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Recovering Childhoods Combating Child Trafficking in Northern India

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Recovering Childhoods Combating Child Trafficking in Northern India RECOVERING CHILDHOODS COMBATING CHILD TRAFFICKING IN NORTHERN INDIA OCTOBER 2005 FREE THE SLAVES RECOVERING CHILDHOODS Combating Child Trafficking in Northern India October 2005 Free the Slaves Washington, D.C., United States • [email protected] Delhi, India • [email protected] Currency Equivalents. ........................................................................................................................ vi Abbreviations. .....................................................................................................................................vii Hindi words. .......................................................................................................................................viii Executive Summary. ............................................................................................................................. 1 1. Focus and methods of the research. ................................................................................................... 2 2. The socio-economic context in source communities. ......................................................................... 2 3. Trafficking patterns and public awareness. ....................................................................................... 3 4. The Legal Context. ..............................................................................................................................4 5. Institutional Context. ..........................................................................................................................6 6. Law Enforcement–Identification and Investigation. .......................................................................... 6 7. Law Enforcement–Prosecution. ..........................................................................................................7 8. Rehabilitation and Reintegration. ......................................................................................................7 9. Successes in Combating Child Trafficking. ........................................................................................8 Chapter 1 - Introduction. ......................................................................................................................9 1. Scope and intention of this study. .......................................................................................................9 2. Methods of research. .......................................................................................................................... 9 3. The overall picture. .............................................................................................................................9 4. Definitions. .......................................................................................................................................11 Chapter 2 - The Socio-Economic Context. ........................................................................................15 1. Land distribution, landlords and loans. ...........................................................................................15 2. Economic subsistence. ......................................................................................................................17 3. Food and its distribution. .................................................................................................................18 4. Migration patterns. ...........................................................................................................................19 5. Education. .........................................................................................................................................20 6. Gender. .............................................................................................................................................21 7. Caste and religion. ........................................................................................................................... 22 8. Globalization. ...................................................................................................................................23 9. Recommendations to reduce socio-economic vulnerability. ............................................................ 23 Chapter 3 - Trafficking Patterns and Public Awareness. .................................................................25 1. Estimates of the extent of the problem. .............................................................................................25 2. Trafficking geographical patterns. ...................................................................................................28 3. Industries using trafficked child labor. ............................................................................................ 32 4. Methods of recruiting children for trafficking. .................................................................................33 5. How trafficked persons are kept and controlled. ..............................................................................34 6. Impact of current anti-trafficking efforts. .........................................................................................36 7. Public and official awareness. ......................................................................................................... 37 8. Recommendations to disrupt trafficking patterns. ........................................................................... 37 Chapter 4 - The Legal Context. ..........................................................................................................39 1. Central Government laws related to trafficking. ..............................................................................39 2. State government laws and administrative orders related to trafficking. ........................................ 45 3. Landmark judicial rulings. ...............................................................................................................46 4. Improvements in laws suggested by respondents. ............................................................................ 46 5. Recommendations to improve federal and state legislation. ............................................................48 Chapter 5 - The Insitutional Context. ................................................................................................49 1. Promoting governmental integrity and equal protection under the law. ......................................... 49 2. Need for sensitizing key officials. .....................................................................................................52 3. Training. ........................................................................................................................................... 53 iv 4. Interagency collaboration................................................................................................................ 54 5. Recommendations to improve the institutional context.................................................................... 57 Chapter 6 - Law Enforcement: Investigation and Identification.................................................... 59 1. Current patterns of reporting........................................................................................................... 59 2. Overcoming barriers to reporting.................................................................................................... 60 3. An anti-trafficking task force............................................................................................................ 64 4. Multiple reporting............................................................................................................................ 64 5. Investigation..................................................................................................................................... 64 6. Recommendations to increase identification and investigation....................................................... 64 Chapter 7 - Law Enforcement: Prosecution..................................................................................... 66 1. Lack of will or interest to enforce trafficking laws........................................................................... 66 2. Selective enforcement of laws........................................................................................................... 66 3. Enforcement officials lack resources................................................................................................ 66 4. Separation between investigation and prosecution.......................................................................... 68 5. Judiciary and prosecutors need updating on trafficking laws and patterns.................................... 69 6. Cases are delayed in prosecution..................................................................................................... 69 7. Witness tampering and obstruction.................................................................................................. 69 8. Low conviction rates........................................................................................................................ 70 9. Recommendations to achieve effective prosecutions........................................................................ 71 Chapter 8 - Rehabilitation and Reintegration.................................................................................
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