Article 23 Dialogues-With Vinod Kumar Tikoo, Former Member – National Commission for Protection of Child Rights

As a part of our effort to combat Human Trafficking, we are trying to put a spotlight on individuals who contributed in identifying, supporting and counselling and seeking justice for victims of trafficking and continues to challenge the impunity of traffickers. There are several people across India who continue to contribute their time and energy to combat crime against humanity, which include public officers, law enforcement authority, civil society, child protection officials, journalists, lawyers, medical professionals, and mental health experts. The Article 23 dialogue, gives a platform to all the people working at the grassroot level to connect with the youth.

Today we have with us Mr. Vinod Kumar Tikoo, is a former Member of National Commission for Protection of Child Rights . During his tenure he prioritized and worked on child protection issues.

Sir, can you please share with us your experience on working in the field of Anti-Human Trafficking?

Vinod Kumar Tikoo: We started off with establishment of AHTU in all the police stations, unfortunately which has not been functioning in the way we have perceived or visualized. Unfortunately, the amount of money that we received from the Ministry of Home Affairs, could not be utilized for the reason for which it was taken on the first place. Unfortunately, human trafficking being one of the worst menaces for the society around the globe, is still not taken that seriously by the respected state governments or the national governments of various countries. Especially in our country, children continue to be used as a non-entity, because nobody bothers to believe them or even bothers to hear their voices. Sadly, the sale of a human being or a baby per se is a not a cognizable offence as per law. There have been so many efforts taken to make it a cognizable offence, however, it has still not been taken into consideration. There are still advertisements being put on newspapers that states “babies for sale” which in itself is an offence of abduction/ human trafficking, but is not taken seriously which is extremely unfortunate.

The situation is becoming more alarming right now in the prevailing circumstances. How do you see India’s response in combating human trafficking in term of being the source and destination areas for the victims of trafficking? What message do you want to give to government officials, on how to coordinate and connect to India’s response to Human Trafficking?

Vinod Kumar Tikoo: This is definitely perceived as a social menace, not to the extent that as the government of India lack that punch to crack this syndicate. There are many stakeholders involved in this, right from the ground level to the top most position, resulting in connection with a politician. It is unfortunate that some people working in the police are also connected to this syndicate. Not only the government of India but also the citizens need to keep a very agile eyes on this especially during the time of calamities like the floods in Assam, like tsunami. All these calamities give an opportunity to the traffickers to grab the displaced children and sell them off. This is how trafficking takes place initially and used for different purposes. The government has to take serious efforts in terms of the laws and implications to look into such matters immediately.

When you were the member of the National Commission for Protection of Child Rights, you created that branch. You tried your level best to bring a change. How did you connect the NGOs and the government officials at the ground level across the country?

Vinod Kumar Tikoo: I believed in asserting my position as a member of the commission. It has its powers. Also, one should have the compassion for the people and for the victims to get them rescued. There have been raids where I went with the police myself to catch the culprits. I tried doing it sincerely. There were many things that happened during that time in West Bengal, Karnataka and North East, in Tripura and Agartala, where we managed to help the 7000 children. In Kerala, where pedophiles used to take children away. I would like to point out that the religion has got nothing to do in these cases. 

You spoke about connecting each other and how the state has to collaborate and target those traffickers who are committing these crimes and ultimately fighting this organized crime. It is because of these front-line individuals, and unsung heroes, this is what the dialogue of Article 23 focuses on. We will be reaching across the country and across the world. We will be bringing the voices from the ground, we will be bringing the voices of the panchayat, of the lawyers who are fighting in the court. Also, police officers at the SHO level, the problems they face in filing the FIRs. Sir when you were there in the National Commission for Protection of Child Rights, as a member, you coordinated with the law enforcement agencies. How do think are the ways in which we can strengthen the law enforcement agencies and motivate them in terms of fighting organized crimes?

Vinod Kumar Tikoo: It is very strange but it is a fact that the network of these traffickers is stronger than of the government. There was a case where a large number of children were rescued in Delhi and were to be transported to Jharkhand. They were being sent by the passenger train. I had to stop the train for two nights in Delhi and put them up in Jharkhand Bhawan. I made sure that the children were provided proper food and every possible amenity. I then booked their tickets in a special train that would not stop in every station because we knew that the traffickers would be waiting at every station to traffic the girls again, which was a fact and will always continue. Their network will always be stronger. The government should sense this, see this and visualize this and feel it from the heart and the brain that this might happen. Since, this kind of incident already had happened, we could save all the children from getting trafficked once again. It is not only the government agency but the public at large has to look into the nooks and corners to be aware of such problem, that is affecting our society at large. That coordination has to be done by an apex level body, it cannot be done by a local level or district level persons. Of course, they are the most important connecting ingredients that will get into the connected points. The rule of CWC is also very important. Aanganwadi workers also play an important role in bringing the change.

 How can we strengthen the law enforcement agencies?

Vinod Kumar Tikoo: Law Enforcement Agencies have no option but to get involved since this racket is prevalent across the country. It is ultimately the law enforcement agencies who have to be active and then we have to train the AHTU to be strengthened further. We have to have people especially social workers who are interested in working in these issues. This is one area which is lacking, where we do not have proper recruitment of social workers in this industry which needs to be done. AHTU is one of the most responsible units that need to function. It is not actually functioning the way it should have been.

When you were in the National Commission for Protection of Child Rights, you have taken active steps in strengthening the child rights protection mechanism. How do you think we can strengthen child protection system? How can we coordinate the Child Protection Officers and strengthen them to prevent human trafficking?

Vinod Kumar Tikoo: As an example, I would like to mention that Jammu and Kashmir, was the one state which has not executed MOU under ICPS, the reason being that they have not enacted properly the JJ Act , so I took it upon as a challenge, since from the last 15 years they have been evading it. So I had gone and met the governor and met the minister and called the solicitor general and the advocate general. I also spoke to the chief justice of the J& K high court also. We had a consolidated meeting and I had to insist, the ministry to send the MOU. I asked them to sign it. Seeing that happen, we have to necessarily speak to them for one year to enact JJ Act and had to personally go and meet the governor three times and the minister also. That was the way in which it had to be done. The way in which trafficking was happening, the concern required that much of attention. It is important to involve all the important stakeholders, to take serious attention of the issues. So we have to ensure that we are a hard task master and we need to get the work done.

 Sir, your effort certainly created a lot of changes on the ground. It was because of the effort that you personally took as the member of the commission that brought a change in the system.

Vinod Kumar Tikoo: Unfortunately, through Supreme Court of India, we have issued an order to the states to have State Commission for Protection of Child Rights, which did get created because of the fear of the law but sadly, they were not serious regarding their functioning. Until and unless the commission is vested with important powers, it will not take its functions seriously.

It is indeed very important for the state commission to take their responsibility very seriously and to understand the issue of organized crime. Also, as we are going through the COVID-19 crisis, the role of first responders has become even more important now. As someone who has worked closely with the survivors and the victims, what is your suggestion to combat human trafficking during the COVID situation as well as post COVID, also with natural disasters taking place in West Bengal and Orissa, what we can feel is increasing vulnerability and rise in human trafficking cases and child marriage cases. How will you advise the state officials as an experience person who has already worked in these situations?

Vinod Kumar Tikoo:  The local leadership needs to look into the situations where the girls, when being put back are not allowed to go to schools or even leave the houses. Local leaders and the panchayat leaders need to make sure that the girls are not further subjected to any traumatic experience. They have to be provided some economic help. The COVID itself has a stigma attached to it. If a person is suffering from COVID is already treated differently and then when there is a person who is corona positive and being brought from different state, they suffer double trauma of stigmatization, which the government needs to regulate effectively. Especially the local leadership need to ensure that such situation does not take place. The local authorities and local social workers have to play very important role at the district and the state level.

 What is your message to the youth of this nation?

Vinod Kumar Tikoo: My hope for a prosperous India is the youth of today since they are more responsible, accountable and courageous. They are much more knowledgeable and exposed more than I was at the young age. I still have the trust on the youth and hope to see my vision of India to be fulfilled by the youth.

Team Article 23 is Supported by Surbhi Shivpuri -Law Officer Shakti Vahini (Editing) and Shubhashini Kant – Intern (Video Editing)

 

ARTICLE 23 dialogues with Prashant Chauhan of Amity University on Youth Involvement and AHTC Clubs

As a part of our effort to combat Human Trafficking, we are trying to put a spotlight on individuals who contribute in identifying, supporting and counselling and seeking justice for victims of trafficking and continues to challenge the impunity of traffickers. There are several people across India who continue to contribute their time and energy to combat crime against humanity, which include public officers, law enforcement authority, civil society, child protection officials, journalists, lawyers, medical professionals, and mental health experts. Today we have with us Mr. Prashant Chauhan, a social worker, educator, practitioner, researcher and a women and child rights advocate, currently associated with department of Social Sciences, Amity University, Uttar Pradesh. He is actively associated with various civil society organizations. He is elected member of National Association of Professional Social worker; he is also general secretary of Uttar Pradesh associations of professional social worker and member of international association of school of social work. He has completed as principal investigator in free service research project on bonded labour, child labour funded by the labour department, government of Uttar Pradesh. He is a convener of a chain maker club, a club of social science students at the Amity University, Uttar Pradesh, which works for Anti-Human Trafficking Issues at various level. He is an educationalist and is contributing by inspiring young people to fight against human trafficking. He has also been in debates at U.S Consulate, Kolkata programs in bringing youth from his college to come and understand and learn from various programs, on gender-based violence and on fighting human trafficking.

Thank you for being a part of our Article 23 dialogue series. Our first question from you would be regarding your experience in fighting human trafficking in the nooks of northern India?

Prashant Chauhan: Human Trafficking is one of the most serious problem in our country and definitely when we are talking on this issue, it is not like a one-time thing, that in an instance it will be solved because we have to understand the aspect of why this problem exist in our country? There are various reasons like poverty and other situations that promotes crimes like trafficking. There are various factors involved which is why all the stakeholders need to come together to fight the crime. As an educator and social workers, I feel like it is one of my responsibility to engage the youth and other people, to make them understand the issue of human trafficking. People are not aware of the crime, which includes many educated people.

How do you see India’s response in fighting human trafficking especially when we see the involvement of the youth? How can youth be brought into this fight against human trafficking?

Mr. Prashant Chauhan: With India’s response, there are many efforts taken on part of the government and different stakeholders like NGO’s, media persons and even university professors to fight the crime. Coming back to the way in which the youth can play an important role, I believe that the youth are the future of the country. If they understand the crux of the problem, then they can definitely put their energy in this regard. Indefinitely, sending students to different events and seminars are a way in which youth can be made aware of the issues pertaining to human trafficking. In order to eradicate the problem of trafficking, it is important to lay out on how to work towards achieving the goal and how can the youth participate in the same. When I realized the ways in which the participation can be sought, I introduced a changemakers Club, to fight on the human trafficking related issues. Time to time we need to have awareness sessions and outreach activities to make people aware. We organized meetings to engage the Panchayati raj society as well. We are constantly planning on how our students can be involved in such activities when it comes to making people aware about the same. We are making a short-film also on how the club has worked in spreading awareness regarding the crime of human trafficking.

You yourself are a change maker and leading the front in the fight against human trafficking and motivating young students in university. The objective of the Article 23 dialogues is to being forward such change makers who are fighting against the crime of human trafficking. Sir, can you elaborate if your students have engaged with the law enforcement agencies in fighting against the human trafficking.

Prashant Chauhan: We have a concurrent field work component in which the students, twice a week are attached, with NGO’s or child protection agencies, or other organizations. In that regard, definitely youth have the exposure of interacting with the stakeholders, since this is something which they cannot understand by reading books. In practicality and implication, things are very different. To understand those aspects, they should practice whatever they are learning. Our students are engaged in counselling, interviews and other jobs. This way they can learn a lot. They are also taking research projects, so that all the work can be comprehended and can be used in making other children learn about the problem.

Coming to the current situation of COVID Crisis, the essential role of the first responder has become even more important and also become very difficult. As a practitioner, social worker and educator as well, especially during the time where we are unable to reach out to the people at the grass root level, what is your advice with respect to the government’s response to fighting trafficking during his period of crisis. As how can the youth can play a part in the government’s response, not only in fighting COVID-19 but also in fighting the organized crime?

Prashant Chauhan: I feel not only during COVID-19, even post COVID-19, will be worse. Therefore, both the aspects should be monitored properly. Definitely there are certain factors that are increasingly developing vulnerable situations, that will increase the cases of human trafficking. Currently there is increasing rate of unemployment, livelihood opportunities have also become minimal, poverty is rising, there is disruption of education where schools are unable to operate including the health services, will increase the possibility of the problem of human trafficking cases. We have to put 200% of our energy so that such changing situation does not promote the human trafficking matters indefinitely. We all as stakeholders has to unite together with double energy. This is a very cautious time, otherwise all the efforts made in the past will be meaningless. Since the factors leading to human trafficking are indefinitely increasing in this current situation and the families may be compelled to fall under the trap because of such increasing problems. It is important to make people aware and sensitize them on the prevailing issues that efforts taken in the past should not go to waste for which we need to put double the energy.

What message do you want to give to our viewers across the world regarding the Article 23 dialogue?

Prashant Chauhan: Prime minister has rightly said that we should not look at this pandemic as a problem but as an opportunity. Every pandemic gives us new hopes and opportunities. In this way, when we are talking about the effects of pandemic especially in the vulnerable areas, it is important to understand the whole scenario. I would like to take this opportunity to appreciate the efforts of the government to introduce employment opportunities, so that people can sustain their livelihood. But for the success of all these efforts, whether it is health or welfare aspect or the social mechanism, this is a time when we should think of what I can do? Even webinar is an opportunity to sensitize people about the current scenario. So, the primary focus is to take all the efforts that we can do individually to help people and to bring a change in the system. In which youth has a major role to play especially with respect to innovation, telephonic counselling or any other way in which they can help. I believe that we can together control this situation if we work together as a team. I would also like to mention that we are opening this changemakers club in the social work department of all our universities with the hope of bringing a change.

How do you want to see the change makers club to function and join your club?

Mr. Prashant Chauhan: We have a big opportunity for students who has passed out of college and also for those who are currently studying. They all can participate. The club has a vision and a motive. They have taken a pledge to work on the heinous crimes in whatever ways they can contribute not only as a student but also in other ways as well.

Team Article 23 is Supported by Surbhi Shivpuri -Law Officer Shakti Vahini (Editing) and Shubhashini Kant – Intern (Video Editing)

Article 23- Dialogues – Interview with Shri Bal Krishna Goel – Former Member of the Haryana Commission for Protection of Child Rights.

Article 23- Dialogues

For our first, Article 23 Dialogues we are joined by Shri B.K Goel, Former Member of the Haryana Commission for Protection of Child Rights. During his tenure as a member of State Protection of Child Rights, Haryana he was always in the forefront on the issues related to child protection in Haryana and also across the country.

He was instrumental in breaking several organized crime rackets who were indulging in child trafficking . Due to his efforts, Haryana has witnessed a lot of changes in its child protection mechanism. Thank you for participating in our first session.

Rishi Kant – Can you please talk about your experience in working on Human Trafficking especially in Haryana and Northern India?

Bal Krishna Goel:  With respect to the ground realities of human trafficking, especially in Haryana, I would like to mention that in the period of 3 years that I was posted there, there have been a lot of changes in mindset concerning human trafficking especially among state agencies.. I used to think that there are not much cases of Human Trafficking in Haryana and thought there were other issues that required more attention. At that time, I thought Human Trafficking could take a backseat. However, what I experienced in my three years tenure, was completely different. To put it in simpler words, there is no district in Haryana that did not have a case of human trafficking. Mr. Rishi Kant would be able to connect with it better since, Shakti Vahini look into inter-state and inter-country trafficking cases and has also seen the root problems in Haryana at the deeper levels. It is even sad to state it since, Haryana is known as consumer state. The consumption of trafficking takes place in Haryana. In our state, most of the women, girls or children who are working as domestic maids brought from other states have been a victim of trafficking. I am not stating any data here because I believe that the data do not provide the real image of the situation. Because most of the time the data states that 4000 children have been trafficked, but then how come 40,000 children were rescued? This means that at some point, there is a lack in the reporting of law enforcement authorities. There are so many cases here in Haryana where children are being forced into domestic labour or bonded labour. Even we intervened in cases where girls with less than 18 years of age were forced into prostitution. There were also cases where people even tried killing these children and then we had to take support of organizations like Shakti Vahini to protect them.

Mr. Rishi Kant: It is really a big issue in Haryana especially for the children who are brought here for domestic help. In such situations the role of placement agencies come into picture. There is another major issue prevailing in Haryana at the moment, which is of Forced marriages, where girls are being sold in villages. What is your suggestion in such cases and how can Haryana look into such crimes?

Mr B.K Goel: It is a major problem in Haryana that the sex ratio in the state used to be very less. With the efforts of the state government, it is improving however, it will take its time. The factor that distinguishes Haryana from the other states is because of bride trafficking factor. It is a serious concern. In this state boys, does not get girls for marriage, because of which girls from other states are specifically sold here for forced marriages. The state government has tried stopping it. The state government in order to regulate the issue has taken stricter actions in the PNCDP Act because of which the sex ratio has been improving.

Mr. Rishi Kant: I would also like to ask your opinion on how should our country respond to fight crimes like human trafficking?

Mr. B.K Goel: Till the time Anti Human Trafficking Unit (AHTU) is not properly functioned, there can be no regulation of human trafficking crimes.  AHTU is just available on the papers. Most of the times, Superintendent of Police himself does not know who is the in-charge of the AHTU. The first suggestion would be to activate the AHTU’s properly in every state, the destination as well as the source state. Secondly, the fast track system in court should be followed properly. Till the time the traffickers are not afraid of the judicial system, they will not stop committing the crime. Thirdly, public awareness is very important. It should not be the responsibility of only the organization but also the general public to ensure that such activities do not take place. If a person sees a crime happening in front of him but does not report it, then he is equally liable for the crime.

Mr. Rishi Kant: You rightly said that the AHTU should be strengthened. You yourself in your tenure has taken steps to ensure that AHTU’s function properly and effectively. I would like to ask you one more question, regarding child protection system since you have worked in the area and has also worked with the state commission. What are the problems that the child protection system in Haryana is facing and how can we as social workers can solve these problems? And the ways in which the child protection system can work with the AHTU to strengthen the survivor? Since even after the rescue the survivors face a lot of problem. What all suggestions can you give in order to strengthen the entire process?

Mr. B.K Goel: I believe in the CAT tool and have always been asking people in the child protection system to follow the tool. C stands for coordination, A stands for answer ability and T for technology. Coordination, because it is important for all the stakeholders to work with each other and assist each other. It is important for them to have coordination among each other. Answerability can be used to improve the seriousness of the stakeholders towards the crime. Technology is the biggest tool. It can be used to track the victims easily and help in their rescue. Therefore, CAT is an important tool to strengthen the child protection system. In this corona period, people who used to run away from technology also had to openly accept it and follow it.

Mr. Rishi Kant: Article 23 Dialogues is the way in which the ground realities can be brought forward. Moving on, the current situation of the COVID crisis has brought the entire world to a standstill. People are losing their jobs, having troubles at home, vulnerability has increased. What do you think, in this situation, as responders and social workers can we strengthen the law enforcement system and address such vulnerabilities as an effect of COVID crisis?

Mr. B.K Goel: It is a very important question. Like the Honorable Prime Minister in his speech mentioned that we have to create opportunities in crisis like this, so I was wondering how can we approach this thought process in the child protection mechanism. Everyone is facing trouble in this period of crisis. People are losing their jobs, they have to leave their homes, we are having flood problems as well. We are facing a situation that is beyond the control of the human being. But we also have to look at the positive aspects as well. When I talk about positivity, during this time the strengthening of the child protection mechanism at the ground level can happen very easily. During the time the lockdown was announced, many people at who had children as domestic help, asked them to go back to their hometowns. We have also seen situation where people went back to their homes walking 1000s of km. Hopefully, they will now not be trafficked again. We have not gotten an opportunity to strengthen our AHTUs by alerting them towards the whole situation. We can also strengthen the RWAs by ensuring that they should prevent any child to be placed in any home as domestic help. We also have to ensure the registration of the placement agencies. Some few days back I was reading the interview of the home minister, where he mentioned that in order to strengthen the AHTUs, they have allocated 4 crores from the Nirbhaya Fund. It shows that even the government feels that there might be increase in the rate of human trafficking cases due to the corona crisis. The state governments especially of the consumer states should ensure that no child below the age of 18 years should be forced into labour. In this aspect, the sensitization should increase. The RWA, district administrators should be duly informed and be asked to take active steps. It is a good opportunity to ensure the strengthening of child protection mechanism.

Mr. Rishi Kant: All the points you mentioned are extremely important and there is a need to strengthen the child protection mechanism. Sir, what are your final comments on Article 23 Dialogues?

Mr. B.K Goel: It is in the hands of every person that they do natural justice with everyone. It is important to follow Article 23. In this situation where we are living, families who are not privileged have to fight for survival. When we see a situation where a child is selling balloons or pens at the traffic signal, we think that by buying those things, we are helping them, this mentality is wrong. If we really want to help then we have to make an attempt to get the child out of that condition by looking into who is making them do such things rather than giving them money. If each one of us, can take the responsibility of one kid, to ensure that he gets out of trafficking and to make him capable, with that effort only trafficking can be stopped.

Mr. Rishi Kant: Thank you so much for talking about the problems that exist at the grassroot level. It is important for all of us to take your suggestions to take into consideration.

In the red light areas where there is organized prostitution there is nothing called “consent” or “out of choice”-It is all about exploitation and organized crime which subjugates Women and Children

Ravi Kant President, Shakti Vahini –  Advocate Supreme Court of India

Prostitution in India is controlled by mafia, criminal elements & organized crime syndicates. A close scrutiny of various red light areas across the country prove that it is a crime syndicate which is completely focused on generating high profit for the operators of the sex trade. It uses various form of exploitation to prey upon the victims. The demand for young girls in this trade vigorously fuels the trafficking of minor victims from across the country and neighboring states. There are several cases of sex trafficking of minor girls as well as women which have ended in conviction and closure of brothels. These cases have revealed tales of extreme violence , lurement and entrapment.

The power dynamics in the red light area or in any place where sexual exploitation takes place is controlled by the organized crime syndicates, money lenders & criminal elements. This is because it is a high profit making business. The profit from exploitation fuels the sex trade. Operators need profit and in order to generate high profit it has to cater to the demand of the people who come and pay for these services. It is a well-established fact that the demand is of young minor girls. As the age of the victim increases the demand for the victim goes down. During the tender years the demand is high and also the revenue generated from the exploitation is also high.

Since the earning capacity of the victims who are controlled by the criminal and organized crime reduces by the age and no of years the victim has been exploited the traffickers loose interest on these women and after years of exploitation many of these women are set free by the brothel owners and are allowed to continue the work independently by paying commissions to the traffickers. In the initial five to ten years the minor victims are forced, exploited and violated by hundreds of men. Their films are made and widely circulated in the internet which generates huge profit for the traffickers.

After years of sexual exploitation, servitude and bondage which may continue for 10-15 years and when the revenue generated from their exploitation goes down they are set free and made partners in the illegal sex trade.

It is a well established fact that high profits and revenues come from the exploitation of minors and new entrants. The business interest of traffickers are more in exploitation of minor victims. In places like the red light areas where there is organized prostitution there is nothing called “consent” or “out of choice”- It is all about exploitation and subjugation of innocent women and children who are trafficked each year from far flung areas of the country.

This is the reason why this exploitation should end. the traffickers are aware on the loopholes of the law. They take the legal process easily and think they can get away with the crime.

It is because of this it is the need of the time that the new comprehensive legislation is passed as soon as possible. the Comprehensive legislation will bring the fear of the law among the traffickers. The law will mandate a national nodal agency to investigate cross border and inter state trafficking cases. It will strengthen investigation of human trafficking cases.The new law will usher in witness protection protocols which is the need of time. It is because of this the traffickers many a times threaten innocent victims and ensure that they testify falsely in the courts. The new legislation will bring in a proper budgeted rehabilitation programme which will help the victims of the organized crime to start life fresh and also end their vulnerability. The proposed legislation will also ensure that property generated out of the exploitation of trafficked victims are confiscated. The proposed legislation will bring in a institutional machinery from the remote districts of the country to the various state capitals and will lead to strengthening of victim response services.

The legalization brigade in India has been spreading misinformation that if the legislation is passed the life of women in prostitution will be made difficult and their livelihoods will be affected and they may be victimized by the police. The supreme court in Budhadev Karmaskar vs State of West Bengal has already clarified that women in prostitution who have been trapped in the trade should not be victimized and only the perpetrators need to be booked and prosecuted.

The women in fact are entitled to rehabilitation which has been missing since the last sixty years. the new legislation will bring in budgeted rehabilitation initiatives which will help lift thousands of trafficked victims live a life of  respect and self dignity.

It is because of this the new proposed legislation which the union cabinet has already approved should become a law as soon as possible . It is the step in Right direction.

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. Amost 100% 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 here 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 Supreme Court in its order dated 26 July 2012  has clarified that its endeavor to provide right to life and access to governmental schemes should not be construed as an encouragement to prostitution.

The clarification had come from a bench of Justices Altamas Kabir and Gyan Sudha Mishra after additional solicitor general P P Malhotra had drawn the court’s attention to its July 19 ,2011 order in which it had sought suggestions from the SC-constituted panel on creating “conditions conducive for sex workers who wish to continue working as sex workers with dignity”. Malhotra had said there was a danger of the order being construed as an incentive to indulge in an activity that had been termed as an offence under the Immoral Traffic Prevention Act, 1956.

The Judges on the bench passed had passed separate orders, but both meant to clarify that the panel would recommend steps to create “conditions conducive for sex workers to live with dignity as per provisions of the Constitution Article 21″. 

Justice Kabir added a precautionary clarification — “The above modification should not be construed to mean any attempt made to encourage prostitution.”

Hearing the Petition  Justice Mishra had clarified, “I prefer to add…sex workers have a right to live with dignity but the collective endeavour must be on part of the sex workers to give up the trade in case they are given alternate platform.”

The Detailed Order of the Bench  Dated 26 /07/2012 is as follows :

ORDER

1. 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.

2. 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.

3. 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.

J (GYAN SUDHA MISRA) New Delhi, July 26, 2012

 

 

 

1,100 friends for women and children appointed in Gujarat

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As many as 1,100 Friends For Women and Children (FFWC) have been appointed in the state for assisting in crimes related to women and children, finding missing children, human trafficking, and others, the state police said on Thursday.

The appointments have been made under the government’s Suraksha Setu scheme, the Additional Director General of Police (ADGP) of Women Cell, Gandhinagar, said. In a presentation at the recent National Conference on Child Protection Services and issues related to child offences under POCSO Act, ADGP Anil Pratham said that organizations, NGOs and individuals, who are working in areas related to safety and security of women and children, have been asked to associate as Friends for Women and Children.

“They are familiar with working in the field, and can get better results if they are assigned the same area of operations,” Pratham said in the presentation, explaining the rationale behind appointing the FFCWs. He said that the 1,100 FFWC members were appointed in 2017-18, and have been given different tasks for searching the missing children.

The official release said that the process for filling 182 posts in women police stations under the central government’s Investigative Unit for Crime Against Women Scheme is in progress.

‘Maneka seeks details of govt homes in state’

National Commission for Women (NCW) member Sushma Sahu on Wednesday requested Union minster for women and child development Maneka Gandhi to order a probe into the functioning of all government short stay and children homes being run by the NGOs and mentioned in the social audit report of Tata Institute of Social Sciences (TISS), Mumbai.

Sahu, who met Maneka in Delhi on Wednesday, told TOI over the phone that she also sought the minister’s intervention for justice to the minor girls, who had allegedly been raped and physically abused during their stay at Muzaffarpur children home and other government shelter homes in Bihar and mentioned in the TISS report.

The TISS report about alleged rape of minor girls at Muzaffarpur children home led to the arrest of nine accused, including seven women. The arrested persons also include Brajesh Thakur, the proprietor of NGO Seva Sankalp Ewam Vikas Samiti, which was running the children home.

Sahu said when she apprised Maneka of the pitiable conditions in government homes mentioned in the TISS report, the minister immediately called a top ministry official and asked him to provide her all the details and developments on the issue from Bihar.

Sahu said she also wrote a letter to the ministry to order the state level officers for fresh medical examinations of the minor victims. Sahu had visited the children home at Muzaffarpur on June 9. She said the girls were virtually kept in captivity inside crammed rooms. She had raised her suspicion over a door connecting the girls’ room with a printing press located just beside the children home. The press is also owned by Thakur.

 

Delhi businessman held for raping teenaged maid at home

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A 17-year-old girlwas raped by a businessman in his house in central Delhi’s Karol Bagh on Tuesday afternoon. The girl worked there as a maid and nobody was at home during the incident, said the police. The businessman, who had allegedly molested her earlier as well, has been arrested.

The police were informed about the incident by the girl’s father who got to know about it from his wife. They also informed an NGO, whose members came to the police station along with the survivor’s family. The girl was soon taken to a hospital for treatment, cops said. The accused, identified as Kapil Bhatia (40), owns a store in Kashmere Gate, cops said.

The girl told the police that she had been working at the house for over six months and there were people at the house every time she had gone for work. On Tuesday, however, there was nobody apart from Bhatia. When the girl was about to leave, Bhatia called her to his room and raped her. She said the man had molested her several times earlier but threatened her into silence.

Police said the girl was produced before the child welfare committee (CWC) following which a case under Sections 354 (assault or criminal force on woman with intent to outrage her modesty), 376 (punishment for rape) and 377 (unnatural offences) of IPC, and also under POCSO Act and Juvenile Justice Act was registered. The survivor has been sent to a children’s home on the order of CWC.

The police raided Bhatia’s house on Tuesday night itself and caught him while he was trying to flee. Cops are also trying to find out if he had sexually assaulted any other girl.

Disturbing trend: Criminal gangs now recruiting kids

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Children living on the streets are the most vulnerable group of the society, regularly exploited by criminals for committing crimes near railway platforms. The revelation was made during a recent investigation of a case, where a criminal was arrested for recruiting teenagers to commit petty crimes. According to a senior police official, on June, one Sunil Bihari from Pandav Nagar was arrested for running a gang comprising children for committing petty crimes, such as pick-pocketing, theft and snatching.

During investigation, the children were found to be living on the streets, picking rags from different railway stations. The accused used to lure them on the pretext of easy money. Police said that the arrest was made by team of Crime Branch, and the accused told investigators that the gang is operating across the Delhi-Mumbai railway network. Cops added that the gang members are also involved in drug trafficking.

“Usually, the accused would recruit teenagers in his gang to commit crimes in moving trains and in the area around platforms,” police said. Recently, Shahdara district police had busted another gang that trained kids for committing crime in the Capital. Police arrested six persons in the case. An investigator claimed that they found that seven members of this large gang were recruited by the kingpin when they were minors. “The gang used to target children from areas where parental supervision was far less. During further investigation, we came to know that the accused also hired street children, as we found that a 17-year-old member of the gang was a street child,” said the police official. The Standing Operating Procedure, formulated by National Commission for Protection of Child Rights, states that most of street connected children are vulnerable to emotional, physical and sexual abuse, due to lack of secure shelter and adult supervision. Children on the streets are often called ‘hidden children’, as they have no concrete identity. Being hidden, they are at a higher risk of being abused, exploited and neglected.

Child Labour: Capability and wellbeing

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“Well, if we don’t recruit children from Assam, they will get into more trouble, as who will then feed them? By working for us, at least they get to eat properly,” came a sympathetic response from a villager in Kimin block.
As part of a team studying human trafficking in our state, I visited Kimin block in Papum Pare district, due to its close proximity with Assam, in the winter of 2017. Another part of our team in Assam had informed us that almost 80 percent of the local children (from the tea tribes) are recruited in Arunachal Pradesh as domestic help, agricultural labourers, daily wage labourers, and as unskilled labour force. These children are spread across the districts of Arunachal Pradesh, with a major concentration in the capital complex.
In Kimin block, these children were present in hundreds. A few made the transit every day from work in the tea gardens while most others were employed in the capacity of domestic help in the houses of the towns. Ranging in the age group of 6 to 14 years, these children had come to be employed for meagre salaries between Rs 500 to 1500 per month, ie, Rs 16 to Rs 50 per day. While the salary rates differed in the capital complex, the statistics of prevalence remain the same.
According to the International Labour Organization (ILO), “child labour” is often defined as work that deprives children of their childhood, their potential, and their dignity, and that is harmful to physical and mental development. It refers to work that is mentally, physically, socially or morally dangerous and harmful to children and interferes with their schooling by (a) depriving them of the opportunity to attend school, (b) obliging them to leave school prematurely, or (c) or requiring them to attempt to combine school attendance with excessively long and heavy work.
In its most extreme forms, child labour involves children being enslaved, separated from their families, exposed to serious hazards and illnesses, and/or left to fend for themselves on the streets of large cities – often at a very early age.
Child labour is engaged in the agriculture, industries, and services sectors. The worst forms of child labour are sale or trafficking, pornography, debt-bonded labour, and child soldiers.
“It is not just the Assamese children; even local tribal children from the villages come to study in the towns and often stay with their relatives. However, they do not do much studying as they become cheap labour for their relatives in return for food and shelter,” said one a school teacher when I asked about the migrant children in their town.
“They wake up the earliest, finish all the work first, and then come to school. After school, they go back and do whatever their relative asks of them at that time. Thus, we have to take longer classes so that most of these children finish their homework in the school itself, as we know most of them won’t get to study at home,” added another teacher.
According to the ILO, globally 152 million children between the ages of 5-17 are child labourers, of whom 73 million are engaged in hazardous work. Based on the 2011 census, India has 5.6 million child labourers. Laws and legislation are in place to fight against these practices, but it requires collective and integrated efforts in ending child labour and promoting safe and healthy work for young people.
“It is quite difficult to find ‘bontis’ (domestic helpers) these days,” my uncle proclaimed the other day.
“Why?” I asked.
“Well, you have to pay the person who brings the bonti, the person who finds the bonti, the person who made the connection between the first two people, and the bonti’s family. Too many payments have to be made for just one bonti.”
The increasing numbers of child labourers (CL) in Arunachal Pradesh need an urgent introspection on the capability and wellbeing of the future pillars of the nation. Our dailies have reported a couple of cases of physical, emotional and sexual abuses of CL. Diverse perspective and assumptions float when we discuss child labour. Are we shaping CL or slashing their future? How can we stop this inhuman practice in our state? Can they have books instead of tools in their young hands? These are some of the questions that bother us.
On 12 June, 2018, the ILO celebrated the World Day Against Child Labour (WDACL), focusing on the need to end child labour and ensure safety and health of the young workers.
What is required in our state is a culture to stop engaging child labourers in our homes, hotels and other places as apprentices, janitors, babysitters, farm a hands, mining workers, and so on. Imagine the future and wellbeing of these young minds, denied education and childhood (freedom, pleasures, play, and socialization). We have failed to provide free education, childhood, and freedom in their impressionable ages.
We need to envision the future wellbeing of our children, where they grow up with capability and function as self-reliant persons. In order to achieve it, we have to give the best opportunities to our children. The laws have to be followed in their true spirit, and livelihoods of parents and family members should be secured, thereby helping prevent child labour. Not an easy task at all, but not an impossible task either with collective and integrated efforts of individuals, civil society, and the state.
These pillars are essential in upholding the spirit of the United Nations Convention on the Rights of the Child (UNCRC, 1992): Survival, development, protection and participation rights of the children. (John Gaingamlung Gangmei is Assistant Professor, Department of Social Work, RGU; Ronnie Nido is former research officer, National Research Study on Human Trafficking in India, TISS, Mumbai)

Girls remain most vulnerable targets

The bride-buying business that amounts to trafficking is burgeoning in the state where numerous girls from West Bengal were sold for sexual abuse. Even though an NCRB report claims that there is zero incident on trafficking in the Valley, the reality on the ground portrays a quite different picture, writes SAFINA NABI

Tamanna (17) and Hafiza (16) are residents of 24 South Parganas, Kolkata from the state of West Bengal. The girls were sold to two Kashmiri men, much older than them for an amount of 25,000 each. Both the men are from Tujan area of district Pulwama, around 40-km away from the main city of Srinagar, in the state of Jammu and Kashmir.

The girls’ parents are daily wage labourers who live in a slum under extremely poor condition. On top of that, supporting a family of seven members isn’t easy at all.

One day, the parents decided to marry off Tamanna and her sister in Kashmir after an agent Shubnam persuaded them that their daughters could lead a comfortable life and they too can earn some money in return.

Soon, these men from Kashmir got in touch with this family from Bengal through Shubnam, a native of Bengal. The sisters were informed by the family that their marriages have been fixed and both of them will be travelling to Kashmir with their husbands. The marriage happened in an informal set-up. The Nikhnama (marriage contract) was signed and both the sisters were given a small amount of money as ‘Mahr’ (alimony) for namesake.

The assurance of wealthy family, healthy lifestyle-two meals a day, and decent clothes to wear was more than everything for the girls and the family to fall into the trap. Soon, they arrived in Kashmir via Bengal-Delhi-Jammu route. Once they reached Tujan, Pulwama, their world turned upside down. The girls were kept in horrific conditions where husbands would rape them through the hours of darkness and family members would make them do all the household chores throughout the day. They were deprived of proper food and kept indoors to avoid contact with outside world. Nevertheless, the girls were in different families but experiencing a similar life of horror. The sisters were restrained to get in touch with each other.

The Escape

One day in early morning, the younger sister, Hafiza, escaped the house barefoot. Luckily, she saved the money that she received as ‘Mahr’ to use when the right time comes.

Hafiza narrated, “I was praying hard that my attempt to escape should not fail… Had I been caught, I would have been beaten to death.”

After escaping from Kashmir she managed to reach Bengal. There she met a journalist, who happened to work in Kashmir. Hafiza then narrated her ordeal and revealed the details about her sister too. The journalist contacted a Kashmir-based local NGO and informed them about the case. The NGO with the help of police started a robust investigation and finally, they were successful in tracing out Tamanna.

Today, Tamanna is living with a local family in Kashmir who came to support her. They wish to become her legal guardians now.

On May 22, 2018, Tamanna appeared before the Child Welfare Committee (CWC).

Explaining Tamanna’s situation, CWC Chairperson, Munazah said, “Tamanna wishes not to go back to her hometown neither she wants to stay in a child home. The report has been sent to the CWC, Pulwama for further investigation. Once the report comes, we will be able to decide how to take forward the case.

On the other hand, the man who bought Tamanna is now pressurising her parents to ask her to return. Her parents are now trying to persuade Tamanna to go back as she has been married to him. Although she has been rescued, no FIR has been registered against the husband’s family.

Deputy Superintendent of Police Farooq Ahmad said: “Although we are investigating the case and rescued her on the NGO’s request, but,we cannot register an FIR as she has signed the Nikahnama. Also, the trafficker has provided it as a proof of marriage.”

“During the course of the investigation, we came to a conclusion that Tamanna needs to be handed over to the NGO as the girl is a minor. She was not only married out of her wish but was also kept in an appalling circumstances,” Ahmad further explained.

Here, Hafiza is back to her home but torment has not increased. In a muffled voice, Hafiza shared, “My parents beat me continuously. They ask me, ‘why did you run away? Why did you come back? They have paid us money?’”

“What can a girl like me do apart from weeping in silence?” Hafiza added.

In the case of her agent Shubnam, she too has a similar past- trafficked to Kashmir where she was married-off to a Kashmiri family. However, she soon got separated from her husband, went back to her hometown in Bengal and married a local. Shubnam then stepped in to the business of human trade- buying and sending girls to Kashmir under the garb of employment-giver, match-maker. Being a local of Bengal, it was a cake-walk for Shubnam to target girls from poor and under-privileged families, luring them with a promise of good job, high-end lifestyle or by deceptively buying them from their families.

Bride-buying common in the Valley

The horrific brutality inflicted on these teenagers is not an isolated case. Going by some information, there are more 20 to 25 women from Bengal and other parts of mainland India who have been married-off to Kashmiri men. The kinds of grooms are those men who did not find any match in Kashmir, belong to below poverty line families or are disabled. In such situation, Kashmiri men buy brides from pimps who usually smuggle girls from West Bengal or other parts of India.

In a similar incident, twelve years ago, Naseema, 29, (now a mother of three) was forcefully married off to a Kashmiri truck driver by her parents for some amount. Today, she lives in a dilapidated house at Pampore, Pulwama, where, altogether, a total of eight members live in a tiny two-room house that serves as both kitchen and bedroom. Naseema, too, is a native of Bengal and was trafficked to Jammu and Kashmir as a bride. Her husband is a habitual drinker and largely spent all his earnings on liquor and drugs.

“I do not wish to see my parents or go back to them. They married me off to a person who was double the age of mine and sent me to a place about which I knew nothing, not even the language,” Naseema said.

Human trafficking is a $32 billion industry worldwide and agents like Shabnum are making a flourishing business by buying and selling girls to Kashmiri men who cannot find a match in the Valley.

India’s West Bengal state – which shares a porous border with Bangladesh and Nepal, is one of the hubs of human trafficking. There is a stout human trafficking connection between West Bengal and Kashmir, where families need brides for their sons who are either disabled or do not find local match to marry off their sons.

There is no check on the illegal buying and selling of young girls brought into the Valley as domestic workers and later sold as brides, neither there is any policy in place. Hence, this business is thriving with every passing day.

According to the latest (2016-2017) data by National Crime Record Bureau, there are zero cases of trafficking reported in the state of Jammu & Kashmir.

“We are not able to do anything until and unless a case will not be reported to us. There are agencies registered with us who supply domestic helpers to families in Srinagar and other parts of the state but, till now, no complaint of trafficking has been reported to us,” said Deputy Superintendent Farooq Ahmad.