UNIT 11 NATIONAL MODELS
Structure 11.1 Introduction 11.2 Objectives 11.3 Prevention by Controlling the Demand 11.4 Prevention by Controlling the Supply 11.5 Rehabilitation of End Users, Slave-owners Clients and Johns 11.6 Rehabilitation of Victims and Survivors 11.7 Gaps and Challenges 11.8 Summary 11.9 Terminal Questions 11.10 Answers and Hints 11.11 References and Suggested Readings
11.1 INTRODUCTION
India has yet to develop a national framework for the prevention of trafficking or for rehabilitation of victims and survivors of trafficking. It has signed but not ratified the UN Protocol for the Suppression of Trafficking, especially women and children. Once it . ratifies the UN protocol it will be Jegally obliged to change its law to meet the standards of the UN Protocol and to develop a national framework to counter trafficking. Current prevention models developed by civil society organisations, UN agencies and the Ministries of Women and Child, Health, Social Welfare and Home range from awareness campaigns that allow high risk individuals to make informed decisions, community vigilance, education to parentson the dangers of trafficking,helping to reduce risk through programmes like increasing education for girls, economic empowerment of women, and reduction of caste-based discrimination. For children of prostituted women, a number of organisations offer education and shelters so that they in turn are not pulled into prostitution, pimping, domestic servitude or bonded labour. There are few prevention programmes to reduce the demand for trafficking. The current Indian ant-trafficking law,Immoral Traffic PreventionAct (ITPA), lacksclear guidelines on who is subject to prosecution and who should be protected 1 . In practice more victims and survivors get arrested than pimps and johns. A UNODC initiative to train police officials and prosecutors had some success in increasing convictions and enabling law-enforcement officials to see the issue of trafficking from a victim's perspective. Current rehabilitation models developed by civil society organizations, UN agencies and the Ministries of Women and Child, are limited to shelters for women and children who are victims and survivors of trafficking run by NGOs under the Swadhar scheme of the Ministry of Women and Child or through private donations, a few corporate social responsibility initiatives to provide skills and job training to survivors and the formation of small self-help groups for women to support each other and start small businesses. There are no rehabilitation schemes for perpetrators of trafficking to reform 5 them or prevent them from becoming second time offender. Existing Models in Prevention and 11.2· OBJECTIVES Rehabilitation After going through this unit, you should be able to: • describe the meaning of prevention and rehabili tation in the context of trafficking; • list National Good practices in Prevention; • list National Good practices inRehabilitation Efforts; • list gaps and challenges in National models in Prevention and Rehabilitation; • describe the Role of Rehabilitating johns in combating trafficking; and • know the importance of confronting the demand to prevent trafficking; 11.3 PREVENTION BY CONTROLLING THE DEMAND The Prevention of human trafficking requires first and foremost deterring the demand for trafficking. The current Indian anti-trafficking law, Immoral Traffic Prevention Act (ITPA), lacks clear guidelines on who is subject to prosecution and who should be protected'. ITPAprovides for the constitution of special courts and summary trials, but provides no procedures for establishing such courts or conducting such trials'. In the absence of a non-bailable offence, the exploiters and abusers are able to secure bail easily and are then able to influence or intimidate the victims who are rescued and may testify against them". This forces many ofthe victims to turn hostile in the trial and thus defeat the prosecution. Conversely, when the child is the perpetrator and given bail, si he is often returned to the guardian despite the fact that the guardian is the one who facilitated the child's commercial sexual exploitation'. This impunity thatjohns, pimps, brothel keepers, transporters, recruiters, brothel managers, money lenders, escorts to advertisers, enjoy enhances the demand for trafficking. The first step in prevention would be to amend the existing ITPA to define a trafficker and buyer of trafficked people clearly and introduce stronger punishment for them. The second would be to remove criminal liability in any form for victims and survivors. The two sections ofITPAmentioned here are SectionS, which needs to be strengthened to punish buyers and johns and deletion of Section 8 under which women are picked up for being forced to stand in a public place by pimps and brothel managers to solicit for customers. India is on the verge of becoming a party to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2003. It has signed the Protocol and is likely to ratify it this year. Once it does so, it will be legally obliged to amend its laws in keeping with the standards outlined in the Protocol. Since India has signed the Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children, the definition in the protocol should apply until a definition has been introduced into local legislation'.
I Bhatt, Aparna, Report on Laws «ud Legal Procedures Concerning the Commercial Sexual Exploitation of Children in India ( ECPAT). 2 Bhatt, Aparnu, Report on Laws and Legal Procedures Concerning the Commercial Sexual Exploitation of Children in India ( ECPXI} 3 ITPA sections 22-AA, 22B. 4 Bhatt,Aparna, RCPOlo1n Laws and Legal Procedures Concerning the Commercial Sexual Exploitationof Children in India (ECPAT).See discussion at p.42 above in Gaps and Discussion on Protections tor Child Victims. , Shalt, Aparna, Report on Laws and Legal Procedures Concerning the Commercial Sexual Exploitation of Children in India (ECPAT). See discussion at 36-38 above in Lack of Protections for Witnesses. I> The Supreme Court of India in two of its leadingjudgmcnts, Nilabati Behera v. State of Oris sa and Vishaka and others v. State of Rajasthan and others, held that international treaties/conventions to which the State is a party apply around the country in the absence of domestic legislation to that effect or to the contrary. 6 Under Article 142 of the Constitution of India, the judgment of the Supreme Court of India is applicable to the entire country and is the law of the land. Applying these principles, it can be argued that these international definitions should be applied locally, but the practice is otherwise. Current Indian Good Practices Criminalization of' the offence of National Models 1) The only law that defines trafficking in persons trafficking in India is a state law, The lack of specific and/or adequate legislation the Goa Children 's Act, 20037. on trafficking in persons at the national level is which says: "child trafficking" one of the major obstacles in the fight against means the procurement, trafficking. There is an urgent need to recruitment, transportation, harmonize legal definitions, procedures and transfer, harbouring or receipt of cooperation at the national and regional levels in accordance with international standards. The persons, legally or illegally, within development of an appropriate legal framework or across borders, by means of that is consistent with the relevant international threat or use of force or other instruments and standards will also play an forms of coercion, of abduction, important role in the prevention of trafficking of fraud, of deception, of the and related exploitation. The UN Trafficking abuse of power or of a position Protocol requires the criminalization of of vulnerabili ty or of giving or trafficking in persons. The UN Convention receiving payments or benefits to against Transnational Organised Crime, Article achieve the consent of a person 5 of the Trafficking Protocol, also requires the having control over another criminalization of the full range of conducts person, for monetary gain or related to trafficking in persons as defined in Article 3 of the Protocol. In other words, it is otherwise. not sufficient to criminalize some underlying 2) Some state governments in India offences of human trafficking, but human have been using existing sections trafficking' in its entirety needs to be art he ITPAalongwith sections criminalized. Additionally, the UN Trafficking in the Indian Penal Code to Protocol requires the criminalization of the overcome the problem of a attempt to commit trafficking, participation as proper definition of traffickers or an accomplice, and organising or directing a client-end user, trafficking and others to commit. trafficking. .the extremely light punishments Extract from the Toolkit to Combat Trafficking for offences under ITPA. They in Persons, Global Programme against are using statutory rape laws, Trafficking in Human Beings, United Nations, anti-pornography laws, child 2006. marriage restraint laws, debt bondage and anti-smugglings laws to nail down traffickers and end users. These have significantly prevented the number if children and women are being trafficked" . .'
Self' Assessment Question 1) What is Child Trafficking?
...... , , , .
3) The Karnataka Devadasis (Prohibition of Dedication) Act, 1982, and Andhra
Pradesh (AndhraArea) Devadasis (Prevention of Dedication) Act, 1947, ban the F practice of marrying young girls to a deity. Although the law in this area has been in " : l~-.+., '/' I-t. '. 7 ncpcr.gov.in/ Acts/Goa _Ch iIdrens~ct_ 2003 .pdf. R Nair P. M., TRAFFICKING Women ,lilJ Children for Sexual Exploitation, Handbook for Law Enforcement Agencies in India[Rcvised edition 2007), UNODC. ,.
., . Existing Models in existence for many years, it is rarely implemented, as case law indicates. There are Prevention and few cases registered under the CMRA or the State Acts. Furthermore, the CMRA's Rehabilitation enforcement has been limited to cases involving religious practices followed by Hindus, and has not been applied to religious practices followed by other communities like Denotified Tribes like Nats, Perans and Bediyas who groom either daughters or daughters-in-law for prostitution. 4) The Ministry of Home Affairs has set up a Nodal Cell for dealing with matters relating to trafficking in human beings. The Cell is interaliaresponsible for collecting and analyzing the data related to trafficking from the State Governments/UT Administrations, identifying problem areas and analyzing causes for their being source/transit/destination areas, monitoring action taken by the State Governments/ UTAdministrations for combating the crime and organising co-ordination meetings with the nodal Police Officers of States/UTs. 5) The Government ofIndia in the Ministry of Home Affairs, in association with the \. United Nations Office on Drugs and Crime (UNODC) had initiated a two year .) Gupta, Ruchira and Sinha, Ruchi; Confronting the Demand for Sex-Trafficking-A Handbook for Law 8 Enforcement. National Models 11.4 PREVENTION BY CONTROLLING THE SUPPLY 0 Poverty and lack of economic opportunity make women and children potential victims of traffickers associated with International criminal organisations. They are vulnerable to false promises of job opportunities in other countries. Many of those who accept .these offers from what appear to be legitimate sources find themselves in situations where their documents are destroyed, their selves or their families threatened with harm, or they are bonded by a debt that they have no chance of repaying. While women and children are particularly vulnerable to trafficking for the sex trade, human trafficking is not limited to sexual exploitation. It also includes persons who are trafficked into 'forced' marriages or into bonded labour markets, such as sweat shops, agricultural plantations, or domestic service. The lack of choices of marginalized girls, women, boys and men provides the supply of trafficking. Increasing choices by reducing vulncrabilities likelack of education, police protection, access tojobs or safe-housing can equip potential victims with the ability to f say 'no' to traffickers. Even some low or moderate cost interventions can have immediate impact, such as awareness campaigns that allow high risk individuals to make informed decisions. Working on prevention has the ability to truly transform the lives of at-risk girls, women, boys and men while efforts to rescue and rehabilitate can ameliorate the trauma. Such a programme would have to tackle issues of health, education, discrimination, and safe housing in a multi-pronged approach. In villages, current prevention programmes include programmes such as community vigilance, education to parents on the dangers of trafficking, and RIV education. More broadly, a number ofNGOs that don't focus exclusively on trafficking are helping to reduce risk through programmes like increasing education for girls, economic empowerment of women, and reduction of caste-based discrimination. For children of prostitutes, a number of organisations offer education and shelters for this high risk group, located primarily in the red light districts of cities. Self Assessment Question 2) What do you understand by lack of choices? ...... , . L ~ Current Indian Good Practices on reducing the supply 1) It has been observed that the social and economic status of the marginalized groups, especially those living in areas vulnerable to trafficking, needs to be ameliorated so that they are no longer prey to traffickers. The Government is implementing a number of schemes for poverty alleviation and social and economic empowerment, which will go a long way in reducing the incidence of trafficking in the country. Q e Some of these inc1ude special schemes for the protection of the girl child - the .11)... 9 Existing Models in most vulnerable of all groups. Further, there are interventions which allow safe Prevention and migration of working women and their children. Some of the schemes are: Rehabilitation 'Dhanalakshmi', conditional cash transfer scheme for girl child with insurance cover was launched by the MWCD in January 2008 as a pilot project in select districts of select States. The scheme provides for cash transfers to the mother of the girl child on performance of certain conditionality such as birth of the girl child and registration of her birth, immunization, enrolment, retention in school and her remaining unmarried till the legal age of marriage, 18years. It is expected that the scheme would ensure that the girl child is not only born but also that she is enrolled and retained in school which would decrease her vulnerability to trafficking, child labour, child marriage etc. Kishori Shakti Yojana (Adolescent Empowerment Scheme) which is being implemented by MWCD, the targets adolescent girls in the age group of 11 to 18 years, to address their needs of self development, nutrition and health status, literacy and numerical skills, vocational skills etc. Nutrition Programme for Adolescent Girls addresses the problem of under- nutrition among adolescent girls, pregnant women and lactating mothers. Nutritioh Programme for Adolescent Girls (NPAG) was launched in the year 2002-03. Under this scheme, which was implemented by the MWCD, food grains were given tounder nourished adolescent girls, pregnant women and lactating mothers. A proposal to integrate Kishori Shakti Yojana and the NPAG, and expand its coverage nationally is under preparation .The new scheme called the Rajiv Gandhi Scheme forAdolescent Girls will provide inputs for holistic empowerment of these girls. Working Women's hostels to provide safe and affordable housing for women working away from their homes. The Government runs workingwomen's hostels with facilities of creches for their children so that these children are in a protective environment. 2) Apne Aap Women Worldwide has created 140 Self-Help Groups for 2100 women and girls, who are at risk to being trafficked into prostitution in Mumbai, Kolkata, Delhi and Bihar as a way to create social capital and financial independence so that they have choices other than prostitution. This works to prevent them from becoming prey to trafficking rings. Apne Aap's members are initially organised intoAmma Samuhas (mothers 'groups), informal networks of women seeking education for their children.As the women and their children become more engaged' with Apne Aap, they join Mahila and Kishori Mandals - Women's and Girls' community groups - where members meet weekly to share their experiences and access Apne Aap resources. These groups are then transitioned into self help groups, which will ultimately function as small business collectives, providing the most underserved and vulnerable women and girls with savings, loans,job training, market linkages and a safe livelihood. (www.apneaap.org) 3) UNIFEM has developed a comprehensive programme in high-risk rural areas through its "Centres ofAction" include peer education by survivors of trafficking, short stay homes, communal learning, community income generation, and vigilance against community leaders to stop local trafficking. Currently they have developed a dozen centres are working with a branch of the local Indian government called the National Commission for Women. 10 -t- I 4) The Right to Education is at the centre ofApneAap's legal campaign to stop the National Models prostitution of all girls.Apne Aap runs the Kasturba Gandhi Balika Vidyalaya Girls Hostel inpartnership with the Indian government's Education for All initiative.The hostel, which currently houses 50 girls between nine and fifteen years old, draws its students from marginalized communities in the rural, red light areas of Bihar. Twenty of the students are from the Nat community - a group who has-been relegated to the fringes of society,traditionally drawing their income from the forced commercial sexual exploitation of the community's women - and would otherwise be living in home-based brothels where their mothers and sisters are forced to work. The students attend a nine month bridge program at the hostel to prepare them for traditional schools. As first-generation learners, the bridge course is invaluable in preparing the girls for the transition while helping them cope with the trauma of having witnessed sexual abuse and violence at home. These residential hostels or schools protect and prevent daughters of women in prostitution. 5) Pray as-Microsoft Project JYOTI seeks to improve the learning opportunities of vulnerable young people and adults by providing technology skills through community-based technology learning centers (CTLCs). Both Microsoft and Prayas believe that providing market driven technical skills training to vulnerable children (above 14 years), youth and women, can help to effectively fight trafficking and create socio-econornic opportunities that can transform communities and change people's lives in India. Prayas' innovations in collaborating with the corporate sector have established models as accepted livelihood alternatives for both prevention and rehabilitation. They also have a similar partnership with Amul (Gujarat Milk Cooperative and Marketing Federation). This project has employed 35 victims of trafficking who earn between INR 4,500.00 to INR 5,000.00 a month.. 6) Vimochana has undertaken a silentrevolution at thegrassroots in containing Devdasi system and thereby preventing human trafficking,by increase in literacyrateamongst the Devadasi community from 17 per cent to 62.26 per cent and giving families buffaloes and goats with due training in dairy farming. This is combined with the formation of vigilance committees in each village - particularly at the panchayat level • to report and prevent dedications • to report about frequent visits by ex-devadasis from urban red light areas • to keeping strict vigilance at the time of fairs at the YeUammatemple 7) Sakhi, an NGO based in Madhubani, Bihar, runs Kishori Shiksha Kendras (education Centers for adolescent girls) in ten pockets of Andrathari Block in District Madhubani. The centers are supported by World Education (USA). One of the main objectives of this initiative is to prevent vulnerable children from being trafficked by giving them basic knowledge on education, health, sanitation,violence, abuse and exploitation, safety, including trafficking. In these Kishori Shiksha Kendras, the main focus is in to bring about a change in the girls' attitude towards themselves, their behaviour in general and development of group culture with a feeling of collectivity and strength to fight against social evils in the society. 8) The MWCD has formulated an umbrella scheme called Integrated Child Protection Scheme (ICPS) to provide a safe and secure environment for the overall development of children who are in need of care and protection as well as children in conflict with law, including children in difficult circumstances. The Scheme aims 11 Existing Models in to improve access to and enhancement in quality of child protection services. The Prevention and objectives of the scheme is to improve the well being of children in difficult Rehabilitation circumstances, as well as to reduce the vulnerabilities that lead to abuse, neglect, exploitation, abandonment and separation of children from parents by: • Improved access to and enhancement in quality of child protection services. • Enhancement of capacities at all levels on child protection. • Raising public awareness on child rights situation and protection in India. • Creating a knowledge and information database for child protection services. • Clearly articulating responsibilities and enforced accountability for child protection. • Establish functional structures at all government levels for delivery of services to children in difficult circumstances. • Evidence based monitoring and evaluation. Self Assessment Question 3) Enumerate schemes of government for poverty and alleviate social and economic empowerment. 11.5 REHABILITATION OF END USERS SLAVE-OWNERS, CLIENTS AND JOHNS No boy is destined to be a "client/john", a pimp, or a human trafficker. Mainstream culture has popularized the image of a client or a pimp to the point that some men and boys look up to pimps and clients as if they represent legitimate male role models and view pimping and buying sex as a normal expression of their masculinity. For example, Pornography, the first point of entry into sex for many boys and young men, manipulates male sexuality, popularizing acts that are non-consensual, offensive and coupled with violent intent that result in the pain, suffering, and humiliation of women and children. In many cases men are socialized into developing appetites for younger and younger women as a reaffirmation of their masculinity. This creates a "pedophile-like culture among men". While pimps play a central role in human trafficking and cause tremendous hann by routinely raping, beating, and terrorizing women and girls to keep them in prostitution, clients/johns are often in denial and view prostitution as a "victirnless crime". They also begin to associate sexual pleasure with inflicted pain. They are victims of popularized notions of masculinity and need to be rehabilitated. Their rehabilitation should include education programmes designed to teach them the physical, mental, legal and health effects of buying sex and the realities of prostitution. Johns/Clients should be made conscious of how their actions can spur on human trafficking". 12 / The same is true of those who own debt-slaves, employ women in domestic servitude, National Models buy organs, or employ cheap contract labour. They are in denial about the consequences of their action and accept the inevitability of people of colour, poor, low caste, indigenous, girls and women being available for lower labour standards. Some need law enforcement as a deterrent, which should include severe punishment and fines and others need rehabilitation, encounters with trafficking survivors to know the consequence of their action. Currently India h,~1{no Good Practice on rehabilitation of end-users andjohns. \ 11.6 REHABILITATION OF VICTIMS AND SURVIVORS Rehabilitation of Victims of Trafficking includes rescue, care and support, community based rehabilitation, custody of victims, education and skill building of victims, linking them with jobs and housing and their ultimate rehabilitation and re-integration in society. In the case of cross-border trafficking, it may include Repatriation of victims . ..The Ministry of Labour and Employment focuses on all matters related to the enforcement oflabour laws, and rehabilitation and repatriation of child labour. The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJA) - is the primary law relating to juveniles in conflict with law as well as children in need of care and protection. The Act seeks to provide care/pjotection to children by catering to a child's development needs, adopting a child friendly environment and approach for adjudication of cases related to juveniles/children, keeping the child's "best interest" in mind and rehabilitation of the child as the goal. Good Practice on rehabilitation of victims and survivors 1) The Ministry of Labour and Employment has developed a protocol on prevention, rescue, repatriation and rehabilitation of trafficked and migrant child labour, for all stakeholders. 2) A Central Advisory Committee under the Ministry of Women and Child Development has created a blue print of action for Rehabilitation of Victims of Trafficking that provides for action points related to quality of care and support programmes that include both physical and psychological care required by the victims oftrafficking. 3) The Ministry of Women and Child Development has established The Ujjawala scheme comprises 5 components: • Prevention, which consists offormation of community vigilance groups/ adolescents' groups, awareness and sensitization of key functionaries. • Rescue, safe withdrawal of the victim from the place of exploitation. • Rehabilitation, which includes providing safe shelter for victims with basic inputs of food, clothing, counselling, medical Care,legal aid,vocational training and income generation activities etc. • Reintegration, which includes restoring the victim into the family/community (if she so desires). • Repatriation, to cross-border victims for their safe repatriation to their country of origin. 13 Existing Models in 4) Child Line is a 24-hotlf telephone service run under the aegis ofMWCD, available Prevention and to all children in distress or to adults on behalf of children in distress. At present, Rehabilitation the Child Line is working in 82 cities and towns in the Country. Child line India has responded to more than 1,35,51,134 (up to March, 2008) calls from71 cities and towns since its inception in 1998. 5) 'Swadhar' and Short Stay Homes - The MWCD runs shelter based homes, such as short stay homes and' Swadhar' homes for women in difficult circumstances. These schemes also cater to trafficked women/girls rescued or runaway from brothels or other places. The schemes provide for shelter,food, clothing, counselling, clinical, medical, and legal and other support, training and economic rehabilitation and helpline facilities. Many Of these homes are equipped with women helplines for emergency response. At present, there are 380 short stay homes and 240 'Swadhar' homes functioning in the country. State Governments also separately run shelter homes for women and children in distress. Many of these homes are equipped with women helplines for emergency response. 6) A scheme titled 'Santwana', to assist women who are victims of domestic violence, I' rape, sexual abuse and dowry harassment is being run in Karnataka. Eighty six -,I such centres are being run through the NGOs. 7) A'Devadasi' Rehabilitation Programme is being implemented in Kamataka which provides training in income generating activities, linkages to financial and credit institutions, formation of SHGs, support for construction of dwelling houses and purchase ofland along with a pension ofRs. 400/- per month to former 'Devadasis' who have completed 45 years of age. 8) Since 1992-93, the Madhya Pradesh government is implementing Jabali Yojana for eradication of prostitution, under which' Ashramshalas' for children are specially run by NGOs to promote social development of communities, education and other development activities particularly at the grassroots level. The programme also includes income generating activities, health check-up and treatment facilities for women and IEC activities to generate awareness among people; it also provides scholarships to children belonging to communities that traditionally practice prostitution. 9) ApneAap Women Worldwide has launched a unique innovative intervention in open rehabilitation where itworks with girls and women in their own communities of exploitation by organising them into small groups in Apne Aap facilitated community outreach centres so that they are able to rescue each other and become strong enough to resist the injustice in their own lives and know and access government entitlement. Through these groups 2500 women have opened bank accounts and put 814 of their daughters in school and one red-light areas has become a non-red light area. It rehabilitation goal is to make victims make the journey from victim to survivor and from dependence onApneAap services to Independence. 10) Social and economic re-integration through self-employment opportunities, enterprise building and employment inAmul Pizza Parlours, as house keepi.ngstaff members and as Home Nurses and also in the collective enterprise of Prajwala, an NGO in Hyderabad. Girls are being gainfully employed and are successfully sustaining their livelihood through sheer hardwork and effective social networking. 11) Saarthak, a voluntary organisation based in Delhi, focuses on mental health in the community and has worked with the mission of providing support to the victims of 14 trafficking in South Asia. Saarthak has: • Developed minimum standards of care for rescue, repatriation, rehabilitation National Models and re-integration. • Mainstreamed mental health frameworks into the agenda of Anti-trafficking service providers including the criminaljustice system, voluntary organisations providing care and protection and livelihoods, voluntary organisations working in post-tsunami scenario to prevent trafficking, government schemes and policies. • Creating mental health capacity building resources by developing a certificate level and a diploma level training programmes for mental health interventions for survivors of trafficking. Nearly 1,000 people from 50 organisations in South Asia have been trained through the Saarthak training programmes. 12) SANLAAP is a resource organisation in South Asia in the area of institutional care ,, provision for victims/survivors of trafficking and commercial sexual exploitation. ., The organisation has not only attained quality care standards in its care facility, but has also trained several Governmental and non-governmental institutional care set-ups and is working towards acbieving minimum standards of care and protection in all shelter homes inthe region. 13) The Ministry of Labour and Employment isimplementing the National Child Labour Project Scheme (NCLP) -Working children are withdrawn from work and put into special schools for a period of maximum three years. In these special schools, they are provided with accelerated bridging education,pre-vocational training, stipend,mid-day meal, and health care facilitiesetc.A Central Monitoring Committee has been set upfor the overall supervision, monitoring and evaluation of the National Child Labour Projects. Respective State Governments have also been advised to set up State level monitoring committees similar to the Central Monitoring Committee. The Government ispresently implementing the NCLP Scheme in 250 districts of the country and it is proposing to expand it to 600 districts in the' Eleventh Plan (2007-12). 11.7 GAPS AND CHALLENGES 1) India's biggest gap in prevention is no adequate law to address the demand for trafficked people and no rehabilitation progranune for clients and johns. India has yet to prioritize the urgency and importance of protecting half its population from enslavement. 2) There are no holistic and integrated programmes in all districts ofIndia to tackle prevention, protection and prosecution issues around trafficking. Local authorities don't have the infrastructure or the training or the mind-set to acknowledge or tackle the issue of trafficking, In many instances even existing laws are not implemented because implementing officers believe that the labour and sexual exploitation of some caste groups and of girls and women is inevitable, that men have unbridled sexual desire and they would have a law and order problem if some womenwere not available for prostitution. A huge training exercise at all levels and constantly is required to make officers more gender sensitive. 3) There are initiatives to provide women with a safe space and proper training for them to exit prostitution and re-integrate back into society. Unfortunately, these programines have very low success rates. Unfortunately, government centres for -Q women are overcrowded and unsanitary, and often are not focused specifically on Q -It)- women from prostitution. Sexual abuse continues in these centres, which are often 15 Existing Models in run by men. Shelters which are run by untrained staff permit traffickers to re- Prevention and trafficked victims by approaching shelter managers and pretending to be family Rehabilitation members in order to have the victims released to them. Other shelters, aiming to prevent this, did not permit child victims to leave the shelters at all- including for school. There arc successful NGO-run shelters, such as those run by All Bengal Women's Union and Sanlaap, but they are too few in number to serve all the victims in need. 4) Rehabilitation programmes should offer a number of services to victims, but the majority of the government shelters do not help victims re-integrate. Counselling and mental health services are very few in number. Medical health services are also insufficient. Drug rehab programmes for drugs and alcohol art:necessary but also few in number; most drug and alcohol centres in India are for men and almost none are geared to prostitutes. Drug and alcohol dependency is one of the primary reasons women return to prostitution, so such programmes must be significantly improved. Ideally, a shelter would also have peer support programmes, vocational training, legal counselling, independent living programmes, drug rehab, and child care or a school for the prostitutes' children. 5) Rehabilitation programmes should focus on educating communities and the girl's '.~ family to allow her to return home, but due to the high stigma of prostitution the girl is rarely able to return home or marry. In realty, many of the women who leave prostitution return or end up begging on the streets until they die due to illnesses and disease. In fact rehabilitation programmes put too much emphasis on returning the girl home, sometimes the very place and circumstances where she was trafficked from. Programmes should leave the choice to the girl about where she starts her new life when she turns adult. 11.8 SUMMARY • Prevention includes both preventing a crime by penalizing end users and traffickers and reducing the,conditions that make an individual vulnerable to trafficking. • Recovery and Rehabilitation for trafficked persons is a long and complex process and encompasses rescue, rehabilitation, re-integration and sometimes repatriation. • Rehabilitation in the human trafficking context also requires rehabilitation of perpetrators who are addicted to domination and violence. • The first step in prevention would be to amend the existing ITPA to define a trafficker and buyer of trafficked people clearly and introduce stronger punishment for them. The second would be to remove criminal liability in any form for victims and survivors. The two sections of ITPA mentioned here are Section 5, which ,needs to be strengthened to punish buyers and johns and deletion of Section 8 under which women are picked up for being forced to stand in a public place by pimps and brothel managers to solicit for customers . • ' The Government ofIndia in the Ministry of Home Affairs, in association with the United Nations Office on Drugs and Crime (UNODCj trained Law Enforcement Officers (police & prosecutors) on the problem of human trafficking and further build up their capacity to better investigate the crime and prosecute the offenders perpetrating such crime. Convictions of traffickers went up as a direct result of this training. 16 • Apne Aap Women Worldwide has launched a unique innovative intervention in National Models open rehabilitation where itworks with girls and women in their own communities of exploitation by organising them into small groups in Apne Aap facilitated community outreach centres so that they are able to rescue each other and become strong enough to resist the injustice in their own lives and know and access government entitlement. 11.9 TERMINAL QUESTIONS 1) What is Prevention in the context of trafficking? 2) What is Demand in the context of trafficking? 3) What is Rehabilitation in the context of trafficking? 4) Name one good practice to address the demand. 5) Name one good practice to address the supply. 6) Name one good practice in rehabilitation. 7),~, Name one gap in confronting human trafficking. " 11.10 ANSWERS AND HINTS -'Self Assessment Questions 1) Refer to Section 11.3 2) Refer to Section 11.4 ~) Refer to Section 11.4 Terminal Questions 1) See introduction -paragraph one. Read Article 9 of the UN Protocol. 2) See Section 11.3 3) See introduction 4) See Section 11.3 5) See Section 11.4 6) Section 11.5 7) See Section 11.7 11.11 REFERENCES AND SUGGESTED READINGS 1) http://www.unodc.orgldqcuments/human-traffickinglIndia _Training material/ Compendium_oCBest_Practices_by_NGOs.pdf 2) http://mha.nic.in/pdfs/CBP-Trefficking.pdf ' 3) nhrc.nic.inIPLANOFACTION.doc 4) www.unodc.orglpdf/india/ ...!lndia%20Country%20Report.pdf 5) Trafficking in women and children in India - P.M. Nair, Sankar Sen, India. National Human Rights Commission 0- o In - 17