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A CLOSE LOOK AT INDO-NEPAL CROSS-BORDER CHILD TRAFFICKING CARITAS INDIA A CLOSE LOOK AT INDO-NEPAL CROSS-BORDER CHILD TRAFFICKING PRAVIN PATKAR & PRITI PATKAR MEDIA HOUSE TM 2017 A Close Look at Indo-Nepal Cross-Border Child Trafficking © Caritas India All rights reserved. No part of this publication may be reproduced or transmitted, in any form or by any means, without written permission from the Caritas India. Layout & Printed at: Macro Graphics Pvt. Ltd. A-36, Chittaranjan Park, New Delhi-110019 Phone: (91) 11 26271206, 26271838, 26271006 E-mail: [email protected] Website: macrographics.com Jointly Published by: Media House 375 - A, Pocket 2, Mayur Vihar Phase 1, Delhi -110 091 Phone: 09555642600, 07599485900, 09350702264 E-mail: [email protected] www.mediahouseonline.in www.facebook.com/mediahousebooks Caritas India CBCI Centre, 1 Ashok Place, New Delhi 110001 Tel: +91 Oil 23363390, 23742339. Fax: +91 Oil 23715146 Email: [email protected] Website: www.caritasindia.org ISBN: 978-93-7495-696-0 Price : ` 350/- Contents Preface vii 5 Abbreviations ix 7 Introduction 1 1. Research Design 8 2. Desk Review 19 3. Data Analyses 60 4. Recommendations 142 Conclusion & Way Forward 161 168 References 165 172 Preface Globally, human trafficking which is termed as the modern day ‘slavery’ is a million dollar lucrative criminal business. Human trafficking takes on different forms and proportions with certain countries and regions as the source areas while the others act as transit and destination hotspots. In the field of anti-human trafficking interventions, several Civil Society Organizations have played a big role to prevent trafficking and protect the victims of this heinous crime. The Indian Government has taken the lead in combating human trafficking and has brought out different schemes, programs and legislations to prevent the crime of trafficking and to achieve social reintegration of the victims. Since the last three decades, Caritas India has been engaged with different multi-layer and multi-stakeholder programs aimed at the prevention of human trafficking, protection and promotion of the rights of victims of trafficking and their social reintegration. Caritas India takes forward community- managed mechanisms to prevent human trafficking by creating awareness at community level, making the community resilient by promoting legal literacy, empowering the local communities through community- based livelihood and skill development initiatives, etc. In these endeavors, Caritas India works in close collaboration with other like-minded Organizations to build stronger networks, since we believe that human trafficking can effectively be prevented through creation of robust networks and linkages. Keeping this in mind, Caritas had initiated a network of Organizations working in the field of anti- human trafficking called All India Network to End Human Trafficking (AINEHT). I am pleased to know that Caritas India is bringing out the book ‘A Close Look at Indo-Nepal Cross-Border Child Trafficking’ I strongly feel that this Report will benefit the Government, Civil Society Organizations and Academicians to come up with relevant strategies in combating human trafficking in all its forms. Together, we are confident that this growing network of Government, Civil Society Organizations and passionate individuals will help in the rescue, reintegration and repatriation of victims of human trafficking as well as the prevention of cross-border human trafficking in the years ahead. Most Rev. Lumen Monteiro, CSC Chairman Caritas India Abbreviations AATWIN Alliance Against Trafficking in Women and Children in Nepal ADB Asian Development Bank AHT Anti Human Trafficking AHTU Anti Human Trafficking Unit AIR All India Reporter of Judgements of Supreme Court and High Courts CBATN Cross-Border Anti Trafficking Networks CBI Central Bureau of Investigation, Government of India CBO Community Based Organization CBS Central Bureau of Statistics CBT Cross-Border Trafficking CCWB Central Child Welfare Board CDO Chief District Officer CEDAW Convention on the Elimination of All Forms of Discrimination against Women CID Criminal Investigation Department x A CLOSE LOOK AT INDO-NEPAL CROSS-BORDER CHILD TRAFFICKING CIF Child India Foundation CPCS Child Protection Centre Services CRC Child Rights Convention CrPC Code of Criminal Procedure CSE Commercial Sexual Exploitation CSE&T Commercial Sexual Exploitation & Trafficking CSO Civil Society Organization CWIN Child Workers Concerned Center in Nepal DCCHT District Committee on Controlling Human Trafficking DCWB District Child Welfare Board DEHAT Developmental Association for Human Advancement DIG Deputy Inspector General of Police DoFE Department of Foreign Employment DWCD Department of Women and Child Development, Government of India ESP Education Support Program FEA Foreign Employment Act, 2007 of Nepal FEPB Foreign Employment Promotion Board FGD Focus Group Discussion FIR First Information Report FWLD Forum for Women, Law and Development FWPR Female Work Participation Rate FY Fiscal Year GB Road Garstin Bastion Road Abbreviations xi GBV Gender Based Violence GDP Gross Domestic Product GMC Guidance & Monitoring Committee GO Governmental Organization GoN Government of Nepal HIV/AIDS Human Immuno-deficiency Virus/Acquired Immune Deficiency Syndrome) HRW Human Rights Watch HTCA Human Trafficking (Control) Act, 1986 of Nepal HTTCA Human Trafficking and Transportation (Control) Act, 2007 I/NGO International/Non-Governmental Organization ICCW Indian Council for Child Welfare ICDS Integrated Child Development Scheme IEC Information, Education and Communication IJM International Justice Mission ILO International Labor Organization IN-CBT Indo Nepal Cross-Border Trafficking INGO International Non-Governmental Organization INGON Impulse NGO Network INSEC Informal Sector Service Center INTERPOL International Police Organization IOM International Organization for Migration IPC Indian Penal Code, 1860 xii A CLOSE LOOK AT INDO-NEPAL CROSS-BORDER CHILD TRAFFICKING IPEC International Programme for the Elimination of Child Labour ILO IPP Institutional Placement Programme IRDP Integrated Rural Development Scheme ITPA Immoral Traffic (Prevention) Act, 1956 JJAct Juvenile Justice Act, 2000 MHA Ministry of Home Affairs MHRD Ministry of Human Resource Development, Government of India MoFA Ministry of Foreign Affairs MoU Memorandum of Understanding MoWCSW Ministry of Women, Children and Social Welfare MSS Manav Seva Sansthan NCC Night Care Centre NCCHT National Committee on Controlling Human Trafficking NCCR National Center for Children at Risk NCRB National Crime Records Bureau NCW National Commission for Women NGO Non-Governmental Organization NHRC National Human Rights Commission NHRC National Human Rights Commission of Nepal NHRC-OSRT National Human Right Commission-Office of the Special Rapporteur on Trafficking in Persons Abbreviations xiii NJA National Judicial Academy NPA National Plan of Action PIL Public Interest Litigation PGSS Purvanchal Gramin Seva Samiti PNCC Prawasi Nepali Coordination Committee RLA Red Light Area SAARC South Asia Association of Regional Countries SAFAHT South Asia Forum Against Human Trafficking SARI/Q South Asia Regional Initiative/Equity Programme SEDA Social Environment Development Association SHO Station House Officer of a police station SI Sub Inspector of Police SITA Suppression of Immoral Traffic Act, 1956 SP Superintendent of Police SPO Special Police Officer SSB Sashastra Seema Bal STD Sexually Transmitted Disease STI Sexually Transmitted Infections STOP Stop Trafficking and Oppression of Persons TIA Tribhuvan International Airport, Kathmandu TIP Trafficking in Persons U/S Under Section UAE United Arab Emirates UDCR Universal Declaration of Child Rights, 1989 xiv A CLOSE LOOK AT INDO-NEPAL CROSS-BORDER CHILD TRAFFICKING UN United Nations UNCRC United Nations Convention for the Rights of the Child UNDCP United Nations International Drug Control Programme UNDP United Nations Development Programme UNICEF United Nations Children’s Fund United States of America UNODC United Nations Office on Drugs and Crime USA USAID United States Agency for International Development UT Union Territory VAW Violence Against Women VDC Village Development Committee WHO World Health Organization WOREC Women’s Rehabilitation Center Introduction Trafficking in person is a compound crime that violates basic human rights and has become a high-profit and relatively low- risk business with ample supply and growing demand. Every year, thousands of women and children are abducted, deceived, seduced, bought or sold and forced to cross international borders. The economic crisis clubbed with frequent natural disasters has made Nepali children and women vulnerable to traffickers as more and more women and children have to look for work to support themselves or their families. Nepal is a small nation state with an area of 1,47,181 sq.km. It is sandwiched between two large nation states namely India to the south and China to the north. Out of its border of 2926 km, it shares 1236 km with China on the north and 1690 km with India on the remaining three sides. It has a population of 2,81,21,000 of which 1,15,26,000 i.e. 40.9% are under 18 years. Of these children, 29,11,000 are under 5 years.1 Thus, like India, Nepal claims to be a nation of young people. Historically, through the time of the British Raj in India, and until very recently, Nepal has been a monarchic political regime. 1 See: http://data.unicef.org/countries/NPL.html#sthash.
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