Presentation on

Fostering cooperation between NREMs and State and non-State actors in

destination, transit and source countries

Ministry of Home AffairsGovernment of India

India: An overview

•Seventh largest country in the world

•Second most populated country > 1.2 billion

•29 States and 7 Union Territories

•Shares borders with 6 countries in Asia

•Sex ratio- 933 females per 1000 males

•56.9% population is between 15-59 years old

•Largest parliamentary democracy

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Constitutional Provisions Against Human Trafficking

Trafficking in Human Beings or Persons is prohibited under the Constitution of India. The specific provisions are in Article 23 (1) of the Constitution of India which is as follows:-

'Traffic in human beings, beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law'.

Strategy to tackle Trafficking

PREVENTION PROTECTION PROSECUTION

• Deal with Root causes;

• Education, Unemployment, Poverty

• Awareness Raising;

• Sound Policies

• Enforcement

• Assistance;

• Empowering Victims;

• Human Rights Based Approach

• Criminalisation;

• Investigation;

• Sensitization of Stakeholders

• International Cooperation

Rescue, Rehabilitation & Reintegration in the society

Human Trafficking - Multiple dimensions, Many agencies

Ministry of Home Affairs deals with criminal laws connected with trafficking

• Ensuring the enforcement of the various criminal legislations and• International and Regional Conventions

Ministry of Women & Child Development ; Ministry of Labour & Employment; Min Rural Development, MHRDNGOs; Multi-lateral agencies deal with socio-economic dimensions

• Rehabilitation of victims • Empowerment of vulnerable sections of the society

State Governments and NGOs

• The punitive & ameliorative measures related to the criminal activity of THB is the primary responsibility of State Governments

• “Police” and “Public Order” are State subjects

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Indian National Legal Framework

Criminal Law (Amendment) Act, 2013.

Immoral Traffic (Prevention) Act, 1986 (being amended).

Indian Penal Code (select provisions).

Child Labour (Prohibition and Regulation) Act 1986.Juvenile Justice (Care & Protection of Children) Act, 2000.Prohibition of Child Marriage Act, 2006 and POCSO 2012.

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National Policies and Plans

National Child Labour Policy.

National Plan of Action to combat trafficking and commercial sexual exploitation of women and children.

National Policy for the Empowerment of Women.

National Plan of Action for Children.

Integrated National Plan of Action to Prevent & Combat Trafficking of Human Beings

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COMMISSIONS

National Commission for Human Rights.

National Commission for Women.

National Commission for Protection of Child Rights.

National Commission for SCs & STs.

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International Conventions and Legal Instruments

Convention on the Rights of the Child (CRC) and its Optional Protocols (Sale of Children, Child Prostitution & Child Pornography) [Ratified]

Convention on Elimination of all forms of Discrimination against Women (CEDAW) [Ratified]

UN Convention Against Transnational Organized Crime (UNTOC) and its protocol on trafficking [Ratified].

Protocol to Prevent, Suppress & Punish Trafficking in Persons, especially Women & Children supplementing above Convention [Ratified].

SAARC Conventions including Convention on Trafficking

Advisory to States regarding constitution of the State Advisory Committee/ Nodal Officers for preventing & combating trafficking of women and children for commercial sexual exploitation

Implementation of legislations prohibiting Trafficking in Human Beings such as:

• Immoral Traffic (Prevention) Act, 1956• Prohibition of Child Marriage Act (PCMA), 2006• Bonded Labour System (Abolition) Act, 1976• Transplantation of Human Organs Act 1994 ( Amendment under consideration) • Juvenile Justice (Care & Protection of Children) Act, 2000• Sections 372, 373, 370 & 370A of the IPC

Integrated National Plan of Action to Prevent & Combat Trafficking of Human Beings, with Special focus on Women and Children

Role of Central GovernmentPrevention

MHA has advised police and other law enforcement agencies to adopt a victim centred approach and leverage schemes such as Swadhar shelter homes, UJJAWALA etc. for

• prevention of trafficking, • rescue, • rehabilitation, reintegration and repatriation of the victims.

Vocational Training and Skill Up Gradation through Skill Development Mission and Sabla Scheme for Adolescent Girls

• Adolescent boys and girls of vulnerable groups• Women Self-Help group by Impulse and Gap. Inc

Ministry of Labour & Employment has developed a detailed protocol for prevention, rescue, repatriation, rehabilitation and reintegration of migrant and trafficked child labour which has been issued to all State Governments for implementation.

Role of Central GovernmentRescue and Rehabilitation

Institutional Mechanism in terms of Central and State Nodal Authorities. All States/UTs have established State/District levels structures for anti-trafficking

Central Nodal Authority in the Centre and State Nodal Authorities in the States for preventing and combating offence of trafficking.

Its Functions include :

• Coordination • Investigation • Rescue and rehabilitation • Judicial support • Cooperation and research training

Institutional Mechanisms to Tackle Trafficking

Establishment of the Anti-Human Trafficking cells in MHA and the states as nodal agencies for combating human trafficking in a holistic manner

CCTNS project to link all police stations and share data related to crimes and criminals nationally has been launched

Co-operation and coordination against Human Trafficking internationally

• Joint project with UNODC• Cooperation with SAARC

Regular Monitoring and co-ordination

• A comprehensive advisory has been issued to states regarding combating human trafficking

• NCRB is collecting data on crime of human trafficking and a new chapter has been added in its annual publication “Crime in India”

• MIS proforma for monitoring actions taken by State Governments against Human Trafficking has been provided to states for updation every quarter.

MHA plays a coordinating role

MHA- Comprehensive Anti-Trafficking Scheme for Strengthening Law Enforcement

A Comprehensive Scheme for Strengthening Law Enforcement Response to Trafficking in Persons in India

The scheme envisages Training of Trainers (TOT) Programme and Establishment of Anti Human Trafficking Units (AHTU)

Coordination meetings are held with all State Governments and UT Administrations for Effective Implementation. Very positive Outcome.

The Scheme is being re-formulated and re-cast.

Anti Human Trafficking Units Scheme

Take up the crusade against all aspect of the crime of human trafficking by creating an institutional mechanism and working across all the stakeholders i.e. police, prosecution, NGOs etc.

Capacity building and training of police & prosecution personnel, especially at the grass root level to improve the law enforcement response to the organized crime of human trafficking,

Sensitizing and making the stakeholders aware about all aspect of the crime of THB particularly in women and children, especially Information gathering, Prevention, protection & rescue of victims, Post rescue care and attention, to empower them and prevent re-trafficking

Functioning as the grass roots units for collection & development of an exhaustive database on all law enforcement aspects of the crime, to be shared with DCRB, SCRB and National Crime Records Bureau.

Facilitating linking of reports of Missing Persons with probable cases of trafficking and ensuring effective investigations.

Integrated Anti-Human Trafficking Units (AHTUs)

Under MHA scheme, 225 AHTUs established.68 AHTUs established with UNODC schemeAll AHTUs are functional.

Ministry of Home Affairs(Anti Trafficking Cell)- effective coordination

Role and FunctionsActs as focal point for communicating various decisions and follow up on action taken by the State Governments.To interface with other Ministries and NCRB in the collation and dissemination of information. ▫To monitor action taken by the State

Governments/UTs for combating the crime and organizing coordination meetings with the Nodal police officers of States/UTs.

▫New web portal launched in 2014 to enable better and swifter coordination between State & non State actors

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MHA web portal on Anti Human Trafficking

Criminal Law (Amendment)Act 2013

Criminal Law(Amendment) Act 2013 has come into force wherein Section 370 of the IPC has been substituted with Section 370 and 370A of IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs. Human Trafficking has specifically been defined in the Act.

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Crime and Criminal Tracking and Network System (CCTNS) – Key Features

Central Sector Scheme of Rs. 20,000 Million (US$ 500 Million) with 100% GOI funding

A Mission Mode Project (MMP) under National eGovernance Plan

Covers 14,000 Police Stations in 35 States/UTs

Covers 6000 higher Police Offices/ Police HQs/ GOI Offices

Networks State Crime Record Bureaus & National Crime Record Bureau (NCRB)

Critical interfaces with Citizens/Government/ other entities.20

Central Advisory Committee

High-level Committee to Combat Trafficking for Commercial Sexual Exploitation

Members include relevant Ministries/Departments, State Govts, Law Enforcement Agencies, International Organizations, reputed NGOs.

Meets regularly to deliberate on various aspects on trafficking and advises the Government.

Developed Blue Print for Action

• Inter-State Rescue• Prevention, • Rehabilitation, • Health, • Legislation• Management Information System.

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MHA Links with Non-State Actors

UN agencies to counter human trafficking through joint projects, for example UNODC

Explores with the Private Sector

Non Government Organizations

Projects undertaken:

• Vocational Training and Skill Up Gradation for Adolescent Boys and Girls • Vocational Training and Skill Up Gradation for Women Self-Help Group from

Vulnerable Communities in Mewat Region, Haryana by Impulse and Gap. Inc.

Coordination with other countries

Bilateral treaties and MoUs, like latest (May 2014) MoU between India and Myanmar on border cooperation

SAARC level initiatives- Training and capacity building incl. study tours

Standard Operating Procedures (SOPs) on better cooperation to address repatriation of victims with Bangladesh, Bhutan and Nepal

Task Force between India and Bangladesh to counter human trafficking

Cooperation with SAARC

Standard Operating Procedures for implementation of the provisions of the SAARC Convention prepared by the Government of India have been ratified by all member states in May 2009

A toll free number has been institutionalized by India & communicated to the SAARC Secretariat.

• Child Help Line: 1098• Women Help Line : 1091

Harmonization and strengthening of national legislations against Human Trafficking

Sharing of best practices in preventing and combating Human Trafficking

Data collection and data sharing mechanism amongst member states is being devised

The Law Enforcement Agencies in the Region cooperate for

Taking joint initiatives in preventing human trafficking across borders, especially from a human rights perspective.

Sharing of intelligence on offenders, their linkages/details and facilitate their transfer required by the law enforcement agencies,

Sharing of database among the corresponding agencies,

Sharing of good practices and developing the best tools and methods of addressing the issues and

Let us all join hands

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Thank You