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Exploring the status of law enforcement in child trafficking an empirical study of noida

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This document summarizes an empirical study on the status of law enforcement in child trafficking in NOIDA, India. It finds that child trafficking is prevalent due to factors like poverty, gender discrimination, and lack of social security. The legal framework has gaps in defining trafficking and handling missing children cases. Law enforcement agencies like Anti-Human Trafficking Units (AHTUs) are under-resourced, under-trained, and distracted by other duties. As a result, few trafficking cases are registered. The study recommends strengthening laws and AHTUs, improving prevention, and developing coordinated rehabilitation and data networks to better address child trafficking in NOIDA.

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Exploring the Status of Law Enforcement in Child Trafficking: An Empirical Study of NOIDA Presented by Dr. G. K. Goswami Roll No. 35/2011/LLM- I (Eve) INDIAN LAW INSTITUTE
Drugs and weapons can only be sold one time; women and children can be sold every day, over and over
CHILD TRAFFICKINGCHILD TRAFFICKING INDIAN LAW INSTITUTE Definition keeping a child away from natural environment for the purpose of exploitation mentally, physically, sexually etc. UNODC Defines TIP- The re cruitm e nt, transpo rtatio n, transfe r, harbo uring o r re ce ipt o f pe rso ns, by m e ans o f thre at o r use o f fo rce o r o the r fo rm s o f co e rcio n, o f abductio n, o f fraud, o f de ce ptio n, o f the abuse o f po we r o r o f a po sitio n o f vulne rability o r o f the g iving o r re ce iving o f paym e nts o r be ne fits to achie ve the co nse nt o f a pe rso n having co ntro l o ve r ano the r pe rso n, fo r the purpo se o f e xplo itatio n.
Issues of conceptual clarity INDIAN LAW INSTITUTE Lack of conceptual clarity and consensus on what precisely constitutes trafficking Issue of cultural relativism The multiplicity of attributes and variables involved in the trafficking process and the different perspectives on the subject Statistics No consensus on statistics both globally & in India no firm quantitative statistics available on child trafficking in India. UNICEF claimed two million people become victim of TIP each year, of which 1.2 million are children. NGOs estimations for child labour ranges between 29 million to 65 million as per year in India
Causative Factors of Trafficking in Person (TIP) The Seven Deadly Sins responsible for TIP are Rampant Poverty Violence against women and children Concealment of incest and rape Discrimination and devaluation of women and children Ignorance (hope for a better life) Greed Lack of social security during- Political instability Armed conflict Orphans/child-headed households HIV/AIDS Natural disasters like Tsunami/Katrina
STRATEGIES TO COMBAT TIP Global Approach to combat Child Trafficking: Prevention Protection Prosecution Developmental Approach: Focusing on Prevention Community Policing Approach: Partnership in decision making core of democracy Gandhian philosophy of justice Top-down approach PR System Participation INDIAN LAW INSTITUTE
INDIAN LAW INSTITUTE Initiatives by Government of India Thrust Areas: Prioritization of combating human trafficking Strengthening legislation Better law enforcement response Training and capacity building Setting-up specialized Anti Human Trafficking Units Action Taken- in 2007 Nodal Cell in Ministry of Home Affair Anti - Human Trafficking Unit (AHTU)
Objectives To explore existing legal gaps in defining child trafficking and missing children. To identify the status of statistics projected and the ground reality in TIP and the causative factors for such variations, if any. To understand the status, trends and patterns of child trafficking in NOIDA. To find out the level of awareness about their legal rights among the victims and their experience with the law enforcement agencies. To ascertain whether child trafficking is a gender biased issue. If so, then causative factors. INDIAN LAW INSTITUTE
Objectives contd To explore the level of professional approach and capacity building, priority for their other duties etc of law enforcement agencies. Status of working of AHTU in NOIDA and response of peer police personnel to be associated with AHTU. To know the constraints in law enforcement at the level of registration, investigation, prosecution and rehabilitation. To ascertain the mysterious linkages between child trafficking and missing children, if any. INDIAN LAW INSTITUTE
Hypothesis The legal framework for law enforcement against child trafficking provisions is colossal but carries legal gaps. There exists a wide gap in acknowledging the problem- lack of registration of cases and problem at ground reality and confusion due to legal remedy for investigating missing person cases. The law enforcement agencies status: - ill equipped, non-professionalism, suffer with crime statistics management reflected in non registration of cases - low morale, lack of training, frequent transfers In-adequate rescue and rehabilitation mechanism INDIAN LAW INSTITUTE
METHODOLOGY NOIDA is a satellite town of NCR, possess tendencies and life style of Metropolitan city. As per 2011 census its population was 6,42,381 and over 1 lac floating population every day. Why NOIDA for study: - In 2006, NOIDA was in lime light for Nithari Case. - Researcher himself a police officer from UP Cadre. - NOIDA has the problem of TIP in various forms. Time Frame: Since 2000 when JJ Act came into being. Methods of Data Collection: - Primary data- Interviews, questionnaire - Secondary data- NCRB, DCRB, internet U T T A R P R A D E S H P O L I C E
Research Questions Legal gaps in defining the child trafficking and missing children. Causative factors for TIP Status of law enforcement in terms of their professionalism, sensitivity, training, morale components. Gap analysis in reporting the cases and actual scenario, status of investigation, prosecution, trial and rehabilitation. Role of NGOs and their view point toward the issue. In-adequate rescue and rehabilitation mechanism INDIAN LAW INSTITUTE
DATA ANALYSIS Nature of Problem in NOIDA: - Poverty is the mother of all kind of exploitations - Jharkahand, Orissa, Bihar, Eastern Uttar Pradesh, Assam etc. - Role of Placement Agencies (PA). - Children working as domestic help, Pushcart (Thella), business centres, organized begging, rag picking, petty offences etc. - No case reported for sexual abuse Gender Issues: - The girl child are more vulnerable in terms of missing children demand in domestic help INDIAN LAW INSTITUTE
Missing Children Nexus No proper procedure of reporting of missing children. Only entry in G.D. at Police Station, No FIR No proper data available Bachpan Bachao Andolan Report 2012 observation: - average number of 150 reported missing children per district annually - average number of 54 untraced children per district - If applied in 392 districts amounts to 34,500 Nithari case in NOIDA was turning point and SC issued directions. SupremeCourt Guidelines: Hori Lal vs. Commissioner of Police & oths (2002) SC Lalita Kumari vs. State of U.P. & Ors. (2008) SC INDIAN LAW INSTITUTE
ANALYSIS U T T A R P R A D E S H P O L I C E Figure-1: Gender comparison of Missing Children in NOIDA
ANALYSIS U T T A R P R A D E S H P O L I C E Figure-2: Comparing age profile of missing boy and girl children
Status of AHTU GoI scheme, came into existence in NOIDA on 23 March 2011 ever since only 03 cases got registered 01 Inspector, 02 SI, 02 HC and 04 Constables Issues : - Tenure of posting vary from 10 days to average 4 months. - No training in the foundation course. - Lack of motivation - less experience in dealing child issues. - Used in regular duties of L/O, VIP security etc. - In peer group posting in AHTU low rating - Tendency not to register cases to keep crime stat under control No mechanism for evaluationINDIAN LAW INSTITUTE
ANALYSIS U T T A R P R A D E S H P O L I C E * Date of establishment of AHTU in NOIDA Figure-3: Tenure of Posting in AHTU, NOIDA
ANALYSIS U T T A R P R A D E S H P O L I C E Figure-4: Experience of Investigation of TIP cases at different ranks at AHTU (in terms of cases investigated)
FINDINGS Legal gap analysis: - concept of TIP is highly complex and affected by cultural relativism. - The concept and definition of missing children need to be elaborate in Indian Jurisprudence and accordingly law have to be formulated. Cause effect Analysis: Multi factorial - poverty - ignorance Enforcement agencies: - AHTU, prosecution, rehabilitation have mal-functioning - Lack of performance evaluation mechanism - The rescue and rehabilitation are inadequate - No mechanism for coordination with NGO etc. Lack of holistic approach INDIAN LAW INSTITUTE
RECOMMENDATIONS Prevention: - Emphasis on equitable justice - Integration the Panchayat Raj System - Participation in decision making - Various welfare schemes - Create Awareness Campaigns - Vulnerability Mapping of TIP and child labour at national, state, districts levels Bridge legal gaps: - design definition of TIP and missing person in Indian context - incorporate missing persons into cognizable offence. - linking missing child and child in confrontation with law for purpose of investigation. - Integrated Approach INDIAN LAW INSTITUTE
RECOMMENDATIONS contd. Strengthening AHTU: - Posting based on deputation with fixed term tenure - Emphasis on capacity building to improve morale, sensitivity etc. - Strengthening unit by qualitative man and material - Dedicated team- No other duties - Regular interaction with various stakeholders. - Handling cases of missing children and trafficked children by AHTU - liaison at Railway Stations and bus stands in search of victims - strengthening collection and collation of intelligence inputs of TIP - rewarding good work Prosecution: - The statement of rescued victims under section 164 Cr.P.C. must be recorded in time - Timely production of witnesses in the court INDIAN LAW INSTITUTE
RECOMMENDATIONS contd. Rehabilitation: - Expending social security network in terms of quality and quantity of Protection Homes. - separate compartment for victim children and the children in confrontation with the - Need to facilitate more public spirited partnership in rehabilitation and rescue of the children. Develop Appraisal Mechanism for the Status of TIP: - Status Evaluation & Performance Audit Committee headed by the District Judge and members like DM, SP, Labour dept. and other stakeholders. - Its report must be enforced properly. INDIAN LAW INSTITUTE
RECOMMENDATIONS contd. Develop legal mechanism to get domestic help Networking of information: - Integrated Approach for networking of Database at National, State, District and Tehsil level. - Regular updating of the data - The Delhi Police model of ZIP Net have already initiated. - Public excess to the site to provide inputs. Tracing cross linkages with other trafficking: - The data base should be compatible to search culprits and victims from other trafficking like drug, weapons, wildlife, terrorism etc. Develop Mechanism to identify black sheep in the System INDIAN LAW INSTITUTE
INDIAN LAW INSTITUTE
U T T A R P R A D E S H P O L I C E

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Exploring the status of law enforcement in child trafficking an empirical study of noida

  • 1. Exploring the Status of Law Enforcement in Child Trafficking: An Empirical Study of NOIDA Presented by Dr. G. K. Goswami Roll No. 35/2011/LLM- I (Eve) INDIAN LAW INSTITUTE
  • 2. Drugs and weapons can only be sold one time; women and children can be sold every day, over and over
  • 3. CHILD TRAFFICKINGCHILD TRAFFICKING INDIAN LAW INSTITUTE Definition keeping a child away from natural environment for the purpose of exploitation mentally, physically, sexually etc. UNODC Defines TIP- The re cruitm e nt, transpo rtatio n, transfe r, harbo uring o r re ce ipt o f pe rso ns, by m e ans o f thre at o r use o f fo rce o r o the r fo rm s o f co e rcio n, o f abductio n, o f fraud, o f de ce ptio n, o f the abuse o f po we r o r o f a po sitio n o f vulne rability o r o f the g iving o r re ce iving o f paym e nts o r be ne fits to achie ve the co nse nt o f a pe rso n having co ntro l o ve r ano the r pe rso n, fo r the purpo se o f e xplo itatio n.
  • 4. Issues of conceptual clarity INDIAN LAW INSTITUTE Lack of conceptual clarity and consensus on what precisely constitutes trafficking Issue of cultural relativism The multiplicity of attributes and variables involved in the trafficking process and the different perspectives on the subject Statistics No consensus on statistics both globally & in India no firm quantitative statistics available on child trafficking in India. UNICEF claimed two million people become victim of TIP each year, of which 1.2 million are children. NGOs estimations for child labour ranges between 29 million to 65 million as per year in India
  • 5. Causative Factors of Trafficking in Person (TIP) The Seven Deadly Sins responsible for TIP are Rampant Poverty Violence against women and children Concealment of incest and rape Discrimination and devaluation of women and children Ignorance (hope for a better life) Greed Lack of social security during- Political instability Armed conflict Orphans/child-headed households HIV/AIDS Natural disasters like Tsunami/Katrina
  • 6. STRATEGIES TO COMBAT TIP Global Approach to combat Child Trafficking: Prevention Protection Prosecution Developmental Approach: Focusing on Prevention Community Policing Approach: Partnership in decision making core of democracy Gandhian philosophy of justice Top-down approach PR System Participation INDIAN LAW INSTITUTE
  • 7. INDIAN LAW INSTITUTE Initiatives by Government of India Thrust Areas: Prioritization of combating human trafficking Strengthening legislation Better law enforcement response Training and capacity building Setting-up specialized Anti Human Trafficking Units Action Taken- in 2007 Nodal Cell in Ministry of Home Affair Anti - Human Trafficking Unit (AHTU)
  • 8. Objectives To explore existing legal gaps in defining child trafficking and missing children. To identify the status of statistics projected and the ground reality in TIP and the causative factors for such variations, if any. To understand the status, trends and patterns of child trafficking in NOIDA. To find out the level of awareness about their legal rights among the victims and their experience with the law enforcement agencies. To ascertain whether child trafficking is a gender biased issue. If so, then causative factors. INDIAN LAW INSTITUTE
  • 9. Objectives contd To explore the level of professional approach and capacity building, priority for their other duties etc of law enforcement agencies. Status of working of AHTU in NOIDA and response of peer police personnel to be associated with AHTU. To know the constraints in law enforcement at the level of registration, investigation, prosecution and rehabilitation. To ascertain the mysterious linkages between child trafficking and missing children, if any. INDIAN LAW INSTITUTE
  • 10. Hypothesis The legal framework for law enforcement against child trafficking provisions is colossal but carries legal gaps. There exists a wide gap in acknowledging the problem- lack of registration of cases and problem at ground reality and confusion due to legal remedy for investigating missing person cases. The law enforcement agencies status: - ill equipped, non-professionalism, suffer with crime statistics management reflected in non registration of cases - low morale, lack of training, frequent transfers In-adequate rescue and rehabilitation mechanism INDIAN LAW INSTITUTE
  • 11. METHODOLOGY NOIDA is a satellite town of NCR, possess tendencies and life style of Metropolitan city. As per 2011 census its population was 6,42,381 and over 1 lac floating population every day. Why NOIDA for study: - In 2006, NOIDA was in lime light for Nithari Case. - Researcher himself a police officer from UP Cadre. - NOIDA has the problem of TIP in various forms. Time Frame: Since 2000 when JJ Act came into being. Methods of Data Collection: - Primary data- Interviews, questionnaire - Secondary data- NCRB, DCRB, internet U T T A R P R A D E S H P O L I C E
  • 12. Research Questions Legal gaps in defining the child trafficking and missing children. Causative factors for TIP Status of law enforcement in terms of their professionalism, sensitivity, training, morale components. Gap analysis in reporting the cases and actual scenario, status of investigation, prosecution, trial and rehabilitation. Role of NGOs and their view point toward the issue. In-adequate rescue and rehabilitation mechanism INDIAN LAW INSTITUTE
  • 13. DATA ANALYSIS Nature of Problem in NOIDA: - Poverty is the mother of all kind of exploitations - Jharkahand, Orissa, Bihar, Eastern Uttar Pradesh, Assam etc. - Role of Placement Agencies (PA). - Children working as domestic help, Pushcart (Thella), business centres, organized begging, rag picking, petty offences etc. - No case reported for sexual abuse Gender Issues: - The girl child are more vulnerable in terms of missing children demand in domestic help INDIAN LAW INSTITUTE
  • 14. Missing Children Nexus No proper procedure of reporting of missing children. Only entry in G.D. at Police Station, No FIR No proper data available Bachpan Bachao Andolan Report 2012 observation: - average number of 150 reported missing children per district annually - average number of 54 untraced children per district - If applied in 392 districts amounts to 34,500 Nithari case in NOIDA was turning point and SC issued directions. SupremeCourt Guidelines: Hori Lal vs. Commissioner of Police & oths (2002) SC Lalita Kumari vs. State of U.P. & Ors. (2008) SC INDIAN LAW INSTITUTE
  • 15. ANALYSIS U T T A R P R A D E S H P O L I C E Figure-1: Gender comparison of Missing Children in NOIDA
  • 16. ANALYSIS U T T A R P R A D E S H P O L I C E Figure-2: Comparing age profile of missing boy and girl children
  • 17. Status of AHTU GoI scheme, came into existence in NOIDA on 23 March 2011 ever since only 03 cases got registered 01 Inspector, 02 SI, 02 HC and 04 Constables Issues : - Tenure of posting vary from 10 days to average 4 months. - No training in the foundation course. - Lack of motivation - less experience in dealing child issues. - Used in regular duties of L/O, VIP security etc. - In peer group posting in AHTU low rating - Tendency not to register cases to keep crime stat under control No mechanism for evaluationINDIAN LAW INSTITUTE
  • 18. ANALYSIS U T T A R P R A D E S H P O L I C E * Date of establishment of AHTU in NOIDA Figure-3: Tenure of Posting in AHTU, NOIDA
  • 19. ANALYSIS U T T A R P R A D E S H P O L I C E Figure-4: Experience of Investigation of TIP cases at different ranks at AHTU (in terms of cases investigated)
  • 20. FINDINGS Legal gap analysis: - concept of TIP is highly complex and affected by cultural relativism. - The concept and definition of missing children need to be elaborate in Indian Jurisprudence and accordingly law have to be formulated. Cause effect Analysis: Multi factorial - poverty - ignorance Enforcement agencies: - AHTU, prosecution, rehabilitation have mal-functioning - Lack of performance evaluation mechanism - The rescue and rehabilitation are inadequate - No mechanism for coordination with NGO etc. Lack of holistic approach INDIAN LAW INSTITUTE
  • 21. RECOMMENDATIONS Prevention: - Emphasis on equitable justice - Integration the Panchayat Raj System - Participation in decision making - Various welfare schemes - Create Awareness Campaigns - Vulnerability Mapping of TIP and child labour at national, state, districts levels Bridge legal gaps: - design definition of TIP and missing person in Indian context - incorporate missing persons into cognizable offence. - linking missing child and child in confrontation with law for purpose of investigation. - Integrated Approach INDIAN LAW INSTITUTE
  • 22. RECOMMENDATIONS contd. Strengthening AHTU: - Posting based on deputation with fixed term tenure - Emphasis on capacity building to improve morale, sensitivity etc. - Strengthening unit by qualitative man and material - Dedicated team- No other duties - Regular interaction with various stakeholders. - Handling cases of missing children and trafficked children by AHTU - liaison at Railway Stations and bus stands in search of victims - strengthening collection and collation of intelligence inputs of TIP - rewarding good work Prosecution: - The statement of rescued victims under section 164 Cr.P.C. must be recorded in time - Timely production of witnesses in the court INDIAN LAW INSTITUTE
  • 23. RECOMMENDATIONS contd. Rehabilitation: - Expending social security network in terms of quality and quantity of Protection Homes. - separate compartment for victim children and the children in confrontation with the - Need to facilitate more public spirited partnership in rehabilitation and rescue of the children. Develop Appraisal Mechanism for the Status of TIP: - Status Evaluation & Performance Audit Committee headed by the District Judge and members like DM, SP, Labour dept. and other stakeholders. - Its report must be enforced properly. INDIAN LAW INSTITUTE
  • 24. RECOMMENDATIONS contd. Develop legal mechanism to get domestic help Networking of information: - Integrated Approach for networking of Database at National, State, District and Tehsil level. - Regular updating of the data - The Delhi Police model of ZIP Net have already initiated. - Public excess to the site to provide inputs. Tracing cross linkages with other trafficking: - The data base should be compatible to search culprits and victims from other trafficking like drug, weapons, wildlife, terrorism etc. Develop Mechanism to identify black sheep in the System INDIAN LAW INSTITUTE
  • 26. U T T A R P R A D E S H P O L I C E