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Human Trafficking Dimensions, Challenges, Responses && Innovations Human Trafficking dimensions, challenges, responses && innovations UP Judicial Academy, 3 Dec 2016 Dr PM Nair, Chair professor, TISS [email protected] 0-9987102315 Preventing and combating all forms of human trafficking: A constitutional mandate 2 Article 23 of our Constitution prohibits trafficking for any exploitation… Constitutional mandate Constitutional right against HT Violation is deprivation of FR Prevention is FD Accountability of all of us… Constitutional offence.. Legislature was only to prescribe punishment 3 370 IPC • New dimensions in definition • All comprehensive • Clarity • Need effective utilization by all of us • Yet challenges are many before public ACTION Any of the following acts: –RECRUITS –TRANSPORTS –HARBOURS –TRANSFERS –RECEIVES Modus operandi • Using threats • Using force or any form of coercion • By abduction • By deception or practicing fraud • By abuse of power • By inducement so as to achieve the consent of the person trafficked purpose/ mens rea • For the purpose of exploitation – Meaning ANY TYPE of EXPLOITATION • shall include 1. Any act of physical exploitation or 2. Any act of sexual exploitation or 3. Slavery or 4. Practices similar to slavery, servitude 5. For removal of organs • Only illustrative, not exhaustive (note the words “shall include”) • Consent of the trafficked victim is immaterial basically 3 types Trafficking For Commercial Sexual Exploitation Trafficking for Exploitative Labour Trafficking for other types of exploitation, including organ trade However, on ground, all are mixed up 8 Trafficking for exploitative labour labor- domestic, industrial, agricultural etc entertainment (circus) etc … Camel racing False marriage – “mail order bride” Begging Militancy, terrorism etc… As well as illegal adoption, etc… 9 9 Trafficking for commercial sexual exploitation 10 10 TRAFFICKING FOR CSE Brothel -based Non brothel based e-based 11 many a façade and camouflage Sex tourism Façade of Massage Parlour beauty parlour tourist circuit bar tending escort services etc… Pornography Cyber Sex … 12 New forms: human ingenuity at its worst • Trafficking for surrogacy • Trafficking for medical tests as guinea pigs • Trafficking for adoption • Trafficking through adoption • Reported missing but trafficked • Trafficking under the façade of medical tourism 13 A GIRL CHILD TRAFFICKED INTO COMMERCIAL SEXUAL EXPTN 14 1.1. DISPLACED ( ABDUCTED? ) 2. CRIMINALLY CONFINED 3. CRIMINALLY RESTRAINED FROM THOUGHT / ACTION 4. PHYSICALLY & MENTALLY TORTURED / INJURED 5. SOLD 6. PURCHASED 7. MODESTY OUTRAGED 8. RAPED REPEATEDLY 15 9. VICTIM OF SEXUAL PERVERSIONS 10. SERVITUDE & DEBT BONDAGE 11. PRIVACY DENIED 12. ACCESS TO JUSTICE DENIED - NO REDRESSAL 13. CRIMINAL CONSPIRACY 14. MULTIPLE ABUSE & ABUSERS * ORGANIZED CRIME* *BASKET OF CRIMES* 16 THE HR VIOLATION OF THOSE TRAFFICKED ACROSS THE BORDERS 11.. DEPRIVATION OF RIGHT TO LIFE (SLAVE LIKE CONDITIONS) 2. DEPRIVATION OF RIGHT TO SECURITY (PHYSICAL & ECON) 3. DEPRIVATION OF RIGHT TO PRIVACY (BONDED LAB) 17 Contd…. 44.. DENIAL OF ACCESS TO HEALTH SERVICES 5. DENIAL OF RIGHT TO SELF DETERMINATION (RESOLD) 6. DENIAL OF RIGHT TO RETURN TO OWN COMMUNITY - “STATELESS” 7. DENIAL OF RIGHT TO REPRESENTATION (STATELESSNESS ) 8. DENIAL OF RIGHT TO BE HEARD BEFORE DECISION MAKING WHAT CONSTITUTES TRAFFICKING more often misunderstood as PROSTITUTION- NEEDS DE -MYSTIFICATION and Clarification of concepts TRAFFICKING IS NOT prostitution 19 WHAT CONSTITUTES TRAFFICKING DISPLACED FROM COMMUNITY TRANSPORTATION COERCION / DECEIT EXPLOITATION of vulnerability COMMERCIALIZATION COMMODITIZATION SERVITUDE VIOLATION OF HUMAN RIGHTS ORGANISED CRIME BASKET OF CRIMES human smuggling vs human trafficking RECENT CASE STUDIES • JHARKHAND to KERALA • KERALA to GULF Who are the victims of trafficking? 23 Why trafficking? • Is it lack of education? • Is it lack of awareness? • Is it due to lack of livelihood? • Is it due to child abuse and exploitation at home? • Is it poverty? • Is it due to poor law enforcement? • Is it demand? Vulnerability factors and Demand factors 24 VULNERABILITY FACTORS Socio cultural factors on top Ignorance of rights Illiteracy Gender discrimination Neglect/ lack of community/family care Abuse of children: different violations Economic deprivations Unemployment Disasters and resultant distress 25 DEMAND FACTORS The very demand Commercialization of human beings Power / authority Profit Anonymity Nexus Impunity Poor/distorted law enft/justice delivery. 26 usual myths… (HT for forced labor) • Poor children… nowhere to go… hence this is a better option… • Victim was paid for the services / labour, so there is no crime… • This is migration, but not human trafficking… • Child labour and bonded labour cannot be trafficking… usual myths… (HT for CSE) • Poverty … no employment… hence this is a better option… • Woman does it willingly…enjoys… • Woman is part of the crime…being paid for the services • There were opportunities to escape but the victim chose to stay • Affects only some poor…our children are safe… MISSING PERSONS vs . TRAFFICKING CASE STUDIES OF DELHI, MUMBAI, CHENNAI, AP LINKAGES OF TRAFFICKED VS. MISSING PERSONS NATIONAL DATA OF MISSING PERSONS UNIQUENESS OF DATA 29 Annual all - India data of missing persons: Average of 6 years – 1996 to 2001 Category Persons Not % Not Reported Returned Returned Missing Women 22480 5452 24.3 Children 44476 11008 24.8 30 30 • Data sought from 640 Dists: RTI BBA Research • Data received from 392 Dists. 2011 • 117480 children missing in 2 years (2008 + 2009) • 41546 remain untraced • Yearly average: One lakh children go missing per year 33000 remaining untraced !!! orders of Hon’ble Delhi High Court MHA Advisory Orders of Hon’ble Supreme Court of India 31 BBA vs UOI on missing children SC orders 17 Jan 2013 Ops smile • Start • Impact • Replication • Lessons learnt • What is done and what is not Who are the offenders in trafficking crimes ? 34 Demand and perpetuating demand Who are they ?? spotter, recruiter, Seller, purchaser, transporter, abuser, exploiter, financier, custodian, keeper, pimp, contractor, nexus??? Other conspirators… Have all of them been investigated into? the Organized Crime with no boundaries - source – transit- destination linkages - push and pull factors linked - electronic space gives further scope - well networked - nexus… Trafficking Network spotter, recruiter Other conspirators Seller, purchaser harbourer transporter pimp, contractor abuser, exploiter custodian, keeper financier Story of traffickers illicit assets • BRP at Delhi • Panna Lal Mahto of RNC • Confiscation of assets of traffickers…? Economics behind forced labour trafficking • 360 billion USD = 21 Lakh Crores INR are generated by enslaving children in exploitation in India • Equivalent to one fifth of India’s GDP • This black money propels capital corruption and sustained explotation of children in India – Kailash satyarthi, “Economic Behind Forced Labour Traficking”, Global March Against Child labour, 2014 Trends in human trafficking • Increase or decrease? • Demand… • More children in labour… • More women in sex and labour exploitation • More demand for girls in sexual exploitation • Increase in Illicit assets • Trading in human misery 40 Film 1 English Film https://www.youtube.com/watch?v=v-hBfhwEH6Q 41 How do you rate the response systems Findings inin thetheNHRC research, 20022002--20042004 :: 60% crimes not reported only 6.6% police officers had any training on trafficking/related issues No training for prosecutors in a systematic way Nil/ low priority issue for everybody Lack of integration among govt depts/ agencies/ schemes esp for rehab/post-care etc Lack of network of LEA with NGOs 43 DISTORTIONS IN RESPONSE Average 13000 arrested every year, @90% are females !! 58 % were “ARRESTED” earlier mostly got released by the BROTHEL OWNER Victimization of victims across the spectrum - everywhere… Lack of rehab main reason for re-trafficking Preventive actions/steps: mostly on paper 72% victims were “convicted” earlier on charge of “soliciting” 44 WHY are the VICTIMS convicted? • Who is responsible? • Police? • Prosecution? • Courts? • System? • Individuals? • Ignorance or insensitivity or callousness or vested interest or …. Victimization of victims ? • Primary victimization in the process of trafficking • Secondary victimization at the hands of the responders – Rescue stage, Investigation stage, prosecution stage, long, arduous, unpredictable stay at Homes, trial stage, rehabilitation stage, repatriation stage … • Tertiary victimization on rehabilitation at the community Secondary victimization: examples • Being kept along with accused/transported together , accused intimidating victim • Victim’s belongings not carried along • Victim’s child left behind • No relief/rehab mechanisms in sight • Compensation to victim is still a dream? • Victim’s health issues not attended to –including mental health • victim’s dignity is further violated? -media publicity? victimization starts even before rescue: Rescue not being done in time? • Who can rescue • Special police officer not being available • If no SPO available , what to do • Powers of police/SDM/JM/NGO/ANYBODY • Why no rescue in time? – Insensitivity, prejudices, lack of priority, lack of understanding the issues – Lack of Homes ? – Supervision/ Accountability issues? REHABILITATION • Who does it? • How is it being done • Is it integrated with rescue/demand? • Is it from the best interest of the recued person • Does anybody assess
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