Human trafficking dg conference
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1) Human trafficking, especially for commercial sexual exploitation, is one of the fastest growing organized crimes globally. It affects millions of people annually who are exploited in situations approximating slavery. 2) In India, there are an estimated 2.8 million women in commercial sexual exploitation. Most victims are trafficked before the age of 18, and many are re-trafficked after being previously rescued. Poverty, domestic violence, and deception by traffickers are among the main reasons children become vulnerable to trafficking. 3) Addressing human trafficking requires a coordinated effort between multiple stakeholders, including stronger law enforcement responses, protection and rehabilitation of victims, and prevention of trafficking through initiatives that reduce vulnerabilities. Technology can
Human trafficking dg conference
- 1. Anurag Garg 1 DIG, Central Bureau of Investigation
- 2. Global Scenario 2
- 3. Fastest growing organised crime next to drugs & weapons 3
- 4. 18% 3% Others Forced Labour Commercial 79% Sexual Exploitation(CSE) 79% trafficking world wide is for CSE & 18 % for labour 4
- 5. 20.9 mn people in forced labour & forced prostitution (ILO 2012 estimate) 5
- 6. Today, slaves are cheaper than they have ever been in history. 6
- 7. Main Origins of Trafficking 7
- 8. Main Destinations of Trafficking 8
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- 10. Commercial Sexual Exploitation (CSE) in India 2.8 million women in CSE (DWCD 2007) 60% women trafficked for CSE before age of 18 10
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- 17. Are we doing enough to Prevent, Suppress & Punish TIP Many stakeholders Is police response adequate? 17
- 18. Priority to AHT Work (852 police officers interviewed, 2002-03) 7.7 12.2 No priority Low priority Medium 54.8 25.3 priority High priority 18
- 19. Insight into Trafficking for CSE (Based on interviews of 412 brothel keepers) 67.2% brothel owners were earlier victims of CSE Highest demand for virgins & maximum earnings from child CSE 34.5% brothel keepers did not face police action 53.4% avoided police action by paying bribes to police officials 19
- 20. Insight into Trafficking for CSE (Based on interviews of 561 survivors) 21% survivors are children mostly from WB,MH,TN 62% exploited in brothels before age of 18 yrs 24 % rescued earlier & victims of re-trafficking 58% arrested by police earlier 41% bailed out by brothel owners 15% paid bribe to police for release Turning point for leaving home: 62.4% Lured or deceived by trafficker 18% Domestic violence 10.7% Poverty 20
- 21. Insight into Trafficking for CSE Based on interviews of 160 traffickers & 852 clients Traffickers: Only 5.6% newcomers Clients: 93.8% frequent visitors & 82.6% never encountered police in brothel 21
- 22. 682 ANDHRA PRADESH TAMIL NADU 420 412 MAHARASHTRA 368 KARNATAKA 333 BIHAR WEST BENGAL 198 197 KERALA 144 HIMACHAL 21 129 ASSAM 83 15 RAJASTHAN MADHYA PRADESH 77 8 64 HARYANA 5 57 UTTAR PRADESH 3 54 GUJARAT 50 3 PUNJAB 38 CHHATTISGARH 2 35 DELHI UT 1 28 JHARKHAND 1 26 DAMAN & DIU 1 23 ODISHA 18 GOA 0 16 JAMMU & 0 22 5 ARUNACHAL
- 23. Constitutional Safeguards Art 23: Prohibition of traffic in human beings and forced labour - an offence punishable in accordance with law Art 24: Prohibition of employment of children in factories Art 39: State policy to be directed towards ensuring tender age of children is not abused & childhood is protected against exploitation 23
- 24. Legislations Indian Penal Code, 1860 Child Labour (Prohibition and Immoral Traffic (Prevention) Act, Regulation) Act, 1986 1956 Bonded Labour System (Abolition) Juvenile Justice (Care and Protection Act 1976 of Children) Act, 2000 Factories Act, 1948 Schedule Castes and the Schedule Mines Act, 1952 Tribes (Prevention of Atrocities) Act Merchant Shipping Act, 1958 MCOCA Motor Transport Workers Act, 1961 Child Marriage Restraint Act, 1929 Minimum Wages Act, 1948 Children (Pledging of labour) Act, Plantation Labour Act, 1951 1933 Hindu Adoption and Maintenance Act, 1956 Transplantation of Human Organ Act, 1994 Information Technology Act, 2000 24
- 25. What is Human Trafficking ? Trafficking in persons shall mean the (acts of) Exploitation shall recruitment, transportation, include, at a minimum, transfer, harbouring, or receipt of persons, by the exploitation of the (means of ) the threat or prostitution of others use of force or other forms of coercion, of abduction, or other forms of of fraud, of deception, of sexual exploitation, the abuse of power or of a position of vulnerability or forced labour or of the giving or receiving of services, slavery or payments or benefits to Definition as per achieve the consent of a practices similar to UN Trafficking Protocol Resolution person having control over slavery, servitude or 55/25 Dec 2003 another person, for the purpose of exploitation. the removal of organs. UN definition is universally the most acceptable definition and the trafficking protocol applies between member states (members of the UN that have ratified these instruments) for offences that are transnational and organized. 25
- 26. ACTIVITIES MEANS/METHODS PURPOSE/INTENTION Any of these) (Any of these) (Any of these) Recruitment Threat For the purpose of exploitation Transportation Force Prostitution Transfer Other forms of coercion Other forms of sexual exploitation-pornography Harbouring Abduction Forced labour or services Receipt Fraud Slavery ........ of persons Deception Servitude Abuse of: Removal of organs Power (of trafficker) Position of Vulnerability (victim) Giving or receiving of 26 payments to obtain .
- 27. Means of Coercion Threats of immigration Accumulated debt : authorities: Bailing out of Bangladeshi sex prostitutes arrested workers for soliciting 27
- 28. Means of Coercion Withholding Retention of Identity payment of wages: papers: On reaching ECR Household helps country coming from far off regions 28
- 29. Legal Framework to deal with TIP 29
- 30. Challenges in law enforcement Failure to address the HT as organised crime Investigation does not go beyond one layer No action against traffickers or clients of CSE Most (85%) prosecutions for solicitation Investigation not victim centric- victims re- trafficked Places of prostitution not closed; Hotel licenses not cancelled Corruption in LEAs 30
- 31. Our Experience Organised crime Vulnerability of victims exploited by many Victims treated as commodity and sold from one to another No real names and fake addresses in CAFs Traffickers frequently change locations Association with NGOs important Victims themselves can later become traffickers Proper rehabilitation necessary Use of technical tools in investigation 31
- 32. T-Surveillance: To prevent incitement to commission of offence under sec 5(2) of ITA 1885 CDR Analysis Frequency chart, Probable location, Common contacts 32
- 33. Net Patrol 33
- 34. Google maps/Google earth Ascertain cell phone location by sending SMS 34
- 35. Voice Matching 35
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- 37. Are there any linkages between Trafficking and Missing persons? Where do about 20,000 children disappear every year? More than 1000 children disappeared from Delhi in 2010. 37
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- 39. Parents Traumatised 39
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- 42. 90000 80000 70000 60000 30954 India 30366 31254 50000 Children Reported Missing 33278 30122 30089 40000 28344 27503 26058 26109 30000 23840 24311 23771 23664 46179 20000 37861 35941 33051 26055 26834 23123 10000 18546 18908 19658 15795 16492 16935 16668 0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Missing Children ( Female) Missing Children ( Male) 42
- 43. Untraced Children 25000 23236 20000 18166 15917 15000 14062 14125 12944 10383 10000 9336 8524 8601 7861 7671 7906 7338 5000 0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 43
- 44. Missing Children- Challenges Non registration of FIR in most States Data of children staying in children/shelter homes often not in public domain No National level portal to match missing & found Generally missing children have poor parents- No voice- low priority If child found, not recorded in police records 11 children go missing every hour in India & 4 of them never found (Bachpan Bacho Andolan) Yet to fully harness power of technology 44
- 45. Increased Reporting Trends in WB 45
- 46. HOMEPAGE of TRACKCHILD 1.0 46
- 47. Success Stories 47
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- 49. Network Effect The effectiveness of the web portal would increase manifold if all States & UTs join and populate the database 49
- 50. How to address? Register FIR if child not traced in reasonable time P & H High court: July 24, 2012 order mandates registration of FIR for missing report Adopt national level portal trackchild.gov.in being developed by NIC for reporting missing & found persons Shelter homes, children homes must be linked SOPs on finding missing persons are implemented in practice Periodical review at all levels (like % recovery in 50 theft cases)
- 51. How is CBI addressing HT Capacity Building of police, prosecutors & judges Taking over investigation in complex cases involving multiple States Suo moto Registration Partnership with NGOs Development of National Portal for missing & found persons Maintaining database of traffickers Designated one CBI unit as AHTU Nodal agency to receive requests for assistance under UNCTOC 51
- 52. How can CBI assist States/UTs Taking up HT cases involving inter-state organised gangs for investigation Capacity Building of State Police, Prosecution and Judicial Officers Building & sharing database of organised gangs Assistance in investigations abroad Sharing intelligence 52
- 53. Good practices Investigation from organised crime angle Compassionate treatment of victims Traffickers & not victims are booked If victims from other countries, ensure not routinely booked under Foreigners Act and facilitate their return Envisaged in UN Protocol on Trafficking MHA advisory 53
- 54. Good Practices Collect documentary/technical evidence Closure of premises used for prostitution Attach proceeds of crime(Predicate offence under PMLA) Previous criminal record of traffickers for harsher punishment Do not expose victims to media (21 JJA, 228 A IPC) Compensation to victims under 357 A Cr PC 54
- 55. Higher priority to AHT efforts Capacity building of field level officers & supervisory officers Increased inter-state co-ordination Develop inter-agency networks for protection and rehabilitation of victims Regulation of placement agencies & establishing helpline number Address problem of police inaction in cases of missing children Adoption of trackchild.gov.in to report all missing & found children 55
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