India’s first anti-human trafficking law proposes life term for repeat offenders

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The bill, reviewed by HT, also proposes a jail term of at least a year and a fine of Rs 1 lakh for those who abet trafficking or fail to protect a victim.
A trafficking victim who was rescued, in Jharkhand.

A trafficking victim who was rescued, in Jharkhand.(Vipin Kumar/HT File Photo)

Life imprisonment for repeat offenders, special courts and dedicated police units are part of key provisions in India’s first law to tackle human trafficking that is likely to be taken to Parliament for approval in the current session.

The bill, reviewed by HT, also proposes a jail term of at least a year and a fine of Rs 1 lakh for those who abet trafficking or fail to protect a victim; and seven years and Rs 2 lakh fine for the owner or manager of a property that has been used for the crime.

Around 8,100 cases of trafficking were recorded in India in 2016 and around 23,000 victims of trafficking were rescued that year, according to National Crime Records Bureau figures that experts call a “mere tip of the iceberg”. Currently, trafficking is covered by a clutch of laws that often delay trials but the government has been working on an umbrella legislation for more than two years.

“The bill — Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2017 — is ready and we will take it to Parliament in the Budget session, itself,” said an official involved in the process, asking not to be named.

“In India, life imprisonment does not mean jail for life but usually for a defined period which is generally more than 7 years. But this Bill clearly specifies that for repeat offenders and for those who have committed aggravated form of trafficking, jail term will be for the remainder of the offender’s life,” said the official.

“No person accused of committing an offence under this Act shall be released on bail or on his own bond…,” read the bill, reviewed by HT.

Since trafficking usually involves interstate gangs, the bill proposes district-level “anti-trafficking unit” with an “anti-trafficking police officer”, and a designated sessions court for speedy trials.

State governments need to create a Rehabilitation Fund that will allocate financial resources for protection homes, legal assistance to victims and skill development programmes. The fund will also be used for victim and witness protection and for generating awareness to prevent human-trafficking.

“Section 370 of the IPC is a very strong law to deal with human-trafficking, but this bill becomes important as victims require support such as rehabilitation, witness protection etc. Also a central bill would mean budgetary support to deal with the monitoring and prevention of human-trafficking,” said Ravi Kant, president, Shakti Vahini, an NGO working to prevent human-trafficking.

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Human trafficking racket busted, four minor girls rescued

The Tribune

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The police today busted a human trafficking racket with the arrest of two persons. Four minor girls were rescued and one of them has been hospitalised after her employer allegedly inflicted injuries on her.The accused have been identified as Surender Malto and Arun, both residents of Jharkhand. The duo were arrested from Sector 30 here this morning.A police official said Surender had bought one of the victim from his home district for Rs 4,000 two years ago and had sold her to a person in Delhi. The victim, who is recuperating in a local hospital, told the police that she was not only raped several times, but was also sold to two persons during the last two years.She said she was employed as a domestic help in Delhi earlier and was brought to Faridabad and sold to one Mani Mishra here.She accused both her employers of torture and sexual abuse. She alleged that a remuneration of Rs 30,000 earned by her in Delhi was also snatched from her.She said on January 27, she was beaten up with iron rods and a knife and was seriously injured. She managed to escape from the confinement the same night. She was then admitted to a hospital by some locals.The police after registering an FIR carried out raids jointly with Haryana State Commission for Protection of Child Rights (HSCPCR). The other two accused namely Mani Mishra and his wife Anima Mishra are yet to be arrested.Mishra admitted that he had trafficked around 30 girls in the recent past. He said girls were sold upto Rs 20,000 each as domestic maids in the NCR.BK Goel, member, HSCPCR, said he had taken up the matter with the police asking it to probe the functioning of illegal placement agencies in the region.Two Jharkhand girls were also rescued in Ambala district recently.

3 more arrested for human trafficking

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Three more accused in international human trafficking racket were arrested by unit III crime branch on Friday and Saturday. While Pyara Singh Gotara was arrested on Friday, Jarnel Singh Gotara and Rajinder Singh Atwal were picked up on Saturday.

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The number of arrested accused has now gone up to ten. Police said that 57 youngsters were trafficked from the city to North America, Europe, Haryana, Punjab and Delhi, apart from Maharashtra.

According to police, of the ten arrested, two accused would create fake bona fide and school leaving certificates. The youngsters were trafficked to shops, construction sites, hotels and malls as workers and for driving taxies. So far, 20 trafficked persons have been traced while hunt for other accused and victims is continuing.

Teenager crushed under truck

 Seventeen-year-old Prasanjeet Meshram, a labourer, who was riding pillion on a bike, died on the spot after being hit by an unidentified truck in front of Umiya gate at Kalamna on Saturday.
Prasanjeet was sitting between rider Mukesh Kosare and his cousin Ganesh Bawne when the trio was returning from Bhandara.
All the three fell off after being hit by the truck. Kosare and Bawne sustained minor injuries. However, Prasanjeet succumbed to head injuries.
Kalamna police have registered a case of negligence in driving against the unknown truck driver.

 

Godman running trafficking racket: DCW after rescuing 2 girls from Delhi ashram

The girls were confined illegally at an ashram run by spiritual leader Virender Dev Dixit in Karawal Nagar.
DCW chief Swati Maliwal has demanded a CBI probe into ‘human trafficking racket’ being run by Virender Dev Dixit. (Photo: PTI/File)

DCW chief Swati Maliwal has demanded a CBI probe into ‘human trafficking racket’ being run by Virender Dev Dixit.

Two girls were on Tuesday rescued from illegal confinement at an ashram run by spiritual leader Virender Dev Dixit in Karawal Nagar in a joint operation by the police and Delhi Commission for Women (DCW), officials said.

Some literature was also confiscated from the ashram where the girls were  confined, as crackdown continued on the controversial spiritual leader’s premises, they said.

DCW chief Swati Maliwal along with Ajay Verma, advocate appointed as amicus curae by the Delhi High Court, had visited the centre at Karawal Nagar on Monday. They found six women, including the two minors, living in confinement there.

Maliwal, who visited another centre run by Dixit at Nangloi on Monday, demanded a CBI probe into what she suspected was a human trafficking racket being run by him.

“It appears that Baba Virender Dev Dixit is running a human trafficking racket. The CBI should urgently and simultaneously conduct raids at all ashrams of Dixit across India and close them down. By delaying the raids, he is getting time to cover up his action,” she had said.

On December 23, the DCW along with the Delhi Police raided Dixit’s ashram in Mohan garden area of Uttam Nagar and found 25 women confined there.

The issue had come to light due to a PIL filed by an NGO Foundation for Social Empowerment before the Delhi High Court.

The NGO had informed the court that several minors and women were allegedly being illegally confined there.

Victims of Human Trafficking, These Chhattisgarh Girls Are Now Proud Bakers

The Better India

Reports suggest that close to 1500 cases of children who, as per a UNICEF survey, were trafficked from only five blocks in Chhattisgarh’s Jashpur district alone, from 2012 to 2014.

Beti Zindabad’ is a flagship project undertaken by the Chhattisgarh government. This unique initiative is helping survivors of human trafficking by setting up bakery units in Jashpur, in Chhattisgarh. Chhattisgarh is among top five states in the country, as far as figures for women and girl trafficking is concerned.

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The ten women survivors who run this unit have been subjected to trauma, trafficking, enslavement, and even physical abuse. While many organisations across the state are working on rescuing these girls, little is being done to rehabilitate them and help them live their life with dignity. Running this bakery unit has given their life a new meaning, and these women are embracing it well.

After spending some of the darkest days of their life, they were rescued from different parts of the country.

Aged between 15 and 21, the girls were excited with a long list of orders for nearly 100 cakes to deliver during Christmas, as reported by Times of India.

To prevent them from victims again, the idea of baking was introduced – Fresh out of the oven

As per a report in Nyooz, “Girls suffer from social stigma and their economic and social emancipation is crucial for their survival after their rescue. Breaking the pattern of obsolete skill development programmes, youths in Jashpur are being trained in hospitality, construction work, plastic engineering, fire safety and other occupational skills.

One of the girls in the group said that she was trafficked to Hyderabad a few years ago and was forced into domestic slavery. She was then left locked in a house by the owners with a mobile phone and very little to eat when they went on holidays.

“I was desperate to return home and totally exhausted. It was while watching a crime show on TV through which I learnt about a helpline number for children and I immediately called up for rescue. Though the traffickers were also arrested, I hadn’t brought anything back after nine years of slogging,” she narrated.

She was sexually and mentally assaulted, and her parents assumed she was dead as she wasn’t allowed to contact them all this while, as reported by the Times of India.

Here’s wishing this project the best and hope that many more survivors can live their life with dignity.

 

New anti-trafficking law soon: Life term for repeat offenders

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The bill has proposed 10-year punishment for those engaging in “aggravated forms of trafficking". For repeat offenders, it suggests imprisonment for life. The bill has also proposed the establishment of a national anti-trafficking bureau.
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 The government is set to introduce a law to guard against human trafficking, proposing a 10-year punishment for those engaging in “aggravated forms of trafficking” while seeking life imprisonment for repeat offenders.
A bill to identify various forms of trafficking, including for the purposes of bonded labour, sexual exploitation, pornography, removal of organs and begging, has proposed severe punishment for those engaging in the heinous crime.

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017, initiated by the Women & Child Development Ministry, is currently with a Group of Ministers (GoM) that will take a final view on the matter, official sources told TOI.

The bill proposes the establishment of a national anti-trafficking bureau, which shall be entrusted with the gamut of issues aimed at controlling and tackling the menace under various forms. These include coordination, monitoring and surveillance of illegal movement of persons and their prevention. The bureau will also be entrusted with increasing cooperation and coordination with authorities concerned and organisations in foreign countries for strengthening operational and long-term intelligence for investigation of trafficking cases, and driving in mutual legal assistance.

Listing out the ‘aggravated forms of trafficking’, the bill speaks about offences such as forced labour, or bonded labour, by using violence, intimidation, inducement, promise of payment of money, deception or coercion. Also, it mentions trafficking after administering any narcotic drug or psychotropic substance or alcohol, or for the purpose of marriage or under the pretext of marriage.

The aggravated form also includes trafficking for the purpose of begging or forcing those who are mentally ill or are pregnant. “Whoever commits the offence of aggravated form of trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to life imprisonment and shall be liable to fine that shall not be less than Rs 1 lakh,” the bill proposes.

For repeat offenders, it suggests imprisonment for life “which shall mean imprisonment for the remainder of that person’s natural life”, apart from a fine that will not be less than Rs 2 lakh.

As per data released by the National Crime Records Bureau (NCRB), human trafficking numbers rose by almost 20% in 2016 against the previous year. NCRBsaid there were 8,132 human trafficking cases last year against 6,877 in 2015, with the highest number of cases reported in West Bengal (44% of cases), followed by Rajasthan (17%).

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Of the 15,379 victims who were caught in trafficking, 10,150 were female and 5,229 males. NCRB said the purpose of trafficking included forced labour; sexual exploitation for prostitution; other forms of sexual exploitation; domestic servitude; forced marriage; child pornography; begging; drug peddling; and removal of organs. It is believed that the numbers recorded by NCRB are a far cry to actual incidences of trafficking as many cases went unreported with many people still unaware of the crime or lacking confidence to seek police help.

For those engaging in ‘buying or selling’ a person, the bill proposes rigorous imprisonment for a term not less than seven years which can be extended to 10 years with a fine upwards of Rs 1 lakh. The bill also seeks punishment for those engaging in trafficking with the help of media, including print, internet, digital or electronic. It stipulates a punishment of not less than seven years which can go up to 10 years and a fine not less than Rs 1 lakh.

“Whoever distributes or sells or stores, in any form in any electronic or printed form showing incidence of sexual exploitation, sexual assault or rape for the purpose of extortion or for coercion of the victim or his/her family members, or for unlawful gain, shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to seven years.”

Apart from the national bureau, the bill also aims at having state-level anti-trafficking officers who shall also provide relief and rehabilitation services through district units and other civil-society organisations.
The bill also spells out measures towards relief and rehabilitation for the victims of trafficking, and seeks the formation of a committee for this purpose. The committee is proposed to be headed by the women & child development secretary and would have members from the ministries of home; external affairs; labour and employment; social justice and empowerment; panchayati raj; and heath and family welfare.

NIA likely to investigate human trafficking cases

nia-likely-to-probe-human-trafficking-casesPUBLISHED IN ECONOMIC TIMES

The National Investigation Agency (NIA) could be empowered to investigate cases of human trafficking, in what seems to be a breakthrough in the nearly year-long consultations among various stakeholders, including the home ministry and the ministry of women and child development.

Sources say the additional responsibility for the National Investigation Agency (NIA) would be part of the proposed anti-human trafficking law unveiled by Maneka Gandhi last year.

The move will also require amending the law that gave birth to the counter-terrorism agency — the National Investigation Act, 2008.

The Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016, proposed setting up a National Bureau on Trafficking in Person for “prevention, investigation of the trafficking of persons cases and protection of the victims of trafficking” — a role which could be performed by the NIA, sources said.

“The ministry of home affairs (MHA) wanted NIA to investigate trafficking and we have agreed to that. MHA has also given its approval for the draft Bill. After we get a green flag from Prime Minister’s Office, a Cabinet note will be circulated,” according to a top official of the ministry of women and child development.

Another official said “a cell within NIA” could be probing human trafficking cases.

After the Union Cabinet gives its approval, the draft bill will be tabled before Parliament.

“Traffickers enjoy immunity because local police agencies are not able to probe inter-state or cross-border crimes. We require a nodal agency as 80-90 per cent of trafficking cases span across various states,” said Ravi Kant, Supreme Court Advocate & President of NGO Shakti Vahini,  explaining why activists have been seeking a central body to probe human trade.

Government officials say to empower the NIA to investigate trafficking cases the National Investigation Act, 2008, will have to be amended.

The NIA was set up by the previous UPA government in 2009 to probe terrorist activities in the aftermath of the 2008 Mumbai attacks, which killed 166 people.

As per the National Investigation Act, the anti-terror body is empowered to probe offences under eight specified laws, including the Atomic Energy Act 1962, the Unlawful Activities (Prevention) Act 1967, and the Anti-Hijacking Act 1982.

The proposed anti-human trafficking legislation will be independent of the existing law on trafficking in relation to prostitution — Immoral Traffic (Prevention) Act, 1956 — while a section of the civil society has sought an umbrella law.

The draft law divides offences into “trafficking” and “aggravated trafficking”.

The punishment for offences in the former category is rigorous imprisonment between 7 and 10 years and a fine of not less than Rs 1 lakh, while aggravated forms of trafficking will invite a jail term of between 10 years and life imprisonment and a fine of not less than Rs 5 lakh.

Aggravated trafficking will include trafficking of children, transgenders, differently-abled, pregnant women and those which involve use of drugs and alcohol.

There is also a provision for a national committee as well as a central fund for the relief and rehabilitation services for the victims.