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INDIA COUNTRY ASSESSMENT REPORT: CURRENT STATUS OF VICTIM SERVICE PROVIDERS AND CRIMINAL JUSTICE ACTORS ON ANTI HUMAN TRAFFICKING A REVIEW COMMISSIONED BY UNODC This assessment was made possible through funding from the European Union INDIA COUNTRY ASSESSMENT REPORT ON HUMAN TRAFFICKING 3 About the Report Trafficking in persons is an organized crime that violates basic human rights. With the entry into force of the United Nations Convention against Transnational Organized Crime (UNTOC) and its Protocols, the international community took a major step in the fight against organized crime. The Protocol in particular gives the first comprehensive definition of human trafficking. It obliges States to criminalize this practice, and many have adopted legislation translating the Protocols' obligations into national law. Reaffirming its commitment to prevent and control trafficking in persons, India ratified the UNTOC and the Trafficking Protocol in 2011. UNODC with support of the European Union is implementing a Global Project focused on ‘Promoting the implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol), and the Protocol against Smuggling of Migrants by Land, Sea and Air (Smuggling Protocol), both supplementing the UNTOC’. It is felt that in many countries, there is lack of an environment that adequately assists and protects victims of trafficking. Similarly, many countries do not adequately recognize the need for protection of the rights of trafficked survivors and exemption from criminal liability as called for in the Trafficking Protocol. Through the provision of protection and appropriate referral procedures, trafficked survivors can gain the confidence and security to provide evidence against their traffickers during the criminal investigation. To ensure a victim-centred and human rights approach to the crime of trafficking in persons, there is a need to improve mechanisms for the identification of victims and establish adequate referral procedures to institutions providing support, assistance and reintegration. Moreover, it is of utmost importance to institutionalize – that is to clearly regulate and guide – the working relationship between the police and NGOs with a view to better assist trafficked survivors and create an environment in which they feel safe and secure to participate in the criminal investigation. To this end, UNODC has undertaken a country assessment on the current status of victim service providers and criminal justice actors in India. This report is a result of ten months (March-December 2012) of intensive consultations with the nodal AHT officers, field visits to see the functioning and measure the impact of the Anti Human Trafficking Units (AHTUs) on the ground, visits to the government and NGO run shelter homes, interaction with Ministry and NGO officials. Given the clandestine nature of the crime and difficulty in reporting the same, data and statistics are largely based on anecdotal and media reports. We sincerely hope that the findings of this report will pave the way for developing a strategic plan on establishing an adequate system of victim assistance, protection and referral mechanism for the country. Acknowledgements Principal Author and Supporting Team Mr. Ravi Kant, Advocate, Supreme Court of India Mr Nishi Kant, Team Member, Shakti Vahini Mr Subir Roy, Team Member, Shakti Vahini Ms Vibhuti Ramachandran, Intern, Shakti Vahini Ms Rajul Jain, Intern, Campus Law Centre Mr Rishi Kant, Team Member, Shakti Vahini Ms Saie Shetye, Team Member, Shakti Vahini Mr Laulendra Kaushik, Team Member, Shakti Vahini UNODC gratefully acknowledges contributions by: Ministry of Home Affairs, Government of India Ministry of Women and Child Development, Government of India All Nodal Officers of the State Anti Human Trafficking Units UNODC Regional Office for South Asia Ms. Cristina Albertin, Representative Dr. Suruchi Pant, Deputy Representative Ms. Swasti Rana, Project Officer Ms. Geeta Bhaskar, Admin and Finance Assistant UNODC Headquarters Ms. Alexia Taveau, Project Coordinator This review would not have been possible without the financial support of the European Union. 4 INDIA COUNTRY ASSESSMENT REPORT ON HUMAN TRAFFICKING INDIA COUNTRY ASSESSMENT REPORT ON HUMAN TRAFFICKING 5 List of Abbreviations AHTU : Anti Human Trafficking Unit BLA : Bonded Labour Act CARA : Central Adoption Resource Agency CLA : Child Labour Act CBI : Central Bureau of Investigation, Govt. of India CID : Criminal Investigation Department (of the State Government) CRC : Child Rights Convention (of the UN) CrPC : Criminal Procedure Code CWC : Child Welfare Committee CSE : Commercial Sexual Exploitation CSW : Commercial Sex Worker CSWB : Central Social Welfare Board, Govt. of India DD : Daily Diary FIR : First Information Report GD : General Diary ICPS : Integrated Child Protection Scheme ILO : International Labour Organization IPC : Indian Penal Code ITPA : Immoral Trafficking Prevention Act JJ Act : Juvenile Justice Act MHA : Ministry of Home Affairs MPB : Missing Person Bureau MWCD : Ministry of Women and Child Development, Govt. of India NCLP : National Child Labour Project NCRB : National Crime Records Bureau NCT : National Capital Territory of Delhi NCW : National Commission for Women NCPCR : National Commission for Protection of Child Rights NHRC : National Human Rights Commission NIPCCD : National Institute of Public Cooperation and Child Development NPA : National Plan of Action (of the Government India to Fight Trafficking for Commercial Sexual Exploitation) NSSO : National Sample Survey Organization PIL : Public Interest Litigation Trafficking Protocol : Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000 SC : Supreme Court of India SCC : Supreme Court Cases (a case decided by the Apex Court) TIP : Trafficking in Person TIT : Trial Initiative against Trafficking UN : United Nations UNCRC : United Nations Convention of Rights of the Child UNICEF : United Nations International Children’s Emergency Fund UNODC : United Nations Office on Drugs and Crime UT : Union Territories WCD : Women and Child Development (of the State Government) 6 INDIA COUNTRY ASSESSMENT REPORT ON HUMAN TRAFFICKING INDIA COUNTRY ASSESSMENT REPORT ON HUMAN TRAFFICKING 7 Table of Contents List of Abbreviations ............................................................................................................................................... 5 1. Situational Analysis ..................................................................................................................................... 9 2. State Response to Combat Human Trafficking .......................................................................................... 16 3. Way Forward ............................................................................................................................................. 20 INTRODUCTION 1. Defining Trafficking ................................................................................................................................... 22 2. Constitutional Provisions .......................................................................................................................... 22 3. The Criminal Law (Amendment) Ordinance 2013 ..................................................................................... 23 4. Special Legislations .................................................................................................................................. 24 5. International Conventions ......................................................................................................................... 25 6. Judicial Mandate ....................................................................................................................................... 25 INITIATIVES OF THE GOVERNMENT OF INDIA 1. Ministry of Home Affairs .......................................................................................................................... 29 2. Ministry of Women and Child ................................................................................................................... 32 3. Ministry of Labour and Employment ......................................................................................................... 45 4. Ministry of Overseas Indian Affairs ........................................................................................................... 51 5. Initiative on Missing Children .................................................................................................................... 53 STATE GOVERNMENT INITIATIVES1 1. Andhra Pradesh ....................................................................................................................................... 61 2. Assam ....................................................................................................................................................... 65 3. Bihar ......................................................................................................................................................... 71 4. Chhattisgarh ............................................................................................................................................. 75 5. Delhi ......................................................................................................................................................... 79
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