November 4, 2006
Chetan Chauhan,
Hindustan Times
New Delhi, August 23, 2007
Punjab and Haryana continue to exploit the girl child. A new United Nations report released on Wednesday reveals that girls and women are not only trafficked to these two states to improve the skewed sex ratio but also, and mainly, to bear male children. Once they give birth to a boy, they are usually sexually exploited and either abandoned or passed on to another man.
Punjab and Haryana — two of India’s wealthiest states — also have the dubious distinction of being among the states with the most skewed sex ratios — in the age group of 0-6 — in the country. Punjab has a ratio of 886 girls to 1,000 boys while the number in Haryana is 867.
The districts with the worst sex ratios also come from the two states. The worst offender is Fathegarh Sahib in Punjab, which has a ratio of just 766 girls to a 1,000 boys.
Despite the skewed ratio, the United Nations Development Fund report indicates that the desire for a male child still persists and for that, women are trafficked regularly from Assam and West Bengal. “There is an emerging pattern of trafficking girls from West Bengal and Assam to the more prosperous states of Punjab and Haryana where the gender gap is most acute,” reads the report titled Human Trafficking and HIV: Exploring Vulnerabilities and Responses in South Asia’.
So far, it was believed that poor women from Bihar, Assam and West Bengal, were being trafficked to Punjab and Haryana to fill in the shortage of women for marriage. Now, the study conducted by the UNDP reveals that women are mostly trafficked to bear male children. “The woman is either abandoned or passed on to another man after the birth of the male child,” the study — covering India, Pakistan, Bangladesh, Afghanistan, Sri Lanka and Nepal — says.
Terror recruits getting younger
On a different subject, the damning report also notes that extremist outfits in the country have “reportedly” begun recruiting boys aged between eight and 15 years to provide food and deliver ransom notes without arousing the suspicion of the police. “The People's War Group (now Communist Party of India-Maoist) founded these organisations in an attempt to train children to resist police interrogation more effectively,” it reads, adding that tribal girls are reportedly used as couriers in the areas of Adilabad and Dandakaranya.
Friday, August 24, 2007
Pune City a major hub for trafficking’
REGIONAL CONSULTATION HIGHLIGHTS MUSHROOMING OF PROSTITUTION; STATE DRAWING PLAN
‘City a major hub for trafficking’
Pune, August 23: OVER 2,000 girls rescued in trafficking cases in Maharashtra during the last three years hail from other states and other countries like South Africa, Uzbekistan, Sri Lanka, Bangladesh and Nepal. This fact was highlighted by Aslam Khan, social worker at the Police Commissionerate’s Women and Child Vigilance Department. He was speaking at a regional consultation on anti-trafficking organised by Holistic Child Development India (HCDI) on Thursday.
With Maharashtra emerging as a major destination for trafficking, Khan said that Pune, Nagpur and Jalgaon were among the primary hubs. “Approximately 3,755 girls, including minors, were rescued in the previous three years. Of these, barely 600 girls come from Maharashtra, whereas 500 were brought in from other countries, and the remaining from other states in the country,” said Khan.
Bride Groom 18 - 24 25 - 30 31 - 35 36 - 45 46 - 50 50+India USA United Kingdom UAE Canada Australia Pakistan Saudi Arabia Kuwait South Africa
Khan also said that trafficking and prostitution were no longer restricted to just brothels. “Recently, this trade has also been mushrooming in newer places like massage parlours, ‘friendship’ clubs and even web portals like Orkut,” said Khan.
Emphasising the need for prevention as a means to tackle trafficking, Khan said that the Maharashtra Government was drawing up a State Action Plan for prevention of child trafficking. “The draft for this plan has already been approved by the committee headed by the additional secretary of the State Home Department, and is likely to be approved by the Legislative Assembly within the next few months,” he said.
The Action Plan would involve interventions at every stage, beginning with the reasons for trafficking. “In most cases the parents send their children into prostitution to generate additional income. In such cases, the government would offer financial aid schemes like scholarships for the child’s education,” said Khan.
The regional consultation was attended by representatives of various organisations in Pune and Mumbai working in the field of child trafficking, prostitution and HIV prevention. These included representatives of the Good Shepherd Sisters, Mumbai, Indian Network for People living with HIV/AIDS (INPH), Pune Diocese, and Kaya Kalp, Pune. “HCDI along with the Good Shepherd Sisters, Mumbai, will be preparing a programme of action based on the discussions and suggestions made during the consultation,” said HCDI consultant Naina Athalye.
Father Jeetendra David of Pune Diocese spoke about the difficulties encountered while preventing children from entering into prostitution, because of objections by employers and even parents who lived off the additional income. “Such women should be provided with basic facilities like ration cards and education, and security for them and their children,” said David.
Network to track missingA national network to track missing children is being set up through collaboration with NGOs and various government committees at the national, state and district level, said Khan. “This network would involve setting up a software to track and match details of missing children, which could be uploaded on websites at the city and village level,” said Khan, adding that the project was currently being designed by various NGOs like Prerna and Save the Children. “The project implementation can be done by district level committees comprising special police officers, who could keep a close watch on activities in brothels, and report details of any missing children found in these areas,” he said
‘City a major hub for trafficking’
Pune, August 23: OVER 2,000 girls rescued in trafficking cases in Maharashtra during the last three years hail from other states and other countries like South Africa, Uzbekistan, Sri Lanka, Bangladesh and Nepal. This fact was highlighted by Aslam Khan, social worker at the Police Commissionerate’s Women and Child Vigilance Department. He was speaking at a regional consultation on anti-trafficking organised by Holistic Child Development India (HCDI) on Thursday.
With Maharashtra emerging as a major destination for trafficking, Khan said that Pune, Nagpur and Jalgaon were among the primary hubs. “Approximately 3,755 girls, including minors, were rescued in the previous three years. Of these, barely 600 girls come from Maharashtra, whereas 500 were brought in from other countries, and the remaining from other states in the country,” said Khan.
Bride Groom 18 - 24 25 - 30 31 - 35 36 - 45 46 - 50 50+India USA United Kingdom UAE Canada Australia Pakistan Saudi Arabia Kuwait South Africa
Khan also said that trafficking and prostitution were no longer restricted to just brothels. “Recently, this trade has also been mushrooming in newer places like massage parlours, ‘friendship’ clubs and even web portals like Orkut,” said Khan.
Emphasising the need for prevention as a means to tackle trafficking, Khan said that the Maharashtra Government was drawing up a State Action Plan for prevention of child trafficking. “The draft for this plan has already been approved by the committee headed by the additional secretary of the State Home Department, and is likely to be approved by the Legislative Assembly within the next few months,” he said.
The Action Plan would involve interventions at every stage, beginning with the reasons for trafficking. “In most cases the parents send their children into prostitution to generate additional income. In such cases, the government would offer financial aid schemes like scholarships for the child’s education,” said Khan.
The regional consultation was attended by representatives of various organisations in Pune and Mumbai working in the field of child trafficking, prostitution and HIV prevention. These included representatives of the Good Shepherd Sisters, Mumbai, Indian Network for People living with HIV/AIDS (INPH), Pune Diocese, and Kaya Kalp, Pune. “HCDI along with the Good Shepherd Sisters, Mumbai, will be preparing a programme of action based on the discussions and suggestions made during the consultation,” said HCDI consultant Naina Athalye.
Father Jeetendra David of Pune Diocese spoke about the difficulties encountered while preventing children from entering into prostitution, because of objections by employers and even parents who lived off the additional income. “Such women should be provided with basic facilities like ration cards and education, and security for them and their children,” said David.
Network to track missingA national network to track missing children is being set up through collaboration with NGOs and various government committees at the national, state and district level, said Khan. “This network would involve setting up a software to track and match details of missing children, which could be uploaded on websites at the city and village level,” said Khan, adding that the project was currently being designed by various NGOs like Prerna and Save the Children. “The project implementation can be done by district level committees comprising special police officers, who could keep a close watch on activities in brothels, and report details of any missing children found in these areas,” he said
Sunday, August 19, 2007
Rajyalakshmi wants tough punishment for trafficking
Date:18/08/2007
Andhra Pradesh - Hyderabad
Special Correspondent
Minister admits to loopholes in the existing laws to deal with the offence
ATIENT HEARING: Women and Child Welfare Minister N. Rajyalakshmi interacting with children at a seminar in Hyderabad on Friday.
HYDERABAD: Women and Child Welfare Minister N. Rajyalakshmi stressed the need for severe punishment to those indulging in trafficking in women.
Speaking to reporters on the sidelines of the South India consultation on “Standards of care for survivors of sex trafficking” here on Friday, Ms. Rajyalakshmi said that the State Government had not arrived at a decision on the quantum of punishment for trafficking but wanted to make it a deterrent measure. She admitted that there were bottlenecks in the existing laws to deal with the offence.
Issue to be addressed
The Minister promised to take a decision soon on how to tackle trafficking based on the outcome of the consultation. She said trafficking in women had assumed alarming proportions in the State. Gullible women and girls from the coastal districts fell victims to traffickers who ultimately made a fast buck without any investment.
Earlier, addressing the convention, Mrs. Rajyalakshmi informed the meeting that a comprehensive policy and an action plan was required to ensure that victims of commercial sex were not drawn to the trade again.
The Minister promised to take a decision soon on how to tackle trafficking based on the outcome of the consultation. She said trafficking in women had assumed alarming proportions in the State. Gullible women and girls from the coastal districts fell victims to traffickers who ultimately made a fast buck without any investment.
Earlier, addressing the convention, Mrs. Rajyalakshmi informed the meeting that a comprehensive policy and an action plan was required to ensure that victims of commercial sex were not drawn to the trade again.
Quality material
Vasudha Misra, Secretary, Women and Child Welfare, said the Government hoped to get quality material from the deliberations so that it could straightaway implement it as a policy. She said the Government was eager to learn about the physical conditions that should be developed at homes where the victims were rehabilitated. They stood the danger of being re-trafficked if the homes were not comfortable or were deprived of psychological counselling. Sunita Krishnan of an NGO, ‘Prajwala,’ which co-hosted the event with the Women and Child Welfare Department said the minimum standards of care at rehabilitation centres were contemplated in the background of re-trafficking of victims.
Vasudha Misra, Secretary, Women and Child Welfare, said the Government hoped to get quality material from the deliberations so that it could straightaway implement it as a policy. She said the Government was eager to learn about the physical conditions that should be developed at homes where the victims were rehabilitated. They stood the danger of being re-trafficked if the homes were not comfortable or were deprived of psychological counselling. Sunita Krishnan of an NGO, ‘Prajwala,’ which co-hosted the event with the Women and Child Welfare Department said the minimum standards of care at rehabilitation centres were contemplated in the background of re-trafficking of victims.
Saturday, August 18, 2007
Indian children rescued from human trafficking
WHO'S CHILD IS THIS
(poem started in Nagpur, India)
Who's child is this,
with the burn-scared face,
of a different race,
in this far of place?
Who's child is this,
who comes up to me,
with her childhood glee,
says, "Will you love me?"
Who's child is this,
who just wants to play,
living life today,
forgetting yesterday?
Who's child is this,
I turned and shed a tear,
it's been 2 years,
mother left her here.
Who's child is this,
Standing next to her brother,
Sold to others,
Betrayed by mother.
Who's child is this,
Hair could use a comb,
Never have a "normal" home,
Future is unknown.
Who's child is this,
Traded for a price,
Often has lice,Now knows Christ.
Who's child is this,
Once forced to do things,
Now stands and sings,
To her King of kings
By Darren
(poem started in Nagpur, India)
Who's child is this,
with the burn-scared face,
of a different race,
in this far of place?
Who's child is this,
who comes up to me,
with her childhood glee,
says, "Will you love me?"
Who's child is this,
who just wants to play,
living life today,
forgetting yesterday?
Who's child is this,
I turned and shed a tear,
it's been 2 years,
mother left her here.
Who's child is this,
Standing next to her brother,
Sold to others,
Betrayed by mother.
Who's child is this,
Hair could use a comb,
Never have a "normal" home,
Future is unknown.
Who's child is this,
Traded for a price,
Often has lice,Now knows Christ.
Who's child is this,
Once forced to do things,
Now stands and sings,
To her King of kings
By Darren
Trafficking: HC issues notice to CBI, Kapurthala SSP
NEWS
Trafficking: HC issues notice to CBI, Kapurthala SSP
Chandigarh, August 16: The Punjab and Haryana High Court today issued notices to the Criminal Bureau of Investigation (CBI), Senior Superintendent of Police (SSP), Kapurthala, and nine others on a petition filed by three Punjab residents.
The petitioners have urged the Court to direct the CBI to hold an inquiry and register a case on charges of rape and Prevention of Immoral Trafficking Act against six persons, who have been named in the petition.
The petitioners have also sought directions to the Kapurthala SSP to seal the premises of a hotel in Kapurthala so that the evidence in the case can be collected.
The petitioners have alleged that two Kapurthala residents, who own three hotels in the city, were using the hotels as a brothel. A woman, who sought employment in the hotel, and later came to know about this, has made the allegation. The petitioners have also alleged that the ‘sex racket’, which is going in the hotels, also involve certain senior Punjab government officials and bureaucrats.
After considering the allegations, the HC has issued notices to the CBI and the SSP’s office.
Trafficking: HC issues notice to CBI, Kapurthala SSP
Chandigarh, August 16: The Punjab and Haryana High Court today issued notices to the Criminal Bureau of Investigation (CBI), Senior Superintendent of Police (SSP), Kapurthala, and nine others on a petition filed by three Punjab residents.
The petitioners have urged the Court to direct the CBI to hold an inquiry and register a case on charges of rape and Prevention of Immoral Trafficking Act against six persons, who have been named in the petition.
The petitioners have also sought directions to the Kapurthala SSP to seal the premises of a hotel in Kapurthala so that the evidence in the case can be collected.
The petitioners have alleged that two Kapurthala residents, who own three hotels in the city, were using the hotels as a brothel. A woman, who sought employment in the hotel, and later came to know about this, has made the allegation. The petitioners have also alleged that the ‘sex racket’, which is going in the hotels, also involve certain senior Punjab government officials and bureaucrats.
After considering the allegations, the HC has issued notices to the CBI and the SSP’s office.
Study: Sex trafficking contributes to AIDS epidemic
Posted on Aug 16, 2007 by Erin Roach CHICAGO (BP)–Intervention to release sex-trafficked girls and women from forced prostitution may be an important strategy in preventing the spread of HIV/AIDS, according to a study released in August by the Journal of the American Medical Association.
Researchers called for strengthened efforts to prevent sex trafficking and to protect trafficking survivors after they found that victims of forced prostitution in India contributed to the HIV/AIDS epidemic when they were repatriated into their native country of Nepal.
“Currently, relatively few such efforts exist, and organizations that do engage in this work often lack adequate political or financial support,” the authors of the report from the Harvard School of Public Health wrote in reference to intervention work.
The study’s authors worked with a nongovernmental organization to examine the medical records of 287 girls and women who were rescued and repatriated after being sex-trafficked from Nepal to India between 1997 and 2005, and 38 percent of them tested positive for HIV. About 14 percent of the girls were trafficked before they were 15, and 60.6 percent of that age group was infected with HIV, researchers found.
Most victims were transported by people they knew on promises of domestic jobs or offers of marriage. Others were drugged and kidnapped. More than half of the girls and women were trafficked to Mumbai, the most populous city in India.
A decade ago, researchers said, international human rights organizations calculated that between 5,000 and 7,000 Nepalese girls and women were sex trafficked to India each year, and the study’s authors predicted that number has risen significantly because of recent civil conflict in Nepal.
India has about 2.5 million people living with HIV/AIDS, ranking third in the world behind South Africa and Nigeria. The U.S. State Department estimates that 800,000 people are trafficked worldwide each year, and 80 percent are women and girls. The Associated Press noted that 150,000 are trafficked annually across South Asia and most end up in major Indian cities.
“The high rates of HIV we have documented support concerns that sex trafficking may be a significant factor in both maintaining the HIV epidemic in India and in the expansion of this epidemic to its lower-prevalence neighbors,” Jay Silverman, an associate professor at the Harvard School of Public Health and a lead author in the study, said.
Researchers found that individuals trafficked at 14 years or younger may be at greater risk for HIV infection, and girls trafficked before age 15 were more likely to be detained in brothels for one year or longer compared with those trafficked as adults.
The reasons they gave include the fact that brothel owners place an increased value on younger girls because male clients prefer them. That preference often is caused by a belief that sex with a virgin will prevent HIV infection and may even cure a man who already contracted the disease, the authors said.
“Demand from clients is consistently described as the major driver of sex trafficking and likely also underlies HIV infection and transmission among the survivors of this criminal enterprise,” the study said.
Also, young girls are less likely to negotiate the use of condoms during forced sex. Researchers said HIV-prevention approaches relying on prostituted girls to use condoms more regularly should be reconsidered.
“Approaches to HIV risk reduction that are oriented toward male clients, including reducing demand for sex from young prostituted girls, should receive greater emphasis,” the authors said.
Jeffrey Barrows, a medical consultant on health and human trafficking for the Christian Medical Association, said the link between sex-trafficking and the spread of HIV/AIDS is significant.
“Very few published medical studies to date have addressed this link, so this study is a real breakthrough that we hope will stimulate concrete action in our government and the public health community,” Barrows said in a statement Aug. 1. “This study should help U.S. and international government officials better recognize and emphasize the public health implications of human trafficking, and sex trafficking in particular.”
Barrows said sex trafficking intervention should be more strongly emphasized in the President’s Emergency Plan for AIDS Relief (PEPFAR) and other AIDS-related programs.
“Anti-trafficking measures should be specifically and consistently emphasized in AIDS-related grant stipulations and proposal evaluations,” he said.
The U.S. Department of Health and Human Services is leading a nationwide effort to curb sex trafficking in the United States, where between 14,500 and 17,500 victims are brought into the country each year, according to the State Department.
In 2000, the Trafficking Victims Protection Act became the first comprehensive federal law addressing the trafficking issue. The act established a T visa for rescued victims of trafficking, which allows them to become temporary U.S. residents. Prior to the act, many victims were eventually deported as illegal aliens.
Advocates, including the Christian Medical Association, are calling for the United States to take a stronger stance in reducing sex trafficking worldwide, and as the study suggests, slowing the spread of the AIDS epidemic.
Researchers called for strengthened efforts to prevent sex trafficking and to protect trafficking survivors after they found that victims of forced prostitution in India contributed to the HIV/AIDS epidemic when they were repatriated into their native country of Nepal.
“Currently, relatively few such efforts exist, and organizations that do engage in this work often lack adequate political or financial support,” the authors of the report from the Harvard School of Public Health wrote in reference to intervention work.
The study’s authors worked with a nongovernmental organization to examine the medical records of 287 girls and women who were rescued and repatriated after being sex-trafficked from Nepal to India between 1997 and 2005, and 38 percent of them tested positive for HIV. About 14 percent of the girls were trafficked before they were 15, and 60.6 percent of that age group was infected with HIV, researchers found.
Most victims were transported by people they knew on promises of domestic jobs or offers of marriage. Others were drugged and kidnapped. More than half of the girls and women were trafficked to Mumbai, the most populous city in India.
A decade ago, researchers said, international human rights organizations calculated that between 5,000 and 7,000 Nepalese girls and women were sex trafficked to India each year, and the study’s authors predicted that number has risen significantly because of recent civil conflict in Nepal.
India has about 2.5 million people living with HIV/AIDS, ranking third in the world behind South Africa and Nigeria. The U.S. State Department estimates that 800,000 people are trafficked worldwide each year, and 80 percent are women and girls. The Associated Press noted that 150,000 are trafficked annually across South Asia and most end up in major Indian cities.
“The high rates of HIV we have documented support concerns that sex trafficking may be a significant factor in both maintaining the HIV epidemic in India and in the expansion of this epidemic to its lower-prevalence neighbors,” Jay Silverman, an associate professor at the Harvard School of Public Health and a lead author in the study, said.
Researchers found that individuals trafficked at 14 years or younger may be at greater risk for HIV infection, and girls trafficked before age 15 were more likely to be detained in brothels for one year or longer compared with those trafficked as adults.
The reasons they gave include the fact that brothel owners place an increased value on younger girls because male clients prefer them. That preference often is caused by a belief that sex with a virgin will prevent HIV infection and may even cure a man who already contracted the disease, the authors said.
“Demand from clients is consistently described as the major driver of sex trafficking and likely also underlies HIV infection and transmission among the survivors of this criminal enterprise,” the study said.
Also, young girls are less likely to negotiate the use of condoms during forced sex. Researchers said HIV-prevention approaches relying on prostituted girls to use condoms more regularly should be reconsidered.
“Approaches to HIV risk reduction that are oriented toward male clients, including reducing demand for sex from young prostituted girls, should receive greater emphasis,” the authors said.
Jeffrey Barrows, a medical consultant on health and human trafficking for the Christian Medical Association, said the link between sex-trafficking and the spread of HIV/AIDS is significant.
“Very few published medical studies to date have addressed this link, so this study is a real breakthrough that we hope will stimulate concrete action in our government and the public health community,” Barrows said in a statement Aug. 1. “This study should help U.S. and international government officials better recognize and emphasize the public health implications of human trafficking, and sex trafficking in particular.”
Barrows said sex trafficking intervention should be more strongly emphasized in the President’s Emergency Plan for AIDS Relief (PEPFAR) and other AIDS-related programs.
“Anti-trafficking measures should be specifically and consistently emphasized in AIDS-related grant stipulations and proposal evaluations,” he said.
The U.S. Department of Health and Human Services is leading a nationwide effort to curb sex trafficking in the United States, where between 14,500 and 17,500 victims are brought into the country each year, according to the State Department.
In 2000, the Trafficking Victims Protection Act became the first comprehensive federal law addressing the trafficking issue. The act established a T visa for rescued victims of trafficking, which allows them to become temporary U.S. residents. Prior to the act, many victims were eventually deported as illegal aliens.
Advocates, including the Christian Medical Association, are calling for the United States to take a stronger stance in reducing sex trafficking worldwide, and as the study suggests, slowing the spread of the AIDS epidemic.
The Indian Sex Industry: Perturbed, Pressured and Poignant
The Indian Sex Industry: Perturbed, Pressured and Poignant
Rachel Arora, merinews
15 August 2007, Wednesday
Views: 197 Comments: 1
The multimillion dollar sex industry in India is a boon for the masterminds running it. In the bargain for minting money what’s sidelined is the health and human rights of the workers who end up in the wallows of extreme poverty and social stigma.
A DARK GLOOM hovers over the red light area of New Delhi. Hundreds of women stare out of dingy pigeonholes with preening eyes. Who will be their next client, what will they experience and if here is a hope for them when they cross the age of 35 and experience the hatred and stigma pushed on them by society?
Most sex workers in the country are victims of poverty, guilt, sexually transmitted diseases and live a life that is worse than death. They succumb to dire circumstances and have no platform to voice their concerns. They are constantly subjugated to violence and abuse and their plight is never-ending.
Welcome to Kamathipura, a flourishing red light district in Mumbai. This is the hub of the AIDS epidemic in India which affects more than four and a half million people. Over 60,000 sex workers live in Kamathipura and more than 50 per cent of them are HIV positive.
The sex workers in these areas have been sold by their family members or have been tricked in the trade. Their lives lay barren and ragged. They are victims of the society as well as of those who use them for a few minutes of physical saturation. What goes unnoticed is the quandary and challenges faced by these women.
Chanda, a sex worker from Delhi says, “There are good times as well as bad ones. It entirely depends upon the kind of customer one is to get for the night. Sometimes we get Rs 100 for a night while on other occasions it may vary from Rs 75 to 250.”
The rates are higher if sex is offered to the client without a condom which often results in transmitting of Sexually Transmitted Diseases (STD). The rates are higher for younger girls who are the worst victims. Many of them have been trafficked from other countries while others have been sold by their own fathers and uncles.
Sitara tried to escape a number of times but gave up thinking about where she would go and what she would do. The families of these girls would not accept them as they are considered to be a stigma on society and they are left with barely any means to start living an earnest life.
Several workers become hostages when they are kidnapped unaware of the threats imposed on them. They are forced into the flesh trade and then brainwashed by the local pimps and Madams running the brothels. They have nowhere to go except for the sex industry, the only community that is ready to accept them.
Ram Prakash Rai, an activist with Savera foundation says, “After the sex workers have no means to generate revenue and are no longer in demand they have absolutely no means to earn a livelihood. Taking this into account we provide them with vocational trainings and help them stand on their feet. We motivate them to start their own businesses and encourage them to become activists.”
“The Police are the biggest gundas”, Says Manju. “They catch us and then demand we have sex with them in order to pay them off for our release.”
Several debated and moralistic arguments have been given to favour and oppose legitimizing sex work in India. According to the Indian Penal Code (IPC), sex work is not illegal. It is the trafficking of women and children for the purpose of making them sex workers, violence and abuse that are illegal. The law does not prohibit anyone from having sex for money, what is prohibited is living off the income of a sex worker and pleading in public for sex work.
It is not the red light districts that carry an aura of lamentation, but it is about the increase in AIDS victims that has caused a ripple in the already troubled waters of sex trade in India. It has become necessary for introducing sex workers with their rights and values. One cannot condemn or look down upon them simply because they are part of the flesh trade. After all, who victimizes them? Clients visiting these red light areas are often businessmen, fathers, husbands and lovers. They need to see a bigger picture which exposes them to the realities of life.
In the Kamasutra, as explained by Vatsayana, prostitution was not considered disgraceful. Every prostitute was prized by her lover and had a code of conduct she needed to adhere too. She enjoyed a position of power and could refuse her lover at her will.
In the days of the Nawabs, Lucknow’s prostitutes were regarded as those possessing high intellect and manners. They were especially appointed to impart etiquette training to the sons and daughters of the rich Nawabs.
Today, the industry’s commercialization and ruthlessness has degenerated its social appearance. It is covered with the grime of lust, ravage and has become a crude form of soul trade. It is important for us to address the myths and whims associated with sex workers and we need to wake up as a nation to fend ourselves from the clutches of ignorance.
The red light district of Kolkata has the lowest AIDS rate in the country. This is the outcome of various organizations that have come to the rescue of the sex workers there. The use of the condom needs to be made essential for the sex workers. They have the power to refuse their client if he insists on unprotected sex. But the biggest plight faced by the workers is lack of awareness and no means to access their rights.
The India sex industry needs a revolution. It needs to be re created by introducing rights for the welfare of sex workers and their families. Their interests need to be safeguarded and the implementation of rights needs to be looked into.
There are thousands of stories that need to be heard. The heart wrenching difficulties and humiliation suffered by the sex workers needs attention. What we mustn’t forget is that even they are human beings and have the right to a dignified life. If someone falls prey to unfortunate circumstances, is it correct on our part to make them criminals
Rachel Arora, merinews
15 August 2007, Wednesday
Views: 197 Comments: 1
The multimillion dollar sex industry in India is a boon for the masterminds running it. In the bargain for minting money what’s sidelined is the health and human rights of the workers who end up in the wallows of extreme poverty and social stigma.
A DARK GLOOM hovers over the red light area of New Delhi. Hundreds of women stare out of dingy pigeonholes with preening eyes. Who will be their next client, what will they experience and if here is a hope for them when they cross the age of 35 and experience the hatred and stigma pushed on them by society?
Most sex workers in the country are victims of poverty, guilt, sexually transmitted diseases and live a life that is worse than death. They succumb to dire circumstances and have no platform to voice their concerns. They are constantly subjugated to violence and abuse and their plight is never-ending.
Welcome to Kamathipura, a flourishing red light district in Mumbai. This is the hub of the AIDS epidemic in India which affects more than four and a half million people. Over 60,000 sex workers live in Kamathipura and more than 50 per cent of them are HIV positive.
The sex workers in these areas have been sold by their family members or have been tricked in the trade. Their lives lay barren and ragged. They are victims of the society as well as of those who use them for a few minutes of physical saturation. What goes unnoticed is the quandary and challenges faced by these women.
Chanda, a sex worker from Delhi says, “There are good times as well as bad ones. It entirely depends upon the kind of customer one is to get for the night. Sometimes we get Rs 100 for a night while on other occasions it may vary from Rs 75 to 250.”
The rates are higher if sex is offered to the client without a condom which often results in transmitting of Sexually Transmitted Diseases (STD). The rates are higher for younger girls who are the worst victims. Many of them have been trafficked from other countries while others have been sold by their own fathers and uncles.
Sitara tried to escape a number of times but gave up thinking about where she would go and what she would do. The families of these girls would not accept them as they are considered to be a stigma on society and they are left with barely any means to start living an earnest life.
Several workers become hostages when they are kidnapped unaware of the threats imposed on them. They are forced into the flesh trade and then brainwashed by the local pimps and Madams running the brothels. They have nowhere to go except for the sex industry, the only community that is ready to accept them.
Ram Prakash Rai, an activist with Savera foundation says, “After the sex workers have no means to generate revenue and are no longer in demand they have absolutely no means to earn a livelihood. Taking this into account we provide them with vocational trainings and help them stand on their feet. We motivate them to start their own businesses and encourage them to become activists.”
“The Police are the biggest gundas”, Says Manju. “They catch us and then demand we have sex with them in order to pay them off for our release.”
Several debated and moralistic arguments have been given to favour and oppose legitimizing sex work in India. According to the Indian Penal Code (IPC), sex work is not illegal. It is the trafficking of women and children for the purpose of making them sex workers, violence and abuse that are illegal. The law does not prohibit anyone from having sex for money, what is prohibited is living off the income of a sex worker and pleading in public for sex work.
It is not the red light districts that carry an aura of lamentation, but it is about the increase in AIDS victims that has caused a ripple in the already troubled waters of sex trade in India. It has become necessary for introducing sex workers with their rights and values. One cannot condemn or look down upon them simply because they are part of the flesh trade. After all, who victimizes them? Clients visiting these red light areas are often businessmen, fathers, husbands and lovers. They need to see a bigger picture which exposes them to the realities of life.
In the Kamasutra, as explained by Vatsayana, prostitution was not considered disgraceful. Every prostitute was prized by her lover and had a code of conduct she needed to adhere too. She enjoyed a position of power and could refuse her lover at her will.
In the days of the Nawabs, Lucknow’s prostitutes were regarded as those possessing high intellect and manners. They were especially appointed to impart etiquette training to the sons and daughters of the rich Nawabs.
Today, the industry’s commercialization and ruthlessness has degenerated its social appearance. It is covered with the grime of lust, ravage and has become a crude form of soul trade. It is important for us to address the myths and whims associated with sex workers and we need to wake up as a nation to fend ourselves from the clutches of ignorance.
The red light district of Kolkata has the lowest AIDS rate in the country. This is the outcome of various organizations that have come to the rescue of the sex workers there. The use of the condom needs to be made essential for the sex workers. They have the power to refuse their client if he insists on unprotected sex. But the biggest plight faced by the workers is lack of awareness and no means to access their rights.
The India sex industry needs a revolution. It needs to be re created by introducing rights for the welfare of sex workers and their families. Their interests need to be safeguarded and the implementation of rights needs to be looked into.
There are thousands of stories that need to be heard. The heart wrenching difficulties and humiliation suffered by the sex workers needs attention. What we mustn’t forget is that even they are human beings and have the right to a dignified life. If someone falls prey to unfortunate circumstances, is it correct on our part to make them criminals
Wednesday, August 15, 2007
Victims of human trafficking need empathy’
Date:24/07/2007
Andhra Pradesh - Warangal
Staff Reporter
Warangal Collector calls for stern action against traffickers
WARANGAL: District Collector K. Damayanthi has exhorted policemen to adopt empathetic attitude towards women who have fallen victim to human trafficking.
“The fault lies with traffickers who lure innocent girls and hapless women into the world’s oldest profession as none on her own will get into it,” she pointed out.
Inaugurating a two-day orientation programme on anti-human trafficking for policemen at the District Police Office here on Monday, the Collector told the policemen to deal sternly with the traffickers. When the policemen raided brothel houses, the women moved to other places thus spreading the trade from one place to another.
“If we can offer a solution to their problems or can provide them rehabilitation, it will be good. Otherwise, we better not to disturb them. Indeed, we should prevent trafficking,” she pointed out.‘Book cases’
Addressing the participants, DIG, Warangal Range, K. Laxman Mohan, asked the police personnel to book the human traffickers under Preventive Detention Act. He wanted them to identify the traffickers in their respective police station limits.
Superintendent of Police Soumya Mishra said they would henceforth try to provide suitable rehabilitation to prostitutes in the district with the cooperation of other Government agencies
Warangal Collector calls for stern action against traffickers
WARANGAL: District Collector K. Damayanthi has exhorted policemen to adopt empathetic attitude towards women who have fallen victim to human trafficking.
“The fault lies with traffickers who lure innocent girls and hapless women into the world’s oldest profession as none on her own will get into it,” she pointed out.
Inaugurating a two-day orientation programme on anti-human trafficking for policemen at the District Police Office here on Monday, the Collector told the policemen to deal sternly with the traffickers. When the policemen raided brothel houses, the women moved to other places thus spreading the trade from one place to another.
“If we can offer a solution to their problems or can provide them rehabilitation, it will be good. Otherwise, we better not to disturb them. Indeed, we should prevent trafficking,” she pointed out.‘Book cases’
Addressing the participants, DIG, Warangal Range, K. Laxman Mohan, asked the police personnel to book the human traffickers under Preventive Detention Act. He wanted them to identify the traffickers in their respective police station limits.
Superintendent of Police Soumya Mishra said they would henceforth try to provide suitable rehabilitation to prostitutes in the district with the cooperation of other Government agencies
Tuesday, August 14, 2007
International Framework of Laws and Issues Related to Trafficking
Trafficking of human beings is the recruitment, transportation, transfer, harbouring or receipt of people for the purpose of exploitation. Trafficking involves a process of using illicit means such as 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.Exploitation includes forcing people into prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. For children exploitation may include also, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for begging or for sports (such as child camel jockeys or football players).[1]
From Himalayan villages to Eastern European cities, people - especially women and girls - are attracted by the prospect of a well-paid job as a domestic servant, waitress or factory worker. Traffickers recruit victims through fake advertisements, mail-order bride catalogues and casual acquaintances.Trafficking in human beings is a global phenomenon”
Upon arrival at their destination, victims are placed in conditions controlled by traffickers while they are exploited to earn illicit revenues. Many are physically confined, their travel or identity documents are taken away and they or their families are threatened if they do not cooperate. Women and girls forced to work as prostitutes are blackmailed by the threat that traffickers will tell their families. Trafficked children are dependent on their traffickers for food, shelter and other basic necessities. Traffickers also play on victims' fears that authorities in a foreign country will prosecute or deport them if they ask for help.
Trafficking in human beings is a global issue, but a lack of systematic research means that reliable data on the trafficking of human beings that would allow comparative analyses and the design of countermeasures is scarce. There is a need to strengthen the criminal justice response to trafficking through legislative reform, awareness-raising and training, as well as through national and international cooperation. The support and protection of victims who give evidence is key to prosecuting the ringleaders behind the phenomenon.The trafficking of Human beings is a matter of global concern as it involves the violation of fundamental rights. Although numerous seperate abuses that contravene both national and international law are committed during the course of trafficking, it is the combination of the victim's displacement from their community and their commercialsied exploitation that makes traficking distinct. Their is a large body of interantional and national instruments like declarations,conventions and prohibiting trafficking. An overview of selected Internationakl conventrions that regulate trafficking is presented below.
The United Nations obligates States to refrain from committing human rights violations and also to take positive steps to ensure that individuals are able to enjoy their human rights. A State's legal obligations are articulated in human rights instruments, such as treaties and conventions. The UN also drafts politically-binding documents that do not have the force of law, such as declarations and resolutions, but which nevertheless represent important guidelines on States' obligations. More information about the United Nations system, human rights documents and enforcement mechanisms can be accessed from the International Law section of this site.
The United Nations addresses trafficking in women from various directions. First, the UN human rights instruments apply to women and men equally, and are relevant to the kinds of abuses that women suffer in cases of trafficking. In addition, the UN international standards on the treatment of crime victims also obligate States to protect victims of trafficking.
Second, of the types of violence against women addressed by this site, trafficking in women was perhaps the first to receive the attention of the UN as a transnational crime. This section, therefore, includes a historical overview of the UN conceptualization of trafficking, prior to the emergence of an international women's human rights movement.
Third, the UN treaties and resolutions that articulate the rights of women are applicable to the situation of trafficking and define trafficking as a form of gender-based violence. Since the early 1990's, all major UN instruments on States' commitment to ensure women the full enjoyment of their human rights and their protection from violence have included specific obligations to combat trafficking in women.
Fourth, the UN Convention Against Transnational Organized Crime entered into force in September 2003. The accompanying Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children received its 40th ratification in September 2003 and entered into force on December 25, 2003. The Trafficking Protocol contains the international consensus definition of trafficking and sets forth State obligations to prevent trafficking, to protect victims and to prosecute perpetrators of trafficking. For more information on the Trafficking Protocol, please see the section entitled The Trafficking Protocol and Recent Initiatives.
Finally, at its 60th session in April of 2004 the United Nations Commission on Human Rights appointed a Special Rapporteur on Trafficking in Persons, Especially Women and Children for the explicit purpose of focusing on the human rights of victims of trafficking. To do so, the rapporteurâ??s job is to gather and exchange information from governments, non-governmental organizations and victims of trafficking in order to propose appropriate measures to prevent and remedy trafficking violations. Working within the major international instruments and definitions of trafficking, the Special Rapporteur will conduct country visits, publish reports, and take up cases where individual or widespread rights abuses have occurred.
States are obligated to protect the rights of trafficking victims under general human rights instruments. The International Covenant on Civil and Political Rights guarantees women the right to life, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to security of person. This Covenant also grants trafficked persons the right to an effective remedy for acts violating their fundamental human rights. The International Covenant on Economic, Social and Cultural Rights provides such basic guarantees as the right to an adequate standard of living (including food, clothing and housing), the right to the highest attainable standard of physical and mental health, the right to education and the right to favorable work conditions, which includes fair wages, equal pay for equal work and reasonable limitation of working hours.
International agreements relating to forced labor and slavery are also relevant to trafficking practices. The International Labor Organizations Forced Labor Convention (C29) and the Abolition of Forced Labor Convention (C105) set forth the obligation to suppress all forms of forced or compulsory labor, defined by the Forced Labor Convention as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” The Abolition of Forced Labor Convention defines forced labor as a means of racial, social, national or religious discrimination, but does not mention the possibility of sexual discrimination. The UN Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956) defines slavery as the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. The Slavery Convention abolishes the practice of debt bondage where the debtors services are not reasonably applied to the liquidation of his or her debts (Article 1), the practice of promising or giving in marriage on payment a women who is not given the right to refuse (Article 1), and the act or attempt of conveying slaves from one country to another (Article 3).
Under principles of international law, States are obligated to provide adequate support for victims of crimes. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power states that victims are entitled to access the justice system and prompt redress. (Paragraph 4). Regarding assistance, the Declaration states “Victims should receive the necessary material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means. . . . Victims should be informed of the availability of health and social services and other relevant assistance and be readily afforded access to them.” (Paragraphs 14, 15).
1. International Agreement for the supression of the whilte slave traffick - 1904.
The agreement was formulated with the intensioon of securing fo women of full age who have suffered abuse or compulsion against criminal trafic know as the white slave trade.
2. International convention dor the suppression of the white slave Trafic 1910.
This convention criminalised the procuremnt enticemnt or leading away of women or girl under the ager of 21, even with her consent for imormal purose irrespective of whether may have been committed in different countries.
3.. International convention for the supression of Traffic in women and children 1921.
This tretu pf a wp,em pt girlfor immoral purpos, to be caried out in another country.
4. Slavery covention 1926
States parties are enjoyed to discourage all forms of forced labout slavery means the owner's control over another person, without the slves's full informed consent for exploitation.
5.Forced Labour Covention (ILO) 1930.
Article-1 of this convention cals for the suppression of the use of forced or compulsory labour in al its forms as soon as possible.
6.International convention for the suppression of the Traffic in women of full Age 2933.
This coventrion imposes a duty on the signing countries to prohibit, prevent prosecute and /m or puish those
engaged.
7.Universal Declaration of Human Rights (1948)
Article 4 of the Declaration prohibits slavery and the slav trade. Article - 13 recognises the right of persons
to freedom of movement and residence. While Article is recognises every one's right to Nationality.
8. Unconvention for the suppression of the traffic in persons and of the exploitation of the prostitution of others
(1949).
This convention is a compilation of four prvious international convention 1904, 1910, 1921 and 1933. It made provurement, enticement, etc for prostitution punishable, irrespective of the age of the person involved and his/her consent to the same (Article -1). Brothel keeping was also denounced as illegal and punishable Article 20. However, it is limited to traficking for prostitution and related activities.
9.Supplementary convention on the Abolition of slvery, the slave trade, and institutions and practices similar and to slavery 1956 (slavery convention).
This convention condemned a variety of slavery - like practices, including debt bondage and forced marriage, states parties underlock to establish suitable mininmum ages of marriages and encourage the registration os marriages.
10.Abolition of forced Labour convention (ILO) 1957.
Under this convention, states parties under took to abolish any form of forced or compulsor labour that is used as a means to establish political coecion, economic develoment, labout discipline or racial, social, National or religious discrimination.
11.International convenant on civil political Rights (1966)
Forced labour and slavery are prohibited by article of the covenant. Article 24 outlines the rights of children to a just and free childhood.
12.international convention on Economic social and cultural Rights (ICESCR0) 1966
Article 10 of this convention stipulates that states are responsible for protecting children are responsible for protecting children arom exploitation and must lay down the minimim age for their employment.
13.Minimum aghe convention 1973
The aim of this convention was to prohibit abn d regulaten child Labour and restrict the engagement of childrn in hazardous work.
14.Convention on the elimination of all forms of discrimination against women (1979) (CEDAW)
ARTICLE:6 OF CEDAW requires state parties to take all appropriate measures, including legislation, to suppress all forms of traffick in women.
15.United Nations convention against Torture and other cruel; inhuman or Degrading treatment or punishment (1984)
The convention provides against the expulsion or return of a person another state if there are substantial grounds for deeming him/her to be in danger of torture. Victim compensation measures are also stipulate in it.
16.Tourism Bill of rights and the Tourist code (1985)
Adopted by the WTO, the code enjoins that state parties should preclude any posibility of the use of tourism to exploit others for the purpose of prostitution.
17.Convention on the rights of the child (1989)
Article:11 Requires state parties to take measures to combat the illicit transfer and Non-return of children abroad under Article 34 and 35, State parties must take appropiriate National,. bilateral and multilateral steps to protect children from all dforms of sexual exploitation and abuse and also prevent the ebuduction, alse and trafficking of children.
18. Covention on the protection of the Rights of migrant workers (1990).
This covention seeks tyo put on end to the illegal or clndestine recuirtment and traficking of migrant workers and lays down binding International standatds for their treatment. welfare and human rights.
19. The ILO covention the worst forms of child Labour (1999)
Article 3 of this convention defines the worst forms of child labour as comprising of all manifestations of slavery or practices similar ro slvery, such as the sale and trafficking of children, ddebt bondage and servitude and forces or compulsory labour, etc.,
20. Optional protocol to the convention on the Elimination of All forms of discrimination against women (1999).
The protocol enables individuals or groups who have exhausted National remedies to directly aproach the committee set up by the protocol to gain redressal for their grivances
21. UN protocol to prevent, supports abnd punish Traffficking in persons, Especially women and children (2000)
The UN Trafficking protocol seeks to create a global language to define trafficking in perosn. Especially wopmen and children, asist victims of traffickingg of persons. It supplements the united Nations convention Against Transnational organised Crime 2000.
22. Optional protocol to the convention on the rights of the child on the sale of children, child on the sale of
childtren, child prostitution and child pornography 2002 (The sex Trafficking protocol).
This protocol, adapted in May 2003, seks to raise the standards for protectiong children from al forms of sexual exploitation and abuse.
23. Recommended principles and Guidelines on Human Rights and Human Trafficiking (2002)
These standsards were developed by the High commission for Human Rights in 2002, so as to strengthen the Human Rights principle and perspective of the Trafficking. Protocol. The document recommende 17 principles and 11 fuidelines which are meant to facilitate the efective implmentation of the key provisions.
REGIONAL INSTRUMENTS:
At the regional level, there have been several initiatives by the governments of the south Asia and Asia pacific regions ler us see them.
i The Regional intiative agaist Trafficking in women (1998).
ii Asian Regional intiative against Traficiking in persons, especialy, women and children (ARiat) 200,
iii. ASEM (Asia Europe Meeting) Action plan to combat Trafficking in persons especially woment and children 2 2000,
iv Bali conference Trafficking in persons and Relkated Transnational Crime 2002.
v. SAARC convention on preventing and combating the Trafficking in women and children for prostitution 20002.
vi. Convention on Regional arrancgement for the promtion of child welfare 2002.
OTHER INTERNATIONAL INITIATIVE
1. World conference on Human Rights 1993. Vienna, Austris
This confernce took therights of women and children by supporting the creation oif New mechanisms and advocating the unverasl ratification of the convention on the Rights of the child by the year 1995.
2. world congress against the commercial sexual Expploitation of children (1996).
The aims of the world congress were to award high priority and adequate resources dfor action against the commercial exploitation of children.
3.Amsterdam conclusion and also conference (1997)
The conference affirmed that, in orders to eliminate the exploitation of children, poverty eradication and rehabilitation programmes Need to be developed, along with a sound Mechanism to Monitor their progress.
4. The Honolulu Declaration (2002).
This declaration recognise the Need to adres the structural casues of traficking and the forms of exploitation and poverty at it roots. The mobiliasation of a broad coliation was encisaged bringing together concerned agencies organisations and inddividuals to conbat trafficking at the local, National, Regional and International levels.
5. Brussels Declaration on preventing and combating the trafficking in Human Beings (2002).
The Brussels Declaration aims at bringing about European and International co-operation against trafficking for developing concrete measure, standards, best practices assistance and police and Judicial co-operation.
LEGAL FRAME WORK AGAINST TRAFFICKING IN SOUTH ASIAN COUNTRIES:
BANGLADESH:
The Bangladesh constitution gurantees equal rights and equal protection to every one regardless of gender. The fundamental principles of state policy require the state to prevent prostitution. Article 34(1) prohibits all forms of forced labour. The supression of immoral Traffic Act 1933, protects all children up to the age of 18 from sexual exploitation. The women and children repression ;prevention Act 2000 provides stringent penalties against trafficking, Kidnapping, collection random, rape, the sexual exploitation etc., These provisions also apply to both internal and cross broder trafficking. These were the some of the legal frame work in Bangladesh Against Human Trafficking.
BHUTAN:
Thjere is very little information availaqble on the laws of. Bhutan on traficking. In 2001, the UN committe on the Rights of the child considered Bhutan's initial report and noted the absence of legislation on the minimum age of for employment. Their is insufficient data and awarness regarding the Human Trafficking. It also suggested that New laws Need to be promulgated and existing lawa need to be suitably ammended to address these issues.
MALDIVES:
There is no specific law to prohibit or prevent the trafficking in persons. There are no reports of persons being trafficked to from or within the country following Nationwide consultations, the Gopvernment has drawn up a National plan of action on the basis of the Beijing platform for action and the common wealth plan of Action on Gender and Development.
NEPAL:
The constitution of Nepal enshrines the principles of equality and Justice for every citizen witout any discrimination on the basis of race, caste, sex, creed, etc., and safe Guards the human rights of all citizens. The Mulkuki ASin (code of law) 1963. lays down provisions againstInter-state and oher of slavery and domestic trafficking-section decres prison sentences of 20 years for International trafficking and 10 years for attempted sale, plus fines eqalent to the amount of transaction.
The Human Trafficking (control) Actr of 1986. (HTCA) establishes territorial jurisdication for offences committed outside Nepal. Trafficking in Human being (control) Bill 2000 that holds voluntary engagement in sex work as a violation of human rights. Moreover, such a view is likely to tivilaise the serious violations that are committed during trafficking. Further, the anti traficiking lawa in Nepal do not provide for integration or rehabilitation with rescue.
PAKISTAN:
One of pakistan's major problems is the smugling of children to countries in Gulf for camel Jockey an racing. The high profits and the lessening fear of harsh punishment have bolstered syndicates of Human traffickers across “Asia, the middle east and Europe.
The prevention and ocntrol of Human Trafficking ordinance 2002 has been promulgated to deal with all types of human trafficking. It is a comprehensive legislation and is the first iof irs kind in the saarc region. However the ligislation sufers from certain limitations. Also legislation is focused on trans border trafficking and not on domestic trafficking. And the Human trafficking ordinance 2002 defines Human trafficking to include traffickingfor any purpose, viz, prostitution Forced labour and services. It also takes into considerations the organised nature of the crime and presmes the vicarious liability of each member of the traffickers's group by providing for stringergent punishments, the ordinance also includes provisions for the compensations for the victims.
SRILANKA:
IN country trafficking is one of srilanka's major problems s.360 of the srilankan penal code deals with the offfence of traficking defined as the act of buying or seeling or barteting of any person for money or for any other consideration. Those assisting, arranging tyhe travel, recruiting, etc., Said to be traficking and be prostituted.
The national child protection Authority act is a landmart initiative that can help in preventing child abuse and in protecting child abuse and in protecting the rights of children.
INDIA:
The constitution of India, under Article 23(1), prohibits trafficking in hunman beings and forced labour =, this right enforceable against the state and private citizens.
i. The suppressions of immoral Trafic in women and Girls Act (SITA) was enacted under Article 35 of the Indian constitution with the objectieve of abolishing Trafficking it was also pursuance of the UN's trafficking convention which India signed on 9 May 1950.
ii The immoral Traffic (prevention) Act 1956.
Is a special legislation that deals exclusively with trafficking.
iii. The bonded labour system (Abolition0 ct 1976 defines the terms advance agreement ascendant or descendant bonded debt' 'babnded labour” bonded labour system and provides for initiating appropriate action.
iv. Chil;d labour (prohibition and Rgulation Act 1986.
v. The indian Evidence Act 1872 contains s114 AND 151 that are relavent in the context of trafficking.
vi. The two - fold objectieve of the Transportation of Human organ Act 1994.
(a) To provide for the regultion of removal, storage and transplantation of Human organs for therapeutic
purpose and
(b) To prevent commercial dealings in human beings.
however, trafficking was never definde in Indian laws except in the Goa children Act, which is specified to the state of Goa. In India the law has no express provision for confiscating the assets amased by the traffickers, nor does it have provisions for the victim protection. These points should be considered by the concerned authorities so that the laws and provisions are made victim friendly.
Trafficking of human beings is the recruitment, transportation, transfer, harbouring or receipt of people for the purpose of exploitation. Trafficking involves a process of using illicit means such as 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.Exploitation includes forcing people into prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. For children exploitation may include also, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for begging or for sports (such as child camel jockeys or football players).[1]
From Himalayan villages to Eastern European cities, people - especially women and girls - are attracted by the prospect of a well-paid job as a domestic servant, waitress or factory worker. Traffickers recruit victims through fake advertisements, mail-order bride catalogues and casual acquaintances.Trafficking in human beings is a global phenomenon”
Upon arrival at their destination, victims are placed in conditions controlled by traffickers while they are exploited to earn illicit revenues. Many are physically confined, their travel or identity documents are taken away and they or their families are threatened if they do not cooperate. Women and girls forced to work as prostitutes are blackmailed by the threat that traffickers will tell their families. Trafficked children are dependent on their traffickers for food, shelter and other basic necessities. Traffickers also play on victims' fears that authorities in a foreign country will prosecute or deport them if they ask for help.
Trafficking in human beings is a global issue, but a lack of systematic research means that reliable data on the trafficking of human beings that would allow comparative analyses and the design of countermeasures is scarce. There is a need to strengthen the criminal justice response to trafficking through legislative reform, awareness-raising and training, as well as through national and international cooperation. The support and protection of victims who give evidence is key to prosecuting the ringleaders behind the phenomenon.The trafficking of Human beings is a matter of global concern as it involves the violation of fundamental rights. Although numerous seperate abuses that contravene both national and international law are committed during the course of trafficking, it is the combination of the victim's displacement from their community and their commercialsied exploitation that makes traficking distinct. Their is a large body of interantional and national instruments like declarations,conventions and prohibiting trafficking. An overview of selected Internationakl conventrions that regulate trafficking is presented below.
The United Nations obligates States to refrain from committing human rights violations and also to take positive steps to ensure that individuals are able to enjoy their human rights. A State's legal obligations are articulated in human rights instruments, such as treaties and conventions. The UN also drafts politically-binding documents that do not have the force of law, such as declarations and resolutions, but which nevertheless represent important guidelines on States' obligations. More information about the United Nations system, human rights documents and enforcement mechanisms can be accessed from the International Law section of this site.
The United Nations addresses trafficking in women from various directions. First, the UN human rights instruments apply to women and men equally, and are relevant to the kinds of abuses that women suffer in cases of trafficking. In addition, the UN international standards on the treatment of crime victims also obligate States to protect victims of trafficking.
Second, of the types of violence against women addressed by this site, trafficking in women was perhaps the first to receive the attention of the UN as a transnational crime. This section, therefore, includes a historical overview of the UN conceptualization of trafficking, prior to the emergence of an international women's human rights movement.
Third, the UN treaties and resolutions that articulate the rights of women are applicable to the situation of trafficking and define trafficking as a form of gender-based violence. Since the early 1990's, all major UN instruments on States' commitment to ensure women the full enjoyment of their human rights and their protection from violence have included specific obligations to combat trafficking in women.
Fourth, the UN Convention Against Transnational Organized Crime entered into force in September 2003. The accompanying Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children received its 40th ratification in September 2003 and entered into force on December 25, 2003. The Trafficking Protocol contains the international consensus definition of trafficking and sets forth State obligations to prevent trafficking, to protect victims and to prosecute perpetrators of trafficking. For more information on the Trafficking Protocol, please see the section entitled The Trafficking Protocol and Recent Initiatives.
Finally, at its 60th session in April of 2004 the United Nations Commission on Human Rights appointed a Special Rapporteur on Trafficking in Persons, Especially Women and Children for the explicit purpose of focusing on the human rights of victims of trafficking. To do so, the rapporteurâ??s job is to gather and exchange information from governments, non-governmental organizations and victims of trafficking in order to propose appropriate measures to prevent and remedy trafficking violations. Working within the major international instruments and definitions of trafficking, the Special Rapporteur will conduct country visits, publish reports, and take up cases where individual or widespread rights abuses have occurred.
States are obligated to protect the rights of trafficking victims under general human rights instruments. The International Covenant on Civil and Political Rights guarantees women the right to life, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to security of person. This Covenant also grants trafficked persons the right to an effective remedy for acts violating their fundamental human rights. The International Covenant on Economic, Social and Cultural Rights provides such basic guarantees as the right to an adequate standard of living (including food, clothing and housing), the right to the highest attainable standard of physical and mental health, the right to education and the right to favorable work conditions, which includes fair wages, equal pay for equal work and reasonable limitation of working hours.
International agreements relating to forced labor and slavery are also relevant to trafficking practices. The International Labor Organizations Forced Labor Convention (C29) and the Abolition of Forced Labor Convention (C105) set forth the obligation to suppress all forms of forced or compulsory labor, defined by the Forced Labor Convention as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” The Abolition of Forced Labor Convention defines forced labor as a means of racial, social, national or religious discrimination, but does not mention the possibility of sexual discrimination. The UN Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956) defines slavery as the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. The Slavery Convention abolishes the practice of debt bondage where the debtors services are not reasonably applied to the liquidation of his or her debts (Article 1), the practice of promising or giving in marriage on payment a women who is not given the right to refuse (Article 1), and the act or attempt of conveying slaves from one country to another (Article 3).
Under principles of international law, States are obligated to provide adequate support for victims of crimes. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power states that victims are entitled to access the justice system and prompt redress. (Paragraph 4). Regarding assistance, the Declaration states “Victims should receive the necessary material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means. . . . Victims should be informed of the availability of health and social services and other relevant assistance and be readily afforded access to them.” (Paragraphs 14, 15).
1. International Agreement for the supression of the whilte slave traffick - 1904.
The agreement was formulated with the intensioon of securing fo women of full age who have suffered abuse or compulsion against criminal trafic know as the white slave trade.
2. International convention dor the suppression of the white slave Trafic 1910.
This convention criminalised the procuremnt enticemnt or leading away of women or girl under the ager of 21, even with her consent for imormal purose irrespective of whether may have been committed in different countries.
3.. International convention for the supression of Traffic in women and children 1921.
This tretu pf a wp,em pt girlfor immoral purpos, to be caried out in another country.
4. Slavery covention 1926
States parties are enjoyed to discourage all forms of forced labout slavery means the owner's control over another person, without the slves's full informed consent for exploitation.
5.Forced Labour Covention (ILO) 1930.
Article-1 of this convention cals for the suppression of the use of forced or compulsory labour in al its forms as soon as possible.
6.International convention for the suppression of the Traffic in women of full Age 2933.
This coventrion imposes a duty on the signing countries to prohibit, prevent prosecute and /m or puish those
engaged.
7.Universal Declaration of Human Rights (1948)
Article 4 of the Declaration prohibits slavery and the slav trade. Article - 13 recognises the right of persons
to freedom of movement and residence. While Article is recognises every one's right to Nationality.
8. Unconvention for the suppression of the traffic in persons and of the exploitation of the prostitution of others
(1949).
This convention is a compilation of four prvious international convention 1904, 1910, 1921 and 1933. It made provurement, enticement, etc for prostitution punishable, irrespective of the age of the person involved and his/her consent to the same (Article -1). Brothel keeping was also denounced as illegal and punishable Article 20. However, it is limited to traficking for prostitution and related activities.
9.Supplementary convention on the Abolition of slvery, the slave trade, and institutions and practices similar and to slavery 1956 (slavery convention).
This convention condemned a variety of slavery - like practices, including debt bondage and forced marriage, states parties underlock to establish suitable mininmum ages of marriages and encourage the registration os marriages.
10.Abolition of forced Labour convention (ILO) 1957.
Under this convention, states parties under took to abolish any form of forced or compulsor labour that is used as a means to establish political coecion, economic develoment, labout discipline or racial, social, National or religious discrimination.
11.International convenant on civil political Rights (1966)
Forced labour and slavery are prohibited by article of the covenant. Article 24 outlines the rights of children to a just and free childhood.
12.international convention on Economic social and cultural Rights (ICESCR0) 1966
Article 10 of this convention stipulates that states are responsible for protecting children are responsible for protecting children arom exploitation and must lay down the minimim age for their employment.
13.Minimum aghe convention 1973
The aim of this convention was to prohibit abn d regulaten child Labour and restrict the engagement of childrn in hazardous work.
14.Convention on the elimination of all forms of discrimination against women (1979) (CEDAW)
ARTICLE:6 OF CEDAW requires state parties to take all appropriate measures, including legislation, to suppress all forms of traffick in women.
15.United Nations convention against Torture and other cruel; inhuman or Degrading treatment or punishment (1984)
The convention provides against the expulsion or return of a person another state if there are substantial grounds for deeming him/her to be in danger of torture. Victim compensation measures are also stipulate in it.
16.Tourism Bill of rights and the Tourist code (1985)
Adopted by the WTO, the code enjoins that state parties should preclude any posibility of the use of tourism to exploit others for the purpose of prostitution.
17.Convention on the rights of the child (1989)
Article:11 Requires state parties to take measures to combat the illicit transfer and Non-return of children abroad under Article 34 and 35, State parties must take appropiriate National,. bilateral and multilateral steps to protect children from all dforms of sexual exploitation and abuse and also prevent the ebuduction, alse and trafficking of children.
18. Covention on the protection of the Rights of migrant workers (1990).
This covention seeks tyo put on end to the illegal or clndestine recuirtment and traficking of migrant workers and lays down binding International standatds for their treatment. welfare and human rights.
19. The ILO covention the worst forms of child Labour (1999)
Article 3 of this convention defines the worst forms of child labour as comprising of all manifestations of slavery or practices similar ro slvery, such as the sale and trafficking of children, ddebt bondage and servitude and forces or compulsory labour, etc.,
20. Optional protocol to the convention on the Elimination of All forms of discrimination against women (1999).
The protocol enables individuals or groups who have exhausted National remedies to directly aproach the committee set up by the protocol to gain redressal for their grivances
21. UN protocol to prevent, supports abnd punish Traffficking in persons, Especially women and children (2000)
The UN Trafficking protocol seeks to create a global language to define trafficking in perosn. Especially wopmen and children, asist victims of traffickingg of persons. It supplements the united Nations convention Against Transnational organised Crime 2000.
22. Optional protocol to the convention on the rights of the child on the sale of children, child on the sale of
childtren, child prostitution and child pornography 2002 (The sex Trafficking protocol).
This protocol, adapted in May 2003, seks to raise the standards for protectiong children from al forms of sexual exploitation and abuse.
23. Recommended principles and Guidelines on Human Rights and Human Trafficiking (2002)
These standsards were developed by the High commission for Human Rights in 2002, so as to strengthen the Human Rights principle and perspective of the Trafficking. Protocol. The document recommende 17 principles and 11 fuidelines which are meant to facilitate the efective implmentation of the key provisions.
REGIONAL INSTRUMENTS:
At the regional level, there have been several initiatives by the governments of the south Asia and Asia pacific regions ler us see them.
i The Regional intiative agaist Trafficking in women (1998).
ii Asian Regional intiative against Traficiking in persons, especialy, women and children (ARiat) 200,
iii. ASEM (Asia Europe Meeting) Action plan to combat Trafficking in persons especially woment and children 2 2000,
iv Bali conference Trafficking in persons and Relkated Transnational Crime 2002.
v. SAARC convention on preventing and combating the Trafficking in women and children for prostitution 20002.
vi. Convention on Regional arrancgement for the promtion of child welfare 2002.
OTHER INTERNATIONAL INITIATIVE
1. World conference on Human Rights 1993. Vienna, Austris
This confernce took therights of women and children by supporting the creation oif New mechanisms and advocating the unverasl ratification of the convention on the Rights of the child by the year 1995.
2. world congress against the commercial sexual Expploitation of children (1996).
The aims of the world congress were to award high priority and adequate resources dfor action against the commercial exploitation of children.
3.Amsterdam conclusion and also conference (1997)
The conference affirmed that, in orders to eliminate the exploitation of children, poverty eradication and rehabilitation programmes Need to be developed, along with a sound Mechanism to Monitor their progress.
4. The Honolulu Declaration (2002).
This declaration recognise the Need to adres the structural casues of traficking and the forms of exploitation and poverty at it roots. The mobiliasation of a broad coliation was encisaged bringing together concerned agencies organisations and inddividuals to conbat trafficking at the local, National, Regional and International levels.
5. Brussels Declaration on preventing and combating the trafficking in Human Beings (2002).
The Brussels Declaration aims at bringing about European and International co-operation against trafficking for developing concrete measure, standards, best practices assistance and police and Judicial co-operation.
LEGAL FRAME WORK AGAINST TRAFFICKING IN SOUTH ASIAN COUNTRIES:
BANGLADESH:
The Bangladesh constitution gurantees equal rights and equal protection to every one regardless of gender. The fundamental principles of state policy require the state to prevent prostitution. Article 34(1) prohibits all forms of forced labour. The supression of immoral Traffic Act 1933, protects all children up to the age of 18 from sexual exploitation. The women and children repression ;prevention Act 2000 provides stringent penalties against trafficking, Kidnapping, collection random, rape, the sexual exploitation etc., These provisions also apply to both internal and cross broder trafficking. These were the some of the legal frame work in Bangladesh Against Human Trafficking.
BHUTAN:
Thjere is very little information availaqble on the laws of. Bhutan on traficking. In 2001, the UN committe on the Rights of the child considered Bhutan's initial report and noted the absence of legislation on the minimum age of for employment. Their is insufficient data and awarness regarding the Human Trafficking. It also suggested that New laws Need to be promulgated and existing lawa need to be suitably ammended to address these issues.
MALDIVES:
There is no specific law to prohibit or prevent the trafficking in persons. There are no reports of persons being trafficked to from or within the country following Nationwide consultations, the Gopvernment has drawn up a National plan of action on the basis of the Beijing platform for action and the common wealth plan of Action on Gender and Development.
NEPAL:
The constitution of Nepal enshrines the principles of equality and Justice for every citizen witout any discrimination on the basis of race, caste, sex, creed, etc., and safe Guards the human rights of all citizens. The Mulkuki ASin (code of law) 1963. lays down provisions againstInter-state and oher of slavery and domestic trafficking-section decres prison sentences of 20 years for International trafficking and 10 years for attempted sale, plus fines eqalent to the amount of transaction.
The Human Trafficking (control) Actr of 1986. (HTCA) establishes territorial jurisdication for offences committed outside Nepal. Trafficking in Human being (control) Bill 2000 that holds voluntary engagement in sex work as a violation of human rights. Moreover, such a view is likely to tivilaise the serious violations that are committed during trafficking. Further, the anti traficiking lawa in Nepal do not provide for integration or rehabilitation with rescue.
PAKISTAN:
One of pakistan's major problems is the smugling of children to countries in Gulf for camel Jockey an racing. The high profits and the lessening fear of harsh punishment have bolstered syndicates of Human traffickers across “Asia, the middle east and Europe.
The prevention and ocntrol of Human Trafficking ordinance 2002 has been promulgated to deal with all types of human trafficking. It is a comprehensive legislation and is the first iof irs kind in the saarc region. However the ligislation sufers from certain limitations. Also legislation is focused on trans border trafficking and not on domestic trafficking. And the Human trafficking ordinance 2002 defines Human trafficking to include traffickingfor any purpose, viz, prostitution Forced labour and services. It also takes into considerations the organised nature of the crime and presmes the vicarious liability of each member of the traffickers's group by providing for stringergent punishments, the ordinance also includes provisions for the compensations for the victims.
SRILANKA:
IN country trafficking is one of srilanka's major problems s.360 of the srilankan penal code deals with the offfence of traficking defined as the act of buying or seeling or barteting of any person for money or for any other consideration. Those assisting, arranging tyhe travel, recruiting, etc., Said to be traficking and be prostituted.
The national child protection Authority act is a landmart initiative that can help in preventing child abuse and in protecting child abuse and in protecting the rights of children.
INDIA:
The constitution of India, under Article 23(1), prohibits trafficking in hunman beings and forced labour =, this right enforceable against the state and private citizens.
i. The suppressions of immoral Trafic in women and Girls Act (SITA) was enacted under Article 35 of the Indian constitution with the objectieve of abolishing Trafficking it was also pursuance of the UN's trafficking convention which India signed on 9 May 1950.
ii The immoral Traffic (prevention) Act 1956.
Is a special legislation that deals exclusively with trafficking.
iii. The bonded labour system (Abolition0 ct 1976 defines the terms advance agreement ascendant or descendant bonded debt' 'babnded labour” bonded labour system and provides for initiating appropriate action.
iv. Chil;d labour (prohibition and Rgulation Act 1986.
v. The indian Evidence Act 1872 contains s114 AND 151 that are relavent in the context of trafficking.
vi. The two - fold objectieve of the Transportation of Human organ Act 1994.
(a) To provide for the regultion of removal, storage and transplantation of Human organs for therapeutic
purpose and
(b) To prevent commercial dealings in human beings.
however, trafficking was never definde in Indian laws except in the Goa children Act, which is specified to the state of Goa. In India the law has no express provision for confiscating the assets amased by the traffickers, nor does it have provisions for the victim protection. These points should be considered by the concerned authorities so that the laws and provisions are made victim friendly.
Five minors rescued from Maharashtra brothels
NEWS
Kolkata, August 5: The Anti-Human Trafficking Unit (AHTU), which was inaugrated a month back, has rescued seven young girls from Mumbai and other suburbs of Maharashtra and brought them back to Kolkata.
A six-member team went to Maharashtra to rescue the girls, who were trafficked from South 24-Parganas and North 24-Parganas.
The girls were sold in various parts of Maharashtra for being used as commercial sex workers. The AHTU team visited Mumbai, Pune, Thane and Kalyan of Maharashtra and rescued the girls.
Of the seven, five are minors. Six of them are from South 24-Parganas and one is from Barasat in North 24- Parganas.
Officials said in most of the cases, the touts were either female traffickers or young men. After questioning the girls, AHTU officials have not ruled out the involvement of acquaintances or relatives.
Officials said that one of girl’s father had sold her to tout, who had taken her to Maharastra.
“After conducting a preliminary investigation, we believe that one of theminor’s father might have taken a sum of Rs 1 lakh from the tout,” said Sanjay Mukherjee, DIG, CID.
At present, the girls are staying in a city-based NGO. They will be handed to their parents. But if the parents are involved in the trafficking, the girls will not be returned to them, officials stated.
“Many cases have been reported from South 24-Parganas. We will send more teams to Maharashtra soon to rescue more girls from different parts of the state,” added Mukherjee.
According to police data, in four different operations conducted in the past three months, 20 traffickers were arrested and 14 child victims rescued.
Recently, the state government has decided to form a network to fight the menace of human trafficking. The social welfare department will act the nodal agency.
The health, backward classes welfare, self-help group and self-employment, panchayat and rural development departments will be a part of the network.
Police, CID, NGOs and the state women’s commission will play a key role in the initiative.
The primary objective of the network, the first of its kind in the country, is to spread awareness among the people both in the city and the rural areas so that they do not fall prey to this menace.
The network comes with the assurance of economic independence and proper rehabilitation of victims.
The state government has allotted Rs 1 crore for this purpose. The network was formed following a report on human trafficking prepared jointly by three Calcutta, North Bengal and Burdwan universities
Kolkata, August 5: The Anti-Human Trafficking Unit (AHTU), which was inaugrated a month back, has rescued seven young girls from Mumbai and other suburbs of Maharashtra and brought them back to Kolkata.
A six-member team went to Maharashtra to rescue the girls, who were trafficked from South 24-Parganas and North 24-Parganas.
The girls were sold in various parts of Maharashtra for being used as commercial sex workers. The AHTU team visited Mumbai, Pune, Thane and Kalyan of Maharashtra and rescued the girls.
Of the seven, five are minors. Six of them are from South 24-Parganas and one is from Barasat in North 24- Parganas.
Officials said in most of the cases, the touts were either female traffickers or young men. After questioning the girls, AHTU officials have not ruled out the involvement of acquaintances or relatives.
Officials said that one of girl’s father had sold her to tout, who had taken her to Maharastra.
“After conducting a preliminary investigation, we believe that one of theminor’s father might have taken a sum of Rs 1 lakh from the tout,” said Sanjay Mukherjee, DIG, CID.
At present, the girls are staying in a city-based NGO. They will be handed to their parents. But if the parents are involved in the trafficking, the girls will not be returned to them, officials stated.
“Many cases have been reported from South 24-Parganas. We will send more teams to Maharashtra soon to rescue more girls from different parts of the state,” added Mukherjee.
According to police data, in four different operations conducted in the past three months, 20 traffickers were arrested and 14 child victims rescued.
Recently, the state government has decided to form a network to fight the menace of human trafficking. The social welfare department will act the nodal agency.
The health, backward classes welfare, self-help group and self-employment, panchayat and rural development departments will be a part of the network.
Police, CID, NGOs and the state women’s commission will play a key role in the initiative.
The primary objective of the network, the first of its kind in the country, is to spread awareness among the people both in the city and the rural areas so that they do not fall prey to this menace.
The network comes with the assurance of economic independence and proper rehabilitation of victims.
The state government has allotted Rs 1 crore for this purpose. The network was formed following a report on human trafficking prepared jointly by three Calcutta, North Bengal and Burdwan universities
Two women held for forcing minor girls into flesh trade
NEWS
Express News Service
Pune, August 13: THE Faraskhana police arrested two women on charges of running a prostitution racket involving minor girls, on Sunday night.
Bhagyashree Shekhya Nayak (30) and Kamala Gopi Nayak (35), both natives of Andhra Pradesh were arrested and five girls ranging from 17 to 20 years of age were rescued in the process. While three of the girls are from Bangladesh, two are from Andhra Pradesh. The women would dupe young girls, bring them to the city and force them into prostitution, police said.
They would also take away their earnings leaving them with no means of escape.
The duo were booked under the Prevention of Immoral Trafficking Act (PITA) and were charged for kidnapping. The police sought a 7-day police custody for interrogating them about the brothel owner and other agents involved. They have been remanded to police custody till Wednesday.
In another case, Tara Manbahadur Tamang (50), a native of Nepal who was had been arrested on August 10 for running a brothel in Shukrawar Peth, was remanded to custody till August 27. A girl from West Bengal, had been rescued earlier from the brothel.
Police are on the lookout for a woman named Jayanti who allegedly sold the girl to Tamang
Express News Service
Pune, August 13: THE Faraskhana police arrested two women on charges of running a prostitution racket involving minor girls, on Sunday night.
Bhagyashree Shekhya Nayak (30) and Kamala Gopi Nayak (35), both natives of Andhra Pradesh were arrested and five girls ranging from 17 to 20 years of age were rescued in the process. While three of the girls are from Bangladesh, two are from Andhra Pradesh. The women would dupe young girls, bring them to the city and force them into prostitution, police said.
They would also take away their earnings leaving them with no means of escape.
The duo were booked under the Prevention of Immoral Trafficking Act (PITA) and were charged for kidnapping. The police sought a 7-day police custody for interrogating them about the brothel owner and other agents involved. They have been remanded to police custody till Wednesday.
In another case, Tara Manbahadur Tamang (50), a native of Nepal who was had been arrested on August 10 for running a brothel in Shukrawar Peth, was remanded to custody till August 27. A girl from West Bengal, had been rescued earlier from the brothel.
Police are on the lookout for a woman named Jayanti who allegedly sold the girl to Tamang
Saturday, August 11, 2007
Repatriation of trafficking victims is a fundamental right
Repatriation of trafficking victims is a fundamental right
Mr. Abdul Gafurvs.Secretary, Ministry of Foreign Affair, Govt. of Bangladesh and anotherHigh Court Division (Special Original Jurisdiction)Judge Mozammel HoqueMd. Hassan Ameen. JJ.
Date of Judgment: The 14th of August, 1997
Petitioner's daughter Hasina Begum aged about 15 years was missing since March, 1992. In November, 1996 it was learnt that she was being lodged a Women's Home at Lilua, West Bengal, India. She was a victim of atrocities and violence perpetrated by women traffickers. Her father approached the Government of Bangladesh for bringing her home but to no avail. The High Court Division directed the Secretary, Ministry of Foreign Affairs to initiate appropriate actions at the state level for effecting repatriation of victim Hasina Begum and to inform the developments to the petitioners from time to time. (Para-7)Mrs. Seema Zahur, Advocate for the Petitioner.Mr. Md. Mahhub Ali, A.A.G., for the Respondents
JudgmentMd. Hasan Ameen, J: . . . 2. Facts in short necessary for the purpose of disposal of this writ petition may be stated as follows:- That the elder daughter of the petitioner namely Hasina Begume aged 15 years was lost from village Arichpur , Tongi in March, 1992 and her whereabouts could not be known in spite of best effort by the petitioner. However in the month of November, 1996 he met a lady . . . from India [who] told him that his daughter is in M.M.M. House, situated in No. 8 street, Post Lilua under police Station Bali, District-Howrah, India. The petitioner then wrote a letter to Chairman, Human Right Bureau, Dhaka to bring back his daughter on 21.11.96 (Annexure-A). The further case of the petitioner is that Bangladesh Jatiyo Mahila Aynjibi Samity somehow managed to meet with his daughter and requested the Additional Secretary under the Respondent No.1 through letters dated 27.1.97 and 25.3.97 about the victim Hasina and some others for their repatriation who had been taken out of Bangladesh by child traffics on false pretext and perpetuated heinous crime upon her vide Annexures-B and C. In the meantime the victim Hasina sent a letter to her maternal grand father to get her back from the said home where she is passing her days in great distress. The Jatiya Mohila Aynjibi Samity further wrote a letter to “Sanlap”, a woman's right centre, a social registered non-government organisation society in India for accurate information of the victim Hasina who sent information that Hasina aged 23 years was admitted in Lilua Home on 25.11.92 with reference to Bhagabongola P.S. C/No. 72/92 dated 19.3.92 . . . but the Respondents did not take any step for repatriation of the victim. Hence the petitioner has been forced to file this writ petition for speedy and efficacious relief.
3. The Respondents did not turn up in this court in spite of due service of notice upon them which proves their negative attitude toward the issue.
4. We have heard Mrs. Seema Zahur, the learned Advocate for the petitioner who took us through the writ petition along with the Annexure referred thereto. Mrs. Seema Zahur the learned Advocate for the petitioner submits that the victim Hasina Begum a citizen of Bangladesh having been abducted from Bangladesh and taken to Calcutta detained in custody is legally entitled to get protection of law under Articles 31 and 32 of the Constitution of Bangladesh through the High Commission of Bangladesh in India to provide her legal support. She further submits that the victim girl being a citizen of Bangladesh is entitled to be looked after by the Respondent No. 1 in Calcutta, India , as Article 31 makes an obligation on the part of the government to give protection to its citizen in any party of the government to give protection to its citizen in any part of the world and that she has been denied her right to get equal protection of law by the Respondents in spite of their knowledge under Article 27 of the Constitution. She finally submits that much time has passed by this time and it is now high time to direct the Respondents for making negotiation in state level for repatriation of the victim who has got not fault of her own in such state of affairs.
5. It may be recalled that the Respondents did not file any affidavit denying the contentions of the petitioner and as such the allegations so brought thereto remained uncontroversial i.e. there is no denial that the victim is not a Bangladeshi and that she crossed the border and entered in to the territory of India at her own will.
In order to refresh our memory we may be permitted to quote the relevant provision of the Constitution. The Article 27 provides that
“all citizens are equal before law and are entitled to equal protection of law”
Article 31 runs as follows:“To enjoy the protection of law, and to be treated in accordance with law and only in accordance with law, is the inalienable right of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in particulars no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”.
This particular provision of the Constitution is in aid of the petitioner and the in action of the Respondents is a clear proof of denial of any assistant to the petitioner by the Government agency who (victim) is languishing in foreign soil in connection with a case.
6. The absence of the respondents justifies the claim of the petitioner that they (respondents) did not take any step in the matter through state agency, which proves in equal treatment towards its citizen. The principle of fairness in government acting requires the government functionaries must act according to law and must perform their duties on good faith, public accountability and acceptance demand that government action must correspond to good conscience and fair play. In the instant case, we are constrained to hold the concept of fairness, fair play and legitimate expectation have been found by the Respondents and minimum fairness was not exhibited in dealing with the case which is unfortunate no doubt. The common expectation is that the Respondents would take up the matter in state level in order to bring back the victim, a citizen of this country who is languishing in foreign territory for no fault of her own for more than 5 years. The respondents ought to have taken steps long ago and kept the petitioner informed about its result. In the circumstances we find no word to console the petitioner save and except to disapprove the actions and behaviour of the Respondents.
7. In the premises of the above facts and circumstances the Rule is made absolute. Let the Respondents be directed to initiate action in the matter through state level for repatriation of the victim Hasina Begum and inform the result to the petitioner from time to time. Considering the facts of the case we make no order as to cost.
8. Let the Respondent No. 1 be directed to take steps to repatriate the victim Hasina Begum after taking upon the matter with their counter part in India within 60 days from receipt of copy of this judgment with compliance to the Registrar of the Supreme Court of Bangladesh. High Court Division who will report the matter to this Bench in due course.
This is the abridged version of the judgement.
Gafur vs State: Case analysis
Renee Gerber
Trafficking in persons the forcible transporting of people in order to exploit them is the most abominable form of human rights abuse, and it disproportionately harms the poorest and most disadvantaged people in the world. In Bangladesh, the demand for cheap labor in urban areas and the growing global sex trade make the poor and especially women and children vulnerable to trafficking. Traffickers exploit them for prostitution, sexual abuse, forced labor, camel jockeying, cheap or bonded labor, domestic servitude, organ sales, or forced marriage. Victims may be trafficked within the country or to foreign destinations such as India, Pakistan, the Gulf States, and Europe. While there are no reliable data on the actual number of persons being trafficked in and from Bangladesh, the Ministry of Home Affairs considers the number to be significant.
Many factors contribute to ensuring a supply of trafficking victims, including poverty, unstable home environments, and social pressures. Widespread lack of education and landlessness reinforce these factors, as do natural events that cause people's displacement, such as Bangladesh's frequent flooding and cyclones.
The legal system alone cannot prevent the abuse of vulnerable members of society. However, laws do provide a mechanism for victims and survivors to assert their rights and for society to punish wrongdoers in order to prevent future wrongs. In the past decade, Bangladesh's courts and legal systems have taken commendable and significant strides in the fight against this modern-day slavery.
Gafur v. Bangladesh, a 1997 Supreme Court case, is one of the most important examples of this progress. In ruling that the government of Bangladesh had a duty to rescue and repatriate Mr. Gafur's daughter who had been trafficked to India, the Supreme Court established that repatriation of trafficking victims is a fundamental right under the Constitution. Relying on the language of the Constitution itself, the Court made it clear that victims' repatriation is not simply desirable, but absolutely required by law. The judgment also provided harsh scrutiny of the government for failing to immediately intervene on behalf of the victim and for ignoring Mr. Gafur's case by not coming to court. This ruling reveals the Court urging the government to take trafficking cases more seriously, and this case signifies a turning point in how Bangladesh's government deals with trafficking victims and their rights.
-Renee Gerber is a student at Harvard Law School in the United States and a summer intern of The Daywalka Foundation in Dhaka
Mr. Abdul Gafurvs.Secretary, Ministry of Foreign Affair, Govt. of Bangladesh and anotherHigh Court Division (Special Original Jurisdiction)Judge Mozammel HoqueMd. Hassan Ameen. JJ.
Date of Judgment: The 14th of August, 1997
Petitioner's daughter Hasina Begum aged about 15 years was missing since March, 1992. In November, 1996 it was learnt that she was being lodged a Women's Home at Lilua, West Bengal, India. She was a victim of atrocities and violence perpetrated by women traffickers. Her father approached the Government of Bangladesh for bringing her home but to no avail. The High Court Division directed the Secretary, Ministry of Foreign Affairs to initiate appropriate actions at the state level for effecting repatriation of victim Hasina Begum and to inform the developments to the petitioners from time to time. (Para-7)Mrs. Seema Zahur, Advocate for the Petitioner.Mr. Md. Mahhub Ali, A.A.G., for the Respondents
JudgmentMd. Hasan Ameen, J: . . . 2. Facts in short necessary for the purpose of disposal of this writ petition may be stated as follows:- That the elder daughter of the petitioner namely Hasina Begume aged 15 years was lost from village Arichpur , Tongi in March, 1992 and her whereabouts could not be known in spite of best effort by the petitioner. However in the month of November, 1996 he met a lady . . . from India [who] told him that his daughter is in M.M.M. House, situated in No. 8 street, Post Lilua under police Station Bali, District-Howrah, India. The petitioner then wrote a letter to Chairman, Human Right Bureau, Dhaka to bring back his daughter on 21.11.96 (Annexure-A). The further case of the petitioner is that Bangladesh Jatiyo Mahila Aynjibi Samity somehow managed to meet with his daughter and requested the Additional Secretary under the Respondent No.1 through letters dated 27.1.97 and 25.3.97 about the victim Hasina and some others for their repatriation who had been taken out of Bangladesh by child traffics on false pretext and perpetuated heinous crime upon her vide Annexures-B and C. In the meantime the victim Hasina sent a letter to her maternal grand father to get her back from the said home where she is passing her days in great distress. The Jatiya Mohila Aynjibi Samity further wrote a letter to “Sanlap”, a woman's right centre, a social registered non-government organisation society in India for accurate information of the victim Hasina who sent information that Hasina aged 23 years was admitted in Lilua Home on 25.11.92 with reference to Bhagabongola P.S. C/No. 72/92 dated 19.3.92 . . . but the Respondents did not take any step for repatriation of the victim. Hence the petitioner has been forced to file this writ petition for speedy and efficacious relief.
3. The Respondents did not turn up in this court in spite of due service of notice upon them which proves their negative attitude toward the issue.
4. We have heard Mrs. Seema Zahur, the learned Advocate for the petitioner who took us through the writ petition along with the Annexure referred thereto. Mrs. Seema Zahur the learned Advocate for the petitioner submits that the victim Hasina Begum a citizen of Bangladesh having been abducted from Bangladesh and taken to Calcutta detained in custody is legally entitled to get protection of law under Articles 31 and 32 of the Constitution of Bangladesh through the High Commission of Bangladesh in India to provide her legal support. She further submits that the victim girl being a citizen of Bangladesh is entitled to be looked after by the Respondent No. 1 in Calcutta, India , as Article 31 makes an obligation on the part of the government to give protection to its citizen in any party of the government to give protection to its citizen in any part of the world and that she has been denied her right to get equal protection of law by the Respondents in spite of their knowledge under Article 27 of the Constitution. She finally submits that much time has passed by this time and it is now high time to direct the Respondents for making negotiation in state level for repatriation of the victim who has got not fault of her own in such state of affairs.
5. It may be recalled that the Respondents did not file any affidavit denying the contentions of the petitioner and as such the allegations so brought thereto remained uncontroversial i.e. there is no denial that the victim is not a Bangladeshi and that she crossed the border and entered in to the territory of India at her own will.
In order to refresh our memory we may be permitted to quote the relevant provision of the Constitution. The Article 27 provides that
“all citizens are equal before law and are entitled to equal protection of law”
Article 31 runs as follows:“To enjoy the protection of law, and to be treated in accordance with law and only in accordance with law, is the inalienable right of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in particulars no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”.
This particular provision of the Constitution is in aid of the petitioner and the in action of the Respondents is a clear proof of denial of any assistant to the petitioner by the Government agency who (victim) is languishing in foreign soil in connection with a case.
6. The absence of the respondents justifies the claim of the petitioner that they (respondents) did not take any step in the matter through state agency, which proves in equal treatment towards its citizen. The principle of fairness in government acting requires the government functionaries must act according to law and must perform their duties on good faith, public accountability and acceptance demand that government action must correspond to good conscience and fair play. In the instant case, we are constrained to hold the concept of fairness, fair play and legitimate expectation have been found by the Respondents and minimum fairness was not exhibited in dealing with the case which is unfortunate no doubt. The common expectation is that the Respondents would take up the matter in state level in order to bring back the victim, a citizen of this country who is languishing in foreign territory for no fault of her own for more than 5 years. The respondents ought to have taken steps long ago and kept the petitioner informed about its result. In the circumstances we find no word to console the petitioner save and except to disapprove the actions and behaviour of the Respondents.
7. In the premises of the above facts and circumstances the Rule is made absolute. Let the Respondents be directed to initiate action in the matter through state level for repatriation of the victim Hasina Begum and inform the result to the petitioner from time to time. Considering the facts of the case we make no order as to cost.
8. Let the Respondent No. 1 be directed to take steps to repatriate the victim Hasina Begum after taking upon the matter with their counter part in India within 60 days from receipt of copy of this judgment with compliance to the Registrar of the Supreme Court of Bangladesh. High Court Division who will report the matter to this Bench in due course.
This is the abridged version of the judgement.
Gafur vs State: Case analysis
Renee Gerber
Trafficking in persons the forcible transporting of people in order to exploit them is the most abominable form of human rights abuse, and it disproportionately harms the poorest and most disadvantaged people in the world. In Bangladesh, the demand for cheap labor in urban areas and the growing global sex trade make the poor and especially women and children vulnerable to trafficking. Traffickers exploit them for prostitution, sexual abuse, forced labor, camel jockeying, cheap or bonded labor, domestic servitude, organ sales, or forced marriage. Victims may be trafficked within the country or to foreign destinations such as India, Pakistan, the Gulf States, and Europe. While there are no reliable data on the actual number of persons being trafficked in and from Bangladesh, the Ministry of Home Affairs considers the number to be significant.
Many factors contribute to ensuring a supply of trafficking victims, including poverty, unstable home environments, and social pressures. Widespread lack of education and landlessness reinforce these factors, as do natural events that cause people's displacement, such as Bangladesh's frequent flooding and cyclones.
The legal system alone cannot prevent the abuse of vulnerable members of society. However, laws do provide a mechanism for victims and survivors to assert their rights and for society to punish wrongdoers in order to prevent future wrongs. In the past decade, Bangladesh's courts and legal systems have taken commendable and significant strides in the fight against this modern-day slavery.
Gafur v. Bangladesh, a 1997 Supreme Court case, is one of the most important examples of this progress. In ruling that the government of Bangladesh had a duty to rescue and repatriate Mr. Gafur's daughter who had been trafficked to India, the Supreme Court established that repatriation of trafficking victims is a fundamental right under the Constitution. Relying on the language of the Constitution itself, the Court made it clear that victims' repatriation is not simply desirable, but absolutely required by law. The judgment also provided harsh scrutiny of the government for failing to immediately intervene on behalf of the victim and for ignoring Mr. Gafur's case by not coming to court. This ruling reveals the Court urging the government to take trafficking cases more seriously, and this case signifies a turning point in how Bangladesh's government deals with trafficking victims and their rights.
-Renee Gerber is a student at Harvard Law School in the United States and a summer intern of The Daywalka Foundation in Dhaka
Friday, August 10, 2007
Untying the knot
Issue Date: Wednesday, August 08, 2007
A new Child Marriage Prohibition Act has just replaced the Child Marriage Restraint Act of 1929. But legal experts claim that it is flawed, reports Saheli Mitra
On July 16 this year, a 15-year-old girl married to an already married man was tortured and murdered for dowry, not in a remote village but in the heart of Calcutta.
Grassroots worker Shakuntala Verma’s hands were hacked off when she urged members of her community in rural Madhya Pradesh not to solemnise a child marriage.
Incidents such as these are not few and far between. In fact, some alarming statistics collated by the National Family Health Survey in recent times reveal that over 40 percent of marriages in India involve girls below 16 years of age. In states like Bihar, Rajasthan, Uttar Pradesh and Madhya Pradesh, the number of child marriages is as high as 70 per cent.
In the wake of such incidents which seem to hit the headlines at regular intervals, the Child Marriage Restraint Act of 1929 has finally been repealed. In its place, a new Child Marriage Prohibition Act has been passed by Parliament.
The Act received the President’s approval this year and was published for the first time in the Gazette of India in January 2007.
“The new Act has introduced a number of changes but it has also thrown up a plethora of controversies,” says legal expert B.B. Ghosh. Non-governmental organisations such as Prayas, Prakriti and Joint Women’s Programme, which fight for women’s rights, have already sent a joint letter to the President declaring “the new Act is toothless and unable to address issues on the ground”.
“A major shortcoming of the Child Marriage Prohibition Act is that instead of declaring every child marriage void, it places the onus of declaring such a marriage void on the child or her guardians who can file legal proceedings against the marriage,” explains Sunil Kumar Mitra, senior lawyer, Calcutta High Court, and president of Incorporated Law Society, a body of lawyers and solicitors of Calcutta High Court recognised by the West Bengal government. “Considering the social pressures surrounding such marriages, it is highly unlikely that parents will ever move court,” he points out.
The Act states every child marriage shall be void at the option of the contracting party who was a child at the time of marriage (females have to be 18 years and males 21 years to be recognised as adults). The marriage can be annulled by the filing of a petition at the district court or before the child marriage prohibition officer by the child’s guardian or by the contracting party after he or she attains adulthood. Therefore, there’s hardly any independent authority to look into the matter other than those involved themselves.
Many believe that the appointment of child marriage prohibition officers by state governments will not be of much help. This, despite the fact that such officers will have the jurisdiction to look into cases of child marriages in a particular area. They will have the power to prevent such marriages from being solemnised and sensitise the community against the evils of such a practice. They will be able to collect evidence and prosecute those involved in the crime. The officers will be considered public servants and no legal proceedings may be started against them in view of the work they do.
“But what happens in villages and towns where officials can be easily bribed or compelled to overlook child marriages,” asks social activist Nivedita Dasgupta, member of the National Federation of Indian Women. “The government ought to be aware of the problems of implementing such an Act at the grassroots level,” she says indignantly.
True, the Act has no provision for punishing any officer in whose area such marriages are solemnised. “This will merely encourage officials to turn a blind eye to child marriages wherever there is social and community pressure. On the contrary, the Act calls for the punishment of parents, forgetting that many child marriages are performed to escape the debilitating demands of the dowry system,” says Alok Kumar Mitra, lawyer at the Calcutta High Court.
While all offences under this Act have been made cognisable and non-bailable, the punishment does not seem to be too harsh. The Act states that an adult male who marries a child or one who performs, conducts or directs a child marriage will get a maximum jail term of two years or be fined.
“One good thing is that the court has been given power to issue an injunction on such a marriage on receipt of news of a child marriage from the child marriage prohibition officer or from any other source,” stresses advocate Prabir Chowdhury. A judicial, a first class or a metropolitan magistrate has the power to issue the injunction against any person, including the member of a community or organisation, prohibiting such a marriage.
“The Act will also come down heavily on marriages that lead to the trafficking of women, especially in Rajasthan, Uttar Pradesh, Chhattisgarh and even Kerala where trafficking of married girls is rampant,” adds Mitra.
A large number of child marriages end up with girls being sold for trafficking. Marriages being terminated as a result of compulsion and at times culminating in trafficking have been included in the list of void marriages.
“But does this implicitly acknowledge traditional child marriages as valid,” asks Dasgupta. The Act doesn’t speak of child marriages in communities where it’s more of a tradition than compulsion. It is also silent on the registration of child marriages. “Though such marriages are illegal, they should be recorded without issuing certificates as is done in the case of adult marriages, for future reference,” feels Rajesh Ganguly, a Calcutta High Court lawyer, adding, “Since children born out of such marriages will get legitimate status, they should also be issued birth certificates.”
Most activists and victims of child marriages believe that the government needs to provide alternative economic support and livelihood options for children who want to opt out of the abusive environment. “The Act should have introduced protection for the child bride, so that her right to maintenance and her right to a household are not undermined,” says Ketaki Das, a victim of a traditional child marriage. Alas, the Act has no provision for that
A new Child Marriage Prohibition Act has just replaced the Child Marriage Restraint Act of 1929. But legal experts claim that it is flawed, reports Saheli Mitra
On July 16 this year, a 15-year-old girl married to an already married man was tortured and murdered for dowry, not in a remote village but in the heart of Calcutta.
Grassroots worker Shakuntala Verma’s hands were hacked off when she urged members of her community in rural Madhya Pradesh not to solemnise a child marriage.
Incidents such as these are not few and far between. In fact, some alarming statistics collated by the National Family Health Survey in recent times reveal that over 40 percent of marriages in India involve girls below 16 years of age. In states like Bihar, Rajasthan, Uttar Pradesh and Madhya Pradesh, the number of child marriages is as high as 70 per cent.
In the wake of such incidents which seem to hit the headlines at regular intervals, the Child Marriage Restraint Act of 1929 has finally been repealed. In its place, a new Child Marriage Prohibition Act has been passed by Parliament.
The Act received the President’s approval this year and was published for the first time in the Gazette of India in January 2007.
“The new Act has introduced a number of changes but it has also thrown up a plethora of controversies,” says legal expert B.B. Ghosh. Non-governmental organisations such as Prayas, Prakriti and Joint Women’s Programme, which fight for women’s rights, have already sent a joint letter to the President declaring “the new Act is toothless and unable to address issues on the ground”.
“A major shortcoming of the Child Marriage Prohibition Act is that instead of declaring every child marriage void, it places the onus of declaring such a marriage void on the child or her guardians who can file legal proceedings against the marriage,” explains Sunil Kumar Mitra, senior lawyer, Calcutta High Court, and president of Incorporated Law Society, a body of lawyers and solicitors of Calcutta High Court recognised by the West Bengal government. “Considering the social pressures surrounding such marriages, it is highly unlikely that parents will ever move court,” he points out.
The Act states every child marriage shall be void at the option of the contracting party who was a child at the time of marriage (females have to be 18 years and males 21 years to be recognised as adults). The marriage can be annulled by the filing of a petition at the district court or before the child marriage prohibition officer by the child’s guardian or by the contracting party after he or she attains adulthood. Therefore, there’s hardly any independent authority to look into the matter other than those involved themselves.
Many believe that the appointment of child marriage prohibition officers by state governments will not be of much help. This, despite the fact that such officers will have the jurisdiction to look into cases of child marriages in a particular area. They will have the power to prevent such marriages from being solemnised and sensitise the community against the evils of such a practice. They will be able to collect evidence and prosecute those involved in the crime. The officers will be considered public servants and no legal proceedings may be started against them in view of the work they do.
“But what happens in villages and towns where officials can be easily bribed or compelled to overlook child marriages,” asks social activist Nivedita Dasgupta, member of the National Federation of Indian Women. “The government ought to be aware of the problems of implementing such an Act at the grassroots level,” she says indignantly.
True, the Act has no provision for punishing any officer in whose area such marriages are solemnised. “This will merely encourage officials to turn a blind eye to child marriages wherever there is social and community pressure. On the contrary, the Act calls for the punishment of parents, forgetting that many child marriages are performed to escape the debilitating demands of the dowry system,” says Alok Kumar Mitra, lawyer at the Calcutta High Court.
While all offences under this Act have been made cognisable and non-bailable, the punishment does not seem to be too harsh. The Act states that an adult male who marries a child or one who performs, conducts or directs a child marriage will get a maximum jail term of two years or be fined.
“One good thing is that the court has been given power to issue an injunction on such a marriage on receipt of news of a child marriage from the child marriage prohibition officer or from any other source,” stresses advocate Prabir Chowdhury. A judicial, a first class or a metropolitan magistrate has the power to issue the injunction against any person, including the member of a community or organisation, prohibiting such a marriage.
“The Act will also come down heavily on marriages that lead to the trafficking of women, especially in Rajasthan, Uttar Pradesh, Chhattisgarh and even Kerala where trafficking of married girls is rampant,” adds Mitra.
A large number of child marriages end up with girls being sold for trafficking. Marriages being terminated as a result of compulsion and at times culminating in trafficking have been included in the list of void marriages.
“But does this implicitly acknowledge traditional child marriages as valid,” asks Dasgupta. The Act doesn’t speak of child marriages in communities where it’s more of a tradition than compulsion. It is also silent on the registration of child marriages. “Though such marriages are illegal, they should be recorded without issuing certificates as is done in the case of adult marriages, for future reference,” feels Rajesh Ganguly, a Calcutta High Court lawyer, adding, “Since children born out of such marriages will get legitimate status, they should also be issued birth certificates.”
Most activists and victims of child marriages believe that the government needs to provide alternative economic support and livelihood options for children who want to opt out of the abusive environment. “The Act should have introduced protection for the child bride, so that her right to maintenance and her right to a household are not undermined,” says Ketaki Das, a victim of a traditional child marriage. Alas, the Act has no provision for that
MTV launches anti-human trafficking campaign
Mumbai, Aug 9 : MTV Networks, a unit of Viacom and the MTV Europe Foundation, a registered UK charity has announced the launch of MTV EXIT (End Exploitation and Trafficking) across Asia and the Pacific.
As a part of the anti-trafficking campaign by MTV-Exit a documentary, featuring gut wrenching stories of victims of human trafficking in Bangladesh and Nepal, presented by Bollywood star Lara Dutta, will be aired in September.
The documentaries will be followed by a series of public service announcements in 2007 and 2008, along with a multi-language website,www.mtvexit.org, and live awareness and prevention events.
According to United Nations (UN) estimates, there are 2.5 million victims of trafficking in the world with the majority being in Asia and the Pacific. It is the second largest illegal trade after drugs, with criminal traffickers earning over 10 billion US dollars every year through the buying and selling of human beings.
According to the UN '' Human Trafficking is the recruitment, transportation, and receipt of a person for sexual or economical exploitation by force, fraud, coercion, or deception in order to make a profit. Often, victims are young men and women, who are guilty only of aspiring a better life for themselves and their families''.
It had been estimated that over the past decade in south Asia alone, some 30 million people, mostly children, had been trafficked.
And India is a major destination and a transit point for human trafficking in the sub continent. The majority of trafficking in India, both trans-border and in-country, happens for the purpose of sex work. A combination of growing demand for cheap domestic labour, labour and sex coupled with extreme poverty makes human trafficking an easy and lucrative business in India.
But trafficking can be fought through awareness and prevention.
Thus, MTV EXIT will highlight and address three major forms of trafficking in Asia and the Pacific: sex trafficking and forced prostitution, labour trafficking, and forced domestic servitude.
Speaking to reporters yesterday, Bill Roedy, Vice Chairman, MTV Networks said,''Human trafficking has become a critical human rights issue facing young people across the Asia and Pacific. Victims are subject to horrendous abuses, including rape and torture, with women and girls particularly affected. Education is a key to prevention.
MTV EXIT is part of our commitment to help for highlighting issues affecting young people in Asia and across the world''.
The MTV EXIT initiative across Asia and the Pacific is an extention of the successful MTV EXIT European campaign, which has been raising awareness and increasing prevention of trafficking and exploitation in Europe since 2004. Many influential artists have supported MTV EXIT’s special programming and events in Europe, including Angelina Jolie, Helena Christensen and Roedy informed
As a part of the anti-trafficking campaign by MTV-Exit a documentary, featuring gut wrenching stories of victims of human trafficking in Bangladesh and Nepal, presented by Bollywood star Lara Dutta, will be aired in September.
The documentaries will be followed by a series of public service announcements in 2007 and 2008, along with a multi-language website,www.mtvexit.org, and live awareness and prevention events.
According to United Nations (UN) estimates, there are 2.5 million victims of trafficking in the world with the majority being in Asia and the Pacific. It is the second largest illegal trade after drugs, with criminal traffickers earning over 10 billion US dollars every year through the buying and selling of human beings.
According to the UN '' Human Trafficking is the recruitment, transportation, and receipt of a person for sexual or economical exploitation by force, fraud, coercion, or deception in order to make a profit. Often, victims are young men and women, who are guilty only of aspiring a better life for themselves and their families''.
It had been estimated that over the past decade in south Asia alone, some 30 million people, mostly children, had been trafficked.
And India is a major destination and a transit point for human trafficking in the sub continent. The majority of trafficking in India, both trans-border and in-country, happens for the purpose of sex work. A combination of growing demand for cheap domestic labour, labour and sex coupled with extreme poverty makes human trafficking an easy and lucrative business in India.
But trafficking can be fought through awareness and prevention.
Thus, MTV EXIT will highlight and address three major forms of trafficking in Asia and the Pacific: sex trafficking and forced prostitution, labour trafficking, and forced domestic servitude.
Speaking to reporters yesterday, Bill Roedy, Vice Chairman, MTV Networks said,''Human trafficking has become a critical human rights issue facing young people across the Asia and Pacific. Victims are subject to horrendous abuses, including rape and torture, with women and girls particularly affected. Education is a key to prevention.
MTV EXIT is part of our commitment to help for highlighting issues affecting young people in Asia and across the world''.
The MTV EXIT initiative across Asia and the Pacific is an extention of the successful MTV EXIT European campaign, which has been raising awareness and increasing prevention of trafficking and exploitation in Europe since 2004. Many influential artists have supported MTV EXIT’s special programming and events in Europe, including Angelina Jolie, Helena Christensen and Roedy informed
Wednesday, August 08, 2007
INDIA: Landmark ruling on 'bonded' labour
[news] [7 August 2007] -
An Indian NGO has won what it believes could be a landmark court case for the rehabilitation of child labourers.In October 2005, Bachpan Bachao Andolan (BBA) rescued 129 child labourers from embroidery factories in Kotla Mubarakpur area, Delhi. However, the case registered by the police after the rescue was filed under the Child Labour (Prohibition and Regulation) Act, 1986 and the Juvenile Justice (Care and Protection) Act, 2000 which do not provide for Rehabilitation of children. BBA then filed a case with the National Human Rights Commission against the office of the Sub-divisional Magistrate (Defence Colony). They demanded that the case of these children be registered under the Bonded Labour System (Abolition) Act 1976, as the children were working under ‘bonded’ conditions and were therefore eligible for rehabilitation under centrally-sponsored schemes.Repatriation
After almost two years, the National Human Rights Commission (NHRC) has upheld BBA’s stand by granting the issue of release certificates for the children, repatriating them to their native places in Jharkhand, Bihar and West Bengal, and arranging for their rehabilitation. NHRC cited various provisions of law and decisions taken by the Supreme Court regarding the issue of release certificates and bonded labour.
NHRC also emphasised the need for an understanding of the meaning and implications of the words “child”, “bonded labour system” and other terms in various acts relating to the prohibition of child labour. SensitisationIt has also indicated a need for sensitisation among officers at the Labour, Revenue and Police departments of the Delhi Administration. The ruling implies that all other cases of rescued child labourers, working under similar conditions, will be registered under the Bonded Labour Systems (Abolition) Act which will provide for their rehabilitation. BBA believes this makes it a significant victory in the battle against Child Labour
[news] [7 August 2007] -
An Indian NGO has won what it believes could be a landmark court case for the rehabilitation of child labourers.In October 2005, Bachpan Bachao Andolan (BBA) rescued 129 child labourers from embroidery factories in Kotla Mubarakpur area, Delhi. However, the case registered by the police after the rescue was filed under the Child Labour (Prohibition and Regulation) Act, 1986 and the Juvenile Justice (Care and Protection) Act, 2000 which do not provide for Rehabilitation of children. BBA then filed a case with the National Human Rights Commission against the office of the Sub-divisional Magistrate (Defence Colony). They demanded that the case of these children be registered under the Bonded Labour System (Abolition) Act 1976, as the children were working under ‘bonded’ conditions and were therefore eligible for rehabilitation under centrally-sponsored schemes.Repatriation
After almost two years, the National Human Rights Commission (NHRC) has upheld BBA’s stand by granting the issue of release certificates for the children, repatriating them to their native places in Jharkhand, Bihar and West Bengal, and arranging for their rehabilitation. NHRC cited various provisions of law and decisions taken by the Supreme Court regarding the issue of release certificates and bonded labour.
NHRC also emphasised the need for an understanding of the meaning and implications of the words “child”, “bonded labour system” and other terms in various acts relating to the prohibition of child labour. SensitisationIt has also indicated a need for sensitisation among officers at the Labour, Revenue and Police departments of the Delhi Administration. The ruling implies that all other cases of rescued child labourers, working under similar conditions, will be registered under the Bonded Labour Systems (Abolition) Act which will provide for their rehabilitation. BBA believes this makes it a significant victory in the battle against Child Labour
Tuesday, August 07, 2007
WB: CID rescues seven girls
Monday, August 06, 2007 (01:12:23)
Kolkata: The Anti Human Trafficking Unit (AHTU) of the West Bengal Criminal Investigation Department (CID) has rescued seven girls five minors and two adults who were trafficked from West Bengal to Maharashtra. Out of the seven girls, aged between 14 and 22, six are from the Sunderbans area of South 24 Parganas in West Bengal, and one is from the North 24 Parganas in West Bengal. Alarmed by the increasing number of trafficking cases in the state, the CID had geared up to put a full stop to this. The AHTU had been inaugurated by the honourable Chief Minister of West Bengal, Buddhadeb Bhattacharya on June 28, 2007 for combating the human trafficking menace, which had been spreading like wild fire for quite some time in the state.
Earlier speaking to Headlinesindia, Sanjoy Mukherjee, DIG (Special) of CID, and an expert in human trafficking related issues, had assured that the increasing incidents of human trafficking in West Bengal would come down considerably with the formation of AHTU. Getting a tip off that some girls from the state had been trafficked to Maharashtra, and forced into commercial sexual exploitation, the AHTU was sent to Maharashtra on 26th July. After verifying the family details and addresses of the trafficked girls in West Bengal, the AHTU visited Mumbai, Pune, Kalyan and Thane of Maharashtra, and rescued seven girls. The girls have been brought back to the Kolkata, where they are being interrogated by the AHTU. The CID hopes to get some useful information from the girls, which will help in tracing the traffickers. The girls will soon be sent to their parents.
Sanjoy Mukherjee told Headlinesindia, The AHTU is interviewing the girls and trying to pinpoint the traffickers. This has been an accomplishment for us, and we hope to arrest the traffickers soon.Mukherjee also stated that the CID hopes to trace the entire gang that is involved in human trafficking. He added, We are happy that the first major operation of the AHTU, launched by the chief minister, was for such a good cause. We will conduct more raids, and send our team for more rescue missions.
By Divya Pathak
Draft plan to check human trafficking
.Special Correspondent
Focus on protection, prosecution
NEW DELHI: The National Commission for Women (NCW) will spell out a draft integrated plan of action to prevent and combat trafficking in women and children that will call for the South Asian Association for Regional Cooperation (SAARC) countries to come together to deal with the issue.
Briefing reporters at the end of a two-day national consultation on preventing and combating human trafficking with special focus on children and women here over the weekend, NCW chairperson Girija Vyas said the plan of action would focus on prevention, protection, prosecution and providing necessary help to the victims.
She said the participants felt that prevention strategies should be based on existent ground realities and every State should draw up an action plan after mapping the vulnerable areas ‘at risk.’ Involvement of the corporate sector in prevention and rehabilitation and sensitisation of the community are some other salient features of the action plan, the draft of which would be submitted to the Union Women and Child Development Ministry by the month end before the Union Cabinet’s approval is sought.
Ms. Vyas said the draft plan would suggest involving Ministries such as the Panchayati Raj, Health and Family Welfare, Labour, Tourism, Railways, Road Transport, Education, Defence and even the External Affairs to prevent trafficking and ensure rehabilitation of those rescued since the issue had international manifestations. She suggested the setting up of short-term stay home facilities on the international borders from where trafficking was carried out.Protocols for repatriation
Stressing the need for identifying institutions that would provide safe custody to the victims, the plan of action would also suggest developing procedures, mechanisms and protocols for repatriation with the neighbouring countries, and sensitisation of the law enforcement agencies and the judiciary.
Focus on protection, prosecution
NEW DELHI: The National Commission for Women (NCW) will spell out a draft integrated plan of action to prevent and combat trafficking in women and children that will call for the South Asian Association for Regional Cooperation (SAARC) countries to come together to deal with the issue.
Briefing reporters at the end of a two-day national consultation on preventing and combating human trafficking with special focus on children and women here over the weekend, NCW chairperson Girija Vyas said the plan of action would focus on prevention, protection, prosecution and providing necessary help to the victims.
She said the participants felt that prevention strategies should be based on existent ground realities and every State should draw up an action plan after mapping the vulnerable areas ‘at risk.’ Involvement of the corporate sector in prevention and rehabilitation and sensitisation of the community are some other salient features of the action plan, the draft of which would be submitted to the Union Women and Child Development Ministry by the month end before the Union Cabinet’s approval is sought.
Ms. Vyas said the draft plan would suggest involving Ministries such as the Panchayati Raj, Health and Family Welfare, Labour, Tourism, Railways, Road Transport, Education, Defence and even the External Affairs to prevent trafficking and ensure rehabilitation of those rescued since the issue had international manifestations. She suggested the setting up of short-term stay home facilities on the international borders from where trafficking was carried out.Protocols for repatriation
Stressing the need for identifying institutions that would provide safe custody to the victims, the plan of action would also suggest developing procedures, mechanisms and protocols for repatriation with the neighbouring countries, and sensitisation of the law enforcement agencies and the judiciary.
Monday, August 06, 2007
Australian convicted of pedophilia in India
From correspondents in Goa
March 04, 2007 02:18am
AN Indian court today convicted an Australian man of pedophilia and said the offender was part of a massive sex racket involving children in the Arabian Sea resort of Goa.
Warner Wulf Ingo was convicted on various charges including sodomy, unnatural sex with minors, abduction and criminal conspiracy.
Goa sessions judge AD Salkar said the Australian would be sentenced on Wednesday.
The 44-year-old Ingo will be sentenced under a tough 2003 anti-pedophilia law that provides for imprisonment of up to 12 years and a fine of 200,000 rupees ($5700), court officials said.
Police said Ingo was an associate of a German, Freddy Peats, who operated a well-established sex racket in Goa until his arrest in 1991, which subsequently led to his conviction five years later.
Peats, convicted for supplying destitute children to wealthy European males in Goa, died in 2005 while serving a life sentence in an Indian prison.
“Ingo was one of the clients of Peats',” a senior police official said as the Australian was escorted to a local prisonhouse.
Goa police said they were also hunting for Eoghan Colm McBride, a New Zealander who in 2002 was given seven-year prison term for seeking services from Peats. He jumped bail while on parole.
“Both McBride and Ingo were regular clients of Peats, who ran the child prostitution racket from an ashram (hermitage) in Fatorda town in southern Goa,” the officer said.
Dominique Sabir, a Frenchman involved in the same child sex racket, was also arrested in 1996 but he, too, jumped bail and is listed as absconding.
Goa police chief BS Brar said he was relieved with Ingo's conviction.
“This is a good moment as in recent years we have become very stringent and we do not tolerate such activities in Goa anymore,” Chief Brar said.
About 20 per cent of 4.2 million tourists who travelled to Goa during the October 2005 to January 2006 peak season were foreigners, many of them Europeans.
There are no estimates on the number of paedophiles among them. But NGOs say foreigners are openly seen luring children with expensive gifts and money.
“We now have beach patrols, posters and warnings that Goa has no place for pedophiles,” Chief Brar said
March 04, 2007 02:18am
AN Indian court today convicted an Australian man of pedophilia and said the offender was part of a massive sex racket involving children in the Arabian Sea resort of Goa.
Warner Wulf Ingo was convicted on various charges including sodomy, unnatural sex with minors, abduction and criminal conspiracy.
Goa sessions judge AD Salkar said the Australian would be sentenced on Wednesday.
The 44-year-old Ingo will be sentenced under a tough 2003 anti-pedophilia law that provides for imprisonment of up to 12 years and a fine of 200,000 rupees ($5700), court officials said.
Police said Ingo was an associate of a German, Freddy Peats, who operated a well-established sex racket in Goa until his arrest in 1991, which subsequently led to his conviction five years later.
Peats, convicted for supplying destitute children to wealthy European males in Goa, died in 2005 while serving a life sentence in an Indian prison.
“Ingo was one of the clients of Peats',” a senior police official said as the Australian was escorted to a local prisonhouse.
Goa police said they were also hunting for Eoghan Colm McBride, a New Zealander who in 2002 was given seven-year prison term for seeking services from Peats. He jumped bail while on parole.
“Both McBride and Ingo were regular clients of Peats, who ran the child prostitution racket from an ashram (hermitage) in Fatorda town in southern Goa,” the officer said.
Dominique Sabir, a Frenchman involved in the same child sex racket, was also arrested in 1996 but he, too, jumped bail and is listed as absconding.
Goa police chief BS Brar said he was relieved with Ingo's conviction.
“This is a good moment as in recent years we have become very stringent and we do not tolerate such activities in Goa anymore,” Chief Brar said.
About 20 per cent of 4.2 million tourists who travelled to Goa during the October 2005 to January 2006 peak season were foreigners, many of them Europeans.
There are no estimates on the number of paedophiles among them. But NGOs say foreigners are openly seen luring children with expensive gifts and money.
“We now have beach patrols, posters and warnings that Goa has no place for pedophiles,” Chief Brar said
Sunday, August 05, 2007
National action plan to stop trafficking of women, children
New Delhi, Aug 04: Creating a database on trafficking of women and children and addressing culturally-sanctioned practices such as the 'Devdasi' system are part of a draft national integrated plan of action to fight the menace. The plan of action, drafted at a two-day meeting organised by the Ministry of Women and Child Development and National Commission for Women (NCW), involves setting up of a national database and web portal where details of convicted as also probable traffickers would be available. Every state would have its own action plan on trafficking and a nodal cell would be created in the ministry of home affairs to deal with the problem. The proposed action plan stresses on addressing traditionally sanctioned practices like the 'Devdasi' system. "Having a national policy is not enough. State-level plans are required and high-risk areas in every region, district and village need to be identified," NCW chairperson Girija Vyas told reporters here today at the end of the two-day consultation. She said the action plan talks about involving grass-root institutions such as panchayats and municipal bodies in curbing the menace. Vyas said there was a need to involve other ministries, such as health, child, panchayati raj, tourism, railways, road transport, defence, external affairs and education in anti-trafficking efforts. The action plan calls for involvement of the corporate sector for trafficking prevention activities. As for cross-border trafficking, the action plan emphasises the need for short-stay homes or transit centres for victims to be repatriated and developing procedures and protocols for repatriation with neighbouring countries. The action plan will be sent to the ministry of women and child development within a month, after which it will be taken up by the Union Cabinet.
Saturday, August 04, 2007
LIGHT signs MoU with IOM on trafficking
Friday, August 03 2007 Hyderabad, Aug 3 (UNI) Lanco Institute of General Humanitarian Trust (LIGHT), a registered humanitarian and development trust formed by LANCO, today signed an MoU with International Organisation for Migration (IOM), for the provision of assistance to survivors of trafficking and other vulnerable people below poverty line.LIGHT Chairman L Rajagopal and IOM Director General Brunson McKinley had signed the MoU.
Speaking on the occasion, Mr Rajagopal said the agreement marks the beginning of a series of initiatives in the area of rehabilitation and empowerment of Victims of Commercial Sexual Exploitation and Trafficking (VOCSET) and other vulnerable groups like Mathammas, Joginis, Dalits through provision for their employment.The activities will start in Vijayawada as the initial partnership period with effect from today, till December 31, 2008
Friday, August 03 2007 Hyderabad, Aug 3 (UNI) Lanco Institute of General Humanitarian Trust (LIGHT), a registered humanitarian and development trust formed by LANCO, today signed an MoU with International Organisation for Migration (IOM), for the provision of assistance to survivors of trafficking and other vulnerable people below poverty line.LIGHT Chairman L Rajagopal and IOM Director General Brunson McKinley had signed the MoU.
Speaking on the occasion, Mr Rajagopal said the agreement marks the beginning of a series of initiatives in the area of rehabilitation and empowerment of Victims of Commercial Sexual Exploitation and Trafficking (VOCSET) and other vulnerable groups like Mathammas, Joginis, Dalits through provision for their employment.The activities will start in Vijayawada as the initial partnership period with effect from today, till December 31, 2008
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