WORKING GROUP 3

Law Enforcement Responses to Human Trafficking

BACKGROUND NOTE

Trafficking in human beings is one of the largest organized crimes across the world, along with trafficking in drugs and arms. This is irrefutable. And, undoubtedly, it is as much a commercial activity as it is an organized crime.

Human trafficking is a universal phenomenon, with several dimensions, types and varieties of exploitation which can broadly be classified into three:

  1. Trafficking for commercial sexual exploitation,
  2. Trafficking for exploitative/ forced labour and
  3. Trafficking for other types of exploitation (e.g., trafficking for organ transplant, for fraudulent marriage, adoption, etc.).

By the very nature of the issues involved in trafficking and the multiplicity of the abusers and exploiters involved in the process of trafficking, the trafficked victims are often emotionally demolished and traumatized. Therefore, the response systems have to be multi-dimensional taking into consideration a holistic and integrated approach to all issues involved. This calls for a multi-stakeholder approach, wherein, concerted action is required on the three Ps: Prevention, Protection and Prosecution.

The PPP model of responding to human trafficking requires many stakeholders. These include the police, prosecution, judiciary, departments of health, departments of welfare, NGOs, INGOs/ United Nations agencies, the media, corporate/business houses, academicians, political personalities, grassroots democratic institutions (in India, the panchayati raj institutions, etc.), and socially oriented and committed personalities. However, because of the very fact that human trafficking is an organized and a borderless crime, the primary responders who are called upon to address the issues of human trafficking are the law enforcement agencies.

It is a fact that rescued victims are highly vulnerable and are likely to be re-trafficked if proper care and attention is not extended to them. Therefore, prevention of re-trafficking demands that proper care and attention is extended to the victim. This means that the police has a large role to play in the rehabilitation of the rescued person. Rehabilitation is a package which includes restoration/repatriation, re-integration, providing sustainable livelihood options, etc. These processes require support from other stakeholders mentioned above, viz. the government agencies dealing with rehabilitation, corporates, media, NGO, etc.

In the given context, the response systems are not adequate for various reasons. The major gaps and challenges in the existing law enforcement scenario in South Asia are as follows:

  • Uneven level of knowledge and skills about the various dimensions of trafficking and the issues involved, especially for want of specialized and focused training.
  • Lack of coordination among police agencies of different places, especially across borders due to jurisdictional restrictions and protocols.
  • Lack of networking between police agencies and NGOs.
  • Lack of coordination between police agencies and other departments who are expected to look after the rehabilitation of the rescued persons.
  • Lack of coordination among the NGOs working in this field.
  • Low priority to the crimes of human trafficking.
  • Lack of database of crimes and criminals.
  • The culture of silence generally prevalent in society especially in the rural areas and consequent lack of support to the law enforcement agencies.

In the South Asian context, more or less every country has either substantive laws or special laws for addressing human trafficking. The special legislation in Bangladesh, Sri Lanka, Nepal and Pakistan, have stringent provisions in addressing human trafficking from a holistic perspective. As regards India, the Constitution vide Article 23, prohibits both trafficking in human beings and forced labour. Substantive laws like the Indian Penal Code 1860, special legislations like the Immoral Traffic (Prevention) Act 1956, the Bonded Labour (Abolition) Act 1976, the Juvenile Justice Act 2000, etc. and local laws like the Goa Children's Act 2003, provide the legal regime to combat and prevent human trafficking. In addition, judgments by the Supreme Court and various High Courts have provided further legal strength to the law enforcement agencies.

Considering the organized crime dimension of human trafficking, the law enforcement agencies will have to be empowered and strengthened to deal with the issues appropriately. They need to work simultaneously in combating and preventing human trafficking. In the given scenario, the primacy of law enforcement agencies in addressing human trafficking cannot be underestimated. Their synergy with other stakeholders has to be strengthened and institutionalized. This is the context in which, South Asia Conference of the Global Initiative to Fight Human Trafficking will focus on the issues of law enforcement.

This Working Group will deliberate on the 'Best Practices' on the three Ps (Prevention, Prosecution and Protection) in the region, discuss the challenges on anti human trafficking issues, and deliberate on the steps ahead.

Additional Activities by the Working Group

  1. Release of posters prepared by Project S16 on awareness generation - during inaugural session by the Hon'ble MOS Home
  2. Release of Protocol on Interstate Rescue and Post Rescue Activities - during inaugural by the Hon'ble Minister, MWCD
  3. Release of Compendium of Best Practices by Law Enforcement Agencies - during the valedictory session by the Hon'ble Home Minister of India

WORKING GROUP

Objectives

  1. Discuss the 'Best Practices' on Prevention, Prosecution and Protection in the region.
  2. Discuss the challenges (Prevention, Prosecution and Protection) on anti-human trafficking issues in the region
  3. Deliberate on the steps ahead
  4. Contribute to the Delhi Declaration

Methodology

  • Mock trial
  • Film screening
  • Presentations by Chair persons, Resource persons and Participants/speakers
  • Interactive discussions
  • Discussion on Case studies- Good and bad practices, challenges etc.
  • Total time: 5 ½ hours
  • Total participants: 45+

AGENDA

DAY 1

Session 1: 2.00 - 4.00pm (2 hrs)

Justice Delivery in Anti Human Trafficking: Investigation, Prosecution and Prevention

  • Chair: Hon'ble Justice (Ms) Roshan Dalvi, High Court, Mumbai
  • Co-Chair: Mr. K Skandan IAS, Joint Secretary, Ministry of Home Affairs, Government of India

Facilitators:

  • Prof. (Dr.) Yubaraj Sangroula, Executive Director, Kathmandu School of Law, Nepal
  • Mr. Saifil Alan - DIG, CID, Bangladesh
  • Representative from Sri Lanka

1. Introduction

  • By Dr. P.M. Nair, Coordinator, Project S16 (Strengthening the law enforcement response in India against Trafficking in persons through training and capacity building (5 min.)

2. Presentation of Best Practices on Investigation, Prosecution and Prevention

a) Integrated Anti Human Trafficking Film (short version for 15 minutes and then comments by the following. (total 20 minutes)

  • Dr. Sunitha Krishnan, Hyderabad (challenges observed in AHTU)
  • Mr. Bhupinder Singh, West Bengal (on interstate operations)
  • Mr. UV Borkar, Goa (on role of AHTU in prevention)

b) Convicting traffickers (total 10 min)

  • Case study 1 by STOP (Dr. Roma Debabrata) and Mr. Muktesh Chander, Delhi (5 min)
  • Case study 2 from AP police - Mr. Umapathi and Mr. T. Devdas, AP (5 min)

c) Good Examples of Rescue Operations (total 20 min)

  • Mr. Pankaj Shreshtha, Nepal police (5 min)
  • Triveni Acharya, Mumbai (5 min)
  • Ms. Archana Tyagi, Mumbai (5 min)
  • Mr. Mahesh Bhagwat, Andhra Pradesh (5 min)

d) Containing Demand (total 15 min)

  • Mr. N. Sreenivasa Rao, Andhra Pradesh (5 min)
  • Mr. Levinson Martins, Goa (5 min) (Closing down Places of Exploitation)
  • Ms. Ruchira Gupta (5 min)

e) Compendiums on Best Practice by Law Enforcement Agencies and NGOs and their relevance (total 10 min)

  • Mr Sankar Sen, ISS (5 min)
  • Ms Bharti Ali, HAQ (5 min)

f) Comments / Observations for the participants (total 30 minutes)

3. Comments and Observations of the Chair / Facilitator (10 min)

Tea/Networking Break: 4:00 - 4:30pm (30 min.)

DAY 1

Session 2: 4.30 - 6.30pm (2 hrs)

Justice Delivery in Anti Human Trafficking: Protection of Victim / Survivor and Witnesses

Chair: Ms. Anita Chaudhary, Addl. Secretary, MHA, GOI
Co-Chair: Prof. (Dr.) Nomita Aggarwal, Delhi University

Facilitators:

Ms. Nandita Mishra, MWCD
Mr. Mahendra Prasad Shrestha, Jt. Sec. Nepal

1. Introduction to the Topic by S 16, UNODC (total 5 minutes)

2. Mock trial (30 min)

By NGO STOP (Script by Ms. Aparna Bhat, Choreography by Dr. Roma and Concept by S 16 UNODC, Presentation by STOP)

3. Discussion on Best Practices in protecting victims/ survivors and witnesses (total 15 min)

Mr. Priti Patkar, Prerna (5 min)
Dr. Indrani Sinha, SANLAAP (5 min)
Mr. Arun Pandey, ARZ (5 min)

4. Empowerment and Achievements (Training and Impact) (total 10 min)

Dr. Gopi Natha Reddy, Director, APPA (5min)
Ms. Pooja Singh, DSP, Nepal (5 min)

5. Challenges in the 3 Ps - Prevention, Prosecution and Protection (total 60 min)

  • Discussion by the participants to be facilitated by the Chair on the following topics:
  • Developing partnership between LEA, NGOs and Corporates
  • Challenges in Cross-border trafficking
  • Challenges in Prevention and Prosecution
  • Networking with media
  • Other issues to be raised by the participants

DAY 2

Session 3: 10.30 am - 1.00 pm (2 hrs 30 min.)


What Next and Contribution to the Delhi Declaration

Chair: Mrs. Chaya Ratan, Secretary, Department of Women and Child Welfare, Govt. of AP
Co-Chairs: Ms. Manjula Krishnan, JS, MWCD
Ms. Sumita Mukherjee, Director, MHA

Facilitators:

  • Mr. Afsaruddin, SSP, Special Branch (Immigration Police), Bangladesh
  • Mr. Ratna Kaji Bajracharya, Director General, Dept. of Women Development, Nepal
  • S 16 Team UNODC
  1. Issues emerging from the previous 2 sessions of the Working Group 
  2.  Looking forward : Points for action and for the Delhi Declaration

Rapporteurs for the working group:

  • Ms. Joyatri Ray
  • Mr. Sebastian
  • Ms. Anuja Tiwari