Tag Archives: India

Apr29

Delhi govt drags its feet on draft bill on placement agencies

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Delhi govt drags its feet on draft bill on placement agencies

AMBIKA PANDIT IN THE TIMES OF INDIA

NEW DELHI: The death of two girls allegedly trafficked from Jharkhand for domestic work in Delhi only underlines the harsh truth that there are no laws that govern domestic work. While the demand for a national legislation gets louder, the fact remains that Delhi government’s draft bill limited to placement agencies – that was put up for objections and suggestions last August – is nowhere close to becoming a law. The much announced and often cited panacea for the many ills surrounding domestic work, the draft bill may not become a law if it’s not finalized for approval of Delhi assembly before the monsoon session. The tenure of the current Congress-led government is coming to a close with the assembly polls scheduled for later this year.

The final contours of the draft which has drawn a lot of criticism from human rights and activist groups working with domestic workers are yet to be fixed. Top sources in the labour department pointed out that the latest delay was due to a debate over whether the ambit of the proposed legislation should be expanded to include workers beyond domestic workers engaged by placement agencies.

This issue was discussed at a recent meeting chaired by chief secretary DM Spolia. A consensus has been arrived at for now that the bill may be restricted to placement agencies for domestic workers. A meeting next month will take a final decision and put up the final draft for approval of the cabinet. Based on the objections and suggestions, some changes have been made to the final draft. For instance, it is now proposed to also register the link person who introduces the domestic worker to a placement agency to guard against trafficking and take measures against miscreants.

TOI had reported last August how the Delhi government’s draft Bill on placement agencies — aimed at reining in agents — had created a flutter among NGOs, with activists claiming it was riddled with loopholes. At that time, when the Bill was put up for objections and suggestions, it came under severe criticism from representatives of around 12 NGOs who voiced their concerns it’s provisions.

Rishikant of NGO Shakti Vahini, who is part of the investigations in the death of the two minor girls from Jharkhand, feels this case is a classic example of how domestic work needs legal regulations. “Just implementing an Act in Delhi will not help as the problem is national. Domestic workers are being brought from states like West Bengal and Jharkhand. It’s important to put in place a national plan of action for placement agencies to ensure coordination between states,” said Rishikant.

Social activist Subhash Bhatnagar too feels the government’s focus on regulating agencies is misplaced and monitoring employers who engage domestic workers is critical. NGOs want employers to be mandatorily registered with the state. Like in the case of the two girls from Jharkhand, most agents who bring girls to the city promising employment are exploiters not wanting to get themselves registered, say activists.

The Draft Delhi Private Placement Agencies (Regulation) Bill 2012 lays down that no agency shall employ, engage or deploy anyone under the age of 18 as a domestic help. Violation of the Bill’s provisions can fetch a jail term up to one year and a fine of Rs 20,000. The provisions state that only licensed individuals or private agencies can provide private domestic workers. The licences will be issued for a period of five years by a controlling authority comprising officers of the level of joint labour commissioner. All existing placement agencies are required to register with the state within three months of the new law being notified.

The Bill mandates a placement agency to display its licence at the office and maintain a register with records of domestic workers and employers. The labour department has been empowered to inspect and crosscheck these documents. The agency has to issue photo IDs to workers and inform the controlling authority about deployment of workers within five days of their getting employed. Each worker will have a bank account and a pass book in which their salary will be deposited.

Mar25

Girl sold, raped and rescued

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Girl Sold and Raped

DEVESH PANDEY IN THE HINDU

The long journey of Debyani (name changed) from her village in the Burdwan district of West Bengal to Delhi and then to Bharatpur in Rajasthan is a saga of a minor girl who was kidnapped by traffickers and sold off for forced marriage and then subjected to continuous physical and sexual abuse for the past four years. The girl, who has now been rescued, is the mother of two children.

On the pretext of getting her employed as a domestic help, a fellow villager had one day taken Debyani along to a place where she was handed over to a trafficker four years ago. It was two years after she went missing that the local police registered a specific case on the basis of a complaint lodged by her father who raised suspicion about the complicity of a girl named Sulekha.Police investigations revealed that she was handed over to a person named Kalu Sheikh, who sold her off for a paltry sum. She was then forcibly married to a resident of Deeg village of Bharatpur in Rajasthan. “About a year ago, the investigating officer tracked her down and rescued her. He also arrested Kalu Sheikh. The girl had by then become the mother of two children. Surprisingly, she was escorted back to West Bengal by some villagers. In her judicial statement, she claimed that she had fled on her own as her parents wanted to push her into prostitution. As a result, the accused was released on bail and the girl was taken back to Rajasthan,” said a West Bengal police officer.

It was after the victim’s family moved habeas-corpus petition in the High Court that an Anti-Human Trafficking Unit team led by Inspector Sarbari Bhattacharya was directed to probe the matter. The officer discovered that the case had been closed. She got it reopened and in coordination with non-government organisation Shakti Vahini reached Bharatpur.

“The moment the girl saw the Bengali-speaking woman officer, she clung onto her pleading to take her back home. She even forgot to take her elder son along and wanted to leave immediately. She kept crying, alleging that she was sold off and subjected to torture,” said Rishi Kant, who was part of the rescue team.The police officer made enquiries and found that a woman named Rakhi from West Bengal, who had settled down there 20 years ago, lived in the neighbourhood. “During questioning, she disclosed that she had bought the victim from her relative Kalu Sheikh. Her brother had tortured the victim so much that she still dreads him.”

Realising that it was purely a case of human trafficking, the officer decided to rescue the girl along with her two children and arrested Rakhi. “However, it will be difficult for us to now track down Kalu Sheikh and Sulekha…there are umpteen number of cases were girls and women from West Bengal are being trafficked to places like Delhi and being pushed into prostitution, forced labour and marriage. But we come across officers who do not realise the gravity of the problem and treat the victims as just ‘poor Bengalis’,” said a West Bengal Police officer.

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Aug12

Girls being trafficked from Delhi to Meerut

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Girls being trafficked from Delhi to Meerut

Girls being trafficked from Delhi to Meerut

DEVESH K PANDEY IN THE HINDU

In order to avoid detection in the Capital

A large number of minor girls and young women trafficked from different parts of the country to Delhi are being re-trafficked to brothels in Meerut in Uttar Pradesh to evade detection. The emerging new trend was noticed during recent rescue operations carried out by the local Anti-Human Trafficking Unit in coordination with a team constituted under the National Commission for Protection of Child Rights.

During the raids that were carried out in the Kawari Bazaar area of Meerut on July 27, and earlier on May 22, the team rescued over 60 victims of human trafficking who were brought from different places in West Bengal, Rajasthan, Madhya Pradesh and even Nepal. Almost half of them were minors.

Having undergone mental and physical torture at the hands of their managers, many victims were initially reluctant to share their woes with the counsellors. However, most girls revealed that they were first brought to Delhi on various pretexts and then sold off at brothels on G.B. Road in Central Delhi.

“As the police mounted pressure in Delhi, many girls who were pushed into prostitution in the G.B. Road brothels were transported to Meerut. One of the victims disclosed that it also happened because some of these brothels had been served closure notices by the administration,” said Rishi Kant of non-government organization Shakti Vahini that was part of the rescue team. Some of the girls were even sent to Mumbai before being taken to Meerut.

Stating that Meerut was fast emerging as a major trafficking hub, where girls were now being sent through Delhi, Mr. Kant cited a case in which a girl belonging to a poor family from West Bengal was first sold in a red-light area of Kolkata and then to a brothel on G.B. Road, from where she was later transferred to Meerut.

“She has four sisters. Her father passed away in her childhood and her mother was unable to make two ends meet. Taking advantage of her poor economic condition, traffickers laid a trap and sold her off,” he said.

The same fate awaited another girl from South 24 Parganas in West Bengal, whose family members got a complaint lodged with the local police after she went missing. “While several victims were offered good jobs, some were brought to Delhi on the pretext of marriage. Some were even drugged and physically tortured. Now that they have been rescued, most of them have expressed their desire to be reunited with their families back home.”

  • The emerging trend was noticed during recent rescue operations carried out in Meerut
  • Most rescued girls were brought to Delhi, sold off at brothels on G.B. Road, then sent to Meerut
Jun12

Raids on trains from east and northeast to curb Girl Trafficking

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DWIPAYAN GHOSH IN THE TIMES OF INDIA

NEW DELHI: The rescue of seven girls from West Bengal, after a raid on March 16 in various placement agencies in northwest Delhi and the subsequent rescue of several girls from four other states of India in May from the red-light areas of the Capital has led the Delhi Police to begin a 24-hour check on various trains arriving from Bengal, Jharkhand and the entire northeast.

These raids – without prior information – were first mooted by the NGOs. The Delhi Police has decided to hold talks with their Kolkata counterparts on the issue. The NGOs working against child trafficking have long been demanding a more “proactive and joint” action from the cops of all states.

“I have instructed by GRP staff to keep an eye on each of the children in some specific trains from east, northeast and south India. The whole idea is to ensure we nab the traffickers and rescue the children before they get mingled with the city’s population making it all the more difficult to nab and rescue them,” said Sanjay Bhatia, additional DCP (railways).

According to a reply to a Lok Sabha question, filed by the state crime records bureau on March 15 this year, a total of 7917 minor girls were “untracked” till 2011 from across India and believed to be in capital. Similarly, 3311 minor boys are missing from West Bengal alone, while another 2149 adult females were untracked till the end of last year.

When contacted, an officer of Kolkata CID department said they had begun random checks on trains leaving for the Capital. “We have started the exercise about a month back. But I have no qualms in admitting that the drive has not been satisfactory so far. Only a greater coordination with Delhi, UP and Jharkhand police can control this menace,” said an officer.

Cops in Kolkata and Delhi said they had zeroed in on two persons identified as Raj and Raju, who operate from the railway stations in and around Kolkata. A Delhi police team will be in the city soon to coordinate with Kolkata Police and nab the duo.

Sources in Delhi Police Anti Human Trafficking Unit said the girls, mostly, assemble at the Sealdah, Howrah, Guwahati and Ranchi railway stations and board trains like the Poorva Express, Kalka Mail and even Toofan Express and Jharkhand SK Express.

“This year alone, we have identified over a hundred cases of women trafficking from North 24 Parganas, Nadia, Malda and Coochbehar. We have over 500 untraced cases in last few years. We are also on the lookout for groups of girls arriving suspiciously in these trains at the New Delhi and Old Delhi stations. However, such raids have their limitations and constraints. Hence, we are still working on the finer details of carrying out these surprise checks,” said an AHTU official.

Shakti Vahini coordinator Rishi kant, who has been working on the issue for several years, said: “There are over 10,000 children missing from east India according to data provided in the Parliament last year most of whom use the rail network. We want cops to note down addresses of the girls arriving in the Capital for jobs. They can then check these addresses to find if those are genuine. Strict action against dubious agencies, which sell these girls in Haryana as brides, should be taken.”

DWIPAYAN GHOSH IN THE TIMES OF INDIA

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Jun4

Human traffickers sold eight girls in state

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TIMES OF INDIA

SURAT: The arrest of four accused in the human trafficking network has revealed that the group is involved in selling eight girls in different parts of Gujarat for marriage or prostitution.Following complaint by Rama Tayde along with another victim Pooja Jodiya, police arrested Raj Amarnath Bhardwaj, Prakash alias Bhanja Ashok Igle, both residents of Bhusaval in Maharashtra, Shobha Dalsukh Balu Tanna and her son, Hitesh Dalsukh Tanna, both living in Parekh Nagar in Punagam area of the city. Police investigation so far revealed that Shobha is the main person in the network and was booked in Bhavnagar in 2007 on charges of running a prostitution network. However, Shobha claimed that she works as an agency for those who want to marry. On being arrested, Shobha informed police that she finds girls for such needy boys.  During questioning, the accused told police that they used to sell girls for Rs 20,000 to Rs 50,000 to different families. Shobha used to arrange rural and poor girls from Maharashtra to be sold in Gujarat. Young boys used to search and bring girls from Maharashtra for Shobha. The youth were paid commission from the money earned after the girl was sold.  In the incident, Rama and Pooja, escaped from Shobha’s house and reached Punagam police station and informed about the trafficking racket. They told police that Raj and Prakash brought them to Surat after befriending them. Rama and Pooja were shocked when they heard Shobha, Raj, Prakash and Hitesh discussing their “price” with three unidentified persons. They soon escaped from the house and approached police on Friday night.

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May31

HC directs govt to close down unauthorized immigration consultancies

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HINDUSTAN TIMES

The Punjab and Haryana high court has directed the protector of emigrants, Chandigarh to provide list of the names of registered immigration consultancies and agents in Punjab, Haryana and Chandigarh to the respective states and UT so that unauthorized immigration shops can be closed down.

The division bench comprising acting chief justice MM Kumar and justice Alok Singh directed the two states and UT to check the credentials of all the immigration consultancies and agents and take action as per law against the defaulters and file their status reports within four weeks time.

The bench, during the resumed hearing of a public interest litigation filed by former high court judge Amar Dutt also issued directions to union ministry of overseas Indian affairs and proctector general of emigrants to put the names of authorited immigration consultancies/consultants on their websites and give it wide publicity so that public could come to know about the genuine consultants. It was also directed that the authorities concerned would also keep a watch on the advertisements being issued in the print and electronic media by the immigration counsultancies to check frauds.

Justice(retd) Dutt is also the chairman of the nodal cell for NRI affairs constituted by the Chandigarh Administration. He had informed the bench through his counsel Anil Malhotra that in the absence of any law made by Parliament to define the offence of human smuggling and illegal trafficking of human beings, unscrupulous agents and unregistered agencies indulge in the illegal business of sending gullible citizens abroad by wrong means upon extracting huge sums of money.

The bench was also informed that the Emigration Act, 1983 is the only legislation on the subject made by Parliament. All the recruiting agents/employers working in any place are duty bound to follow the provisions laid down under the Act, before conducting the business of sending people outside India on the pretext of jobs or employment. The recruiting agents/employers not working as per the 1983 Act are unlicensed and unauthorized, it was informed.

The case would now come up for hearing on July 12.

May1

Ministry of Home Affairs Issues Advisory on preventing and combating human trafficking in India – dealing with foreign nationals

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MOST IMMEDIATE
No. 14051/14/2011-F.VI
Government of India
Ministry of Home Affairs
(Foreigners Division)
Dated 1st May, 2012

OFFICE MEMORANDUM

Sub:  Advisory on preventing and combating human trafficking in India – dealing with foreign nationals.

The undersigned is directed to refer to this Ministry’s Office Memorandum No. 15011/6/2009-ATC (Advisory) dated 09.09.2009 on the above mentioned subject (copy enclosed). It has come to the notice of this Ministry that foreign nationals are associated in some instances of human trafficking among women and children.

2. Further to the detailed procedure outlined in the above mentioned Office Memorandum, it has been decided with the approval of the competent authority that in cases of foreign nationals who are apprehended in connection with human trafficking, the State Governments / UT Administrations may follow the following procedure : -

 (i) Immediately after a foreign national is apprehended on charges of human trafficking, a detailed interrogation/investigation should be carried out to ascertain whether the person concerned is a victim or a trafficker.

(ii) The victims and the persons actually involved in human trafficking should be treated differently by the police authorities. This is in line with the SAARC Convention which advocates a victim-centric approach.

(iii)  Missions/Posts in India may be informed of the arrest/detention of the foreign national by the concerned state or other authorities through CPV division in the Ministry of External Affairs(MEA) or the concerned territorial Division in MEA.

 (iv)  It is seen that in general, the foreign victims of human trafficking are found without valid passport or visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of  her own free will, the State Government / UT Administration may not file a charge sheet against the victim.  If the chargesheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned.  Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels.

(v)     During the interim period, pending repatriation, the victim may be taken care of in an appropriate children’s home, or “Ujjawala” home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.

(vi)    If the investigation reveals that the person is actually a trafficker, he/she may be charge-sheeted under the Immoral Trafficking Prevention Act and the Foreigners Act and due process of law should be followed in such cases.

 (vii)    In order to ensure better conviction rates of perpetrators of the crime of trafficking, prosecution should be based on documentary, forensic and material evidence.  State Governments are advised to encourage the law enforcement agencies to investigate the cases in a manner that they are able to build fool proof cases against the traffickers, so that convictions can be guaranteed.  Use of fast-track courts and video conferencing to the extent possible also need to be ensured.  Please refer to para 7 of the enclosed Advisory dated 9.9.2009.

3.      All other instructions contained in this Ministry’s Advisory dated 09.09.2009 including reporting to the Anti Human Trafficking Nodal Cell in MHA will be applicable in the case of foreign nationals associated with human trafficking, whether they are women or children(children means both boys and girls upto 18 years of age).

4.      You are requested to issue suitable directions to all concerned under intimation to this Ministry.

5.      The receipt of this Office Memorandum may kindly be acknowledged.

(G.V.V. Sarma)
Joint Secretary to the Govt. of India

To
The Chief Secretaries/Principal Secretaries/ Secretary (Home) of all State Governments and Union Territory Administrations.
Copy for information and necessary action to:-
(i)  The DGs / IGs (In-charge of Prisons) /- All State Governments/ UTs
(ii)  Sri Sandeep Goel, Joint Commissioner(Crime), 3rd Floor, Police Station Kamla Market, Delhi.
(iii)  Ministry of Women and Child Development(Smt. Aditi Ray, Senior Economic Advisor), Shastri Bhavan, New Delhi.
(iv)  Secretary, Ministry of Labour, Shram Shakti Bhavan, New Delhi
(v)   Secretary, Ministry of Social Justice & Empowerment, Shastri Bhavan, New Delhi.
(vi)  Secretary, Ministry of Overseas Indian Affairs, Akbar Bhavan, New Delhi.
(vii)  Ministry of External Affairs:
(a) Addl. Secretary(PV)     (b) JS(Consular)          (c)  JS(BSM)
(viii) Chairperson, National Commission for Women, 4, Deen Dayal Upadhyaya Marg, New Delhi.
(ix)  Chairperson, National Commission for Protection of Child Rights, 5th Floor, Chandralok Building, Janpath, New Delhi.
(x)  Chairperson, National Human Rights Commission, Copernicus Marg, New Delhi.
(xi)  Director General, NCRB, R.K.Puram, New Delhi.
(xii)  Director General, BPR&D, New Delhi.
(xiii) Director General, Border Security Force, New Delhi.
(xiv)  Director, CBI, New Delhi..
(xv)   AS(CS) / JS(CS) / JS(UT) / JS(NE) / JS(K), MHA, North Block, New Delhi.

(G.V.V. Sarma)
Joint Secretary to the Govt. of India

Apr26

Apparel exports sector working to remove ‘child labour’ taint

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India‘s $14-billion apparel export sector and the Textiles Ministry have begun an initiative to help manufacturers focus on good work practices and prevention of child and trafficked/forced labour. This is part of their efforts to improve India’s image as an ‘ethical sourcing destination’. Significantly, the development follows blacklisting of the sector by countries such as the US and multinational chains (such as Gap Inc, Walmart, Tesco, H&M, Mothercare, C&A and Primark) on the grounds of products being made in units using forced / bonded / child labour.

For instance, the US Department of Labour continues to include India’s apparel export sector under its ‘Executive Order 13126′ List on the “Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labour.”The sector was also listed in the US Trafficking Victims Protection Reauthorisation Act meant to combat forced / child labour in foreign countries. The EU also has norms against export of products made using child/forced labour. The US and the EU account for 80 per cent of India’s apparel exports.

In a bid to remove the taint, the Apparel Export Promotion Council has started implementing a pilot programme called ‘DISHA’, or Driving Industry towards Sustainable Human capital Advancement. The Textile Ministry is the main funding source for the DISHA programme.Efforts began on Thursday to constitute a stakeholder forum including international organisations, NGOs, trade unions, third-party accreditation agencies, brands, retailers, buying houses and multi-stakeholder institutions.Such a forum will then come out with a ‘code of ethics’ to prevent child/forced labour and help the sector adopt international best practices, and further to grant certificates for units complying with ethical norms.

The other priority areas of DISHA include ensuring freedom of association in the sector, proper wages and benefits, compliance with all the relevant laws and social justice norms. Around 134 units have so far enrolled for DISHA certification, and 68 units have given their Letter of Intent to comply with the norms. Besides, Self Assessment Tool (SAT) workshops have been conducted for 51 units in Tirupur, Jaipur, Ludhiana and the National Capital Region around Delhi.

The Textiles Ministry has given an allocation of around Rs 6 crore for the first year (2011-12) of the programme, during which it will cover 400 units across the country based on a cluster approach.

arun.s@thehindu.co.in

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Apr26

Violation of Child Labour Act

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Wasim, a child labourer, works at a tea stall ...

Wasim, a child labourer, works at a tea stall in Indore, India. His work is to serve tea/coffee and wash glasses and other utensils.He received daily pay. He is able to read and write, having attended school in the past. (Photo credit: Wikipedia)

HUMAN TRAFFICKING INDIA IS A SHAKTI VAHINI – NATIONAL LEGAL RESEARCH  DESK INITIATIVE

The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha  that as per 2001 census, the total number of working children between the age group 5-14 years in the country was 1.26 crore. However, as per NSSO survey 2009-10, the working children are estimated at 49.84 lakh which shows declining trend. Under Section 3 of the Child Labour (Prohibition & Regulation) Act, 1986, prohibits the employment of children below the age of 14 years in 18 Occupations and 65 Processes. Any person who employs a child in any occupation or process where employment of children is prohibited under the Child Labour (Prohibition & Regulation) Act, is liable for punishment with imprisonment for term which shall not be less than 3 months but which may extend to one year or with fine ranging from Rs.10,000/- to Rs.20,000/-. States/UT Governments are appropriate Government for implementation of the Child Labour(Prohibition & Regulation) Act, 1986 in the areas comes under their jurisdiction . As per the available information State-wise prosecution launched during 2010 & 2011 is as per Annexure-I.  The Minister was replying to a written question whether it is a fact that some State Governments could not prevent the increasing number of child labour and whether Government has instructed the State Governments to take stringent action against those who violates Child Labour Act; and the State-wise details thereof and the total number of casesbooked under this act last year?

State-wise data  on Prosecution

State

No. of Prosecution
  2010 2011
Andmn&Nico I. U.T. NA NA
Andhra Pradesh 74 NA
Arunachal Pradesh NA NA
Assam 6 NA
Bihar 632 576
Chandigarh    U.T. 33 Nil
Chhattisgarh 62 NA
Dadra & Nagar H. U.T. NA NA
Daman & Diu U.T. Nil Nil
Delhi U.T. 313 2
Goa Nil Nil
Gujarat 112 71
Haryana 210 82
Himachal Pradesh 22 44
Jammu & Kashmir 22 42
Jharkhand 14 NA
Karnataka 479 232
Kerala NA NA
Lakshadweep UT Nil Nil
Madhya Pradesh 5772 170*
Maharashtra 25 11
Manipur

4
Meghalaya NA 2
Mizoram Nil Nil
Nagaland Nil Nil
Orissa 21 397
Pondicherry   U.T. Nil 10
Punjab 654 251
Rajasthan 18 38
Sikkim NA NA
Tamil Nadu 38 26
Tripura

1(1997-2011)
Uttar Pradesh 356 NA
Uttaranchal 2 5
West Bengal Nil 8
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