Shakti Vahini opposes and condemns the National Commission for Women Chief statement on Legalisation of Prostitution

New Delhi October 28, 2014 : Shakti Vahini Press Release

Prostitution is Organised Crime and Violation of Fundamental Rights. Trafficking and sexual slavery is worst form of Human Rights Violation. No women joins this inhuman trade out of choice. More then 95% of the women have been trafficked and forced into the sex trade.Immoral Traffic Prevention Act 1956 criminalises the organised crime of Prostitution.Organised Prostitution creates a demand for young girls for the brothels which is met by trafficking of minor girls from across the Country. .Giving Prostitution a legal status will be giving boost to demand of young minor girls who will be trafficked. In countries where such legalization has happened it has led to exploitation of women and girls and also commodification of women bodies.

There is no doubt that women who have been caught in the sex trade “need access to all Government facilities and schemes and efforts must be made to see that they join the mainstream and are properly rehabilitated. Also those who indulge in this organised crime of human trafficking which leads to kidnapping of young girls from across the country need to be properly punished”.

The sad part is that inspite of various recommendations from the Supreme Court in various cases no geniune efforts have been made by any Government to see that this social malice which results from Organised Crime be eradicated. The statement of the National Commission for Women Chairperson for legalising prostitution is deplorable.
It is time that the Government of India ammends the Immoral Traffic Prevention Act and brings in harsher punishments to the people who are involved in this organised crime.

NCW Chiefs Remarks on Legalization of Prostitution is deplorable

The Supreme Court on July 26,2012 had clarified ” The Supreme Court today modified one of its order on welfare and rehabilitation of sex workers on the Centre’s submissions that the last year’s order gave an impression that it seeks to legalize prostitution. Allaying the Centre’s fears that it was giving its seal of approval to prostitution, a special bench of justices Altamas Kabir and Gyan Sudha Misra modified its earlier order, saying “the modification shall not be construed that by this order any encouragement is being given to prostitution.” Modifying its earlier order, the bench clarified that it would only examine the “conditions conducive for sex workers to work with dignity in accordance with provisions of Article 21 of the Constitution.”

The bench stated that it was keen that sex workers should be given opportunity to avail rehabilitation measures of the government and other agencies for them. While adjudicating a petition for rehabilitation of former sex workers, the apex court had on July 19, 2011 framed three terms of reference. Appointing a broad-based panel to look into the matter, the apex court by its July 2011 order had formulated three questions related to prevention of trafficking, rehabilitation of sex workers who wish to leave the sex work and “conditions conducive for sex workers who wish to continue working as sex workers with dignity.”

On the Centre’s submission that the third term gave an impression that prostitution has been sought to be legalised, the apex court modified it to read as “conducive for sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution”. “The above modification shall not be construed that by this order any encouragement is being given to prostitution,” the bench added. Justice Sudha had also observed, “While we do not wish to encourage sex trade we would emphasise rehabilitation of sex workers for which we had taken the issue. “We wish to add although the sex workers have right to live with dignity. There has to be collective endeavours by courts and sex workers to give up flesh trade in case they are given alternative platform on employment.”

The Supreme Court in its order dated July 26, 2012 in Budhadev Karmaskar vs State of West Bengal (Criminal Appeal 135 of 2010 ) had clarified:

While concurring with the views of my learned brother Justice Altamas Kabir, I prefer to add in regard to the second issue that this Court should not be misunderstood to encourage the practice of flesh trade or advocate the recognition of sex trade merely because it has raised the issue to emphasize the rehabilitation aspect of the sex workers, for which this Court had taken the initiative right at the threshold. I consider this essential in order to allay any apprehension which prompted the Union of India to move this application for modification, by highlighting that the sex workers although have a right to live with dignity as the society is aware that they are forced to continue with this trade under compulsions since they have no alternative source of livelihood, collective endeavour should be there on the part of the Court and all concerned who have joined this cause as also the sex workers themselves to give up this heinous profession of flesh trade by providing the destitute and physically abused women an alternative forum for employment and resettlement in order to be able to rehabilitate themselves. I, therefore, wish to reiterate by way of abundant caution that this Court should not be perceived to advocate the recognition of sex trade or promote the cause of prostitution in any form and manner even when it had stated earlier in its terms of reference ‘regarding conditions conducive for sex workers who wish to continue working as sex workers with dignity’.

Thus, when we modify the earlier term of reference and state regarding conditions conducive for sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution, the same may not be interpreted or construed so as to create an impression or draw inference that this Court in any way is encouraging the sex workers to continue with their profession of flesh trade by providing facilities to them when it is merely making an effort to advocate the cause of offering an alternative source of employment to those sex workers who are keen for rehabilitation. When we say ‘conditions conducive for sex workers to live with dignity’, we unambiguously wish to convey that while the sex workers may be provided alternative source of employment for their rehabilitation to live life with dignity, it will have to be understood in the right perspective as we cannot direct the Union of India or the State Authorities to provide facilities to those sex workers who wish to promote their profession of sex trade for earning their livelihood, except of course the basic amenities for a dignified life, as this was certainly not the intention of this Court even when the term of reference was framed earlier.

We, therefore, wish to be understood that we confine ourselves to the efforts for rehabilitation of sex workers which should not be construed as facilitating, providing them assistance or creating conducive conditions to carry on flesh trade for expanding their business in any manner as it cannot be denied that the profession of sex trade is a slur on the dignity of women. Conditions conducive for sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution be therefore understood in its correct perspective as indicated above.

Trafficking Kingpin Pannalal Arrest Brings Focus to Illegal Placement Agencies Indulging in Human Trafficking

SHAKTI VAHINI PRESS RELEASE/ 24 October 2014

The hide and seek of Panna Lal and his wife came to an end on 19th October, 2014 with their arrest by Crime Branch Delhi and Jharkhand Anti-human Trafficking Unit under various charges from Shakurpur area of Delhi. 31 years old Panna Lal and his 37 year old wife Sunita were most wanted in various FIRs in Jharkhand. Human Trafficking kingpin, Panna Lal and his wife have been trafficking minor and young tribal girls from the remote areas of Jharkhand.

Search For Pannalal and His Wife

On 13th October, Panna Lala’s Sister in law Gayatri was arrested for illegally bringing minor girls from Jharkhand and then selling them off in domestic Slavery. Gayatri was also a named accused in a FIR in Jharkhand. Fearlessly, she was running a Gayatri placement agency in M Block, Shakurpur, Delhi and operating from there.

On 13th October, 2014 a raid was conducted by Jharkhand AHTU team and Delhi Crime Branch along with Shakti Vahini (for search of trafficked victims) in which Gayatri was arrested. She was produced in Rohini court same day and was later taken to Jharkhand.

A search for Panna Lal and Sunita was also conducted at different hideout of Panna Lal in Shakur Pur but the couple was not found. Meanwhile a strong informer network was developed by Jharkhand AHTU in Shakurpur to get the details of Panna Lal and his wife.

Arrest of Pannalal and His Wife

Jharkhand AHTU S.I Aradhana Singh kept a watch at the house of Panna Lal in Shakurpur through informers. Getting a tip off from the informer about the whereabouts of Panna Lal and Sunita, Sub Inspector Aradhana Singh immediately Co-ordinated with Delhi Crime Branch and a raid was conducted early morning at Panna Lal’s residence in Shakur Pur and both were arrested on 19th October, 2014.

Jharkhand AHTU team reached Delhi to take the custody of Panna Lal and Sunita. With no remorse on their faces, the Couple was produced before Duty Magistrate, Rohini Court at around 2:30 P.M and were sent to Tihar Jail. Jharkhand AHTU will be given the custody of the couple in their next production before the court.

Modus Operendi of Panna Lal and Sunita

Panna Lal and Sunita were running more than 200 illegal placement agencies with different names in Delhi whereby they were bringing minor girls from Jharkhand and were selling them as domestic slaves with an advance payment of Rs 20,000 to Rs 30,000/- per girl, in the affluent house of Delhi.

Panna Lal and wife Sunita used to target the minor girls and the most vulnerable families of remote and tribal areas of Jharkhand. Once a girl is being targeted, she is lured with false promises of marriage, good job, education or good life. Families were also given assurance that the girl will be given a good life and her salary will be sent to them every month. After the girl is being taken to Delhi, she is confined and placed into houses by these placement agencies of Panna Lal, to work from early morning till late nights without any break or holiday. The salary of the girl is also taken by Panna Lal. Every girl is placed in a house for 11 months and was then after 11 months she is further placed in other house. Victims are not allowed to go back to their home or to meet their relatives.

The trafficking victims were exploited not only by these persons but also by their employers. Those who are fortunate enough get rescued by Police or anti-Trafficking organisation while other stay confined as slaves.

Delhi: A hub of illegally running placement agencies

Delhi has rapidly become a hub for placement agencies in past few years. Areas like Tughlakabad, Ranibagh, Punjabi Bagh, Shakurpur, Shakarpur etc emerged out as centres for these placement agencies. There more than 10,000 placement agencies illegally running in Delhi and more than 4000 of these agencies are situated at Shakurpur only under the jurisdiction of Subhash Place police station. While a very small number of these agencies are registered under Labour Department but they have not comply with the rules yet. There is no law to regulate these agencies so far due to which these agencies are fearlessly trafficking minors from States of Jharkhand, Bihar, Assam, West Bengal and Orissa. Even if an agency is raided and closed down, the agents get away easily and reopen a new agency with different name and address and the never ending cycle of exploitation of minor girls continues.

Jharkhand C.I.D, last year handed over a list of 240 agents and agencies running illegally in Delhi and involved in trafficking minor girls from Jharkhand, a copy of which was also given to Shakti Vahini. The names of Panna Lal and Sunita were also exposed in the list. The Jharkhand police was looking out for these two traffickers since a long time and with the arrest of Panna Lal and Sunita, Jharkhand police hoping that many other names may come out.

Role of placement agencies in Child Trafficking

Placement agencies are playing a major role in trafficking minor girls as well as children for the purpose of labour, sex slavery and forced marriages. The traffickers have changed their modus operandi with the changes in law and society.

In most of the cases the trafficker is known to the victim who convinces the victim and her/his family and further sell them over to placement agent. The placement agencies generally recruit a person to target the girls and then pick them up (By luring or sometimes by kidnapping) and bring them to main cities of the state. From the main cities another person come in charge and further take the victims to railway station from where they are handed over to another person and brought to Delhi. After reaching Delhi, the victims are further handed over to another person and brought to Placement agencies.

Some victims are then placed in various houses as domestic help with a payment of Rs 20,000/- to Rs 30,000/- , while others are sold off into forced marriages or Prostitution. The girls who are placed in houses with a monthly salary of Rs 1000 or Rs 3000 never get their wages. A girl is placed in one house for 11 months and every month the placement agencies take their salary which never reaches the victims or their families. Once a victim completes her 11 months in house, she is further placed into another house and the exploitation continues.

For objecting the work given by placement agencies, the victims are tortured, thrashed and beaten up badly, many times these victim girls report sexual violence and assault by the placement agents and even by their employers. The girls are kept confined in the placement agencies till the time they are sold further.

These placement agencies keep on changing their addresses, name and contact details to escape from law. Taking benefits of various loop holes in law and government machineries the placement agencies operate freely and actively.

What can be done?

A time when, the Prime Minister of India Shri Narendra Modi is focussing on labour reforms and giving dignity to labour, the country on the other hand fails to recognise one of the main work force i.e. Domestic Labour. Domestic Labour or Domestic Worker constitutes a huge work force in India which usually remained hidden in closed doors of our houses.

Need to regulate the placement agencies

There is an urgent need to regulate the placement agencies operating in Delhi. A bill to regulate the placement Agencies and to recognise domestic worker as a work force, named “The Delhi Private Placement Agencies (Regulation) Bill 2012, was presented before the government. But, the bill is not passed yet.

Chhattisgarh in this context has taken a vital step by becoming the first state to launch the Private Agencies (Regulation) Act this year.

Recently, on 25th September, 2014, Labour Department, Governemnt of National Capital Territory of Delhi in compliance with the order of Delhi high court in writ Petition (Crl.) 82/2009 , passed an executive order whreby the placement agencies are directed to get themselves registered under “Delhi Shops & Establishment Act, 1954” or “Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 before 25th October, 2014.

Silent Features of the Order:

A domestic worker is defined as the person who is of the age 18 years or more who performs domestic work only sporadically and is employed through a contractor.

Placement agencies shall provide the details of their details, Number of persons/ domestic workers, who are employed through them with their names, age and addresses, Details or salaries fixed, addresses of employers, period of employment, nature of work, details of commissions received from the employers.

The applicant will be given a license to run his/her placement agency after 15 days of issuance of the registration certificate by Labour department.

Every Domestic Worker will issued an attested pass book by his/her placement agency indicating name, age, address, employer’s name, period of employment, payment of wages etc.
Agreement for engagement of domestic workers by the employer through placement agency shall be in writing.

If placement agencies do not comply with the provision of the order, a penalty will be imposed or the registration/license will be cancelled to run the agency in Delhi-NCR

The Delhi Commission for Women and Child Welfare committee are given special powers and duties in virtue of the direction of Hon’ble High Court of Delhi.

Taking a strong stand against the trafficking of minors in Delhi for domestic workers and their exploitation, the order has also given power to Delhi Commission for Women and Child Welfare Committee to examine the complaints related to withholding wages not less than minimum wages, harassment or abuse by placement agencies and employers, non-compliance of the agreed terms, abusive working conditions, long working hours, lack of basic facilities etc.

State Plan of action to Combat Human Trafficking.

States have to come up with a state plan of action for the Rehabilitation of trafficking victims and preventing trafficking of children and Women. The State plan of action will focus on ensuring protection, Rehabilitation, and rescue of trafficking Victim, and providing Training, education and awareness at mass level about human Trafficking.

Providing training and skills to Domestic helps

The domestic helps working in our houses shall be treated with dignity and shall be given training for skill development. The harassment and exploitation of domestic helps can come to an end if they are provided with education and skill development training.

Give Dignity to your Domestic help.

It is very much needed that each and every person shall come forward and give respect and dignity to the domestic help. Make sure that you are not employing anyone who is below the age of 18 years. Verify the identity of your Domestic help’s. Check the registration of the placement agency with local police. Pay the salary according to the minimum wages prescribed by the government, directly to him/her in bank accounts.

Most of the domestic worker comes from the back breaking poverty background with a hope of assisting their family in financial condition. But Irony is that the amount that we pay to placement agency as advance or as salary of our domestic help never reaches them. Hence in cases a girl is rescued and restored back to her family, have the high chances of getting trapped by the traffickers again.

RWAs have to come forward

Resident Welfare Associations (RWAs) are playing a vital role in cities like Delhi to look into the general affairs of the locality. RWAs have to take up the command to see that no child or a woman is forced to work in its locality. RWAs shall time to time sensitize residents about the Domestic helps. They shall take the responsibility of their locality and make it a slavery free locality.

Every day, Thousands of innocent children and women are being at a risk of trafficked and forced to work as slaves in and around our houses. The number of missing children and girls is increasing day by day.

We at Shakti Vahini have been actively working in bringing the victims close to the justice.

Two girls from Bengal rescued in U.P.

PUBLISHED IN THE HINDU

A heavily skewed sex ratio in Uttar Pradesh is resulting in trafficking and ‘forced marriages’ of many girls from eastern India. The girls are lured by ‘so-called lovers’ and sold to ‘clients or would-be husbands’ at a premium price. The girls are often used as ‘sex slaves’ and then resold. Two girls from the North 24 Parganas district of West Bengal were sold as ‘brides’ on the outskirts of Noida in western Uttar Pradesh. Both the girls, aged 19 years, were rescued by the West Bengal Police in a joint operation with Shakti Vahini, an NGO, earlier this week. Consequently, a major trafficking racket was busted.

In another instance, a minor girl from Uttar Dinajpur district was rescued from Bilaspur district of Himachal Pradesh around the same time.

The two girls from North 24 Paraganas were lured by Akhtar Ali, a resident of the same district. They were forced into marriage to two villagers in Western U.P .who allegedly paid Rs. 40,000 for one girl and Rs 50,000 for the other.

“The girls who are forced into marriages typically end up as slaves. Due to skewed sex-ratio in places such as western UP, Haryana and Punjab, girls from West Bengal and other parts of eastern India are trafficked on a regular basis,” said Rishi Kant, an activist with Shakti Vahini. The number of females per thousand males in Uttar Pradesh is 912, which is below the national average of 940, as per census of 2011.

Physically tortured

After winning the confidence of the girls, Ali took them to Noida in separate trips. The girls were initially confined in the house of Basanti, an elderly woman, who later sold them to Sanju and Tinu of Khatna village and Tulsivihar in Noida, respectively. The girls were practically imprisoned by these men and ‘physically tortured’. However, they managed to get in touch with their relatives in West Bengal, who in turn approached the police and the NGO.

The accused (Basanti and Akhtar Ali and two buyers in UP) have been booked under relevant sections of the law on the basis of two complaints made at the Hasnabad and Deganga police stations of the district,” said Bhaskar Mukherjee told The Hindu, Additional SP, North 24 Paraganas.

According to Sarbari Bhattacharya, an officer with the anti-human trafficking cell of the West Bengal police, the practice of ‘forced marriage’ in the illegal trafficking business, is ‘relatively a new phenomenon.’

“I can recall an incident in 2012 when the remains of a girl were recovered by the police at Khurja in UP, after she was trafficked and forced into a marriage, and then killed and buried,” the officer said.