Girls rescued from Delhi Rajdhani

index.phpPUBLISHED IN THE HINDU- BY SHIV SAHAY SINGH
The Committee in its order directed that statements of the girls be recorded under Section 164 of the CrPC on their return to the State.

The rescue of three teenage girls in Delhi has once again brought to the fore the problem of trafficking from West Bengal. They rescued girls hail from Gobardanga in North 24 Parganas district.

Huddled inside a toilet of Sealdah-Delhi Rajdhani Express, the girls between 13 and 16 years arrived in Delhi on September 4. But before they could fall into the trap of traffickers, the police took them under their protective custody.

The three Class VIII students were produced before a Child Welfare Committee in Central Delhi on Monday. The Committee directed that a police officer who had reached Delhi from West Bengal should escort the girls to their homes and put them back in school. The Committee in its order directed that statements of the girls be recorded under Section 164 of the CrPC on their return to the State. “Though the girls said that they wanted to escape home, there are inconsistencies in the statement. References to an aunt of one of the three girls who was earlier working as a bar dancer have also emerged in the conversation with them,” Rishi Kanta an activist of Shakti Vahini, told The Hindu over phone from Delhi. When the matter came to the notice of the representatives of the NGO, they informed the West Bengal Government, which sent a police team to Delhi.

“It is a matter of concern how three minor girls reached Delhi, a long way from West Bengal and that too by the Rajdhani Express. Nothing could be revealed during discussion, whether the Ticket Examiner examined their ticket or not. The girls said they came without ticket,” reads a letter addressed to West Bengal Women and Child Development Department and the State’s Criminal Investigation Department by a representative of Shakti Vahini.

As trafficking of women and children continues to be a major concern of the State, NGO representatives suggested that strict vigil should be ensured at every railway station in the State to prevent such cases.

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We are not encouraging sex workers, Supreme Court clarifies

NATIONAL LEGAL RESEARCH DESK

NEW DELHI: 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.” It added 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 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.”

Six minors among 14 rescued from brothels

PUNE: The Pune crime branch has rescued 14 women including six minors from two brothels in Budhwar Peth area. The police have arrested five brothel owners under prevention of immoral trafficking act (PITA). The social security cell of the crime branch led by senior police inspector Bhanupratap Barge made the arrests.

Barge told the TOI that he received a tip-off the minor girls were forced into prostitution in some brothels in the Budhwar Peth area. “We raided a brothel in a new building in Budhwar Peth and rescued four women including two minors,” Barge said.

He said that one of the minors was from Bangladesh. The police arrested two women for allegedly running brothel. “They have been identified as Puja Tamang and Maili Tamang,” Barge said. Barge said that the police also raided another brothel in the Sapna building in Budhwar Peth and rescued 10 women including four minors. “We have arrested three suspects in this regard. They have been identified as Shankara Nayak, Kajal Sardar and Bilkis Shaikh all from Sapna building,” Barge said.

Separate cases have been registered against the suspects with the Faraskhana police station. The investigating team comprised police sub-inspector Ashwini Jagtap, police constables Dattatreya Nikam, Kernath Kamble, Shashikant Shinde, Ajit Dhumal, Sandip Holkar and Sohanlal Chutele.

Eight girls rescued from placement cells

TIMES OF INDIA

NEW DELHI: Eight girls from Assam, Jharkhand and Chhattisgarh have been rescued from four placement agencies in east Delhi allegedly involved in human trafficking. Four persons, including a woman, have been arrested.

“There was a tip-off from an NGO, Shakti Vahini, and we raided the four placement agencies, Babita Enterprises, India Maid Bureau, Deepika Placement Agency and Mission Welfare Society,” said Sanjay Kumar Jain, deputy commissioner of police (crime). The arrested have been identified as Ravinder Yadav, Pradeep Toppo, Vimal Kerketta and Babita, all residents of Shakurpur in east Delhi.

Four of the rescued girls are from Assam, one from Chhattisgarh and three from Jharkhand. “The girls were terrified and have disclosed that the placement agencies had employed them as domestic help across Delhi. When they wanted to go home, the agencies had detained them and withheld their earnings. These placement agencies wanted them to employ further as domestic helps

,” Jain said. After medical examination, the girls were sent to the children’s home for girls at Nirmal Chhaya in Hari Nagar. Ten girls, who were lured on the pretext of employment in the capital, were also rescued from GB Road brothels in central Delhi. The girls in the age group of 15-18 years were rescued from GB Road brothels following a tip-off by Rescue Foundation, an NGO. Nine of them are from West Bengal and one from Bihar.

“They all belong to poor families and were lured on the pretext of providing them employment in Delhi,” Devesh Srivastava, Additional Commissioner of Police (Central), said. The raid was conducted after the NGO informed police that a a minor girl who was missing from 24 Pargana in West Bengal is confined at Kotha No- 58, GB Road. Out of ten, nine are residents of West Bengal while one is from Bihar.

Graft fuels trafficking

Graft fuels trafficking

Graft fuels trafficking

PANKAJ SARMA IN THE TELEGRAPH

US department of state’s report paints gloomy picture for region

Guwahati, June 20: A US government report has painted a gloomy picture of human trafficking in the Northeast.The US state department’s 2012 Trafficking in Persons Report, released by secretary of state Hillary Clinton yesterday, said there had been a rise in women from the region being subjected to “servile marriages” in states with low female-to-male child sex ratios such as Haryana and Punjab. According to the report, girls from the Northeast are also subjected to transactional sexual exploitation in West Asia under the guise of temporary marriages.

The report blames corrupt law enforcement officers in India of facilitating the movement of sex trafficking victims besides protecting suspected traffickers and brothel-keepers from enforcement of the law by taking bribes from sex trafficking establishments and sexual services from victims. “Some policemen allegedly continue to tip off sex and labour traffickers to impede rescue efforts,” the report said.

The arrest of a BSF jawan posted at Aizawl for trafficking a minor girl from Mizoram to Rewari district in Haryana in September 2011 also finds mention in the report, which says the accused jawan has been out on bail since December 2011. The report has put India among Tier 2 countries whose governments do not fully comply with minimum standards but are making significant efforts to bring themselves into compliance.

“The government of India does not fully comply with the minimum standards for elimination of trafficking. However, it is making significant efforts to do so. The ministry of home affairs continues to establish anti-human trafficking units which are responsible for combining law enforcement and rehabilitation efforts,” the report said.

It added that there had been numerous reports about sex trafficking victims being rescued by police-NGO teams and increased reports about inter-state coordination among anti-human trafficking units that resulted in the victims being rescued. “In one case, the Manipur, Rajasthan, and Kerala anti-human trafficking units collaborated in the rescue of 33 trafficked children,” the report said.

Welcoming the report, Rishi Kant of Shakti-Vahini, a Delhi-based NGO working against trafficking, told The Telegraph that a large number of girls, mainly minors, from the Northeast was being regularly trafficked and forced to marry in states like Haryana and Punjab.

“The registration of trafficking cases by the police in the Northeast has risen, but the government must ensure that guilty persons are convicted in court and for that the judiciary also needs to be sensitised,” he said.

The anti-human trafficking unit of Assam police has recovered many girls from Hissar district in Haryana with help from Shakti Vahini and has been rewarded recently by the Union home ministry for its efforts. The report also quoted a senior government official saying that while trafficking rescues and registration of cases have increased, convictions remain low in the country. It added that the government continued to make progress in its law enforcement efforts to combat human trafficking in 2011, but concerns remain over the uneven enforcement of trafficking laws and alleged official complicity.

PANKAJ SARMA IN THE TELEGRAPH

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

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