Definition of Trafficking “Trafficking in persons” shall mean 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 services, slavery or practices similar to slavery, servitude or the removal of organs; The consent of a victim of trafficking in persons shall be irrelevant where any of the means above have been used; The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth above.
Elements of Human Trafficking
Forms of Trafficking
Most sinister part of trafficking Purpose - mostly CSE Jharkhand Tribal girls exploited for domestic labour in big cities Delhi itself has almost 300 so called agencies for such recruitments Conservative estimates - 3 lakh girls/women as domestic labour/maids in Delhi/NCR
Many teenaged girls employed as domestic labour/ maids- subjected to sexual harassment/ exploitation. Cases mostly unreported/unregistered Most of the cases reported registered only after a media outcry or intervention of social workers/ NGOs. Few instances of law enforcement/govt agencies suo-moto registering complaints.
JHARKHAND – Major Source State
10 PROBLEMS Rescue, Rehabilitation & Reintegration of Trafficked Girls/Women
Pannalal Arrested from Delhi for running Human Trafficking racket in/from Jharkhand Symptomatic of the problem in Jharkhand Owns multiple agencies Has recruited thousands of girls over the years Is upwardly mobile- in touch with politicians, corporators etc Pointer to an Eco-system of trafficking where legitimate and illegitimate merge almost imperceptibly Many such ‘Pannalals’ operating across Jharkhand – only scales of operations vary
Poor children including hundreds of girls (some even 5 years old) moved from Godda district in Jharkhand to Kerala orphanages ostensibly for better education In the same district already more than 50 madarsas exist for minority children Children transferred after creating false documents- birth and so called destitution certificates Aadhar card created at Kerala No guarantee of their ultimate fate
Lessons Learnt PreventionReintegration and Protection from Re-victimization Source Demand Rescue
Supply Factors Abject poverty Social Mores - Child marriage, Single/widowed, and abandoned women not accepted in rural communities Female illiteracy and lack of access to education by girls Male unemployment and loss of family income puts pressure on women to earn Natural and manmade calamities and poor rehabilitation puts pressure on women and children to earn Dysfunctional families that have difficulty functioning and communicating, especially on emotive issues Desertion by one or the other parent, uncared/abandoned kids. Traditional practices give social legitimacy to trafficking. These include the Devadasi and Jogin traditions and traditional prostitution in some communities.
Demand Factors Nuclear Families - lowering of family support – live in maids. Increased Urbanization plus increasingly both spouses working. Declining sex ratio – demand for wives in NW States “Paros” Rising male migration to urban areas and demand for commercial sex. Growth of tourism, which indirectly encourages sex tourism.
PREVENTION PREVENTION PREVENTION PREVENTION Social welfare Social welfare Coordination Awareness Coordination Awareness Labour Dept. Labour Dept. Regulation Registration Regulation Registration Education Dept. Education Dept. Enrollment Enrollment Rural Dev. Dept. Rural Dev. Dept. Employment Skilling Schemes Employment Skilling Schemes Awareness Media Plays etc Awareness Media Plays etc Information & Broadcasting (PRD) Information & Broadcasting (PRD) NGOs & CIVIL SOCIETY GROUPS NGOs & CIVIL SOCIETY GROUPS
RESCUE RESCUE RESCUE RESCUE Nodal officer for each dept. Police Police Rescuing immediately Speedy investigation Protect from Prosecution Rescuing immediately Speedy investigation Protect from Prosecution Prosecution Prosecution Legal help Legal help Social welfare Social welfare Coordination Financial aspect Transit homes/Shelter homes Coordination Financial aspect Transit homes/Shelter homes Counselling Liaision Counselling Liaision NGO’s NGO’s Health Dept. Health Dept. Treatment Counselling Treatment Counselling
REHABILITATION REHABILITATION REHABILITATION REHABILITATION Education Dept. Education Dept. Enrollment Enrollment Social Welfare Social Welfare Shelter homes Scholarships Rehabilitation package Shelter homes Scholarships Rehabilitation package Labour & Training dept. Labour & Training dept. Employment Vocational Training Employment Vocational Training Reintegration Social Ostracisation Reintegration Social Ostracisation NGO’s NGO’s REINTEGRATION REINTEGRATION REINTEGRATION REINTEGRATION
CONVERGENCE OF STAKEHOLDERS ESSENTIAL NGOs SOCIAL WELFARE POLICE SHELTER HOMES LABOUR DEPT EDUCATION RURAL DEVT. PROSECUTORS INFORMATION & BROADCASTING
Institutional Initiatives AHTUs - 8 Anti - Human Trafficking Units set up in vulnerable Districts Training & Sensitization – Sustained Multi-stakeholder training Helpline nos. – Resource Centre Helpline, Child protection Helpline numbers widely advertised Safe migration – Labour Deptt. registrations Awareness Generation – Campaign across the State Mahila Vikas Bal Panel of Counselors SOPs for all Deptts - Implemented on ground State Resource Centre – Representation of all Deptts Resource Centre in Delhi – Coordinate in Delhi/NCR State Executive Committee- Involvement of all stakeholders under leadership of Chief Secretary. 21