1. ANTI HUMAN TRAFFICKING - LEGAL REMEDIES
TEAM PRESENTATION ON
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: ;
IGP, CID 1

2. in collaboration with UNODC
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3. Let us synergize - To bring the traffickers to justice
We must work together - To prevent W&C from being Trafficked
and Rescue the victims (VOCSET)
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4. THREE ELEMENTS OF TRAFFICKING
PROCESS
MEANS
END
Recruiting OR
Harboring
Moving
Obtaining
Maintaining
A Person
By Force
Fraud
Coercion
For Involuntary Servitude
Debt Bondage
Slavery
Sex Trade
Source: Adapted from the Freedom Network Institute on Human Trafficking
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5. ANTI HUMAN TRAFFICKING - LEGAL REMEDIES
EXISTING LAW
PROPOSED LAW
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6. 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

7. Characteristics of Trafficking
Deceit
Violence
Threat
Deprivation of freedom
of movement
Confiscation of
identity papers
Travel documents
Debt bondage
T.I.P
Force
IGP, CID

8. 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

9. 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

10. 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

11. 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

12. Making use of Cr.P.C. / IPC Provisions.
Witness/ victim protection system Sec. 195 (A) IPC (threatening or inducing any person to give false evidence) punishment up to 7 years. Threatening means :
Injury to the person.
Reputation.
Loss of property of such witness and such person in whom such witness is interested.
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.
Sec 164 A Cr.P.C. medical examination of victim of rape.
IGP, CID

13. 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

14. Amendment to concurrent list
Inclusion of Anti Human Trafficking in the concurrent list i.e. list III of 7th 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

15. 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

16. Amendment to PMLA-2002
Prevention of Money Laundering Act Schedule of offences under ITP Act 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

17. Amendment to PMLA-2002- 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

18. Three key characteristics of trafficking
T.I.P
Violence
Loss of free will
Exploitation
IGP, CID

19. The Enemy (Commodification)
Poverty/
Vulnerability
Illiteracy/
Option less
Indifference by Police, Society, PRIs
T.I.P
IGP, CID

20. The Problem
T.I.P
Supply
Demand
Distribution
IGP, CID

21. The Strategy (three P’s)
Protection
Prevention
Prosecution
T.I.P.
IGP, CID

22. The Strategy (Three R’s)
Rescue
Rehabilitation
Reintegration
T.I.P
IGP, CID

23. Strategy for stake holders intervention
Source
Transit
Destination
T.I.P.
IGP, CID

24. 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

25. 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

26. 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

27. From WE ARE PROGRESSING Talkers to Doers Doers to Performers
Performers to Achievers
Achievers to Trend Setters
Trend setters to Reformers
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28. Pursuing persistently
We, in AP Police..
Planned purposefully
Prepared prayerfully
Proceeded positively
Pursuing persistently
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29. Let us be a synergic team..
To come together is a beginning
To stay together is progress
To finish together is success.
IGP, CID

30. THANKS FOR YOU KIND ATTENTION
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31. Thank You for your kind attention
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