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PROJECTS BY LAW STUDENTS UNDER THE GUIDANCE OF CHAIRPERSON, JUSTICE N.K. JAIN (FORMER CHIEF JUSTICE HIGH COURT OF MADRAS & KARNATAKA) With best compliments.

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Presentation on theme: "PROJECTS BY LAW STUDENTS UNDER THE GUIDANCE OF CHAIRPERSON, JUSTICE N.K. JAIN (FORMER CHIEF JUSTICE HIGH COURT OF MADRAS & KARNATAKA) With best compliments."— Presentation transcript:

1 PROJECTS BY LAW STUDENTS UNDER THE GUIDANCE OF CHAIRPERSON, JUSTICE N.K. JAIN (FORMER CHIEF JUSTICE HIGH COURT OF MADRAS & KARNATAKA) With best compliments RSHRC

2 Under the guidance of Hon’ble Mr. justice N.K. jain (former chief justice of Madras & Karnataka High Court) Chairperson RSHRC Prepared by: Internship students of various law universities

3 Hon’ble Chairperson and Members of State Human Rights Commission are: Justice N.K Jain, Chairperson Members: Justice Jagat Singh Shri D.S.Meena Shri Pukhraj Seervi

4 By: Aarushi Bhargava Birla Institute of Technology & Science Msc. Biology, 2 nd semester

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6  Human trafficking as defined by the UN is, “ the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or service, slavery or practices similar to slavery, servitude or the removal of organs.”

7 India is a source, destination, and transit country for men, women, and children trafficked for the purposes of forced labor and commercial sexual exploitation. Internal forced labor may constitute India’s largest trafficking problem; men, women, and children are held in debt bondage and face forced labor working in brick kilns, rice mills, agriculture, and embroidery factories. While no comprehensive study of forced and bonded labor has been completed, NGOs estimate this problem affects 20 to 65 million Indians.

8 Women and girls are trafficked within the country for the purposes of commercial sexual exploitation and forced marriage especially in those areas where the sex ratio is highly skewed in favor of men. Children are subjected to forced labor as factory workers, domestic servants, beggars, and agriculture workers, and have been used as armed combatants by some terrorist and insurgent groups.

9 India is also a destination for women and girls from Nepal and Bangladesh trafficked for the purpose of commercial sexual exploitation. Nepali children are also trafficked to India for forced labor in circus shows. Indian women are trafficked to the Middle East for commercial sexual exploitation. In some cases, such workers are the victims of fraudulent recruitment practices that lead them directly into situations of forced labor, including debt bondage.

10 In other cases, high debts incurred to pay recruitment fees leave them vulnerable to exploitation by unscrupulous employers in the destination countries, where some are subjected to conditions of involuntary servitude, including non-payment of wages, restrictions on movement, unlawful withholding of passports, and physical or sexual abuse.

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12  India is listed in the Tier II list of the UN which includes countries which have failed to combat human trafficking.  The report also says that the numbers of persons affected could be anywhere between 20 to 65 million. According to some estimates, the estimated annual turnover of human trafficking in India is around 20 billion rupees. What is distressing is that out of the total number of persons affected by human trafficking, as many as 80 per cent are women and 50 per cent are children (all the persons below 18 years of age come in the category of children).

13  The people who recruit or the recruiters are the first in the chain –often called as the “ dalals ” – they may be parents, neighbours, relatives or lovers or people who have been trafficked before. The dalals move to the “potential sites” for victims which mostly are the poverty-stricken areas where there has been no proper rehabilitation and then they haunt the bus stops, railway stations, streets, etc. The period they choose for trafficking depends on if that place has suffered a drought or social or political disasters recently, so that it would be easier to lure in the already suffering victims. The dalals use drugs, abduction, kidnapping, persuasion or deception to bag the targets

14 SURVE Y

15 India is viewed as the fourth most dangerous country in the world for women because of its poor record on human trafficking and the widespread practice of female feticide, according to a poll of 213 people who work in the field of gender rights.

16 The poll, which was conducted by TrustLaw Women, a women’s rights information service from the Thomson Reuters Foundation, asked people in academia, journalism, development and other fields about their perceptions. India was regarded by 13% as one of the most dangerous countries for women on cultural and religious grounds, while 12% picked it as the most dangerous due to human trafficking and 7% of the people polled said India was the most dangerous nation for women on health. About 8% picked India as the country where women were most likely to face nonsexual violence and 4% said it was the most dangerous nation for sexual violence.

17 ARCHIVE S

18  CHILDLINE - Toll Free Call Night & Day [accessed 10 February 2011] CHILDLINE reaches out to all children in need of care and protection such as: street children, child labourers, children who have been abused, child victims of flesh trade, differently-abled children, child addicts, children in conflict with the law, children in institutions, mentally challenged children, HIV/AIDs infected children, children affected by conflict and disaster, child political refugees, children whose families are in crises.

19  Delhi Govt. Started the toll free 'Youth Phone service’ The Government of Delhi running the 'youth' helpline named Yuva Phone line in Delhi. The counsellors are available round the clock on toll free no The helpline is specially for students.

20  Website to track missing children launched Anasuya Menon, The Hindu, Coimbatore, Feb 10, 2007  [accessed 10 February 2011] Parents can post photograph of missing child on the website Anyone who has lost their child can post a message on this website and a search will be set in motion simultaneously in 40 cities in the country. Launched by Don Bosco National Forum for Youth at Risk in association with UNICEF, will be closely watched and monitored by child welfare organisations in all major cities in the country and a search will be generated immediately. The Don Bosco National Forum for Youth at Risk is a major partner of Childline India Foundation and extends service to hundreds of children who are victims of war, conflict, natural calamities, sexual exploitation, trafficking and HIV/AIDS. They also take care of street and working children

21  The Department of Labor’s 2004 Findings on the Worst Forms of Child Labor U.S. Dept of Labor Bureau of International Labor Affairs, 2005  [accessed 10 February 2011] INCIDENCE AND NATURE OF CHILD LABOR - Bonded or forced child labor is a problem and exists in several industries. Recent reports indicate that the practice exists in carpet manufacturing and silk weaving. India is a source, destination, and transit country for trafficking of children for the purposes of commercial sexual exploitation and other forms of exploitive labor. Children are reported to be trafficked from India to the Middle East and Western countries such as the United States and Europe; into India from Bangladesh and Nepal; and through the country to Pakistan and the Middle East. Mumbai, Calcutta and New Delhi are major destination cities for young girls trafficked from Nepal and Bangladesh for the purpose of commercial sexual exploitation. Children are also trafficked within India for sexual exploitation and forced or bonded labor. Organized crime and police corruption were common factors that contributed to the overall situation of trafficking in India. An August 2004 study by the government estimated that almost half of the trafficked children interviewed were between the ages of 11 to 14 years.

22  Concluding Observations of the Committee on the Rights of the Child (CRC) UN Convention on the Rights of the Child, 26 February 2004  www1.umn.edu/humanrts/crc/india2004.html www1.umn.edu/humanrts/crc/india2004.html [accessed 10 February 2011] [74] The Committee welcomes the ratification of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; the adoption of a plan of action to combat trafficking and commercial sexual exploitation of women and children; the initiative to undertake a study, inter alia, to collect data on the number of children and women who become victims of sexual exploitation and trafficking; and the Pilot Projects to Combat Trafficking of Children for Commercial Sexual Exploitation in Destination and Source Areas, but remains concerned that the Immoral Traffic Prevention Act, 1986 does not define trafficking and limits its scope to sexual exploitation. In addition, the Committee expresses its concern at the increasing number of child victims of sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programs for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation.

23  Testimony of Anita Anita Sharma Bhattarai, Polaris Project Action Center -- Special Thanks to: Protection Project  zh-cn.connect.facebook.com/note.php?note_id= zh-cn.connect.facebook.com/note.php?note_id= [accessed 10 February 2011] I felt very scared that evening and I refused to eat anything. I soon noticed that many men were coming in and out of the house and I realized it was a brothel. I began howling and shouting. I said that I wanted to leave. Renu Lama told me that I was ignorant. She said that I did not just come easily and I could not go easily. She said that I had been bought and I would have to work as a prostitute in order to pay them back. On the fourth day that I was in the brothel, my first client came to me. I refused to have sex with him. He had already paid so he grabbed me and tried to rape me. I fought him off. He had managed to get my clothes off but he was very frustrated because I was resisting him so much. He stormed out and asked for his money back. A couple of the brothel owners (voluntary prostitutes) came in and beat me. When they were done, the same man came back in. Some of my associates overheard the owners saying that they were also planning to sell me to a brothel in Sarat because I was too much trouble. I decided that I could not wait until the boy returned from Nepal. I had to try again to run away. I asked some of the other girls to run with me, but they were too afraid. We had been told that we would be killed if we tried to run away. But I had determined that I would rather die than stay in the brothel. The other girls pooled their money together and came up with two hundred rupees. In exchange for the 200 rupees, I promised that if I made it out alive, I would get help for them.

24  Bangla aiding NE human trafficking The Assam Tribune, Guwahati, March 27, 2009  [accessed 10 February 2011] he Director General of Assam Police GM Srivastava today stated that neighbouring countries, especially Bangladesh, continue to fuel the growth of human trafficking cases in the Northeast, particularly Assam. “There have been many instances where we have seen that professional human traffickers from Bangladesh after marrying a girl from a remote area in the State elopes back home and after keeping her in the neighbouring country for some time, finally sells her to brothels in metros of India,” said Srivastava, adding that the number of duped girls, who are being duped by this racket of human traffickers, is increasing in the State. Attributing the rise of human trafficking cases in the region to poverty and the simplicity of the people here, the Assam Police chief stressed on the need for an attitudinal change amongst the people to wipe out the menace from the society.

25 CBI goes after foster parents in child racket K Praveen Kumar, Times News Network (The Times of India) TNN, Chennai, May 14, 2008 timesofindia.indiatimes.com/Chennai/CBI_goes_after__foster_parents_in_ch ild_racket/articleshow/ cms [accessed 10 February 2011] The case had originated on the basis of complaints from parents about missing children. One of them, the child of Kathiravel and Nagamani, pavement-dwellers in Pulianthope, had been allegedly kidnapped and sold to a Dutch couple. Similarly, the four-year-old child of Sylvia, a woman from Otteri, was kidnapped from an auto and sold to a couple in Australia. Another couple from the city had lost their one-and-a-half-year old child, who was traced to the US. The racket was busted in the city in the first week of May 2005 after the Otteri police received specific information about kidnapping of children in and around Otteri. The police team then started investigations and arrested seven people identified as Varadharajan, Sheikh Dawood, Navjeen, Sabeera, Manoharan, Salima and K.T. Dawood. They subsequently traced the racket to an illegal adoption agency, Malaysian Social Service, which had kidnapped street children and sold them to foreigners after forging certificates. The case was subsequently transferred to the Crime Branch. – htsc

26 Prostitution is killing childhood in northeast, says study Maitreyee Boruah, Indo-Asian News Service IANS, Guwahati, May childhood-in-northeast-says-study_ html [accessed 10 February 2011] All is not well with children in India's northeast. A study conducted by a Guwahati-based NGO along with the police has revealed that a shocking 20 percent involved in prostitution in the region are aged between 11 and 17 years. In addition, the report also states that most of the children are victims of acute physical torture. "They are initially raped and flogged almost to death to take up the profession," the report said. Almost half of the child prostitutes were from Assam, followed by Meghalaya, Manipur, Tripura, Nagaland, Mizoram and Arunachal Pradesh, said Sarma. Some of the victims were also sold to brothels in Mumbai, Pune and Ahmedabad. "We have reports that sheikhs from the Middle East are also buying northeastern girls from these brothels. Also, trafficking gangs from Southeast Asian countries are taking a keen interest in the girls because of their Mongoloid features," Sarma said

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28 CBI goes after foster parents in child racket K Praveen Kumar, Times News Network (The Times of India) TNN, Chennai, May 14, 2008 timesofindia.indiatimes.com/Chennai/CBI_goes_after__foster_parents_in_ch ild_racket/art leshow/ cms [accessed 10 February 2011] The case had originated on the basis of complaints from parents about missing children. One of them, the child of Kathiravel and Nagamani, pavement-dwellers in Pulianthope, had been allegedly kidnapped and sold to a Dutch couple. Similarly, the four-year-old child of Sylvia, a woman from Otteri, was kidnapped from an auto and sold to a couple in Australia. Another couple from the city had lost their one-and-a-half-year old child, who was traced to the US. The racket was busted in the city in the first week of May 2005 after the Otteri police received specific information about kidnapping of children in and around Otteri. The police team then started investigations and arrested seven people identified as Varadharajan, Sheikh Dawood, Navjeen, Sabeera, Manoharan, Salima and K.T. Dawood. They subsequently traced the racket to an illegal adoption agency, Malaysian Social Service, which had kidnapped street children and sold them to foreigners after forging certificates. The case was subsequently transferred to the Crime Branch. – htsc

29 Child trafficking could become rampant in state unless tackled urgently, feels activist KanglaOnline, Imphal, Apr 8, Source: 5&typeid=1 [accessed 10 February 2011] Every year thousands are trafficked across India for a variety of reasons including sexual exploitation, bonded labour, organ transplantation, adoption, coerced marriage etc. Women and children are particularly vulnerable to human trafficking and in Manipur child trafficking appears to be a growing epidemic. Though the number of cases are rising, the state government has failed to take any measures Anee Mangsatabam, the chairman of Child Welfare Committee told IFP. Various NGOs and organisations of the state who are working to prevent human trafficking in the state, have said that due to lack of funds and other reasons they were unable to take any action against the traffickers.

30 Assam human trafficking: A startling revelation! Jogesh Doley, merinews.com, Apr 06, startling-revelation/ shtml [accessed 10 February 2011] Every year thousands of tea tribe girls are lured by people and taken to different parts of India, to work as slave and in most of the cases they lands up in brothels. Those who are forced into sex work, or who are vulnerable to sexual exploitation as domestic labourers, are particularly at risk of sexually transmitted infections, including HIV, and unwanted pregnancy. The plight of the women from this community has remained unheard and unattended, since ages and they are have no other options but to migrate and to follow the people who lure them and assure them good jobs out side the state. - htcp

31 Punjab girls' NRI dream turns nightmare Vikram Chowdhary, NDTV, Chandigarh, March 26, &ch=3/26/2008%202:56:00%20PM [accessed 10 February 2011] Every year thousands of Punjabis fly to foreign lands for employment and better future. But for some, this dream turns sour as they are cheated by travel agents and given false assurances. It was the last thing her father, Gurdev Singh, expected to hear. He had sold land and took loans to pay Rs eight lakh to a travel agent for her job in London. But she ended up in Ukraine where she was forced into prostitution. "We ran away and sought help from a lady in Ukraine and narrated my entire story and told her that my travel agent took away my passport and travel documents. With her help, I was able to contact my family," added Manjit Kaur.

32 The scourge of human trafficking in India Sandhya Nigam, merinews.com, Mar 17, trafficking-in-india/ shtml [accessed 10 February 2011] When Mona was 13 years, her mother died and her father remarried. The stepmother was uncomfortable with Mona and wanted to send her away for some job, where she would be able to look after herself. Along came a ”contractor” who arranged jobs for youngsters as domestic help, etc. He paid a certain sum of money to the stepmother and took Mona to a town far away. He got her a job in a massage parlour as a ‘receptionist’. Even before Mona got to know the work profile, she realized that she had been trapped into sexual exploitation. She had become a sexual slave to the ‘customers’ who frequented the place for full- body massage.

33 'Dr Kidney' arrest exposes Indian organ traffic Sandhya Srinivasan, Inter Press Service News Agency IPS, Mumbai, Feb 22, [accessed 10 February 2011] The arrest of "Doctor Kidney" Amit Kumar for running a sizeable racket in live kidneys has highlighted the role that South Asia plays as the hub of an international trade in human organs. A sophisticated but unregulated healthcare industry, a "donor pool" of desperately poor people ready to sell a kidney, and a corrupt monitoring system have combined to create a special brand of "medical tourism" in the region, especially in India and neighboring Pakistan. Kumar is accused of luring poor laborers to his "hospital" in the New Delhi suburb of Gurgaon with promises of job offers or large sums of money. Typically, they were promised 300,000 rupees (US$7,500) but paid only 30,000 ($750) after the surgery, police said. He is alleged to have conducted more than 500 transplants over an unspecified period, charging up to $50,000 dollars for each operation. Investigators say his patients came from Britain, the United States, Turkey, Nepal, Dubai, Syria and Saudi Arabia.

34 Four child labourers freed Times News Network (The Times of India) TNN, Nagpur, Feb 19, 2008 timesofindia.indiatimes.com/Nagpur/Four_child_labourers_fr eed/articleshow/ cms [accessed 10 February 2011] Saddam said, "Our parents face severe hardships in making both ends meet due to abject poverty. Sagir took advantage of this and one day he came to our house and offered to 'help' the family by ensuring education for us. Gaining our parents' confidence and consent, Sagir brought us to Nagpur." He added, "When we arrived in the city, Sagir took us to his zari embroidery unit in Farooq Nagar, near Teka Naka. He forced us to work in the embroidery unit. We used to work right from 8 am to 2 am, and he (Sagir) used to pay us a very meagre Rs 15 to Rs 20 per week."

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36 West Bengals sex workers remarkable fight against HIV Soma Mitra, ANI-News, Kolkata, Dec 30, sex-workers-remarkable-fight-against-hiv_ html [accessed 10 February 2011] To stop human trafficking in sex trade, a self-regulatory board has been established by the sex workers. The board works as a filter and it checks whether the new girl joining the trade is an adult or a minor. This board also tries to find out if any new girl joining the profession is under any pressure to do so. This has been very successful way to check human trafficking, police raids have also reduced considerably, said Swapna Gayen, who too is a sex worker in Sonagachi for over two decades.

37 Trading flesh, selling souls Deccan Herald, December 8, At one time this article had been archived and may possibly still be accessible [here]here According to the United Nations Office on Drugs and Crime (UNODC), between two to three million people are trafficked annually in and out of India. Most disturbingly, a large number of people, especially girls and women, from states such as Andhra Pradesh, Bihar, Uttar Pradesh, West Bengal, Orissa and the north- eastern region, are trafficked to the metros such as Delhi and Mumbai. People from these states are trafficked to work in brothels, dance bars, pubs, restaurants, friendship clubs, massage parlours and for domestic chores, says Dr P M Nair, a senior police official and co- author of the National Human Rights Commission (NHRC) study entitled 'Trafficking in Women and Children in India'.

38 Human trafficking burst in Chhattisgarh, 400 villagers rescued Press Trust of India PTI, Nov 16, burst-in-chhattisgarh-400-villagers-rescued_ [accessed 10 February 2011] Over 400 villagers from Mahasamund district have been rescued by the Chhattisgarh government officials when they were being transported outside the state, a senior official said on Friday. "All the villagers were put inside the containers which did not have have sufficient ventilation or light and were being transported like animals," she said.

39 Sarpanch held for human trafficking [PDF] Express News Service India, 6 Oct [accessed 11 February 2011] [page 8] On a tipoff, Patnagarh police, led by DSP (crime) N C Dandsena, rescued the 40 labourers when they were being taken to a nearby railway station to work in a brick kiln unit. Police said the Sarpanch had given some money to the labourers in advance and forced them to go to Hyderabad. They were to work in the brick kiln for five months.

40 PROTECTION

41 India’s efforts to protect victims of trafficking varies from state to state, but remains inadequate in many places.Victims of bonded labor are entitled to 10,000 rupees ($225) from the central government for rehabilitation, but this program is unevenly executed across the country. Governmant authorities do not proactively identify and rescue bonded laborers, so few victims receive this assistance. Although children trafficked for forced labor may be housed in government shelters and are entitled to 20,000 rupees ($450), the quality of many of these homes remains poor and the disbursement of rehabilitation funds is sporadic. Some states provide services to victims of bonded labor, but Non Governmental Organisatins provide the majority of protection services to these victims. The central government does not provide protection services to Indian victims trafficked abroad for forced labor or commercial sexual exploitation. Indian diplomatic missions in destination countries may offer temporary shelter to nationals who have been trafficked; once repatriated, however, neither the central government nor most state governments offer any medical, psychological, legal, or reintegration assistance for these victims.

42 Section 8 of the ITPA permits the arrest of women in prostitution. Although statistics on arrests under Section 8 are not kept, the government and some NGOs report that, through sensitization and training, police officers no longer use this provision of the law; it is unclear whether arrests of women in prostitution under Section 8 have actually decreased. Because most law enforcement authorities lack formal procedures to identify trafficking victims among women arrested for prostitution; some victims may be arrested and punished for acts committed as a result of being trafficked. Some foreign victims trafficked to India are not subject to removal. Those who are subject to removal are not offered legal alternatives to removal to countries in which they may face hardship or retribution. NGOs report that some Bangladeshi victims of commercial sexual exploitation are pushed back across the border without protection services. The government also does not repatriate Nepali victims; NGOs primarily perform this function. Many victims decline to testify against their traffickers due to the length of proceedings and fear of retribution by traffickers. The central government continued to give grants to NGOs for the provision of services to sex trafficking victims with funding available through its Swadhar Scheme and the recently developed Ujjawala Scheme.

43 Ministry of Labor and Employment displays full-page advertisements against child labor in national newspapers at periodic intervals. The government has also instituted pre-departure information sessions for domestic workers migrating abroad on the risks of exploitation. Most of the Indian workers pay huge sums of money to agents who facilitate their emigration outside the official channels and willingly emigrate despite being aware of the conditions prevailing in those destinations. This is because of the fact that most of the destinations abroad pay better sums of money. Therefore, a dream of better future ahead often lures the people abroad and hence trafficking cannot entirely be prevented. India has not ratified the 2000 UN TIP Protocol.

44  Google  Wikipedia  Unicef  Books of RSHRC

45 It gives me great pleasure to express my gratitude to all concerned in helping me complete my project. I am very thankful to Rajasthan State Human Rights Commission for giving me a chance to do the internship here.

46 thank you


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