of all facts is
essential for delivery of justice which is in their interest
and also in the larger public interest.
 Victims require briefing on the facts of the case,
especially to recall the events in a logical way. This
should be done before she is put in the witness box.
 Prosecutors ought to ensure that the defense-side does
not violate the rights of the victim. Embarrassing
questions need to be avoided. Intervention of the court
should be sought immediately to prevent any such
violations.
 All efforts should be made to ensure the anonymity of
the victim. Anonymity provides strength and confidence
to the victim.

 Move the court for allowing in-camera trial. The Supreme
Court of India
 (Refer Judgement dated 26 May 2004, in ‘Sakshi vs Union
of India’) has directed that in-camera trial should be extended
to all cases of sexual assault on children. A screen has to be
provided in the trial court so that the child victim is not
exposed to the suspect and accused persons. A child
counselor should be provided to assist in the court. Adequate
recess should be allowed during trial proceeding so that the
child victim gets rest. This is a landmark judgement in
ensuring child rights and, therefore, needs to be implemented
in letter and spirit. The police and prosecutors should move
the trial courts for the same.
 Video conferencing is an ideal mechanism to prevent
victimization of the trafficked victim. It should be done
whenever possible. The Supreme Court, in its landmark
decision, in State of Maharashtra vs Dr. Praful B. Desai
2003 (4) SCC 601, has underscored the validity of video
conferencing and enumerated the safeguards to be ensured
during the trial of cases.

INSTITUTIONAL RESPONSE TO HUMAN TRAFFICKING
 National policy
 Police administration
 Ministry of women and child development
role in combating human trafficking
 Governmental schemes
 Other agencies role in trafficking cases
 NHRC role
 The Commission for the Protection of Child
Rights Act, 2005

INSTITUTION UNDER JUVENILE JUSTICE
LEGISLATION
 JUVENILE JUSTICE BOARD (JJB)
 Child Welfare Committee (CWC)
 CHILDREN HOME (S 34)
 SHELTER HOME (S 37)
 OBSERVATION HOME (S 8)
 SPECIAL HOME (S 9)
 AFTER CARE ORGANISATION (S 44)

5 PROTOCOL FOR PRE-RESCUE, RESCUE
AND POST-RESCUE OPERATIONS OF CHILD
VICTIM OF TRAFFICKING FOR COMMERCIAL
SEXUAL EXPLOITATION
 The Ministry of Women and Child Development prepared aforesaid
Protocol for convenience and guidance of different stake holders. It
provides mandate for state government to develop an Anti-
Trafficking Policy specifying victim’s friendly provisions and
structures. It also suggested the state to create an Anti-Trafficking
Cell at the State and District level to co-ordinate with other relevant
Departments and NGOs on the issues pertaining to trafficking,
especially on the rescue and rehabilitation of child victims of
trafficking for commercial sexual exploitation. It talk about creation of
Database on traffickers, brothel owners, informants, decoy
customers, number of cases registered, status of each case, source
and destination areas in the State/District and any other relevant
information.

 STRATEGY FOR PRE-RESCUE OPERATIONS
 For Rescue of Trafficked Child Vicitms
 Rescue Operation at a Community Level
 STRATEGY FOR RESCUE OPERATIONS
 STRATEGY FOR POST-RESCUE OPERATIONS
 STRATEGY FOR REHABILITATION (for functionaries in
the Protective/Children Home)

GOVERNMENT POLICIES ETC.
 INTEGRATED PLAN OF ACTION TO PREVENT AND
COMBAT HUMAN TRAFFICKING WITH SPECIAL
FOCUS ON CHILDREN AND WOMEN
 Swadhar:
 Ujjawala:
 Kishori Shakti Yojana:
 Swayamsidha:
 The Integrated Child Protection Scheme (ICPS)
 Other Schemes

THE INTEGRATED PLAN OF ACTION OUTLINED
BELOW CONSISTS OF ACTION POINTS GROUPED
UNDER:
 Ensuring Human Rights Perspective for the Victims of
Trafficking
 Preventing Trafficking
 Emerging Areas of Concern in Trafficking – Their Patterns and
Trends
 Identification of Traffickers and Trafficked Victims
 Special Measures for Identification and Protection of
Trafficked Child Victims

 Rescue of Trafficked Victims Especially in Brothel-Based
and Street-Based Prostitution with Special Focus on Child
Victims
 Rehabilitation, Reintegration and Repatriation of Trafficked
Victims with Special Focus on Child Victims
 Cross-Border Trafficking: National and Regional Cooperation
and Coordination
 Legal Framework and Law Enforcement
 Witness Protection and Support to Victims
 Training, Sensitization, Education and Awareness
 Methodology for Translating the Action Points into Action

SWADHAR
 More often vulnerable women in distress end up as beggars
or prostitutes for their own survival and at times for survivals
and maintenance of their dependent children. The Ministry
of Women and Child Development runs Shelter based
homes Short Stay Homes, Swadhar Homes for women in
difficult circumstances. The Schemes provides for shelter,
food, clothing for women and children below the age of 18
years, counseling, clinical, medical, legal and other support,
training and economic rehabilitation and helpline facilities.

OBJECTIVES:
 i) To provide primary need of shelter, food, clothing and care to
the marginalized women/girls living in difficult circumstances who
are without any social and economic support;
 ii) To provide emotional support and counseling to such women;
 iii) To rehabilitate them socially and economically through
education, awareness, skill up gradation and personality
development through behavioral training etc.;
 iv) To arrange for specific clinical, legal and other support for
women/girls in need of those intervention by linking and
networking with other organizations in both Govt. & Non- Govt.
sector on case to case basis;
 v) To provide for help line or other facilities to such women in
distress; and
 vi) To provide such other services as will be required for the
support and rehabilitation to such women in distress.

UJJAWALA:
 Ujjawala is a Comprehensive Scheme for Prevention of
Trafficking for Rescue, Rehabilitation and Re-Integration of
Victims of Trafficking for Commercial Sexual Exploitation.
 The main components of Ujjawala Scheme are:
 1. Prevention;
 2. Rescue;
 3. Rehabilitation;
 4. Re-Integration; and
 5. Repatriation.

OBJECTIVE OF THIS SCHEME:
 The main objective of this Scheme is as following:
 To prevent trafficking of women and children for commercial
sexual exploitation through social mobilization and involvement of
local communities, awareness generation programmes, generate
public discourse through workshops/seminars and such events
and any other innovative activity.
 To facilitate rescue of victims from the place of their exploitation
and place them in safe custody.
 To provide rehabilitation services both immediate and long-term
to the victims by providing basic amenities/needs such as shelter,
food, clothing, medical treatment including counselling, legal aid
and guidance and vocational training.
 To facilitate reintegration of the victims into the family and society
at large.
 To facilitate repatriation of cross-border victims to their country of
origin.

KISHORI SHAKTI YOJANA
 Kishori Shakti Yojana is viewed as a holistic initiative for
the development of adolescent girls (i.e., girls within the
age group of 11-18 years). It aims at bringing about a
difference in the lives of the adolescent girls. It also
seeks to provide them with an opportunity to realize
their full potential. This Scheme is a redesign of the
already existing Adolescent Girls Scheme. The new
scheme dramatically extends the coverage of the earlier
scheme with significant content enrichment, strengthens
the training component, particularly in skill development,
aspects aimed at empowerment and enhanced self-
perception. It also fosters convergence with other
sectoral programmes, addressing the interrelated needs
of adolescent girls and women.

OBJECTIVE OF THIS SCHEME:
 The broad objectives of the Scheme are
 To improve the nutritional, health and development status of
adolescent girls,
 To promote awareness of health, hygiene, nutrition and
family care,
 Link them to opportunities for learning life skills, going back
to school,
 To help them gain a better understanding of their social
environment, and
 To take initiatives to become productive members of the
society.

SWAYAMSIDHA:
 Objective of this Scheme:
 The objective of this Scheme is to ensure that Self Help
Groups members avail the benefit of all schemes and
services in an integrated and holistic manner. Not only this,
there are also three pilot projects, which are being
implemented. They are as following:
 Pilot project to combat trafficking women and children for
commercial sexual exploitation under the sanction of
tradition
 Pilot project to combat trafficking of women and children for
commercial, sexual exploitation in source areas; and
 Pilot project to combat trafficking of women and children for
commercial sexual exploitation in destination areas.

THE INTEGRATED CHILD
PROTECTION SCHEME (ICPS)
 The Integrated Child Protection Scheme (ICPS) is,
proposed by the Ministry of Women and Child
Development as a centrally sponsored scheme to
address the issue of child protection and build a
protective environment for children through Government-
Civil Society Partnership.

OBJECTIVES OF ICPS:
 The ICPS brings together multiple vertical schemes under
one comprehensive child protection scheme, combining
existing child protection schemes of the Ministry and
integrating interventions for protecting children and
preventing harm. The ICPS therefore broadly aims at:
 (i) Institutionalising essential services and strengthening
structures
 (ii) Enhancing capacities at all levels
 (iii) Creating database and knowledge base for child
protection services
 (iv) Strengthening child protection at family and
community level
 (v) Ensuring appropriate inter-sectoral response at all
levels

KEY POINTS FOR REVISION
 Trafficking is not synonymous to prostitution. Trafficking
is the process while commercial sexual exploitation is a
result.
 • Prostitution (commercial sexual exploitation) is only
one of the resultant features; the other being forced
labour and other forms of exploitation.
 • A trafficked person is a victim and not a perpetrator or
an offender.
 • A trafficker is a criminal who has infringed several laws
and is capable of harming the victim.
 • Displacement of a trafficked victim is possible even
without any movement in geographic space.
 • Trafficking is an organized and continuing crime
involving multiple actors.
 • It needs to be looked into from a gender perspective.
 • It is a violation of human rights.

Study material on human trafficking and sexual offences by Kavita Singh.ppt

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