Presentation on theme: "IGP, CID ANTI HUMAN TRAFFICKING - LEGAL REMEDIES By S. UMAPATHI., IPS, Inspr. Genl. of Police CID, AP., Hyderabad and AP State Addl. Anti Trafficking Nodal."— Presentation transcript:
IGP, CID ANTI HUMAN TRAFFICKING - LEGAL REMEDIES By S. UMAPATHI., IPS, Inspr. Genl. of Police CID, AP., Hyderabad and AP State Addl. Anti Trafficking Nodal Officer. Cell: ; TEAM PRESENTATION ON 1
Recruiting OR Harboring OR Moving OR Obtaining OR Maintaining A Person Recruiting OR Harboring OR Moving OR Obtaining OR Maintaining A Person By Force OR Fraud OR Coercion By Force OR Fraud OR Coercion For Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade For Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade Source: Adapted from the Freedom Network Institute on Human Trafficking
IGP, CID ANTI HUMAN TRAFFICKING - LEGAL REMEDIES EXISTING LAW PROPOSED LAW
IGP, CID Existing Law By using provisions of existing law in first four months of this year we in AP have Registered 243 cases Rescued 441 victims (87 minors) Arrested 604 traffickers Arrested 113 customers
IGP, CID Characteristics of Trafficking Deceit Violence Threat Deprivation of freedom of movement Confiscation of identity papers Confiscation of Travel documents Debt bondage T.I.P Force
IGP, CID Breaking Traffickers’ Networks Rescued victim Counselling 164 Cr.P.C. statement Before court Filing addl. Memo of accused in court Obtain NBWs More Traffickers Arrest Traffickers De-traumatisation / Interview T.I.P More rescues Interrogate
IGP, CID Making use of IPC provisions Sec. 366(A) (Procreation of minor girl). Sec. 372 Selling minor for prostitution. Sec. 373 Baying minor for prostitution. Sec. 366 (B) Importation of minor girl from abroad. Sec. 376 (2) (G) Committing gang rape All offences are non-bailable, triable by sessions court and punishment up to 10 years
IGP, CID Making use of ITP Act Arresting customer u/s 7 (1) Punishment upto 3 months if victim is a major. Punishment upto 7 years if victim is minor. Sec. 13 (1): Inspectors of Police have already been designated as Spl. Police Officers in AP and they can take help of SIs, HCs or Police Constables. (G.O.Rt. No. 475 of Home dt: of AP.
IGP, CID Making use of ITP Act Sec. 18: To close the brothel / lodges or hotels indulging in prostitution. 2 lodges in Guntur have been closed u/s 18(3) of ITP Act on (result of UNODC training & directions from State Nodel Officer) 3 brothels closed in Rajahmundry (East Godavari) in Jan.2007.
IGP, CID Making use of Cr.P.C. / IPC Provisions. 1.Witness/ victim protection system Sec. 195 (A) IPC (threatening or inducing any person to give false evidence) punishment up to 7 years. Threatening means : 1.Injury to the person. 2.Reputation. 3.Loss of property of such witness and such person in whom such witness is interested. 2.Sec. 437 (3) Cr.P.C. amendment 2005: Directions to the accused not to commit similar offence and not to make any inducement, threat or promise to any witness. 3.Sec 164 A Cr.P.C. medical examination of victim of rape.
IGP, CID Proposed amendments to Law To make Sec. 3 (keeping a brothel), Sec. 4 living on earnings of prostitution, Sec. 5 procuring person for prostitution. Sec. 6 : detaining person in prostitution premises. Sec. 7 : prostitution in vicinity of public places. To be made non-bailable and triable by Asst. Sessions Judge (in case of a child or minor). Sec.12 : all Sub-Inspectors of Police of police stations to be made spl. Police officers. Sec. 21 : protective homes to have rehabilitation package.
IGP, CID Amendment to concurrent list Inclusion of Anti Human Trafficking in the concurrent list i.e. list III of 7 th Schedule of Constitution. Various directions / letters of Govt. of India or advisory as on date and not mandatory. Preventive detention is already in the concurrent list. Trafficking being organized crime third biggest in the world deserves to be in the concurrent list.
IGP, CID Sri Lankan Penal Code Amendments-2005 Sri Lanka defined trafficking in Penal Code. They made punishments for persons providing services by computer to prevent sexual abuse of a child. Internet café owner should preclude child pornographic sites. Duty of people to inform authorities about use of premises for child abuse. Debt bondage, serfdom, forced or compulsory labour, slavery are included in Penal Code. We may think of such amendments.
IGP, CID Amendment to PMLA-2002 Prevention of Money Laundering Act Schedule of offences under ITP Act 1956 do not contain Sec. 3,4 & 7 Minimum criminal proceeds quantum to be reduced from Rs. 30 lacs to Rs. 10 Lacs. Govt. of India make take it up with the concerned. So that, assets (criminal proceeds – tainted property) can be attached by the enforcement directorate.
IGP, CID Amendment to PMLA contd… Those who cheat gullible /innocent / option less women to go to Gulf etc are not punished under PMLA for want of inclusion of Sections: 420 (cheating), 468 (forgery for purpose of cheating), 471 (using a forged document as guanine), 472 (making a counterfeit seal) IPC in the schedule of PMLA.
IGP, CID Three key characteristics of trafficking T.I.P ViolenceLoss of free will Exploitation
IGP, CID The Enemy (Commodification) Poverty/ Vulnerability Illiteracy/ Option less Indifference by Police, Society, PRIs T.I.P
IGP, CID The Problem T.I.P Supply Demand Distribution
IGP, CID Basic concepts Victim is treated as a VOCSET (Victim of Commercial Sexual Exploitation & Trafficking). Trafficking is a continuing offence. If a victim is rescued at the age of 20 years and in her statement if she mentions that she was trafficked when she was 17 + all IPC sections like 166 (A), 172, 173 IPC. IPC sections enable the I.O to lay charge sheet quickly and obtain trial dates, finish the trial quickly. Victim/ witnesses need protection and support.
IGP, CID Non financial issues: Giving rewards/ medals to the officers, NGOs doing sustained Anti Human Trafficking work during Independence Day / Republic Day / Anti Human Trafficking Day. Visual and print media of Govt to include Anti Human Trafficking issues regularly – Dos and Don’ts. Panchayat Raj institutions should be empowered by local GOs to tackle AHT work – preventive role.
IGP, CID ITP Act cases for the first quarter of the year 2007 (Jan to march 2007) with corresponding period of previous year (impact of UNODC interface in proactive policing in anti human trafficking)
IGP, CID WE ARE PROGRESSING WE ARE PROGRESSING From From Talkers to Doers Doers to Performers Performers to Achievers Achieversto Trend Setters Trend setters to Reformers
IGP, CID Planned purposefully Prepared prayerfully Proceeded positively Pursuing persistently We, in AP Police..
IGP, CID To come together is a beginning To stay together is progress To finish together is success. Let us be a synergic team..