INTEGRATED PLAN OF ACTION

TO PREVENT AND COMBAT

HUMAN TRAFFICKING

WITH

SPECIAL FOCUS ON

CHILDREN AND WOMEN

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 CONTENTS
I. INTRODUCTION

1. Defining Trafficking

2. Existent Framework

3. Role of Ministry of Women and Child Development

4. Role of National Human Rights Commission

5. Role of Ministry of Home Affairs

6. Role of National Commission for Women

II. INTEGRATED PLAN OF ACTION TO PREVENT AND COMBAT

HUMAN TRAFFICKING WITH SPECIAL FOCUS ON CHILDREN AND
WOMEN

1. Ensuring Human Rights Perspective for the Victims of Trafficking

2. Preventing Trafficking

3. Emerging Areas of Concern in Trafficking – Their Patterns and

Trends

4. Identification of Traffickers and Trafficked Victims

5. Special Measures for Identification and Protection of Trafficked

Child Victims.

6. Rescue of Trafficked Victims Especially in Brothel-Based and

Street-Based Prostitution with Special Focus on Child Victims

7. Rehabilitation, Reintegration and Repatriation of Trafficked

Victims with Special Focus on Child Victims

8. Cross-Border Trafficking: National and Regional Cooperation and

Coordination

9. Legal Framework and Law Enforcement

10. Witness Protection and Support to Victims

11. Training, Sensitization, Education and Awareness

12. Methodology for Translating the Action Points into Action

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I. Introduction

Trafficking in human beings, more so in women and children, is one of

the fastest growing forms of criminal activity, next only to drugs and weapons
trade, generating unaccountable profits annually. The reasons for the increase
in this global phenomenon are multiple and complex, affecting rich and poor
countries alike. India is no exception to this. The source areas or points of
origin are often the more deprived places, regions or countries, and the points
of destination are often — although not always — urban conglomerates within
or across borders. For all those who view trafficking in economic terms, it is the
real or perceived differential between the economic status of source and
destination area that is important. In practice, however, human beings may be
and are trafficked from one poor area to another poor area as well for reasons
best known to the traffickers, a fact that has been corroborated by research
studies and documentation across the world. The fact that the process of
trafficking is designed and manipulated by traffickers for their own ends for
which they employ all kinds of means, it would, therefore, be wrong to assume
that human beings are always trafficked from undeveloped to more developed
places, as this is not always so. This, to a large extent, also signifies that
trafficking primarily is a human rights issue for it violates the fundamental
human rights of all those who are trafficked. (and analysing it solely from an
economic lens inevitably masks its human rights dimensions. Moreover, since
tools of economic analysis are designed to explain and evaluate issues in
terms of their overall efficacy, these tools, by and large, are not that well
designed to protect and promote the goals of human rights– to delete).

1. Defining Trafficking

The Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children, supplementing the United Nations Convention
against Transnational Organised Crime (Trafficking Protocol) that was adopted
in the year 2000 and came into force in December 2003, has perhaps brought
the much-needed and widespread consensus on a working definition of
trafficking at the global level. Article 3 of the Protocol defines trafficking as:

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 (a) “Trafficking in persons” shall mean the recruitment,
transportation, transfer, harbouring or receipt of persons, by
means of the threat or use of force or other forms of coercion,
of abduction, of fraud, of deception, of the abuse of power or
of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person, for the purpose of
exploitation. Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or
practices similar to slavery, servitude or the removal of
organs;

(b) The consent of a victim of trafficking in persons to the

intended exploitation set forth in subparagraph (a) of this
article shall be irrelevant where any of the means set forth in
subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt

of a child for the purpose of exploitation shall be considered
“trafficking in persons” even if this does not involve any of the
means set forth in subparagraph (a) of this article;

(d) “Child” shall mean any person under eighteen years of age.

The above definition clearly spells out that trafficking covers not only the
transportation of a person from one place to another, but also their recruitment
and receipt so that anyone involved in the movement of another person for their
exploitation is part of the trafficking process. It further articulates that trafficking
is not limited to sexual exploitation only for it could occur also for forced labour
and other slavery like practices. This means that people who migrate for work
in agriculture, construction or domestic work, but are deceived or coerced into
working in conditions they do not agree to, be also defined as trafficked people.
The Government of India signed the Trafficking Protocol on 12 December 2002.
This is a huge step forward in advancing the human rights of trafficked people

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as it not only prevents and protects the victims of trafficking but also punishes
the traffickers. It encompasses the 1949 Convention for the Suppression of the
Traffic of Persons and of the Exploitation of the Prostitution of Others, the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and the Convention on the Rights of the Child (CRC), all of which
have been ratified by the Government of India. It would be pertinent to mention
here that the Government of India has also ratified the two Optional Protocols
to the Convention on the Rights of the Child – (i) on the Involvement of Children
in Armed Conflicts and (ii) on the Sale of Children, Child Prostitution and Child
Pornography. The Convention on Preventing and Combating Trafficking in
Women and Children for Prostitution devised by the South Asian Association
for Regional Cooperation (SAARC) in 2002, has also defined the term
‘trafficking’ as ‘the moving, selling or buying of women and children for
prostitution within and outside a country for monetary or other considerations
with or without the consent of the person subjected to trafficking’. The
Government of India has also ratified this Convention.

2. Existent Framework

The Constitution of India, the fundamental law of the land, forbids

trafficking in persons. Article 23 of the Constitution specifically prohibits “traffic
in human beings and begar and other similar forms of forced labour”. Article
24 further prohibits employment of children below 14 years of age in factories,
mines or other hazardous employment. Other fundamental rights enshrined in
the Constitution relevant to trafficking are Article 14 relating to equality before
law, Article 15 that deals with prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth, Article 21 pertaining to protection of
life and personal liberty and Article 22 concerning protection from arrest and
detention except under certain conditions.

The Directive Principles of State Policy articulated in the Constitution are

also significant, particularly Article 39 which categorically states that men and
women should have the right to an adequate means of livelihood and equal pay
for equal work; that men, women and children should not be forced by
economic necessity to enter unsuitable avocations; and that children and youth

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should be protected against exploitation. Further, Article 39A directs that the
legal system should ensure that opportunities for securing justice are not
denied to any citizen because of economic or other disabilities. In addition to
this, Article 43 states that all workers should have a living wage and there
should be appropriate conditions of work so as to ensure a decent standard of
life.

The commitment to address the problem of trafficking in human beings

is also reflected in various laws/legislations and policy documents of the
Government of India. The Indian Penal Code, 1860 contains more than 20
provisions that are relevant to trafficking and impose criminal penalties for
offences like kidnapping, abduction, buying or selling a person for
slavery/labour, buying or selling a minor for prostitution, importing/procuring a
minor girl, rape, etc.

The Immoral Traffic (Prevention) Act, 1956 (ITPA), initially enacted as

the ‘Suppression of Immoral Traffic in Women and Girls Act, 1956, is the main
legislative tool for preventing and combating trafficking in human beings in
India. However, till date, its prime objective has been to inhibit/abolish traffic in
women and girls for the purpose of prostitution as an organized means of living.
The Act criminalizes the procurers, traffickers and profiteers of the trade but in
no way does it define ‘trafficking’ per se in human beings. The other relevant
Acts which address the issue of trafficking in India are the Karnataka Devdasi
(Prohibition of Dedication) Act, 1982; Child Labour (Prohibition and Regulation)
Act, 1986; Andhra Pradesh Devdasi (Prohibiting Dedication) Act, 1989;
Information Technology Act, 2000; the Goa Children’s Act, 2003; and the
Juvenile Justice (Care and Protection of Children) Amendment Act, 2006.
Beside these, there are also certain other collateral laws having relevance to
trafficking. These are the Indian Evidence Act, 1872; Child Marriage Restraint
Act, 1929; Young Persons (Harmful Publications) Act, 1956; Probation of
Offenders Act, 1958; Criminal Procedure Code, 1973; Bonded Labour System
(Abolition) Act, 1976; Indecent Representation of Women (Prohibition) Act,
1986; and the Transplantation of Human Organs Act, 1994.

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 The judiciary too has played an active role in preventing and combating
trafficking by pronouncing some landmark judgments in “Public Interest
Litigations”. Prominent among them are the 1990 case of Vishal Jeet v. Union
of India and the 1997 case of Gaurav Jain v. Union of India. In the former case,
on the directions given by the Supreme Court, the Government constituted a
Central Advisory Committee on Child Prostitution in 1994. Subsequently, State
Advisory Committees were also setup by State Governments. The outcome of
the latter case was constitution of a Committee on Prostitution, Child
Prostitutes and Children of Prostitutes to look into the problems of commercial
sexual exploitation and trafficking of women and children and of children of
trafficked victims so as to evolve suitable schemes in consonance with the
directions given by the Apex Court. These and subsequent case laws
thereafter have influenced Government policies, programmes and schemes, as
well as law enforcement. The detailed report of the Committee on Prostitution,
Child Prostitutes and Children of Prostitutes is at ‘Annexure I’.

3. Role of Ministry of Women and Child Development

Based on the Report of the Central Advisory Committee on Child

Prostitution, the recommendations of the National Commission for Women and
the directions of the Supreme Court of India as well as the experiences of
various non-governmental organizations working in this area, the Ministry of
Women and Child Development, the Nodal Ministry in the Government of India
dealing with issues concerning women and children drew up a National Plan of
Action to Combat Trafficking and Commercial Sexual Exploitation of Women
and Children in the year 1998. A Central Advisory Committee under the
chairpersonship of Secretary, Ministry of Women and Child Development has
also been constituted with members from Central Ministries like the Ministry of
Home Affairs, Ministry of External Affairs, Ministry of Tourism, Ministry of
Health, Ministry of Social Justice and Empowerment, Ministry of Information
Technology and Ministry of Law and Justice to combat trafficking in women and
children and commercial sexual exploitation as well as rehabilitate victims of
trafficking and Commercial Sexual Exploitation and improve legal and law
enforcement systems. This Committee meets once in every three months
wherein senior representatives of State Governments where the problem of

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trafficking is found to be rampant are also invited. Other invitees to the
meetings of the Central Advisory Committee are representatives of prominent
NGOs and international organizations working in the area of trafficking,
National Commission for Women, National Human Rights Commission, Central
Social Welfare Board, National Crime Records Bureau, Border Security Force,
Intelligence Bureau, Central Bureau of Investigation, Sashastra Suraksha Bal,
etc. The Ministry of Women and Child Development has requested all
Secretaries of the Department of Women and Child Development in the States
and Union Territories to hold regular meetings of State Advisory Committee
constituted under the 1998 National Plan of Action to Combat Trafficking and
Commercial Sexual Exploitation of Women and Children and monitor initiatives
being undertaken by them with regard to prevention, rescue, rehabilitation,
reintegration and repatriation of victims of trafficking.

The Ministry of Women and Child Development has also undertaken a

study in collaboration with UNICEF on Rescue and Rehabilitation of Child
Victims Trafficked for Commercial Sexual Exploitation. The Report of this study
was released to the public in 2005. The Ministry of Women and Child
Development, in 2005, also formulated a Protocol for Pre-Rescue, Rescue and
Post-Rescue Operations of Child Victims of Trafficking for Commercial Sexual
Exploitation. This Protocol contains guidelines for State Governments and a
strategy for Rescue Team Members for pre-rescue, rescue and post-rescue
operations concerning children who are victims of trafficking and were sexually
being exploited for commercial reasons. The Ministry of Women and Child
Development in collaboration with UNICEF and various other organizations has
developed three manuals – the “Manual for the Judicial Workers on Combating
Trafficking of Women and Children for Commercial Sexual Exploitation”,
“Manual for Medical Officers for Dealing with Child Victims of Trafficking and
Commercial Sexual Exploitation”, and “Manual for Social Workers Dealing with
Child Victims of Trafficking and Commercial Sexual Exploitation”. The Manual
for Judicial Workers has been developed in collaboration with the National
Human Rights Commission.

4. Role of National Human Rights Commission

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 In view of the existing trafficking scenario and at the request of the UN
High Commissioner for Human Rights as well as on the recommendations of
the Asia Pacific Forum of National Human Rights Institutions, the National
Human Rights Commission nominated one of its Members to serve as a Focal
Point on Human Rights of Women, including Trafficking in 2001. Among the
activities initiated by the Focal Point was an Action Research on Trafficking in
Women and Children in India in the year 2002 in collaboration with UNIFEM
and the Institute of Social Sciences, a research institute in New Delhi. The
main focus of the Action Research was to find out the trends, dimensions,
factors and responses related to trafficking in women and children in India.
Besides, it looked into various other facets of trafficking, viz., the routes of
trafficking, transit points, the role of law enforcement agencies, NGOs and
other stakeholders in detecting and curbing trafficking. It also reviewed the
existent laws at the national, regional and international level. The Action
Research was completed in July 2004 and its Report was released to the public
in August 2004. The recommendations and suggestions that emerged out of
the Action Research were forwarded to all concerned in the Central
Government, States/Union Territories for effective implementation. They were
also requested to send an action taken report on the steps taken by them. In
order that the recommendations and suggestions of the Action Research were
implemented in true spirit, the Commission subsequently devised a
comprehensive Plan of Action to Prevent and End Trafficking in Women and
Children in India and disseminated the same to all concerned.

Before commencing the Action Research, an Information Kit on

Preventing and Combating Trafficking in Women and Children was also
published by the Focal Point. The main aim of the Information Kit was to inform
the society about the various aspects of Trafficking – its forms, the estimates,
the causes, the consequences, the modus operandi and the role of the
Commission in preventing and combating trafficking. Prior to the establishment
of the Focal Point, the Commission with the help of UNICEF and other
organizations had carried out a campaign of Public Awareness on the problem
of Child Prostitution and Sexual Abuse of Children in 1998.

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 Pained with the plight of children who were victims of trafficking, the
Commission and the Prasar Bharati, with support from UNICEF, collectively
prepared a Guidebook for the Media on Sexual Violence Against Children. The
main objective of the guidebook is to encourage media professionals to
address the issue of sexual violence against children in a consistent, sensitive
and effective manner, consonant with the rights and best interests of children.
Further, to prevent cross-border trafficking, the National Human Rights
Commission requested the Directors General of Police of Uttar Pradesh, Bihar
and West Bengal to be vigilant about the issue. The National Human Rights
Commissions of India and Nepal have prepared a Memorandum of
Understanding (MoU) to prevent and check cross-border trafficking. However,
the draft MoU is still pending with the Ministry of External Affairs, Government
of India.

To spread awareness on prevention of sex tourism and trafficking, the

Commission in collaboration with the UNIFEM and an NGO organized a one-
day Sensitization Programme on Prevention of Sex Tourism and Trafficking in
the year 2003. The main objective of the programme was to sensitize senior
representatives of the hotel and tourism industry on various issues relating to
sex tourism and trafficking. A National Workshop to Review the
Implementation of Laws and Policies Related to Trafficking was also organized
in 2004 in collaboration with PRAYAS, A Field Action Project of the Tata
Institute of Social Sciences, Mumbai to work towards an effective rescue and
post-rescue strategy.

5. Role of Ministry of Home Affairs

The Ministry of Home Affairs is also concerned with the problem of

trafficking in human beings. It organized a two-day National Seminar on
Trafficking in Human Beings in collaboration with the National Human Rights
Commission and the United Nations Office on Drugs and Crime (UNODC) at
the India Habitat Centre, New Delhi on 27 and 28 October 2005. The
recommendations that emanated out of this Seminar have been sent to all
concerned for compliance. In August/September 2006, the Ministry of Home
Affairs set up a Nodal Cell for Prevention of Trafficking. The main function of

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this Cell is to coordinate, network and provide feedback to the State
Governments and other concerned agencies on a sustained and continuous
basis so as to prevent and combat trafficking in human beings. This Cell has
also been made responsible to document ‘best practices’ in preventing and
combating trafficking in human beings as well as share data inputs with other
stakeholders. In order to review the overall status of trafficking in the country,
the Cell proposes to convene regular meetings every quarter with all
stakeholders.

6. Role of National Commission for Women

The National Commission for Women is also dealing with the problem of
trafficking in women and children. In late 90s, it undertook two studies entitled
‘The Lost Childhood’ and ‘Velvet Blouse – Sexual Exploitation of Children’. In
2001, it undertook another study entitled ‘Trafficking – A Socio-Legal Study’.
Later in 2004, a study on ‘Coastal Sex Tourism’ was carried out by it. Along
with these research studies, it has organized various seminars, training
programmes and conferences on the subject of trafficking. Based on the
above, it suggested amendments to ITPA in order to have a comprehensive law
on trafficking.

The Ministry of Women and Child Development, the Ministry of Home

Affairs and the National Human Rights Commission have requested all Chief
Secretaries and Directors General of Police to sensitize the subordinate
functionaries at the cutting edge on trafficking as well as other issues related to
trafficking so that perpetrators of trafficking and its allied activities are severely
dealt under the relevant provisions of law. The Ministry of Women and Child
Development, the Ministry of Home Affairs, the National Human Rights
Commission and the National Commission for Women on their own and in
collaboration with the civil society are sensitizing the judicial officers, police
officers, government officers and various other stakeholders on issues related
to trafficking in human beings for various purposes.

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II. Integrated Plan of Action to Prevent and Combat Human Trafficking
with Special Focus on Children and Women

The introductory chapter gives a broad overview about the initiatives and
activities undertaken by various stakeholders to prevent and combat trafficking
in human beings. Most of these initiatives and activities have come out with
their own recommendations and Plans of Action. The result being that we all
are working in isolation rather collectively on the same issue. In order that
these recommendations/Plans of Action are properly acted upon, the Ministry of
Women and Child Development, Ministry of Home Affairs, National Human
Rights Commission and National Commission for Women have decided to work
in unison and draw up an Integrated Plan of Action to Prevent and Combat
Human Trafficking with Special Focus on Children and Women. This, we
feel, would guide and facilitate uniform action on the part of all concerned so
that trafficking is eliminated from its roots. The Integrated Plan of Action
outlined below consists of action points grouped under:

 Ensuring Human Rights Perspective for the Victims of Trafficking

 Preventing Trafficking

 Emerging Areas of Concern in Trafficking – Their Patterns and Trends

 Identification of Traffickers and Trafficked Victims

 Special Measures for Identification and Protection of Trafficked Child

Victims

 Rescue of Trafficked Victims Especially in Brothel-Based and Street-

Based Prostitution with Special Focus on Child Victims

 Rehabilitation, Reintegration and Repatriation of Trafficked Victims with

Special Focus on Child Victims

 Cross-Border Trafficking: National and Regional Cooperation and

Coordination

 Legal Framework and Law Enforcement

 Witness Protection and Support to Victims

 Training, Sensitization, Education and Awareness

 Methodology for Translating the Action Points into Action

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 The ultimate objective of the Integrated Plan of Action is to mainstream
and reintegrate all victims of trafficking in society.

1. Ensuring Human Rights Perspective for the Victims of Trafficking

Violations of human rights are both a cause and a consequence of

human trafficking. Accordingly, it is essential to place the protection of
human rights at the center of any measures taken to prevent and end
trafficking. Anti-trafficking measures in no way should adversely affect
the human rights and dignity of persons who have been trafficked. The
overall machinery deployed by the Central Government/State
Governments/Union Territories should consider:

1. Taking steps to ensure that measures adopted for the

purpose of preventing and combating human trafficking do not
have an adverse impact on the rights and dignity of trafficked
persons.

2. Developing standard minimum guidelines for all officials

and service providers with regard to pre-rescue, rescue and post-
rescue operations including rehabilitation, reintegration and
repatriation of trafficked victims. These guidelines should be
gender-responsive and should also provide further referral to
other service providers in order to prevent revictimization. These
could be prepared in the form of information
kits/booklets/handbooks/do’s and don’ts or be made part of the
rules issued under the concerned law and should specify the
accountability of the agencies concerned in providing services.
This would enable all officials and service providers -- judicial
officers, prosecutors, lawyers, law enforcement officials, medical
and psycho-social professionals, functionaries manning
homes/agencies of different kinds and others, to discharge their
functions and duties effectively.

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 3. Taking particular care to ensure that the issue of gender-
based discrimination is addressed systematically when anti-
trafficking measures are proposed with a view to ensure that such
measures are not applied in a discriminatory manner.

4. Ensuring that trafficked children, including girl children, are

dealt with separately from adult trafficked persons in terms of
laws, policies, programmes and interventions. The best interest of
the child should be of prime consideration in all actions
concerning trafficked children. Steps to be initiated to ensure that
children who are victim of trafficking are not subjected to criminal
procedures or sanctions for offences related to their situation as
trafficked persons.

2. Preventing Trafficking

Preventing trafficking should take into account both demand and supply
as a root cause. Central Government/State Governments/Union
Territories should also take into account the factors that increase
vulnerability to trafficking, including inequality, poverty and all forms of
discrimination and prejudice. Effective prevention strategies should be
based on existing experience and accurate information.

1. Analysing the factors that generate demand and supply for

exploitative commercial sexual services and exploitative labour
and taking strong legislative, policy and other measures to
address these issues.

2. Empowering the vulnerable sections living in remote corners of

country by extending to them various welfare, development and
anti-poverty schemes of the Government of India, such as,
Swadhar, Swayamsidha, Swa-Shakti, Swawlamban, Balika
Samridhi Yojana, Support to Training and Employment
Programme for Women (STEP), Kishori Shakti Yojana, etc. This
would provide scope for ample economic opportunities for the

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 women and other traditionally disadvantaged groups in their
native place itself so as to reduce their vulnerability to trafficking.

3. Improving children’s access to schools and increasing the level of

school attendance, especially of those affected or dependants,
including the girl children, especially in remote and backward
parts of the country. Efforts should also be made to incorporate
sex-education and gender sensitive concerns in the school
curriculum, both at the primary and secondary levels.

4. Generating awareness and spreading legal literacy on economic

rights, particularly for women and adolescent girls should be
taken up. Presently, there seems to be insufficient knowledge
and information among the people to make informed decisions
that affect their lives. This would not only enable them to know
about their rights but also inform them about the risks of illegal
migration (e.g. exploitation, debt bondage and health and security
issues, including exposure to HIV/AIDS) as well as avenues
available for legal, non-exploitative migration.

5. Developing information campaigns for the general public

aimed at promoting awareness about the dangers associated with
trafficking. Such campaigns should be informed by an
understanding of the complexities surrounding trafficking and of
the reasons as to why individuals may make potentially
dangerous migration decisions.

6. Reviewing and modifying policies that may compel people

to resort to irregular and vulnerable labour migration. This
process should include examining the effect especially with
regard to unskilled labour and woman.

7. Examining ways of increasing opportunities for legal,

gainful and non-exploitative labour migration. The promotion of
labour migration on the whole should be dependent on the

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 existence of regulatory and supervisory mechanisms to protect
the rights of migrant workers.

8. Giving focused attention to the adolescents, who are both

potential victims and clients. It would be useful if appropriate
information and value clarification is given to them on issues
related to ‘sexuality’ and ‘reproductive health’. This exercise
would be beneficial in view of the growing evidence of increased
pre-marital sexual activity among adolescents and the looming
threat of HIV/AIDS within this group.

9. Strengthening the capacity of law enforcement agencies to arrest

and prosecute those involved in trafficking. This would include
ensuring that law enforcement agencies comply with their legal
obligations.

10. Devising necessary mechanisms for concerted coordination

between the judiciary, police, government institutions and non-
governmental organizations/civil society groups with regard to
prevention and combating strategies. This kind of a government-
public network would involve and make the non-governmental
organizations/community responsible to act as watchdogs and
informants on traffickers and exploiters.

11. Adopting measures to reduce vulnerability by ensuring that

appropriate legal documentation for birth, citizenship and
marriage is provided and made available to all persons.

12. Setting up of a national database/web portal under the aegis of

National Crime Records Bureau. The main purpose of this kind of
a mechanism is to create a help desk in providing information on
missing persons including women and children, alert notice on
suspected traffickers, anti-trafficking networks, do’s and don’ts to
be followed while dealing with victims of trafficking, etc.

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 13. Addressing culturally sanctioned practices like the system of
devadasis, jogins, bhavins, etc. which provide a pretext for
trafficking of women and children for sexual exploitation.

14. Giving adequate publicity, through print and electronic media

including ‘childlines’ and women ‘helplines’ across the country
about the problem of trafficking and its ramifications.

3. Emerging Areas of Concern in Trafficking – Their Patterns and

Trends

India is a country of vast dimensions. The formidable challenge is the

enormity of the problem, both in number of trafficked persons and increasing
number of locations. Of late, there is an expanding market for commercial
sexual exploitation through non-brothel based modalities where the trafficked
persons are made to pose as attendants, masseurs and as bartenders. Child
pornography is another area that requires concerted attention. Sex tourism is
also growing whereby India is emerging as a major tourist destination.
Central/State Governments, where appropriate, non-governmental
organizations and the civil society at large should consider:

1. Evolving a comprehensive integrated approach for prevention and

protection of trafficked victims, especially children of both sexes
who are pushed into non-brothel based prostitution.
Simultaneously, there is also need to evolve a strategy to
prosecute all those who indulge in exploitation of these kinds.

2. Strengthening/Amending existing laws on trafficking related to non-

brothel based prostitution.

3. Spreading awareness about non-brothel based prostitution by

organizing campaigns, training/sensitization programmes for staff
and other functionaries in the hotel and tourism sector as well as
children in schools, adolescents and youth groups.

4. Giving special attention to vulnerable areas like massage parlours,

escort services, party hostesses, attendants, companions, etc. so

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 as to prevent linkage between trafficking and non-brothel based
prostitution.

5. Developing and distributing brochures and flyers in

international/domestic flights for addressing the
international/domestic tourists on the legal repercussions of non-
brothel based prostitution. Besides, in-flight videos/films could
also be prepared for showing on national and international flights.

6. Developing and distributing different kinds of awareness material like

posters, hoardings, etc. on trafficking linked to non-brothel based
prostitution.

4. Identification of Traffickers and Trafficked Victims

Trafficking means much more than the organized movement of persons

for profit. The critical additional factor that distinguishes trafficking from
other kinds of clandestine movement of persons is the presence of force,
coercion and/or deception throughout or at some stage in the process –
such deception, force or coercion being used for the purpose of
exploitation. It is therefore very essential to keep a watch on all kinds of
movements. Besides, the Central Governments, State Governments
and Union Territory Administrations should not only identify and target
the traffickers only but also those who are involved in controlling and
exploiting trafficked victims. For example, those who are recruiters,
transporters, those who transfer and/or maintain trafficked persons in
exploitative situations, those involved in related crimes and those who
profit either directly or indirectly from trafficking, its component acts and
related offences.

1. Developing guidelines and procedures for relevant State

authorities and officials such as police, border security personnel,
immigration officials and others involved in the detection,
detention, reception and processing of irregular migrants, to
permit the rapid and accurate identification of traffickers and
trafficked victims, including children.

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2. Providing appropriate training to relevant State authorities and
officials in the identification of traffickers and trafficked victims,
including children and correct application of the guidelines and
procedures referred to above.

3. Ensuring cooperation between relevant authorities, officials and

non-governmental organizations to facilitate the identification of
traffickers and trafficked victims and provision of assistance and
support to trafficked victims. The organization and
implementation of such cooperation should be formalized in order
to maximize its effectiveness.

4. Identifying appropriate points of intervention to ensure that

migrants and potential migrants are warned about possible
dangers and consequences of trafficking and receive information
that enables them to seek assistance if required.

5. Ensuring that all traffickers are arrested, prosecuted and

punished with stringent penalties for their deeds. One way could
be of confiscating their assets and proceeds of trafficking which
could be used for the benefit of victims of trafficking. In no way,
the trafficked victims should be prosecuted for the activities they
are involved in as a result of their situation. It should be ensured
that protection of trafficked victims as well as the confiscation of
assets and proceeds of the trafficker for the benefit of trafficked
victims are built into the anti-trafficking legislation itself. In fact,
consideration should be given to the establishment of a
Compensation Fund for victims of trafficking and the use of
confiscated assets should finance such a fund. The protection
offered to the victims in no way should be made conditional upon
the willingness of the trafficked victim to cooperate in the legal
proceedings.

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5. Special Measures for Identification and Protection of Trafficked
Child Victims

The physical, psychological and psychosocial harm suffered by trafficked

children and their increased vulnerability to exploitation require that they
be dealt with separately from adult trafficked persons in terms of laws,
policies, programmes and interventions. The best interests of the child
must be a primary consideration in all actions concerning trafficked
children, whether undertaken by courts of law, government authorities,
legislative bodies or non-governmental organizations. Children who are
victims of trafficking should be provided with appropriate assistance and
protection and full account should be taken of their special rights and
needs. The Central Government/State Governments/Union Territory
Administrations/inter-governmental and non-governmental
organizations, should consider, in addition to the measures outlined
under serial no. IV:

1. Ensuring that definitions of trafficking in children, in both law and

policy, reflect their need for special safeguards and care,
including appropriate legal protection. In particular, and in
accordance with the 2000 Palermo Protocol, evidence of
deception, force, coercion, etc. should not form part of the
definition of trafficking where the person involved is a child. The
mere presence of a child with a trafficker of any kind should
connote that the child is trafficked or is being trafficked.

2. Ensuring that procedures are in place for the rapid identification of

child victims of trafficking.

3. Ensuring that children who are victims of trafficking are not

subjected to criminal procedures or sanctions for offences related
to their situation as trafficked persons.

4. In cases where children are not accompanied by relatives or

guardians, steps should be taken to identify and locate family

20
 members. Measures should also be taken in consultation with
the child to facilitate the reunion of trafficked children with their
families where this is deemed to be in their best interest.

5. In situations where the safe return of the child to his or her family
is not possible, or where such return would not be in the child’s
best interests, establishing adequate care arrangements that
respect the rights and dignity of the trafficked child.

6. In both the situations referred to at serial no. 4 and 5 above,

ensuring that a child who is capable of forming his or her own
views enjoys the right to express those views freely in all matters
affective him or her, in particular, concerning decisions about his
or her possible return to the family, the views of the child be given
due weightage in accordance with his or her age and maturity.

7. Adopting specialized policies and programmes to protect and

support children who have been victims of trafficking. Children
should be provided with appropriate physical, psychosocial, legal,
educational, housing and healthcare assistance.

8. Adopting measures necessary to protect the rights and interests

of trafficked children at all stages of criminal proceedings against
alleged offenders and during procedures for obtaining
compensation.

9. Protecting, as appropriate, the privacy and identity of child victims

and taking measures to avoid the dissemination of information
that could lead to their identification.

10. Taking measures to ensure adequate and appropriate training, in

particular, legal and psychological training, for persons working
with child victims of trafficking.

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6. Rescue of Trafficked Victims, Especially in Brothel-Based and
Street-Based Prostitution with Special Focus on Child Victims

The process of trafficking cannot be broken without giving proper

attention to the rights and needs of those who have been trafficked.
Appropriate measures need to be specifically devised for trafficked
victims, especially in brothel-based and street-based prostitution,
including children who have been trapped in this without discrimination.
The Central Government/State Governments/Union Territory
Administrations/inter-governmental/non-governmental organizations
should consider:

1. Taking effective measures for planning and devising a rescue

strategy specifying victim-friendly provisions and structures for
trafficked victims who have been forced into brothel-based and
street-based prostitution.

2. Creating a specialized cell for rescuing them at the

Centre/State/Block/District/Village level. This kind of
paraphernalia would also facilitate in coordinating with other
relevant departments and non-governmental organizations (intra
and inter) for rescuing trafficked victims caught in brothel-based
and street-based prostitution including children who have been
trapped.

3. Creating a confidential database on traffickers including probable

traffickers, brothel owners, madams, gharwalis, etc. at all levels.

4. Cultivating a network of informants who will provide specific

information about trafficked women victims including child victims
below 18 years who want to be rescued from brothels.

5. Ensuring that rescue team should consist of both men and

women police officers and representatives of non-governmental
organizations/local inhabitants. Each member of the rescue team
should be told about his/her role in the rescue operation and how

22
 the same is to be executed. They should also be told to maintain
confidentiality and secrecy of the entire rescue operation.

7. Taking due care by all concerned to ensure that trafficked women,

particularly children, are not unnecessarily harassed or
intimidated during the course of rescue operations. Adoption of
humane and rights-based approach would go a long way in
building the faith of the victims in the criminal justice system. This
would also facilitate the overall rehabilitation, reintegration of the
victims.

8. Ensuring, in partnership with non-governmental organizations,

that trafficked victims, including children, are provided access to
legal, medical and counselling services. It should also be
ensured that they are treated with dignity and not humiliated by
the police, medical personnel or the court.

9. Ensuring that any victim, including a child, who is rescued, is

examined by a Registered Medical Practitioner for the purpose of
age and for the detection of injuries/diseases. Trafficked victims
should not be subjected to mandatory testing for diseases,
including HIV/AIDS.

10. Ensuring that, in cases where the victim rescued is not a child,
she should not be prima facie treated as a criminal accused of
soliciting clients. Steps should be taken to ensure that correct
provisions of law are applied and that the FIR is not stereotyped.

11. All efforts should be made to ensure anonymity and privacy of the
victims during and after rescue.

7. Rehabilitation, Reintegration and Repatriation of Trafficked Victims

with Special Focus on Child Victims

The rehabilitation, reintegration and repatriation of victims of trafficking

being a long process must be planned, taking into account the specific
short and long-term needs of individual victims. Efforts must be non-

23
punitive and aimed at protecting the rights of the victims. All
stakeholders should therefore consider:

1. Taking into account the specific short and long-term needs of each
individual victim based on their age, education, skills, etc., the
rehabilitation, reintegration and repatriation package for victims of
trafficking should be worked out.

2. Keeping in view the paucity of government run institutions as well

as the deteriorating conditions of these institutions, there is need
to identify names of fit persons and fit institutions for providing
safe custody to victims of trafficking. This list should be made
available to the police, courts, non-governmental organizations
and civil society at large for information.

3. Providing access to legal, medical and counselling services to all

trafficked victims in order to restore their self-confidence and self-
esteem. Special provision should be provided to those who have
contracted HIV/AIDS.

4. Enabling victims of trafficking to access both formal and non-

formal education structures. Formal education should be made
available to those victims who are still within the school going
age, while non-formal education should be made accessible to
adults.

5. Providing gender sensitive market driven vocational training in

partnership with non-governmental organizations to all rescued
victims who are not interested in education. Government and
non-governmental organizations should also work together to
develop partnership with public and private sector employers in
order to provide training/facilitate work placement as part of the
reintegration process. Due care should be taken to give ample
choice to victims so that rehabilitation and reintegration becomes
a holistic process, which respects their human rights.

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 6. Involving the community in the rehabilitation, reintegration and
repatriation process of trafficked victims. This means involving the
families of victims and the community by enhancing their
awareness about trafficking in general and the impact of
trafficking on the individual.

7. Monitoring the rehabilitation, reintegration and repatriation of

rescued victims with the help of non-governmental organizations.

8. Making available to rescued victims various developmental and

anti-poverty schemes meant for the general population, both in
the rehabilitation and reintegration phase.

9. Upgrading the conditions and capacities of institutions/homes run

by the Government and an increase in the number of such
institutions/homes not only in the cities, but also at the district and
taluka levels, are of utmost necessity.

10. Recruiting adequate number of trained counsellors and social

workers in institutions/homes run by the government
independently or in collaboration with non-governmental
organizations.

11. Appointing trained social workers and counsellors at police

stations, courts and homes/institutions of different kinds meant for
accommodating victims of trafficking.

12. Anti-trafficking cells/units should be set up at the Centre, State,

Block District and Village levels to facilitate and monitor the
process of rescue, rehabilitation, reintegration and repatriation.

8. Cross-Border Trafficking: National and Regional Cooperation and

Coordination

Trafficking is a regional and global phenomenon. Enormous trafficking

takes place not only within the country but also across borders,

25
especially between the neighbouring countries. A coherent approach is
therefore required to tackle the problem of cross-border trafficking which
cannot be dealt with at the national level alone. A strengthened national
response can often result in the operations of traffickers moving
elsewhere. International, multilateral and bilateral cooperation can play
an important role in preventing and combating trafficking activities.
States should thus consider:

1. Adopting bilateral agreements with neighbouring countries in

order to prevent trafficking and protecting the rights and dignity of
trafficked persons and promoting their welfare.

2. Using the Palermo Protocol and relevant international human

rights standards as a baseline and framework for elaborating
bilateral agreements mentioned at serial no. 1 above.

3. Adopting labour migration agreements, which may include

provision for work standards, model contracts, modes of
repatriation, etc. in accordance with existing international
standards.

4. Developing cooperation arrangements to facilitate the rapid

identification of trafficked victims including the sharing and
exchange of information in relation to their nationality and right of
residence.

5. Establishing mechanisms to facilitate the exchange of information

concerning traffickers and their methods of operation.

6. Developing procedures and protocols for the conduct of proactive

joint investigations by law enforcement authorities of different
concerned countries.

7. Ensuring judicial cooperation between countries in investigations

and judicial processes relating to trafficking and related offences.
This cooperation should include assistance in: identifying and

26
 interviewing witnesses with due regard for their safety; identifying,
obtaining and preserving evidence; producing and serving the
legal documents necessary to secure evidence and witnesses;
and the enforcement of judgments.

8. Ensuring that requests for extradition for offences related to

trafficking are dealt with by the authorities of the requested
countries without undue delay.

9. Establishing cooperative mechanisms for the confiscation of the

proceeds of trafficking. This cooperation should include the
provision of assistance in identifying, tracing, freezing and
confiscating assets connected to trafficking and related
exploitation.

10. Encouraging and facilitating cooperation between non-

governmental organizations and other civil society organizations
in countries of origin, transit and destination. This is particularly
important to ensure support and assistance to trafficked victims
who are repatriated.

9. Legal Framework and Law Enforcement

The lack of specific and/or adequate legislation on trafficking at the

national level has been identified as one of the major obstacles in the fight
against trafficking. There is an urgent need to harmonize legal definitions,
procedures and cooperation at the national and regional levels in accordance
with international standards. The development of an appropriate legal
framework that is consistent with relevant international instruments and
standards will also play an important role in the prevention of trafficking and
related exploitation. Moreover, a strong legal framework would also ensure an
effective law enforcement response. As of now, individuals are reluctant or
unable to report traffickers or to serve as witnesses because they lack
confidence in the police and the judicial system and/or because of the absence
of any effective protection mechanisms. These problems are compounded
when law enforcement officials are involved or complicit in trafficking. Strong

27
measures therefore need to be taken to ensure that such involvement is
investigated, prosecuted and punished. Law enforcement officials must also be
sensitized to the paramount requirement of ensuring the safety of trafficked
victims. The Government of India having ratified the Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on
the Rights of the Child, the two Optional Protocols to the Convention on the
Rights of the Child on the Involvement of Children in Armed Conflicts; and on
the Sale of Children, Child Prostitution and Child Pornography and having
signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention
against Transnational Organised Crime, 2000, should consider:

1. Amending or adopting national legislation in accordance with

international standards in order to address all forms of trafficking
and these should also be criminalized. Along with this, the
content of domestic trafficking legislation should also strictly
criminalize traffickers, including agents or middlemen, brothel
owners and managers, as well as institutional networks that are
used in the crime of trafficking.

2. Enacting legislation to provide for the administrative, civil and,

where appropriate, criminal liability of legal persons for trafficking
offences in addition to the liability of natural persons. The
Government should also review current laws, administrative
controls and conditions relating to the licensing and operation of
businesses that may serve as cover for trafficking such as
marriage bureaux, employment agencies, travel agencies, hotels
and escort services.

3. Making legislative provision for effective and proportional criminal

penalties (including custodial penalties giving rise to extradition in
the case of individuals). Where appropriate, legislation should
provide for additional penalties to be applied to persons found
guilty of trafficking in aggravating circumstances, including

28
 offences involving trafficking in children or offences committed or
involving complicity by State officials.

4. Making legislative provision for confiscation of the instruments

and proceeds of trafficking and related offences. Where possible,
the legislation should specify that the confiscated proceeds of
trafficking would be used for the benefit of victims of trafficking.
Consideration should be given to the establishment of a
Compensation Fund for victims of trafficking and the use of
confiscated assets should finance such a fund.

5. Ensuring that legislation prevents trafficked persons from being

prosecuted, detained or punished for they are victims of situation
beyond their control. Likewise, it should be ensured that
protection of trafficked victims is built into the anti-trafficking
legislation itself. The protection offered in no way should be
made conditional upon the willingness of the trafficked victim to
cooperate in the legal proceedings.

6. Providing legislative protection for trafficked victims who

voluntarily agree to cooperate with law enforcement authorities.

7. Legal reform should also incorporate a gender and rights-based

perspective, having regard to the fact that women are, in most
cases, marginalized. For example, property and inheritance laws
and procedures should be reviewed and adjusted to ensure that
they do not include provisions which have a discriminatory impact
on women and their livelihood options.

8. Making effective provision for trafficked victims whereby they are

given legal information and assistance in a language they
understand as well as appropriate other supportive measures.
The Government should ensure that entitlement to such
information, assistance and support is not discretionary but is

29
 available as a right for all persons who have been identified as
trafficked.

9. Ensuring that the right of trafficking victims to pursue civil claims

against alleged traffickers is enshrined in law.

10. The services of nodal officers – one representing the police

department dealing with investigation, detection, prosecution and
prevention of trafficking and the other representing the welfare
agencies dealing with rescue, rehabilitation and economic/social
empowerment of the victims and those at risk – appointed by the
State Governments/Union Territories at the behest of NHRC
should be utilized for all purposes.

11. Ensuring that law enforcement personnel of all ranks are provided
with adequate training in the investigation and prosecution of
cases of trafficking.

12. Establishing specialist Anti-Trafficking Units (comprising both

women and men) in order to promote competence and
professionalism. Besides, law enforcement authorities should be
provided with adequate investigative powers and techniques to
enable effective investigation and prosecution of suspected
traffickers.

13. Guaranteeing that traffickers are and will remain the focus of anti-
trafficking strategies and that law enforcement efforts do not place
trafficked victims at risk of being punished for offences committed
as a consequence of their situation.

14. Encouraging law enforcement authorities to work in partnership

with non-governmental organizations and the community at large
in order to ensure that trafficked victims receive necessary
support and assistance. For very little can be achieved without
the involvement of the community in fighting trafficking.

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10. Witness Protection and Support to Victims

As mentioned at serial no. IX above, an adequate law enforcement

response to trafficking is dependent on the cooperation and support of
trafficked victims and other witnesses. In many cases, individuals are reluctant
or unable to report traffickers or to serve as witnesses because of the fear that
they would not only be harassed but also ill-treated. In order that the trafficked
victims and other witnesses shed their fears, the Government should consider:

1. Guaranteeing protection for witnesses and support to victims in

law.

2. Making appropriate efforts to protect individual trafficked victims

and other witnesses (including their families) during the
investigation and trial process and any subsequent period when
their safety so requires. Appropriate protection programmes may
include some or all of the following elements: access to
independent legal counsel; protection of identity during legal
proceedings; in-camera trials.

11. Training, Sensitization, Education and Awareness

Training, sensitization, education and awareness on the issue of

trafficking, particularly its adverse impact on human beings, is an
important element of prevention as well as eradicating trafficking. This
being so, all round efforts should be made to train, sensitize, educate
and raise awareness among all at all levels. In doing so, focus should
be on:

1. Deepening knowledge and understanding through sensitization

and training programmes for judicial officers, law enforcement
personnel (police, immigration, border control, customs officials,
medical professionals/ personnel and labour inspectors) and
other concerned government officials on the issue of ‘trafficking’
as well as ‘gender and human rights’. These training and
sensitization programmes could be organized in conjunction with

31
 the Ministries of Home Affairs, Women and Child Development,
Labour, the National Human Rights Commission and the National
Commission for Women.

2. Ensuring uniformity and quality in these sensitization and training

programmes by developing specialized modules for each
category of officials taking into consideration their different roles
and responsibilities.

3. The module on anti-trafficking should form a core component of

the curriculum of National Police Academy, Hyderabad; Lal
Bahadur Shastri National Academy of Administration, Mussoorie
and all police training institutes. This would enable all
probationers to know about the problem of trafficking and its
ramifications.

4. Building up and strengthening the capacity of non-governmental

organizations that are currently involved in rescue, rehabilitation,
reintegration and repatriation work.

5. Till such time, a new law to deal with the problems of trafficking is
framed or amendments are made in the existing law, the police
officers, prosecutors and lawyers should be sensitized to invoke
provisions of the Immoral Traffic (Prevention) Act, 1956 in
conjunction with the Indian Penal Code, the Juvenile Justice
(Care and Protection of Children) Act, 2000 and other laws.

6. Developing training material consisting of good practice models,

applicable treaties and laws, important judgments, rescue
procedure, case studies on rehabilitation of victims, etc. to ensure
that the knowledge, information imparted in various
training/sensitization programmes is of uniform nature.

7. Maintaining records regarding the officials/personnel who have

been trained and the type of training received, so that later

32
 refresher courses could be organized for them to update them on
latest information and techniques.

8. Organizing mass scale information campaigns on the issue of

trafficking for the general public at large. The tourism industry
including airlines, hotels, travel agencies, beer bars, holiday
resorts, etc. should also be sensitized to the problem of
trafficking.

9. Educating school and college level students on the issue of

trafficking as well as human rights and gender sensitive concerns.

10. The media should play an important role in informing and

educating the public through newspaper, radio and other modes
of communication, and should be targeted as a key partner in
preventing and ending trafficking. It would be ideal if media
practitioners were first sensitized about the issue of trafficking and
its complexities, as this would ensure appropriate reporting on
facts rather than sensationalizing the issue.

12. Methodology for Translating the Action Points into Action

Suggestions to be given by the Participants.

*****

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