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.

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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

 

 

 

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HC orders Bengal govt to compensate trafficking victim, says right to relief notwithstanding result of criminal proceedings

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The compensation, to be given by the State Legal Services Authority (SLSA), is to be handed over within ten days of the order.

In a landmark judgment, the Calcutta High Court Monday ordered the state to pay compensation to a trafficking victim even as investigation is ongoing and trial is yet to begin. Justice Rajshekhar Mantha observed that the victim of a crime has the right to receive compensation notwithstanding the result of criminal proceedings.

The compensation, to be given by the State Legal Services Authority (SLSA), is to be handed over within ten days of the order.

The order was passed on a writ petition filed by the victim’s lawyer after their application for compensation was turned down by both the District Legal Services Authority (DLSA) and SLSA. The victim was 14 years old when she was trafficked (see box).

Criminal lawyer Kaushik Gupta, who is representing the victim, said, “When the case was filed in West Bengal, it was not filed under the Immoral Traffic (Prevention) Act (ITPA), unlike in Pune…If it is a case of simple kidnapping, the case can be investigated by a sub-inspector. Under ITPA, the minimum rank required is that of inspector. Secondly, police stations and officers-in-charge don’t have the resources to investigate under ITPA, because for that you have to investigate the entire route — in this case from the district to Sealdah to Mumbai to Pune. The officer has to take a team with the victim’s family. Sometimes, it takes years for the cost of investigation to be reimbursed by the state. The probe is therefore limited to surrounding areas of the village from which the trafficking has taken place.

“Therefore, the investigation carried out is often inadequate, as is the chargesheet. For the lawyer to then prove the case becomes very difficult. More often than not, this results in acquittal of accused. This is a landmark order as it shifts the concept of justice from the sole purpose of convicting the criminal, to compensatory justice.’’

Justice Mantha’s order states: “The writ petitioner has been a victim of trafficking. She was identified, traced and brought back from Pune to West Bengal…The victim had filed an application under the West Bengal Victim Compensation Scheme of 2017. Such scheme came to be framed after the Criminal Procedure Code, 1973, was amended to bring in section 357A in 2009.’’

It further states: “According to this law, every state government in coordination with the central government shall prepare a scheme for providing funds for compensation to victim or dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. Article 38 of the Constitution obligates the State to render social justice to its citizens.

Right to receive just compensation as a victim of a crime, notwithstanding the result of criminal proceedings emanating out of the incident of crime can be read into Article 21 of the Constitution of India guaranteeing ‘Right to life’. ‘Right to life’ encompasses within its fold, the ‘Right to live with dignity’. A citizen cannot be asked to forfeit the right to live with dignity just because such citizen has become a victim of a crime. The state is obliged to protect the life and property of its citizens. The victim may or may not receive compensation in the criminal proceedings. The criminal proceedings may result in acquittal of the accused. Disposal of such criminal proceedings with a particular result does not mean that, the incident of crime did not happen or that the victim is not entitled to or requires compensation.”

The order also states: “Acquittal of the accused, ipso facto, does not mean that the incident of crime did not take place. The victim of the crime may require support, monetary and otherwise to mitigate the loss and injury suffered as a result of the crime. The victim may require rehabilitation.”

Justice Mantha observed that the victim must be compensated under section 357A as her fundamental rights under Article 21 (Right to life) have been violated. “Denial of compensation to such victim would continue such violation and perpetrate gross inhumanity on the victim…This cannot be the object of section 357A and the 2017 scheme…I therefore hold that both requirements the accused not being identified or traced as also that the trial should not have commenced, need not be satisfied for entitlement of compensation…,” stated the order.

The Calcutta High Court also directed that the CID take on the investigation.

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Efforts On to Revive Twin Rescue Centres

Social welfare department plans to rope in NGOs to run Ranchi, Delhi hubs

Ranchi: Two resource centres, one each in the state and national capitals, set up around four years back to help women and child trafficking victims and curb the influence of dubious placement agencies, are being revived after these had failed to take off due to bureaucratic lethargy and a lack of clarity on their functioning.

Director of integrated child protection scheme (ICPS) Rajesh Singh said they had begun work seriously on reviving the two centres.

“We plan to outsource the centres to a trusted agency with experience. We have uploaded a notice in this regard on our website asking interested parties to apply latest by the first week of July,” said the director of the scheme under the state social welfare department.

Rescue of abused children and battered women from Jharkhand, who have been working as domestic helps in places like Delhi and UP after being trafficked, is common. It indicates Jharkhand’s failure to have a proper mechanism in place to either keep a tab on those leaving the state in search of a livelihood or crack down on dubious placement agencies that exploit the scenario.

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The continued inactivity of the resource centres has, in fact, invited criticism from Jharkhand High Court. While hearing a PIL in connection with the welfare of victims of trafficking and policies related to child development, the court commented in February that the bureaucracy in Jharkhand was doing the work of the government only on paper.

The resource centre in Ranchi was set up at the CID office at Doranda in association with NGO Save the Children, police and the social welfare department. The Delhi centre was set up at Jharkhand Bhavan.

On issues plaguing the centres, a department official said that so far the partner NGO had been funding staff salaries, while the state government had provided the space.

“Now, this NGO does not want to continue and has withdrawn funding. In any case, we should fund it on our own and run it properly,” he said, adding that the annual cost of running each centre was around Rs 50 lakh.

But Singh claimed funds weren’t an issue. “Earlier, there was no clarity on the mandate of the resource centres. Now, that has been specified clearly,” he said.

The centre in Delhi, he explained, was to gather intelligence on the whereabouts and work places of trafficked women and children, rescue them in tandem with local police and repatriate them in coordination with the centre in Ranchi. The centre in the state capital would need to keep tabs on complaints received about missing children and women from each district, conduct research and ensure rescued individuals were rehabilitated.

Rishi Kant, among the founders of Delhi-headquartered NGO Shakti Vahini, welcomed the state social welfare department’s move to outsource the running of the centres.

“The government’s decision to outsource the centres is a good one. This means, a significant section of the civil society will get involved and this will make a difference. But the selected agency should be able to provide 24/7 service,” he cautioned, adding that the trafficking scenario in Jharkhand and Bihar was alarming.

“Roughly, our organisation has been rescuing 200 children of Jharkhand annually for the last few years. These children were forced to work in inhumane conditions in places like Delhi, UP and Haryana,” he said.

The Telegraph- 15.06.2018

Jharkhand Govt mulls ordinance route for stringent anti-trafficking law

PUBLISHED IN HINDUSTAN TIMES RANCHI

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Jharkhand government is mulling to bring an ordinance to promulgate Jharkhand Placement Agencies (Regulation) Act, which could not be placed in the budget session of the state assembly, as it was curtailed by eight days.

The Act is aimed at effectively countering the menace of human trafficking from Jharkhand, which as per NGOs working in the field see 10,000 girls—mostly minors—trafficked to Delhi and NCR region every year through placement agencies. They eventually end up as domestic servants—tortured and sexually abused in captivity in many cases.

“The draft bill for Jharkhand Placement Agencies (Regulation) Act was ready with all the modifications sought by the governor. But it could not be placed and passed as the assembly session ended before. I will meet chief minister (CM) Raghubar Das in a day or two and request him to bring an ordinance to promulgate the Act to effectively counter the menace of girl and child trafficking and child labour,” Raj Paliwar, state labour minister told the HT over phone.

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Governor Droupadi Murmu had returned the draft bill earlier seeking more stringent provisions. “The earlier draft had penal provision of two-year jail and the governor wanted it to be more stringent. Now, penal provisions have been modified making it seven-year jail term on conviction,” a source said.

Paliwar though refused to get into details of the bill, but said all the modifications sought and suggestion given by the governor have now been accommodated in the draft of the said Act.

“The Act is the need of the hour and our government wants it enacted at the earliest. We have made stringent provisions and hope this will give police and antitrafficking agencies an effective tool to rein in traffickers and illegal placement agencies. We will also launch mass awareness drive,” the minister added.

West Singhbhum superintendent of police (SP) Anish Gupta said a strong law was needed to deal with the fake and illegal placement agencies along with awareness drive so that parents don’t get trapped and send their girls on promise of lucrative jobs.

“Parents need to lodge complaint and a strong law will help in speedy prosecution, effective trial and stringent punishment as a deterrent. There’s also sexual exploitation angle involved and we are imposing POCSO in such cases. We have identified certain placement agencies and traffickers and would launch crackdown against them soon,” Gupta said.

Gupta was the Khunti SP when the massive crackdown against child and girl traffickers was launched in Khunti, with antitrafficking unit in-charge Aradhana Singh alone nabbing 85 traffickers and rescuing about 230 trafficked girls between 2015 and 2017.

However, half of those 85 traffickers are already out on bail even though they were booked under non-bailable sections. “In most cases, the parents of the victims turned hostile with the traffickers and their associates threatening them or paying them money to shut up mouth. There’s no effective law to tackle the placement agencies either,” Aradhana Singh said.

Rishi Kant, founder coordinator of NGO Shakti Vahini, said Jharkhand Placement Agencies (Regulation) Act would be a very effective tool to fight the menace run by about 25,000-30,000 placement agencies in Delhi and NCR, as Delhi government has no

placement agencies Act to regulate and monitor them.

“We alone have rescued over 200 trafficked girls from Jharkhand in Delhi and NCR. About 30-40 girls and underage boys are trafficked from Jharkhand every day. And Delhi police are invariably reluctant to act against these

agencies, traffickers or the families hiring the girls. CM Raghubar Das in 2014 had announced to bring back 50,000 trafficked Jharkhand girls back to the state and rehabilitate them. It’s now for bureaucrats and police to take the initiative,” said Rishi Kant.

HTI

‘Well-oiled network gets 50,000 Bangladeshi girls trafficked into India every year’-Border Security Force Study

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Published in The Times of India

NEW DELHI: Around 50,000 Bangladeshi girls are trafficked to or through India every year and around 5 lakh Bangladeshi women and children aged 12 to 30 years have been illegally sent to India in the last decade.

Citing data from various reports and estimation of NGOs, a BSF study reveals, human trafficking from Bangladesh to India has grown to such a magnitude that it now works directly on the principle of demand and supply with a well lubricated machinery of touts working on both sides of the border with the first link in the chain being Dhaka.

Farmers harvest paddy near Indo-Bangladesh border in Kamalpur area of Tripura's Dhalai district on May 15, 2014.  Tension prevails in the area after Indian farmers were allegedly prevented from entering their paddy fields by Bangladeshi nationals and Border Guard Bangladesh (BGB) on 14th May, 2014. (Photo: IANS)The human trafficking syndicate operating in various cities/states of India raise their demand to touts in Bangladesh directly or through agents in Kolkata, following which the syndicate based on the other side of border supply the victims. The Indian syndicate demands young girls and women mostly for brothels, low grade hotels for prostitution, dance bars, massage parlours, employment as domestic workers, and forced marriages besides feeding the market for unskilled or semi-skilled labour.

In order to meet targets, BSF says, there is a network of touts in whole of the Bangladesh starting from the capital city Dhaka and further linking to border districts till the last village. There are agents and sub-agents who have contacts with people in border villages. 84% of these touts are male while 16% are female.

Explaining the modus operandi in the study titled “Human Trafficking: Modus Operandi of touts on Indo-Bangladesh border”, BSF says the Bangladeshi syndicate lures people by promising them a better life in India with good jobs, household work, offering work in movies, false promises of marriage other than abducting young girls.

uwzpmoxkza-1491589544The Bangladeshi touts typically look for girls from poor and vulnerable families in Bangladesh. “…….there is so much of poverty in Bangladesh that the touts easily gets their target at bus stands and railway stations across the country,” says BSF. The victims, it says, are mostly Bangladeshi internal migrants.

According to the BSF study, most of the victims are trafficked from Jessore and Satkhira to Gojadanga and Hakimpur in Bangladesh. The border here is completely unfenced and population resides till zero line, making it easier for touts to bring people into India. The Benopole border crossing, known as the south-west transit point, is also most commonly used by the touts as it is the easiest land route to India.

Other districts of Bangladesh – Kurigram, Lalmonnirhat, Nilphamari, Panchagarh, Thakurgaon, Dinajppur, Naogaon, Chapai Nawabganj and Rajshahi are also used for human trafficking, says BSF. “Over a period of time, Bangladeshi touts have built up powerful bases in the border districts and these are now favourite transit points of human trafficking,” it says.

Post trafficking, the victims are kept inside border villages for some time before they are further sent to Indian cities. For this also, there is a well-oiled network of touts. In India, the most favoured destinations are Mumbai, Hyderabad and Bengaluru while other cities preferred by the traffickers include Raipur and Surat.

1200px-Indo_Bangladesh_Border_Gate,_Hilli,_Dakshin_DenajpurThe researchers have recommended focus on border patches which are vulnerable to trafficking, cooperation from Bangladeshi authorities and self-employment projects in India so that border population on India’s side does not indulge in trafficking.

Victims, arrested touts and locals interviewed by BSF for the study claimed that for every person to cross over to India, tout has to pay 200-400 takas (Bangladeshi currency) to the Border Guards Bangladesh (BGB) but BSF’s involvement was not found at organisation level. “Often there were instances of individual involvement (of BSF personnel),” says the study.

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3 Indian,7 Nepalese girls held captive in Kenya rescued: Sushma Swaraj

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NEW DELHI: The government has rescued from Kenya three Indian and seven Nepalese girls, who were victims of an organised crime syndicate that indulged in human trafficking, External Affairs Minister Sushma

Swaraj said on Thursday. The girls have been flown back, the minister said.

In a series of tweets, Swaraj said, “We have rescued three Indian girls from Kenya. The girls were victims

of an organised crime syndicate that indulged in trafficking of girls. Seven Nepalese girls were also rescued. Their Passports and phones were taken and they were held captive in Mombasa.”

Pimp who ran flesh trade through WhatsApp held

Published in the Asian Age

pexels-photo-568027.jpegMumbai: The anti-human trafficking wing of Thane (rural) police Tuesday evening busted a prostitution racket being operated from a posh housing society in Mira Road.
While the pimp, a 36-year-old woman, has been arrested and booked under relevant sections of the Prevention of Immoral Trafficking Act (PITA), three young women have been saved from the clutches of the flesh racketeers.

The pimp used to contact potential clients through WhatsApp, where it was convenient for her to send photographs of the girls she had ensnared. The police said that they received a tip-off about women being made available for prostitution from a posh apartment in Ramdev Park, Mira Road.

API Sanjay Bangar said, “Our team, under the instructions of SP Dr Mahesh Patil, established contact and successfully struck a deal with the pimp through a decoy customer.” Following confirmation, police officers led by deputy SP Atul Kulkarni raided the apartment.