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A Report on Trafficking in Women and Children in India 2002-2003

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A Report on Trafficking in Women and Children in India 2002-2003 NHRC - UNIFEM - ISS Project A Report on Trafficking in Women and Children in India 2002-2003 Coordinator Sankar Sen Principal Investigator - Researcher P.M. Nair IPS Volume I Institute of Social Sciences National Human Rights Commission UNIFEM New Delhi New Delhi New Delhi Final Report of Action Research on Trafficking in Women and Children VOLUME – 1 Sl. No. Title Page Reference i. Contents i ii. Foreword (by Hon’ble Justice Dr. A.S. Anand, Chairperson, NHRC) iii-iv iii. Foreword (by Hon’ble Mrs. Justice Sujata V. Manohar) v-vi iv. Foreword (by Ms. Chandani Joshi (Regional Programme Director, vii-viii UNIFEM (SARO) ) v. Preface (by Dr. George Mathew, ISS) ix-x vi. Acknowledgements (by Mr. Sankar Sen, ISS) xi-xii vii. From the Researcher’s Desk (by Mr. P.M. Nair, NHRC Nodal Officer) xii-xiv Chapter Title Page No. Reference 1. Introduction 1-6 2. Review of Literature 7-32 3. Methodology 33-39 4. Profile of the study area 40-80 5. Survivors (Rescued from CSE) 81-98 6. Victims in CSE 99-113 7. Clientele 114-121 8. Brothel owners 122-138 9. Traffickers 139-158 10. Rescued children trafficked for labour and other exploitation 159-170 11. Migration and trafficking 171-185 12. Tourism and trafficking 186-193 13. Culturally sanctioned practices and trafficking 194-202 14. Missing persons versus trafficking 203-217 15. Mind of the Survivor: Psychosocial impacts and interventions for the survivor of trafficking 218-231 16. The Legal Framework 232-246 17. The Status of Law-Enforcement 247-263 18. The Response of Police Officials 264-281 19. The Judicial Response 282-294 20. The Government Response 295-313 21. The Community Response 314-323 22. Response by international agencies 324-330 23. Prevention of Trafficking 331-339 24. Spin-offs in the Action Research 340-349 25. Research Findings and Conclusions 350-371 26. Recommendations and Suggestions 372-403 Appendix 1 Profile of selected NGOs and institutions working in the anti-trafficking activities in India and neighbouring countries 404-420 Appendix 2 Consolidated bibliography (Appendix) 421-440 Appendix 3 List of abbreviations used 441-443 Foreword rrefutable is the fact that trafficking in women and children, an obscene affront to their dignity Iand rights, is a gross commercialization of innocent human lives, indulged in by organized criminals. Trafficking violates all known canons of human rights and dignity. In this world of tragic and complex human abuse, women and children form a particularly vulnerable class. In the existing social scenario in India, vulnerability is a product of inequality, low status and discrimination as well as the patriarchal and captivating authority unleashed on children, especially the girl child. All of this is further compounded by an apathetic attitude of society fueled by a mindset which views women as mere chattels. With no freedom of choice and options for a life with dignity, these hapless women and children are merrily trafficked and exploited forcing them to lead a life crippled with indignity, social stigma, debt bondage and a host of ailments including HIV/AIDS. While on the one side the situation is disquieting and disturbing, the response by agencies concerned, on the other side, is equally disturbing for want of sensitivity, responsiveness and commitment. The void is so wide, in the given response scenario, that it is the trafficked victim who gets further victimized, violated and more often than not retrafficked. Moreover, very often, trafficking is equated with prostitution and this is one of the prime reasons why the human rights violation inherent in trafficking is not correctly understood and the traffickers who are the actual “criminals” get away scot free. Therefore, a need was felt for demystification of the term and understanding the trends and dimensions from a human rights paradigm. This path breaking action research project was commissioned by the NHRC as it felt the need for an empirical study of this complex multi-layered and multi-dimensional problem. The study was carried out with the support of UNIFEM and conducted by the Institute of Social Sciences. It is a unique experiment in several ways. For the first time in history a study of this dimension has been commissioned by NHRC. The research process was action-oriented and action packed with several activities of anti-trafficking (including prevention, protection and prosecution) being ignited, aided and facilitated by the NHRC-UNIFEM-ISS network. A perceptible momentum, based on human rights of women and children, has been created in the country, thanks to the processes undertaken in this research. Moreover the study has been both extensive and intensive, as well as multi-dimensional and multi-centric. Not only the push and pull factors have been studied but even the demand side has been looked into, by interviewing the ‘victims’ and traffickers, many of whom are at large, as the law never caught up with them. The study has gone through a very challenging process, which was systematic and purposive, and, therefore, this report is an epitome of the hardwork done by the entire team. The research laid bare the multi-dimensional nature of the problem, loopholes in the law, gaps in law enforcement, involvement of organized mafia and the agonies of the victims. It also revealed that India serves as a source, transit and destination where thousands of women and children are exploited day in and day out. It also reveals that an important feature of the trafficking iii network is an efficient coordination of what appears to be a fragmented process. The actors in the trafficking network collaborate and protect each other. The research report, in two volumes, is comprehensive and fathoms the various aspects cardinal to the understanding of the issues concerned in a human rights paradigm. The case studies presented in volume 2 have enriched the quantitative data by leaps and bounds. I am delighted that the study conducted under the direct supervision of my colleague, Justice Mrs. Sujata V. Manohar, Member, NHRC, who is the focal point in NHRC for issues relating to women and children, has seen the best contribution from the members of the team, who have put in systematic and dedicated service to the cause of human rights. I take this opportunity to congratulate Dr. George Mathew, Director, ISS, Mr. Sankar Sen, the coordinator of the research and Mr. P.M. Nair, IPS, the principal researcher-cum-investigator and all members of the team who have worked on the project as well as all those who have contributed to the project. I am also thankful to Ms. Chandni Joshi and other members of UNIFEM for their unstinted support and involvement. I hope this report in two volumes, will be of immense use to human rights agencies, government, civil society, media, social activists, policy planners and all concerned, in India and elsewhere, to understand the issues in an objective manner and to take appropriate steps in preventing and combating trafficking, which is the gravest affront to human dignity. I do hope that the facts and figures unraveled by this painstaking study for about two years and the insightful conclusions and recommendations it contains will bestir central and state governments as well as civil society into purposive action, to contain and suppress this ‘modern day slavery’, which is one of the greatest human rights challenges of our time. Unless we fight for the victims or potential victims and champion their dignity, we will not be able to embrace fully our own dignity as human beings. Let us act - NOW - tomorrow may be too late! A.S. Anand Chairperson, National Human Rights Commission, New Delhi 18th July, 2004 Foreword rostitution is often referred to as the oldest profession in the world. This statement has clear Povertones of derision and inevitability which unfortunately tend to get attached to victims of sexual exploitation and trafficking. It would be far more accurate to describe instead, trafficking as the oldest business in the world – and incidentally, one of the most lucrative. There is nothing inevitable about such a business, as the law enforcers may like to believe. Given proper laws, strict law enforcement and socio-economic programmes for the empowerment of the vulnerable and the victims, trafficking can be effectively checked. The purpose of this “action” research is to identify vulnerable areas and groups, to ascertain causes of weak law enforcement and provide data for creation of proper programmes and policies to check trafficking effectively. Trading in human beings and their exploitation in varied forms by traffickers in human beings is one of the most despicable forms of violation of human rights. Trafficking in its widest sense includes not just exploitation of prostitution of others or forms of sexual exploitation, it also includes forced labour or services, slavery or practices similar to slavery or trade in human beings for removal of organs. Trafficking clearly violates the fundamental right to a life with dignity. It also violates right to health and health care, right to liberty and security of person, right to freedom from torture, violence, cruelty or degrading treatment. It violates for children who have been trafficked, or victims of child marriages their right to education, it violates the right to employment and the right of self determination. Unfortunately, there is little awareness of the ramifications of trafficking as a transnational organised crime. The income generated by trafficking is comparable to the money generated through trafficking in arms and drugs. There is, in addition, a lack of adequate laws which should recognise that the trafficked person is a victim and not a criminal. Laws do not adequately target traffickers, pimps, procurers, brothel keepers and the like; or provide adequate punishments.
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