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.

 

Critical features missing from proposed anti-human trafficking law: Hardeep Puri

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PUBLISHED IN THE HINDUSTAN TIMES

India’s first anti-human trafficking law should have provision to penalise commercial carriers and transport companies if they fail to ensure that people travelling to the country are carrying requisite travel documents, Union urban affairs minister Hardeep Singh Puri has recommended.

The provision exists in the UN Protocol to Prevent, Suppress and Punish Trafficking Persons, Especially Women and Children, supplementing the UN Convention Against Transnational Organised Crimes, which puts the onus on commercial carriers in ensuring that passengers are in possession of requisite travel documents. India is a signatory to the UN convention.

In a letter to law minister Ravi Shankar Prasad last week, Puri has highlighted how “certain critical features” of the UN Protocol are missing from the proposed domestic law. Puri is part of the group of ministers (GoM) set up to review the anti human-trafficking bill

“The UN Protocol provides trafficking against women, along with minors be given due recognition. The current proposal, while adequately addressing tracking of minors, does not provide the same salience to crimes against women,” says Puri’s letter, a copy of which has been reviewed by HT.

Besides, Article 6, Section (1) of the UN Protocol states that “each state party shall protect the privacy and identity of victims of trafficking persons”.

“The proposed bill is silent on the need to secure the identity of victims,” Puri’s letter notes.

The draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2017, piloted by the Union women and child development (WCD) ministry, proposes punishment of up to 14 years for traffickers, measures to rehabilitate victims, and the mandatory registration of placement agencies that recruit and place domestic help.

In a first, it also treats a trafficked person pushed into prostitution as a victim, instead of the prevalent practice of treating them as criminals like the traffickers and facing jail term of up to seven years.

The bill was referred to a four-member GoM, headed by external affairs minister Sushma Swaraj last month when it came up for approval before the cabinet.

“It was referred to the GoM after Swaraj and Puri flagged incongruities in the bill,” said a senior government official familiar with the development.

WCD minister Maneka Gandhi and law minister Ravi Shankar Prasad are the other two members of the GoM.

“Once the GoM gives its report, we will go to the cabinet for approval,” said a senior WCD ministry official who did not want to be quoted.

Human Trafficking: 4 GH Girls Rescued From Bihar

The Shillong Times

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The Railway Protection Force (RPF) on Sunday rescued four teenage girls of Garo Hills while being trafficked to Muzaffarpur in Bihar. 
North Garo Hills Police has dispatched a women’s team to bring back the four girls to Meghalaya.
The police said illegal trafficking of men and women is a major problem as it continues unabated in Meghalaya.
According to the police, the four girls went missing soon after the New Year celebrations. An unidentified man from North Garo Hills lured the girls to come along with him to Muzaffarpur on the promise of giving them good jobs there with hefty salaries.
One of the parents filed an FIR with Mendipathar police station after receiving a call from his daughter that she was being taken to Muzaffarpur on the promise of a high salaried job.
After the FIR was filed, the police contacted a Church leader of North Garo Hills for help who, in turn, contacted Impulse NGO.
Subsequently, the Commissioner of Railway Protection Force (RPF) and IGP of Delhi Police for NE were contacted to launch a rescue mission.
The Impulse NGO also contacted NGOs and social welfare organisations in West Bengal and Bihar resulting in the rescue of the four girls.

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.