MINISTRY OF LABOUR PRESS RELEASE
Whenever instances of alleged human trafficking by placement agencies are reported, these cases are registered and investigated as per law. As per inputs provided by National Crime Records Bureau (NCRB), the total number of cases registered under different provisions of law which come under the generic description of human trafficking during the period 2009, 2010 and 2011 were 2848, 3422 and 3517 respectively. The preventive steps taken by Government of India against trafficking are given in the Annexure. The Minister of State for Labour & Employment Shri K. Suresh gave this information in reply to a written question in the Lok Sabha today whether poor girls from various parts of the country including Jharkhand, Bihar and West Bengal are being brought to Delhi and other metropolis by traffickers who handed them over to placement agencies for their employment as maid servants when most of these are young girls and below sixteen years; and if so, the preventive steps and action taken by the Government against such trafficking, placement agencies and the persons who employ them knowingly that it is in violation of Child Labour Act.
Constitutional and Legislative provisions related to trafficking in India
Trafficking in human beings or persons is prohibited under the Constitution of India under Article 23 (1).
The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation. Certain amendments have been proposed to Immoral Traffic (Prevention) Act, 1956 to widen its scope, focus on traffickers, and prevent re-victimization of victims and to make its implementation more effective.
Thespecific legislations enacted relating to trafficking in women and children (Immoral Traffic (Prevention) Act, 1956, Prohibition of Child Marriage Act, 2006, Bonded Labour System (Abolition) Act, 1976, Child Labour (Prohibition and Regulation) Act, 1986, Transplantation of Human Organs Act, 1994, apart from specific Sections in the IPC, e.g. Sections 372 and 373 dealing with selling and buying of girls for the purposes of prostitution.
Ministry of Labour & Employment
Ministry of Labour & Employment is implementing the Child Labour (Prohibition & Regulation) Act, 1986, which prohibits the employment of children below the age of 14 years in 18 occupations and 65 processes. The employment of children below 14 years as domestic help has been banned as per the Act, since October, 2006. In March, 2008 Ministry of Labour & Employment has also issued a Protocol on Prevention, Rescue, Repatriation and Rehabilitation of Trafficked & Migrant Child Labour. In addition to this Ministry has also issued guidelines in 2010 to all the State Governments/UTs administrations on regulation of functioning of private placement agencies. Many State Governments have made provisions for registration of private placement agencies under Shops & Establishments Act.
Ministry of Home Affairs (MHA)
With a view to tackle the menace of human trafficking, Ministry of Home Affairs Government of India has undertaken a number of measures such as:
Anti-Trafficking Nodal Cell was set up in Ministry of Home Affairs (MHA) to act as a focal point for communicating various decisions and follow up on action taken by the State Governments. It also interfaces with other Ministries and National Crime Record Bureau (NCRB) in the collation and dissemination of information. All the States/ UT administrations have nominated Anti Trafficking Nodal Officers who coordinate amongst themselves in inter-state trafficking cases. Similarly, Anti-Trafficking nodal cells have been created at district Level headed by Superintendents of Police. Coordination meetings are held with the State Anti-Trafficking Nodal Officers in MHA periodically.
Comprehensive advisories have been issued to all States/UTs for preventing and combating crime of human trafficking
A Project on “Strengthening law enforcement response in India against trafficking in persons through training and capacity building” has been taken up in the Ministry of Home Affairs as a joint initiative of the Government of India and the United Nations Office on Drugs and Crime,
Ministry of Home Affairs has sanctioned a Comprehensive Scheme “Strengthening law enforcement response in India against Trafficking in Personsthrough Training and Capacity Building” wherein it is proposed to establish 330 Anti Human Trafficking Units (AHTUs ) throughout the country and impart training to 10,000 police officers through Training of Trainers ( TOTs) component.
The Bureau of Police Research and Development (BPR&D) has prepared a training manual on “Human Trafficking-Handbook for Investigators” for sensitizing police personnel and these handbooks are being used in the National, Regional and State Police Training Institutes.
Training of Trainers (TOT) Workshops under pilot project with UNODC has been taken up to enhance the capacity building of law enforcement agencies and generate awareness among them. MHA/BPR&D and UNODC have organized International, National and Regional ToTs on “Combating Trafficking in Human Beings”.
MHA, MWCD and UNICEF prepared draft protocol and SOP for dealing with cross border trafficking between India and Bangladesh to address the various issues relating to prevention of Trafficking,victim identification and repatriation and make the process speedy and victim-friendly.
Ministry of Women and Child development (MWCD)
MWCD is implementing the following schemesto tackle the menace of human trafficking:
Ujjawala: The MWCD is implementing “Ujjawala”- a Comprehensive Scheme for Prevention of Trafficking and Rescue, Rehabilitation, Re-Integration and Repatriation of Victims of Trafficking for Commercial Sexual Exploitation. As on 31st October 2012, 201 projects have been supported by the Ministry in 21 States, under which 101 rehabilitative homes have been sanctioned which can accommodate nearly 4650 victims. The Schemes provide for shelter, food, clothing for victims, counselling, medical care, legal and other support, vocational training and income generation activities. The scheme also promotes community based systems to prevent trafficking from source areas. As on date about 530 community vigilance groups and about 700 Adolescent groups have been formed in the source areas to prevent trafficking.
Swadhar and Short Stay Homes: In addition, trafficked victims are also given shelter in Short Stay Homes and Swadhar Homes for women in difficult circumstances. The Schemes provides for shelter, foodand clothing for women and children below the age of 18 years, counselling, clinical, medical, legal and other support, training and economic rehabilitation and helpline facilities.