Two BJP States contemplate death penalty for rape; face opposition

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The (BJP)-led government in has passed a Bill in its Assembly to award capital punishment to those found guilty of raping children below the age of 12. The Rajasthan government, too, was contemplating of bringing a similar Bill. Currently, the maximum punishment under the Indian Penal Code (IPC) for convicts is life imprisonment. The has also suggested that the minimum punishment for be kept 14 years, and 20 years in case of gang
The Bill — Dand Vidhi (Sanshodhan) Vidheyak, 2017 — is awaiting the President’s assent.
The said awarding death punishment would barely be a deterrent. “This is a knee-jerk reaction from the state government,” said Ravi Kant, a and child rights activist. “Rapists would now kill victims to hide their identities. The should instead invest in policing and scientific techniques of investigation. Most accused get away scot-free because of shoddy investigation and victims turning hostile because of threats.”
The government brought the Bill following the of a teenager in The girl was returning from her coaching class when four men allegedly abducted and raped her. The state reported the most number of rapes in 2016. According to the Crime Records Bureau, the state reported 4,882 rapes cases, followed by with 4,816 cases and with 4,189 cases. was also among the states that reported the maximum number of cases for crimes against children. topped this list with 15.3 per cent of cases, followed by at 13.6 per cent and at 13.1 per cent.
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The Justice J S Committee, which was set up to recommend amendments to the Criminal Law for speedy trial and enhanced punishment of criminals accused of committing sexual assault against women, had also suggested against imposing the The was set up following public demand for death punishment in the aftermath of the Nirbhaya case in in 2012.

“The rejected the proposal for as it fails to treat the social foundations of It opined that should not be awarded for the offence of as there was considerable evidence that was not a deterrence to serious crimes. It recommended life imprisonment for rape,” said the summary of the report available on the website of PRS Legislative Research, a not-for-profit organisation.


After the report, the government amended the IPC through the Criminal Law (Amendment) Act, 2013, popularly known as the anti-Bill. It introduced several provisions, including Section 376A, which allowed for to be imposed in cases where led to the death of the victim, or left the victim in a persistent vegetative state. The maximum punishment was raised to life imprisonment in case of a non-death. Two years later, the recommended abolition of for all crimes except cases related to terrorism.


Madhya Pradesh, which is not bound either by the report or the Justice report, has proposed that should be given to those found guilty of raping children below the age of 12 years. “The is finding it difficult to recommend the to accept the Bill because of the divergent views. The matter has been referred to the Union Law ministry for its opinion,” said an official.


Among the other changes, the government has also passed a provision for a three-year jail term for stalking.


told reporters that the was currently reviewing the Bill and intends to bring its own Bill in the budget session.

 

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Another big arrest in Tripura trafficking racket

PUBLISHED IN THE TIMES OF INDIA

Agartala: Police arrested a third accused in running a human trafficking racket in the border villages of Tripura based on information from two other accused who were arrested last week.

Delaware Hussein was arrested from Sobhapur village of Sonamura in West Tripura on Saturday.

The two other accused — Kurban Ali, a resident of Indiranagar area of Sonamura and Abdul Rashid Dar, a resident of Kashmir valley — were arrested last week along with 25 Myanmar nationals belong to the Rohingya community from Kurban’s house.

Sub-divisional magistrate of Sonamura Debolina Kilikdar has sent all three accused to five-days police remand.

Superintendent of police (Sepahijala) Pradip Pal said Delaware was arrested based on the information revealed by Ali and Dar while in police custody. They admitted that they had been running a trafficking racket along with a gang in West Bengal. According to police, the detained Myanmar nationals were trapped by the racket in Bangladesh. They were brought to India through the western border to be sold in northern India at a cost of Rs 1 lakh each.

“The women and girls were being sent to brothels while the men were made to join criminal gangs,” a police officer said quoting the confession of the accused persons. They have already sent many people to different parts of India.

The racket has administrative reach in Tripura by which they managed fake passports and sent people outside India. They also admitted that some more Myanmarese were sold through this racket in northern India and Kashmir, police said.

During investigation, police traced a joint account of Kurban Ali with Joel Shikdar, a resident of 24 Parganas of West Bengal in SBI. The account has a record of huge transactions in the past few months

Seven men, eight women and 10 children from Myanmar were sentenced three months jail for illegal entry into the Indian territory. Tripura police is also contacting the Myanmar embassy for their release.

Tripura has reported as many as 13 cases of fake passport rackets in the last one year. In all the cases, passports were processed from different district magistrate offices of Tripura with fake documents. But in none of the cases could police could identify the culprits in the administration.

Human trafficking victims in India need greater legal support

Brick workersPUBLISHED BY THOMSON REUTERS FOUNDATION

LONDON, Nov 19 (Thomson Reuters Foundation) – Trafficking victims in India need more legal support to pursue cases against their perpetrators, while the country’s police must understand that bonded and forced labour are also crimes, according to a report published on Wednesday.

The report by the Thomson Reuters Foundation and Freedom Fund said although illegal, trafficking is widespread across India while perpetrators go unpunished and many victims are unable to obtain justice and compensation.

India is home to more than 14 million victims of human trafficking, according to the 2014 Global Slavery Index, which found India had the greatest number of slaves of 167 countries.

Nick Grono, CEO of Freedom Fund, the world’s first private donor fund dedicated to ending modern slavery, said human trafficking was a massively profitable business that needed to be “dealt with as a criminal enterprise”.

Modern slavery is worth more than $150 billion a year in profits for human traffickers worldwide, according to the International Labour Organization.

“It means using the law effectively to challenge the economic model that supports slavery,” Grono told the Thomson Reuters Foundation at the TrustWomen conference.

“If you can find effective approaches which make a difference in India, then you can also make a huge impact on the overall scale of the problem globally.”

The report found that while hundreds of NGOs across India work on combating trafficking, only a few are able to pursue legal cases through to trial on behalf of victims.

This was due to funding restrictions, as money tends to be directed to non-legal victim assistance instead of legal work, longevity of cases, which can last for years, and the challenges of operating in an overstretched criminal justice system.

WHAT CONSTITUTES TRAFFICKING?

New anti-trafficking laws in India, ratified in May 2011, expanded the definition of trafficking and increased penalties, but confusion as to their interpretation and scope persists, the report said.

Several NGOs have said that while the new laws are being used for “traditional” trafficking offences, it is difficult to get police to register bonded labour cases or cases that do not involve movement of the victim.

“Historically, the Indian authorities have thought of trafficking only as sex trafficking, so it’s important to broaden the definition to include forced labour, bonded labour, and children being forced to work in mines,” Grono said.

The report also said that victims who press charges against perpetrators face harassment, violence and social stigma from their communities.

Citing the example of a 15-year-old Indian girl who was kidnapped, raped, and sold to a brothel, before escaping and filing a complaint with the help of an NGO, Grono said victims and officials “must realise the law is a powerful tool”.

“If you enforce and reinforce the law, and have cases that succeed and set precedents, then you can change the mindset across the country,” Grono said.

Among its recommendations, the report called for direct funding for NGOs to engage lawyers and pay for witness protection, expanded pro bono networks, and increased collaboration between anti-trafficking organisations.

(Reporting By Kieran Guilbert, editing by Alisa Tang.)

NCW set to propose legalisation of sex trade, Centre expresses displeasure

IBN LIVE

New Delhi: The National Commission for Women (NCW) is set to propose legalisation of sex trade to a committee appointed by the Supreme Court but according to sources the Women & Child Development ministry isn’t in favour the idea.

Ever since the news of the National Commission for Women’s deciding to propose legalizing sex trade before a Supreme Court constituted panel, a debate has been raging. In the dark dingy lanes of Delhi’s infamous red light area, GB road, it’s always been business as usual.

It’s unclear how many of these women opt into the flesh trade… and how many are forced into it by others – But an overwhelming majority seemed to back the idea of legalising prostitution.

“If it’s legalised then we won’t get harrased by police..we would have the rights to file a complaint against a customer ,” said a sex worker but there’s also a huge segment against this, “traffickers were get emboldened – rehabilitate us, don’t legalise it,” said another sex worker.

Some members of the SC appointed panel too have their reservations. Making brothels legal will make them vulnerable, we are against any move to legalise prostitution, said president of Shakti Vahini Ravi Kant. .

While the NCW chief who made headlines with her statements supporting legalisation, has suddently gone mum on the issue, “Won’t comment on sex workers issue,” said Laitha.

Women’s groups too are deeply divided, Shabnam Khan said, “It’s a good move provided they get all facilities like helath care etc.”

While women & child ministry hasn’t commented on the issue yet – A delegation of members of women’s groups in India met NCW chairperson and submitted a memorandum urging it to go in for a national-level consultation with all sections on the matter.

Consensus eludes panel on prostitution

PUBLISHED IN THE TIMES OF INDIA

NEW DELHI: Sharp differences on the issue of legalizing sex work continued to nettle experts in the Supreme Court appointed panel established to recommend changes in the Immoral Traffic Prevention Act (ITPA). The experts on Saturday held lengthy discussions on issues of rehabilitation of workers, loopholes in the act and its impact on the lives of sex workers. The panel is expected to put forward recommendations on the act soon.

09_11_2014_016_012However the war of words has already spilled out on the street after the National Commission for Women chairperson Lalitha Kumaramangalam advocated legalising sex work to regulate trade and ensure better living conditions for women engaged in commercial sex work. Legalizing the trade, she said, would bring down trafficking in women and lower the incidence of HIV and other sexually transmitted diseases. While sex workers’ unions have expressed their support for this view citing it as a way forward in decriminalizing the trade, women rights activists have opposed it vehemently. They contend that the move will only push up trade and encourage incidence of trafficking.

Sex workers unions—estimated to be 3 million strong—say that this is the only way forward for the community that has long been marginalized. This was also the only way to break the unholy nexus between police-trafficker-pimp in exploiting the poor.

Supreme Court lawyer and Shakti Vahini president Ravi Kant had opposed the move describing trafficking and sexual slavery as the worst form of human rights violation. “No women joins this inhuman trade out of choice. More then 95% of the women have been trafficked and forced into the sex trade,” he said.

Women’s rights organizations including All India Democratic Women’s Association (AIDWA) said there was need for more consultations. “Special steps must be taken to ensure that their basic human rights are safeguarded and better livelihood options for women should be provided as a means of preventing their entry into prostitution,” Sudha Sundararaman from AIDWA said.

 

Trafficked girl awaits aid after 3yrs

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Guwahati Telegraph By Pankaj Sarma

Sept. 9: Almost three years after she was rescued from Haryana, a 20-year-old victim of human trafficking from Assam is still awaiting assistance from the state government for her rehabilitation.
Rekha (name changed), who hails from Hajo in Kamrup district, is now struggling for a livelihood as she is yet to get any form of help from the government despite repeated pleas. “Without any source of income, I have become a burden on my family,” she told The Telegraph.

As a result, she is finding it difficult to arrange even two square meals a day for herself and her two-year-old son. Rekha, who was trafficked to Haryana and forced into marriage, was rescued by Shakti Vahini, a Delhi-based anti-trafficking NGO, with the help of Haryana police from Shahpur in Haryana’s Jind district on October 4, 2011.

Rishi Kant of Shakti Vahini told The Telegraph that she had written many times to the state government seeking help so that she can sustain herself and take care of her child but till date her efforts have yielded no result.

“After prolonged persuasion, joint secretary of the social welfare department M. Baruah wrote an official letter to the director of the department, Dilip Borthakur, on March 5 this year asking him to look into the matter and do the needful,” he said.

“Six months have passed since then, but unfortunately nothing came of it,” Kant rued. When contacted, Borthakur said one of his officers, who is looking into the matter, is currently on leave.
“I would be able to tell you about its present status only after he returns from leave,” he said.

Rishi Kant said Rekha was trafficked when she was 17 with the lure of a job since she was from a very poor family. “After that she was forced to marry a person named Rakesh, who not only sexually abused her but also forced her to do all the household chores,” he said. At the time of her rescue, Rekha was five months pregnant. According to Kant, they reunited Rekha with her family and sent her back home.

Human trafficking: A phone call to the heart of darkness

trafficking--621x414PUBLISHED IN THE MINT : By Ashwaq Masoodi

Siliguri: It usually starts with a missed call. When the call is returned, the person at the other end of the phone compliments the caller on, say, her voice. Unlike a normal relationship, these “phone relationships” in poor villages of North Bengal take quick leaps. Within a day or two, the person who had given the missed call proposes marriage to the teenager. He doesn’t want to wait. They must elope. There is a promise of love, faithfulness and always a better life in a big city. It’s a promise that is false. As many as 82,101 children went missing across India in 2013-14 (till February), of whom 48,688 were from West Bengal, according to government figures.

A 2004 report by the National Human Rights Commission on trafficking of women and children said that one-third of children reported missing every year in India remained untraced and that many of these were trafficked. Child labour, illegal adoption and prostitution are the main reasons why children go missing. According to National Crime Records Bureau data, 3,940 cases were registered in 2013 under different provisions of the law that come under the generic description of human trafficking. Many of those trafficked end up as domestic workers, working in slave-like conditions. Placement agencies illegally earn Rs.13,000-41,000 crore per year by exploiting an estimated 7-17 million domestic child labourers, according to a report, Economics Behind Forced Labour Trafficking, by Global March Against Child Labour, a non-governmental organization (NGO). “In the National Capital Region, the estimated number of registered and unregistered placement agencies is around 3,000. At least 30% of these engage child labour. Each agency is able to place 60-100 children as domestic workers every year. The agencies receive commissions of Rs.20,000-50,000 per child. They pay the child anywhere between Rs.1,500 and Rs.4,500 per month. This money, too, is often kept by the agency and does not reach the child,” the report states.

On 27 May, a 16-year-old and her family went to attend a wedding, just a few miles from her house in Buraganj village, 32km from Siliguri. Among the guests was Rani, a woman in her 30s, dressed in a gaudy sari encrusted with sparkling crystals, and in distinctive, bright make-up. All eyes were on her and everyone speculated on what she did for a living. Over the wedding meal, Rani started a conversation with the teenager. She asked for her phone number and a photograph. The teenager handed over her details along with a crumpled passport-size photograph she had somewhere in her bag. Two days later, the teenager received a missed call, and called back. The man at the other end introduced himself as Mahesh Mardi. He said a mutual friend had given him her number and photograph. He was already in love with her, he said. Never having received such compliments and flattery before, the teenager believed every word. The youngest of eight siblings, the teenager grew up pampered with hardly any housework to do. The family is not poor by the standards of their village. All the brothers work, some in their own fields, others in the tea gardens close by. The family has cattle, lives in houses built of mud, bamboo and tin, the children have bicycles and the women wear gold. Three days after their first conversation, Mahesh asked the teenager to come to Naxalbari, which is located towards the north of her village. She happily said yes. When she reached, four people including Mahesh and Rani were waiting. Alarmed at seeing so many people, the teenager faltered; she said she wanted to go back home. But Mahesh swore undying love; he would consume poison if she didn’t come with him, he swore. Even more panic-stricken, the teenager tried to run, but Rani held her hand and pulled her into a bus headed to New Jalpaiguri railway station, 32km from her village. At the station, they gave her some food to eat while they waited for a train to New Delhi. Since everyone else was eating, she didn’t suspect anything. The next thing she remembers is waking up at 3am the following day. They were in Delhi. From there it was a short auto ride to a placement agency. Placement agencies rely on sub-agents such as Rani who provide them with information and “recruits”. How much the sub-agent earns depends on the “quality” of the recruit, in terms of how good looking they are. Along with local muscle like Mahesh, the sub-agents take new recruits like the teenager to the nearest bus or railway station to take them to their destination or else hand them over to either a new sub-agent who completes the journey. Moving through several hands, the recruits then land up at the so-called placement agencies for “employment”, a euphemism for slave wages and working conditions, as domestic workers. In Delhi, the teenager was kept in the placement office for a day before she was assigned to an employer. “I said I wouldn’t work. But they didn’t listen to me,” she says. Boys and girls are taken from tea gardens or poor villages to places such as Delhi, Haryana, Punjab, Bangalore, Kerala, Kashmir, Bhutan and Sikkim with a promise of jobs or a better life. Nearly 3,600 children from poor families in the shut-down tea gardens of West Bengal migrated to Indian cities and West Asia, to work mostly as child labourers in 2010-11.

Of the total, 317 have gone missing, according to a study carried out jointly by the Unicef, Save the Children (an NGO) and Burdwan University, across 12 tea gardens in the state. The study was carried out between May and July 2011. When no one came to take her back, the 16-year-old told her employer that she had been forced by Rani to take up the job. Infuriated on hearing this, the owner called the placement agency, which decided to send Rani to work on the teenager’s behalf. But within a couple of days, Rani tricked the teenager into believing that she wouldn’t have to work for more than a week, and fled after the 16-year-old resumed her work. Left with no option, the teenager called her brother saying: “I have been sold.” According to the US department of state’s Trafficking in Persons Report 2013, in India, an increasing number of job placement agencies lure adults and children for sex trafficking or forced labour, including domestic servitude, under false promises of employment. “Activists estimate 20% of domestic workers who are rescued from Delhi homes complain of sexual abuse, either by the employer or those in job placement agencies,” the report said. Following the name of the placement agency that the teenager had given on the phone, her maternal uncle and brother filed a first information report (FIR) and headed to Delhi. “We kept calling. It was frustrating because we didn’t even know where to start from,” her maternal uncle, who is a tea garden manager, says. The girl was eventually rescued in a joint operation by NGO Shakti Vahini and West Bengal Police. Nearly a month after her rescue, Rani was arrested as well.

What happens in such cases, NGOs claim, is that only the destination trafficker is arrested and the entire chain of people involved or the racket isn’t busted—which means the investigating officers stop after arrests in the destination states. And because of gaps in investigation, acquittals take place. Furthermore, poor victim-witness protection generally discourages victims from testifying against their alleged trafficking offenders. “For every case of human trafficking, we should involve all the law enforcement agencies across the country and network with them so that all the traffickers from the source area till the destination area are booked,” says Shakti Vahini’s Ravi Kant, a Supreme Court lawyer. Even though a few states have victim compensation schemes, due to inadequate implementation, victims have to wait for several years to receive funds. “The criminal justice system in India is more focused on punishment for the perpetrator. Police efforts are towards punishing. There is no care and protection for the victim. The victim is left on her own to fight her battle. Even if a case reaches the trial level, summons from the place where she was arrested reach her, but not the money. She has to come on her own. In most cases, the state is not a facilitator in getting justice… All this discourages the victims. And if the victim doesn’t take interest, in several cases, it leads to acquittals,” says Kant.

The government has set up the Anti Trafficking Cell under the ministry of home affairs (MHA), launched a certificate course on anti-human trafficking under Indira Gandhi National Open University in partnership with the MHA, and implemented a comprehensive scheme for strengthening law enforcement response by establishing integrated anti-human trafficking units (AHTUs). The ministry released funds—Rs.8.72 crore and Rs.8.33 crore in 2010-11 and 2011-12, respectively, for the establishment of 225 AHTUs. The ministry of women and child development also runs shelter-based homes, such as short-stay homes, and Swadhar homes for women in difficult circumstances, including trafficked victims. The teenager has started going to school again. She says something happens in her spine whenever she tries to dredge up the memory of those 15 days. “I wouldn’t listen to anyone now. I will not let anyone befool me again,” she stammers. Her maternal uncle says that after this incident, even though she is safe and with her family now, she is traumatized. “She cannot complete even one sentence without stopping more than once or without forgetting while speaking,” he says. Over the last few years, many cases of exploitation of domestic help have been reported—almost all of them females—many of whom were abused, some brutally. Early this year, an 11-year-old domestic help from Uttar Pradesh was allegedly starved for days and tortured by her employers (in Thane), who inserted green chillies into her genitals to make her obey their orders. A civil engineer in Bangalore was booked in August for physically and mentally harassing an 18-year-old domestic help in his house. Even though the teenager is still traumatized, she was at least lucky to have escaped; not every story has a happy ending in such cases.