“WORKING TOGETHER TO COMBAT HUMAN

TRAFFCIKING”

5th Anti Trafficking In Persons Conclave

Organised by Shakti Vahini

In Partnership and Support from US Consulate Kolkatta

 Programme Schedule:

Friday, February 12, 2016

08:00AM- Registrations
09.00AM

09.00AM- Inaugural Welcome: Formal Inauguration & Lighting of the Lamp

09.45AM Program Remembering Late Ms Indrani Sinha, Founder SANLAAP - A
Two Minute Tribute Film
Recapitulating –The Jharkhand TIP Conclave (5 Minutes)

Panelists: For Inaugural Opening Remarks

 Mr Craig L Hall, Consul General, U.S. Consulate General
Kolkata
 Dr PM Nair, IPS Anti Trafficking Expert & TATA Chair
Professor, TISS Mumbai
 Mr Rinchen Chophel , Director General ,South Asia
Initiative To End Violence Against Children(SAIEVAC).
 Mr Rajneesh Kwatra, Under Secretary, Ministry of
Home Affairs, Government of India
 Mr Alok Aggarwal, Honorable Member Secretary,
National Legal Services Authority
 Ms Stuti Narain Kacker, Honorable Chairperson,
National Commission for Protection of Child Rights,
Govt. of India

Royal Pavilion Hall

09.45AM- Technical Responses to Human Trafficking-In Source Areas and

11.00AM Session Destination- Technical Session

 Dr PM Nair, IPS Anti Trafficking Expert & TATA Chair

Professor, TISS Mumbai.
 Ms Ananya Bhattacharya, Director, Bangla Natak
 Mr Kamal Saksena, IPS, Secretary (Home) Uttar Pradesh
 Mr Anurag Gupta, ADGP, IPS, (Special Branch),
Jharkhand Police
 Shri Sonam Tenzing Bhutia, IPS, SSP/CB-CID, Sikkim
 Mr Rajneesh Kwatra, Under Secretary, Ministry of Home
Affairs

Moderator: Ms Ambika Pandit, Senior Journalist, Times of

India, Delhi

All Panelists get 6 Minutes Opening Remarks. The Moderator

can ask questions to individual panelists and open the session
to the audience. There will be 10 Minutes for Q&A
 Royal Pavilion Hall

11.00 AM – 11.15 Tea

AM

11.15AM- Partnering with Judiciary& Statutory Agencies: Role of

12.00PM National Legal Services Authority & State Legal Services
Authority in providing Justice to Victims of Human Trafficking
& NALSA Report on Human Trafficking

 Mr Alok Aggarwal, Honorable Chairperson, National

Legal Services Authority, (NALSA)
 Mr Dharmesh Sharma, Member Secretary, Delhi State
Legal Services Authority
 Ms Swati Chauhan, Judge, Family Court Maharashtra
 Ms Kate Mogulescu, Supervising Attorney in the Legal
Aid Society’s Criminal Defense Practice, New York
 Ms Rekha Sharma, Member National Commission for
Women

Moderator: Ms Neha Dixit ,Sr Journalist

All Panelists get 6 minutes Opening Remarks. The Moderator

can ask questions to individual panelists and open the session
to the audience.

Royal Pavilion Hall

12.00AM- Responding to the Nepal Earthquake & Cross Border

12.45PM issues
 Ms Ministhy S, Spl.Secretary, Uttar Pradesh Home
 Mr Sabin Gurung, Maiti Nepal
 Mr Assadur Rehman, UNICEF, CFO West Bengal
 Mr Sonam Penjor, National Commission for Women and
Children, Govt of Bhutan
 Ms Swasti Rana, Project Officer , Anti Human
Trafficking UNODC
 Mohammed Asif, Director, Programme
Implementation, PLAN India

Moderator- Mr Gaurav Bansal, Political and Economic Officer,

U.S. Consulate General Kolkata

Royal Pavilion Hall

12.45 PM- 13.30 Lunch

PM

13.30 PM - 14.15 Linking Source to Destination- Opportunities for

PM Partnerships for Victim Support
  Ms Roshni Sen, IAS Secretary, Department of
Women and Child & Social Welfare Govt. of West
Bengal
 Ms Swati Maliwal, Chairperson, Delhi Commission for
Women

Royal Pavilion Hall

14.15 PM- Parallel Role of Stakeholders in Ensuring Safe Migration

15.45PM Sessions-1  B Bhamathi, Member Central Administrative Tribunal,
Mumbai Branch
 Mr YK Gautam , President Jan Jagran Sansthan,Patna
 Mr Rajeev Haldar, Addl Director, Child in Need
Institute
 Ms Sita Swansi – Secretary Diya Sewa Sansthan
 Ms Mou Bhattacharya – Justice and Care
 Shiv Shankar Kumar -Nomi Network
 Rajesh Mani – Director, Manav Seva Sansthan
 Mr Tashi Tshering, Ministry of Labour, Bhutan

Rapporteur – Ms Ankita Surbhi

Royal Pavilion Hall

14.15 PM- Parallel Strengthening Victim Support Systems –

15.45PM Session-2  Dr. Alana Golmei, Founder Director PANN NU
FOUNDATION
 Mr. Manabendra Mandal, ATSEC India
 Ms. Swati Chauhan, Judge, Family Court Maharashtra
 Mr. Sunil Barna, Community Mechanisms in
Preventing Human Trafficking
 Ms. Tapoti Bhowmick , SANLAAP
 Mr. Mrinal Ghosh , District Child Protection Officer
 Mr. Rakesh Sengar , Bachpan Bachao Andolan

Rapporteur – Ms Nistha Sardana

New Pavilion Hall

14.15 PM- Parallel Role of Technology in Tracking Missing Children and

15.45PM Session-3 Case Management Systems
 Dr. Rinchen Chophel
 Mr. Mohammed Asif, Director, Programme
Implementation
 Ms. Shankhalita Shome, DNET Bangladesh
 Mr. Bikramjit , Nepal

Rapporteur – Ms Surabhi Gupta

Hays Room
14.15 PM- Parallel Prevention of Human Trafficking through Skill
15.45PM Session-4 Development Initiatives in Vulnerable Areas
 Ms. Hasina Kharbhi, IMPULSE SOCIAL ENTERPRISES
 Mr. Digamber Narzaray, NEDAN Foundation
 Mr. Pijush Guha, Business Partner, NIFTI Green
 Ms. Asita Maldhiar
 Mr Gaurav Bansal, Political and Economic Officer, U.S.
Consulate General Kolkata

Rapporteur – Ms Pranjita Borah

Board Room

15.45PM-16.00 TEA BREAK

PM

16.00PM-17.30PM Local Voices North Bengal

 Ms. Rohini Nicholas, Marg Representative
 Mr. Sooraj, CHILDLINE Co-ordinator, South Dinajpur
 Mr. Jitender, CWC member, Coochbehar
 Mr. Tapas Karmakar, Cocern, Siliguri
 Ms. Rangu Kanchenjunga Uddhar Kendra
 Mr. Deep Bannerjee, Regional Head, Shakti Vahini,
West Bengal
 Mr. Duek Basak , Bulbul Chandi Welfare Society

Moderator – Mr Pramod Giri, Sr Journalist, Hindustan Times

Siliguri.

Royal Pavilion Hall

18.00PM Inaugural of the Mural at City Centre, Siliguri

19.30 PM-21.00 Honoring Ceremony and Dinner at Montana

PM
Vista Lawns

Honours List:

For Lifetime Contribution to Combat Human Trafficking

in India

Honourable Ms B. Bhamathi ,IAS Member , Central

Administrative Tribunal, Mumbai Branch

For Exemplary Contribution to Combat Human

Trafficking in India

Shri Kamal Saksena, IPS Secretary(Home),Government of

Uttar Pradesh
Shri Anurag Gupta, IPS, ADGP (Special Branch),Jharkhand
Police
 Shri Kuldeep Singh , IPS , IG Shastra Seema, Bal,Govt of India
Shri Avvaru Rabindranath, IPS S.P. Alipurduar, West Bengal
Government
Ms Ministhy S , IAS, Special Secretary (Home) ,Govt. of Uttar
Pradesh
Ms Sonam Yankeela Bhutia, Inspector, AHTU , Sikkim Police

Saturday, February 13, 2016

09.00AM-10.00 Young Voices Against Human Trafficking

AM  Mr. Dhawal Jain, IAS, BDO
 Ms. Tania Banerjee, Young Activist
 Representative, North Bengal Law College
 Ms. Saudamini Gupta, National Law School, Ranchi
 Mr. Baidnath, Diya Sewa Sansthan, Social Activist,
Ranchi
 Ms Payel Ghosh, Llm Student,North Bengal Law
Department
 Mr. Raju Nepali, Founder Doaars Express Mail
 Ms Bhagavati, Nepal

Moderator- Mr. Greg Pardo, Assistant Public Affairs Officer,

U.S. Consulate General Kolkata

10.00 AM- 11.15 Raising Awareness and Changing Society-Role of Media,

AM Social Media as Partners in Combatting Human
Trafficking
 Mr Faizan Haider, Hindustan Times
 Ms Anwesha Bannerjee, EI Samay
 Ms Chandrima Bhattacharya, Telegraph
 Rashmi Mishra, Times of India, Raipur
 Mr Dilip Dugar , Radio Misty
 Ms Neeta Bhalla, Thomson Reuters
 Mr Kalyan Baruaha, North East Tribune, Assam Tribune
 I Love Siliguri -Social Media

Moderator – MsShazia IIlmi – Former Journalist &Social Activist

11.15 AM-11.30 Tea

AM

11.30AM-12.30 Recapitulation of Parallel Sessions

AM  Mr Gaurav Bansal for Prevention of Human Trafficking
through Skill Development Initiatives in Vulnerable
Areas
 Mr Satyajit Ghosh , Role of Technology in Tracking
Missing Children and Case Management Systems
 Mr Rakesh Senger , Strengthening Victim Support
Systems
 Mr Rajeev Haldar , Role of Stakeholders in Ensuring
Safe Migration
12.30 PM–  Key Note Address by the Chief Guest, Dr Shashi
13.00PM Panja, Honorable Minister (Independent Charge) ,
Women Development &Social Welfare , Govt. of
West Bengal
 Ramen Deka, Member of Parliament (Lok Sabha)

12.45 AM-13.30 Closing Ceremony: The Way Forward & Vote of Thanks
PM  Mr Ravi Kant, President, Shakti Vahini, -Vote of Thanks
 Mr Craig L Hall, Consul General, U.S. Consulate General
Kolkata

13.30 PM- 14.30 Lunch

PM
 Introduction:

Shakti Vahini in association with US Consulate, Kolkata organized a two day

conclave on “Working Together to Combat Human Trafficking” in Siliguri, West
Bengal on February 12 and 13, 2016. West Bengal being one of the most risk
prone States in the country which serves as source, transit and destination
place for trafficking in persons. Siliguri was chosen for organizing the Conclave
due to its strategic geographical location which shares borders with Nepal,
Bangladesh and Bhutan and hence is a trafficking-prone zone in the State.

The Two day conclave was the 5th Anti Trafficking in Persons Conclave
organized to discuss on issues of human trafficking and come up with
strategies to combat the menace which is also a global issue. The prime focus
of the Conclave was West Bengal and North-Eastern States of the country.
More than 200 dignitaries from various parts of the country such as New Delhi,
Bihar, West Bengal, Jharkhand, Chhattisgarh, Uttar Pradesh, Assam, Mumbai,
Sikkim etc including delegates from United States of America, Bhutan, Nepal
and Bangladesh participated . The main objective of the two day conclave was
to bring together key stakeholders such as the Government, judiciary,
statutory bodies, law enforcement agencies, NGOs, civil society organizations,
media houses, students etc. to encourage increased networking, sharing of
best practices and cooperation to tackle the problem.

The Conclave also witnessed active participation of the West Bengal State
Government with the involvement of various departments such as the Women
and Child Development Department, Administrative Department, etc. The
Conclave was a great success with the presence of Dr. Shashi Panja,
Honourable Minister (Independent Charge) Women Development & Social
Welfare, Govt. of West Bengal who addressed the participants as the Chief
Guest of the two-day programme.

The following report is divided into sessions, with sub-heads that took place
during the two day conclave.
 DAY I (Friday, February
12, 2016)
WELCOME NOTE:

The first day of the Conclave started

with a Welcome note from Mr. Greg
Pardo, Assistant Public Affairs
Officer, US Consulate General,
Kolkata. He welcomed all the
distinguished guests and the
participants set forth the purpose of
the Conclave which was to jointly
address the issue of human
trafficking which is emerging as a
menace globally. He requested the
participants to share with each
other the methods and best
practices adopted by the agencies
to combat the heinous crime. He
thanked everyone for their
presence and requested Mr. Ravi
Kant, President, Shakti Vahini to
take the program forward.

WELCOME: FORMAL INAUGURATION & LIGHTING OF THE LAMP:

Mr. Ravi Kant, President, Shakti Vahini welcomed the dignitaries and all the
participants to the 5th Anti Trafficking-In-Persons Conclave, 2016 and
requested the distinguished guests to take their seats and proceeded for the
Inaugural Session. The Sessions started with the felicitation of the dignitaries
namely Mr. Craig L Hall, Consul general, US Consulate General, Kolkata, Mr.
Rinchen Chopel, Director general, South Asia Initiative to End Violence Against
Children (SAIEVAC), Mr. P.M Nair, IPS, Anti Trafficking Expert & TATA
Chairperson, TISS Mumbai, Mr. Rajneesh Kwattra, Under Secretary, Ministry
of Home Affair, Government of India, Mr. Alok Aggrawal, Honorable member
Secretary, National Legal Service Authority, Ms. Stuti Narain Kacker,
Honorable Chairperson, National Commission for Protection of Child Rights,
Govt. of India. The felicitation ceremony was followed by lighting of the lamp
by the dignitaries officiating the beginning of the 5th TIP Conclave.
REMEMBERING INDRANI SINHA, FOUNDER SANLAAP

Illuminating one objective “Speaking for the Unspoken” Late Indrani Sinha, is
one of the veteran activists in the field of Anti Human Trafficking. In order to
pay tribute to the benign personality, a two-minute film was screened to pay
homage to her exemplary contribution in the field. Ms. Indrani Sinha was one
of the founding members of SANLAAP, a voluntary organization working
against trafficking in persons especially on issues related to sexual abuse of
women or young girls or trafficking for the purpose of commercial sexual
exploitation.
 INAUGURAL OPENING REMARKS:

Panelists:

 Mr. Craig L Hall, Consul General, US Consulate General, Kolkata

 Mr. Rinchen Chopel, Director general, South Asia Initiative to End Violence
Against Children (SAIEVAC)
 Mr. P.M Nair, IPS, Anti Trafficking Expert & TATA Chair Professor, TISS Mumbai
 Mr. Rajneesh Kwatra, Under Secretary, Ministry of Home Affair, Government
of India
 Mr. Alok Agrawal, Honorable member Secretary, National Legal Service
Authority
 Ms. Stuti Narain Kacker, Honorable Chairperson, National Commission for
Protection of Child Rights, Govt. of India.

The conclave started with the first session with the Opening remarks from the
dignitaries:

Mr. Craig L Hall, Consul General, US Consulate General, Kolkata: In his

opening remarks the Consul General on behalf of the US Consulate, Kolkata
welcomed all the dignitaries and participants from across the country including
across the border from Nepal, Bhutan and Bangladesh. He postulated that part
of the quest of civil society organizations is supporting, caring and ensuring
protection to victims of trafficking. He referred to the speech of President
Barack Obama, India-US relationship "a defining partnership of the 21st
century.

According to the Consul General, India is the largest democratic country and
therefore it has taken up issues related to security, climate change, human
rights and the most recent and the most important being human trafficking or
modern day slavery to ensure the well-being of its citizens. He emphasized
that the US is dealing with the issue with renewed vigor realizing its global
effect. According to him, this form of heinous crime cannot be dealt with by
only one country but for this, the world needs to be united.

In a recent case of trafficking, the Consul General stated that the United
Nations created a UN Convention Against Transnational Organized Crime
which specifically addressed the issue of human trafficking in 2000. India
ratified the Convention in 2011 and since then we have been jointly working
to understand, develop and plan out ways and strategies to deal with the
problem of human trafficking and combat it.

The Consul General stated that such conclaves are platforms which bring
together various countries, governments, departments, agencies etc. to share
ideas, best practices, build relationships with one another to foster solidarity
and jointly work together to combat the heinous crime.

Siliguri was chosen as the venue due to its strategic geographical location,
sharing international borders, being the 2nd largest city of West Bengal which
makes it a source, transit and destination point of human trafficking.

The Consul General concluded by thanking everyone for their valued presence
and urged for sharing of knowledge and ideas on the grievous issue.

Mr. P.M Nair, IPS, Anti Trafficking Expert & TATA Chair Professor, TISS
Mumbai: Congratulating Shakti Vahini and US Consulate Kolkata, Mr. P.M.
Nair argued that Article 23 in the Constitution of India itself talks about
prohibition of trafficking of human beings and forced labor and therefore it
becomes the fundamental duty of all citizens to protect and prevent each other
from getting trafficked.

According to him, there was no attention on the issue of trafficking until the
NHRC report exposed fallacies related to it and the operation of the responsible
agencies such as Human Rights Commission, Police etc. The report led to
strengthening the roles of UNODC, NGOs, Police, Judiciary, allied services etc.
According to him, in 2007 the Andhra Pradesh Police for the first time launched
a special unit named Anti Human Trafficking Police to address the issue of
human trafficking. Drawing inspiration from the innovation of Andhra Police,
the Ministry of Home Affairs later constituted Anti Human Trafficking Units in
every state. According to him, there are 270 AHTUs throughout the country.
Police Training Programmes are also being conducted to train them on the
issue and as per data 64.4% Police personnel are being trained in the country.

According to him, such conclaves leaves a huge impact on strengthening

responses to combat trafficking in persons.

Mr. PM Nair shared information about a national level research being

conducted in Tata Institute of Social Sciences on the issue of Human
Trafficking. He therefore requested the interested persons to contact him.
During the opening remarks he also urged for the need of a legal mandate on
rehabilitation of victims. He also stressed on the need of involvement of youth
on the issue and leave space for them to learn on the issue. He informed about
the formation of Anti Human Trafficking clubs at various colleges so that it
would help the young students to take the initiative on working on the issue
at their level. According to him, we should try to change the institutions and
help them in performing efficiently. He ended his speech with the note that “If
my sister cannot be violated so I should also not violate others’ sister.”
Mr. Rinchen Chopel, Director general, South Asian Initiative to End
Violence Against Children (SAIEVAC): In his opening remarks, Mr.
Rinchen Chopel argued that it is an overwhelming experience for him to be
amongst the delegates with utmost experience in the field of human
trafficking. He thanked the organizers and also PLAN International for
establishing a relationship between the South Asian countries to work on the
issues related to child rights. He referred to a famous Bhutanese saying, “You
don’t teach Buddha about Buddhism” and appreciated the existence of such
platforms; As the theme says Working Together Against trafficking in persons,
it would encourage convergence between nations.

The speaker then went on to brief about the functioning of the South Asian
Initiative to End Violence Against Children. According to him, in 2001, based
on the recommendations of the Committee on the Rights of the Child, the
United Nations General Assembly called for a global study on violence against
children. A Regional Consultation was organized in May 2005 by the South
Asia Coordinating Group on Action against Violence Against Women
and Children (SACG) hosted by the Government of Pakistan in Islamabad.
The consultation brought together representatives from the South Asian
Association for Regional Cooperation (SAARC) Secretariat and delegations
from Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and
Sri Lanka. The Consultation reviewed the situation of violence against children
in the South Asia Region, including an analysis of the legal frameworks and
good practices and also a number of recommendations to address collectively
the priority issues throughout the region. These regional perspectives and
recommendations were also enriched by the participation and
recommendation of children and young people from the eight member states
and were further packaged as inputs into the “UN Study on Violence against
Children”. The most significant outcome of the Regional Consultation was the
formation of the “South Asia Forum for Ending Violence Against Children
(SAF)”, a regional mechanism initiated in 2005 with the vision of ending all
forms of violence against children in South Asia. During the 3rd Ministerial
Meeting in June 2010 on the recommendation of SACG and SAARC a new
Institutional Framework for Ending Violence Against Children was set up. The
Forum was transformed into a new institutional structure called ‘South Asia
Initiative for Ending Violence against Children’ (SAIEVAC) that would operate
at the regional and national level.

Mr. Rinchen Chopel argued that trafficking in persons is a global issue and
therefore collective energy is required to address it. He ended his speech by
expressing his interest to collaborate with Government of India and US
Consulate, Kolkata and create a network to work together against this most
heinous crime.
Rajneesh Kwatra, Under Secretary, Ministry of Home Affairs: Thanking
the organizers of the 5th TIP Conclave, the speaker in his opening remarks
expressed gratitude for being part of the Conclave and being able to share
some of the achievements of the Ministry of Home Affairs. The speaker argued
that 2016 being a watershed year, few things need to be looked at, which the
Ministry has come up with, to address the issue of human trafficking, namely:

1. Central Nodal Agency for Anti Human Trafficking:

A new legislation for Anti Human Trafficking will be introduced to combat

organized crime, exclusively human trafficking. A need was felt for a central
Nodal Agency for addressing the issue of Trafficking in Persons. Trafficking in
persons is such an organized crime which involves networking of large number
of people functioning at different places and working in an organized manner.
Thus, a Central Nodal Agency would help in facilitating convergence and co-
operation amongst all stakeholders at the national and state levels. It would
review actions at the state level, facilitate interstate and inter department
coordination through intelligence sharing etc. to combat human trafficking.

2. Raising awareness on the issue on a large scale through sharing of ideas.

3. Scale of the problem is so huge that the impact created is invisible.
making it difficult to the public domain and therefore requested media
 to build a partnership so through it the larger masses could be addressed
and made known of the initiatives taken up by the Government.
4. Sustained campaign through Operation Smile. According to him, around
4000 children were rescued in 2016 and around 28000 the last year.
According to him, they intend to acknowledge efforts of all active
participants. According to him, law enforcement agency must be active,
judiciary is the ultimate authority, and rehabilitation is the prime focus.
According to him, Victim Protection Protocol is under the process of
development. He also suggested to share notes with the US Consulate
so that more ideas and recommendations could be received to better
improve the Protocol.

The speaker ended his session pointing out the fact that although the problem
of trafficking in persons have led to public cynicism yet the Government has
been trying its best to respond effectively to it, with efforts aligned to order,
such as AHTUs. According to him, AHTUs are being established in almost all
the states of the country with a proposal for establishment of 300 more AHTUs
in all the Police districts throughout the country. He informed that the
Government is also coming up with various policies to address the issue.

Alok Agrawal, Honorable Member Secretary, National Legal Service

Authority: The speaker began his opening remarks stating that Human
Trafficking is a heinous crime and a growing menace in the country. There are
gaps in legislation, inadequate provisions for rescue and rehabilitation.
According to him, NALSA had framed a scheme for Victim of Trafficking and
Violence Against Women in 2015, providing lawyers for trial during recording
of statements.

Supreme Court ordered for providing compensation to victims of any criminal

act under a Victim Compensation Act. However, the provisions under the
Schemes at the State Level are different for example in Kerala the amount of
Compensation under various categories is above 1 lakh however the same
amount cannot be provided by the Ministry of Home Affairs as the fund for the
same is not that huge as compared to the state of Kerala. Thus, the scheme
itself varies in for different states. Thus, a uniform system is the need of the
hour. The Government should come up with a model scheme and this can be
achieved only through collaboration and cooperation with the civil society
organizations.

It is also necessary for the Government to come up with more ways to combat
the organized crime. Apart from Rescue and Rehabilitation, ‘Prevention’ is very
much needed to counter the problem. People in vulnerable areas should be
reached out and made aware of the problem of trafficking and how traffickers
target vulnerable people on the pretext of better life opportunities. People
should also be made aware of the ample amount of schemes and policies
formulated and introduced by the Government for the welfare of the people.

He ended his session arguing that it is very much needed that all the
stakeholders come together and jointly work to break the chain of the
organized form of crime.
Stuti Narayan Kacker, Honorable Chairperson, National Commission
for Protection of Child Rights, Govt. of India:

Thanking the organizers of the TIP Conclave, the speaker argued that she has
been motivated by civil society organizations and NGOs like Shakti Vahini and
many other for inspiring the Government to take up certain issues with utmost
concern and seriousness. According to her, The Department for Empowerment
for Disabled People could only be formed after the civil society organizations
brought forth the issue of disability and discrimination and the need for
Government’s attention on it.

According to her, the NGO spirit is mind-blowing as they acknowledge the pain
of the other people. However, to her, Human Trafficking is a different issue
and it is not enough for the NGOs only to take up the issue but the intervention
of each and every stakeholder is needed. In her words, “We should come
together to combat the crime.” She suggested that NGOs working in this field
should map out vulnerable areas and generate awareness among the people
on the alarming issue of human trafficking. NGOs working at the source and
destination areas should be linked with one another for speedy transmission
of information. According to her, there is life pre and post trafficking. So, we
have to come up with best ways to prevent trafficking from vulnerable areas
as well as rehabilitation policies for trafficked survivors so that they
empowered and provided with best care and protective plan to reintegrate
them within the society.

The speaker urged SAIEVAC to develop methods for best policies for Child
Welfare and also make NCPCR part of it. She ended her session arguing that,
the Conclave is meant to bring all stakeholders under one roof and come up
with new ideas, recommendations to combat the crime, to collaborate with
one another and help and support the common to cause to end human
trafficking

RECAPITULATION OF THE JHARKHAND TIP CONCLAVE:

After the end of the Opening Remarks session, a short film was screened to
recapitulate the Jharkhand TIP Conclave, 2015.

After the screening of the short film, Mr. Ravi Kant, President, Shakti Vahini
recounted the initiatives borne out after the TIP Conclave. He listed out the
following endeavors of the Jharkhand Government:

1. The Jharkhand Government has been drafting a Placement Agency Law

to regulate illegally functioning Placement Agencies.
2. Chapter on Anti-Human Trafficking has been introduced in school
curriculum by the State Education Minister.
3. Establishment of Inter-State Cooperation and Collaboration among
Government authorities and other stakeholders.
4. Various bodies were formed to address the issue of human trafficking,
most important one being the establishment of State Resource Centre.
5. The Government is keen on signing MOUs with different State
Governments and is exchanging talks with the Govt. of West Bengal and
Govt. of Uttar Pradesh.
SESSION I : RESPONSES TO HUMAN TRAFFICKING- IN SOURCE AREAS
AND DESTINATION

List of Panelists:

 Dr PM Nair, IPS Anti Trafficking Expert & TATA Chair Professor, TISS
Mumbai.
 Ms Ananya Bhattacharya, Director, Bangla Natak
 Mr Kamal Saksena, IPS, Secretary (Home) Uttar Pradesh
 Mr Anurag Gupta, ADGP, IPS, (Special Branch), Jharkhand Police
 Shri Sonam Tenzing Bhutia, IPS, SSP/CB-CID, Sikkim
 Mr Rajneesh Kwatra, Under Secretary, Ministry of Home Affairs

Moderator: Ms Ambika Pandit, Senior Journalist, Times of India, Delhi

Mr. Anurag Gupta, ADGP, IPS (Special Branch), Jharkhand Police: The
speaker pointed out certain measures taken up by the Government of
Jharkhand to combat human Trafficking from Jharkhand state as follows:

1. ‘Anti Human Trafficking’ included as a subject in the curriculum by the

Education Department, Govt. of Jharkhand. This initiative will be a
preventive measure by generating awareness among the school
students about the grave problem of human trafficking.
 2. During the TIP Conclave,
Jharkhand, the Hon’ble Chief
Minister during his speech
promised the finalization of the
regulatory Private Placement
Agency Act. The same is under
process and the drafting of the bill
is going on.
3. The Hon’ble Chief Minister is also
coming up with Money
Laundering Act to seize the
property and money made by the
traffickers as Trafficking in
persons is a huge money making
business illegally.

He argued that in 2009 when Anti

Human Trafficking Units were
established, he held one of the senior
most positions and started knowing
about the crime and how organized it
was. Some of the initiatives taken up by Jharkhand Police are:

1. Collection of all relevant Supreme Court and High Court orders, turn
them into Police orders and distribute them throughout the Police
Stations in Jharkhand.
2. Jharkhand Police has been organizing Police Trainings cum Sensitization
Programmes for the Police Department to sensitize them on the issue of
Human Trafficking.
3. Established Mahila Police Stations. The idea was to give importance to
the complainants, most importantly encouraging females to register
their complaints without any fear or terror.
4. Registration of FIRs at the source district itself including under the SC/St
Act where suitable for better implementation as well as strengthening
of cases.
5. Establishing linkages amongst departments; Most important being Dept.
Of Women and Child Development etc.
6. Police Department has also collaborated with various recognized NGOs
or civil society organization.
 He ended the session stating that the Jharkhand Police has been trying its
best to combat the crime which is so organized and therefore has been
collaborating with all its stakeholders to together fight the crime.

Ananya Bhattacharya, Director, Bangla Natak: The speaker started her

session with a brief introduction of the organization working at grass roots
using community based approach for development and skill empowerment.
Theatre is used to educate people on diverse social issues, mobilizing
community led action, life skill development and participatory research.

According to her, the organization has been conducting research within

various communities to understand the issue of human trafficking. According
to her, they mapped out various vulnerable areas especially bordering areas
to understand the pattern of trafficking in persons especially cross-border
trafficking. According to her, the research brought to light that cross-border
trafficking is taking place by a meager payment of Rs. 500 to the villagers
living at the bordering villages. She pointed out that Myanmar has also
emerged as a trafficking prone zone. Trafficking from Myanmar takes place
through Bangladesh and then to India and the entire process continues.

According to her no focus has been given to the issue of trafficking for the
purpose of surrogacy and organ trade and there is no system in place to
address the issue of push factors leading to human trafficking.
Thus, she remarked that vigilance mechanisms be upgraded and strengthened
to combat the crime. Adolescent groups who are mostly targeted should be
reached out and made aware of the problem that is taking place on a large
scale.

She urged SAIEVAC to address the issue and start bilateral talks between the
countries especially Bangladesh, Bhutan, Myanmar, Nepal and India and come
up with measures to tackle the problem. According to her, people need to be
empowered and skills should be developed in such a way that they do not
need to migrate to other places in search of sustenance and livelihood.
Moreover, partnership with NGOs, SSBs and all the stakeholders should be
strengthened to combat the crime.

Sonam Tenzing Bhutia, IPS, SSP/CB-CID, Sikkim: The speaker argued

that Sikkim has not witnessed cases of human trafficking at large. Although
cases of Missing Children are being reported but not in large numbers and not
resulting in trafficking. He argued that Sikkim Police has been promptly
attending all cases and trying to deal with each and every case with utmost
sensitivity and care. According to him, Operation Smile 2 was also successful
for Sikkim Police where 9 children were recovered.

According to him, in Sikkim, lack of opportunities has led to consensual

trafficking as families send their children willingly to other places to work and
earn livelihood and in most cases, wherever a child is found working they are
usually in good condition. Thus, this is a social problem and measures should
be developed within the state to stop migration of people which might later
lead to trafficking.

He urged NGOs to come forward and convergence to be established with State

police so that a strong partnership is built and the organized crime is
combatted.

Mr Kamal Saksena IPS, Secretary (Home) Uttar Pradesh: Mr Kamal

Saksena, IPS, Secretary (Home) Uttar Pradesh: The speaker stated that
there are various Challenges of the state for it being prone to trafficking such
as:

 Has a population of nearly 22 crores. Has perforated international border

of 619 kms with Nepal
 Has borders with –Uttrakhand, Delhi, Haryana, Rajasthan, Madhya
Pradesh, Chhatisgarh, Bihar
 It is assumed that only 30% of the total cases are reported, so the actual
number is pretty high.
  Till date no concrete study has been conducted so far to know the exact
number of trafficked kids/adults in India.

According to him there are the following mechanisms to combat human

trafficking in Uttar Pradesh:

 Has 35 Anti Human Trafficking Units (AHTU).

 Operation Smile – to make safe return of missing children.
 Anti-Human Trafficking and safety and protection of women and children
has been taken up the Hon’ble CM of UP as a priority area- 8 May, 2015
 UP has made Human Trafficking punishable under the Goonda Act and
Gangster Act of UP(presently waiting for Presidential assent)
 UP is among the front runners which has implemented Victim
compensation scheme for specific crimes including human trafficking
and the 6 sections of POCSO Act.
He explained in detail the initiatives taken up by the Uttar Pradesh
Government as per the Announcement made by the Hon’ble Chief Minister of
the State on Anti Human Trafficking Training on May 8th, 2015

 Free sensitisation training to police personnel down to Police Station

Level level, of Uttar Pradesh, by Shakti Vahini NGO.
 Video Conference by PS Home, SSB, Departmental Representatives,
NGOs, CHILDLINE with all seven bordering districts for Nepal Border
alert.
 Workshops decided to be held at district and zonal levels- including all
stakeholders- Police, Executive Magistrates, Probation Officers,
Childline, NGOs, Unicef, Prosecution officers, DGC Criminal, SSB, AHTU,
Shelter Home staff, Child Welfare Committee members, JJB members
road transport and railway representatives et al..
 Training material to be provided freely on relevant Acts, Rules,
Advisories
 Railway Police personnel to be trained as a major stakeholder
 Nepal bordering districts/zone to be first trained.
 State Advisory Committee and Taskforce for combating Human
Trafficking has been revitalized  State Advisory Committee on Anti
Human Trafficking : Decisions:-
 Approval of a State Task Force to implement the decisions of the
Committee
 Task Force to be headed by Secretary Home, with representatives from
WCD, Health/Medical, Law, Labour, Social Welfare, NGOs, Unicef, Child
line, Police, SSB
 Task Force to review implementation on the ground of Anti Human
Trafficking initiatives o Will meet once in 3 months or at shorter duration
as per need o Approval in principle, to extend cooperation and
coordination with neighbouring states like Chattisgarh, Jharkhand, West
Bengal, Delhi, Maharashtra by signing MoU on rescue and rehabilitation
of trafficked victims, after following due process
 Approval in principle to have a Placement Agency Regulation Act in the
model of Chattisgarh to tackle the menace of human trafficking.
 Approval in principle of having a Unorganised Migrant Workers
Registration and Welfare Act in the model of Jharkhand to tackle the
menace of human trafficking o Approval to empower the State Task
Force to coordinate with other state agencies for interstate rescue and
rehabilitation of victims of human trafficking-Jharakhand PS WCD has
specifically requested to circulate a contact list of a working group for
fast rescue and rehabilitation of trafficked children/women in UP,
originally from Jharkhand.
 Creation of State Task Force to ensure participation of members from
UP in relevant interstate meetings and provide all cooperation therein.
 Approximately 4000 key stakeholders including police personnel have
been trained.
According to him, Police officers are given multiple responsibilities in
combatting different forms of crimes. Therefore, it is very much needed that
they are trained and sensitized to work on issues of children and trafficking
being the important law enforcement agency. Operation smile is one such
initiative of the Uttar Pradesh police which was acknowledged throughout the
state and also the Ministry of Home Affairs which later adopted it and directed
all other State Police to follow the initiative.

Mr Rajneesh Kwatra, Under Secretary, Ministry of Home Affairs: The

speaker stated that there are various advisories being made to address the
issues of human trafficking and the same can be found on the website of
Ministry of Home Affairs. According to him, the focus should be primarily on
Prevention. Recalling his previous day experience at Panitanki, on the border
to Nepal, he appreciated the SSB force for their commendable work at the
borders.

He then pointed out the new legislation coming up to address the issue of
Human Trafficking. As per the law, a Nodal Agency would be set up to take up
case of human trafficking under which there would be various provisions to
address the problem. As per the law there would be a fast track court too, to
hear cases of human trafficking. Under the law a unified system of Victim
Compensation would be taken up. The law has also engaged all stakeholders
with specified roles for them.
Apart from the legislation, according to him the Nodal Officers, Anti Human
Trafficking Units are availing social media services like WhatsApp groups for
sharing of information to keep everyone updated of what is happening all
around. For him, technology should be used to its best. He also pointed out
that the Ministry is also planning to start a database system and one such
effort is Khoya Paya, a web portal which would allow parents to register details
of missing children and citizens to report sightings. According to him, the
portal is not only for law enforcement agency but also for common people.

Moreover, the legislation, according to him, will mandate Police to register FIR
at the place where the crime took place.

He ended his session assuring the fact that the Ministry is open to suggestions
that would help in addressing the issue at large.

Dr PM Nair, IPS Anti Trafficking Expert & TATA Chair Professor, TISS
Mumbai:

The speaker reiterated the importance of linking source and destination along
with, transit points as it is crucial to trafficking taking place. According to him,
a link between rescue to rehabilitation should also be made.
The speaker stressed on the fact that North Eastern States are prone to
trafficking and public awareness on the same is less. He therefore, urged for
generating awareness on the problem among the common people at large.

He suggested that filing of PILs is very important so is information via RTIs to

maintain a strong database. Moreover, for him more and more stakeholders
should be connected through WhatsApp groups to share ideas and remain
updated on various issues.

He also suggested that all the States should have a Plan of Action to combat
trafficking in persons. He said, “Convergence is very much needed and all
stakeholders should come forward and join hands to combat trafficking.”

He ended his session stating that it is very much needed that youths are
involved in the cause as their intervention would galvanize addressing the
issue. He proposed for Anti Human Trafficking Clubs at colleges, so that
through it the Mission of Anti Trafficking is spread through word of mouth.
This will help in channeling the energy among the youths towards a cause
which has grown as a menace in the society.

Questions Asked:

Question: Even though there are systems in place yet the crime is still
taking place. Why do you think that is? the reluctance of the problem
that comes between?

Answer: Mr. Anurag Gupta argued that the problem is huge, awareness and
sensitization among Police Officials is very much needed. It is not enough to
rescue children or victims of trafficking and sending them to protective homes
but the welfare of the victims should also be seen through, for which a
rehabilitation policy is needed. According to him the situation cannot be
controlled only through a stringent law, one needs to be very careful in using
law. He suggested that States should come up with some laws like the
Chhattisgarh Placement Agency Act and Tamil Nadu Act on Labor Welfare.

Question: What are the findings of Bangla Natak.com? Are the

dynamics of trafficking changing?

Answer: Trafficking for forced marriage could be seen. Cross border

trafficking from Nepal and Bangladesh is taking place to India from where the
girls and women are being further trafficked to countries like Africa, China,
Korea and Middle East Countries.
Question: How is the Government of Sikkim working on awareness
initiative?

Answer: The duty of the Police is to enforce law. As Sikkim Police have good
manpower to deal with the problem at the ground, they organize awareness
camps within communities and educate them on the problem and also about
various departments such as Social Justice, Labor Department, NGOs etc. to
reach out at the time of assistance. Thus, through such initiatives a cordial
relation between the community and Police is established.

Question: When will the new legislation for Anti Human Trafficking be
put into force? How would you look at space specific issues?

Answer: Agency for Anti Human Trafficking and the legislation will be passed
by mid-2016. Mr. Dharmesh Sharma argued that PILs have been helpful as it
had put forth issues before the Government and pushed it to act on the same.
The situation has improved and government is keen on working on it.
SESSION II: PARTNERING WITH JUDICIARY & STATUTORY

AGENCIES: Role of National Legal Services Authority & State Legal

Services Authority in providing Justice to Victims of Human
Trafficking & NALSA Report on Human Trafficking

List of Panelists:

 Mr Alok Aggarwal, Honorable Chairperson, National Legal Services

Authority, (NALSA)
 Mr Dharmesh Sharma, Member Secretary, Delhi State Legal Services
Authority
 Ms Swati Chauhan, Judge, Family Court Maharashtra
 Ms Kate Mogulescu, Supervising Attorney in the Legal Aid Society’s
Criminal Defense Practice, New York
 Ms Rekha Sharma, Member National Commission for Women

Moderator: Ms Neha Dixit, Sr Journalist

Rekha Sharma, Member, National Commission for Women: The

esteemed member from the NCW, inaugurated the session by reiterating the
positive measures undertaken by the government in providing a human rights
perspective in the treatment meted out to victims of human trafficking. In
early to late 2008-2009, the Ministry of Home Affairs (MHA), Ministry of
Women and Child Development (MWCD) and the National Commission for
Women (NCW), introduced a Draft Action Plan to this effect, which ensured
protection to such victims. It aimed at minimizing the adverse effects of the
current legal, political and social systems which hampered the rehabilitation
process. In a detailed fashion it laid down certain steps or agendas to achieve
the said goals. They were as follows:

a. Capacity based programmes. It would be an assimilation of skill

development workshops.
b. Inclusion and streamlining of Panchayati Raj institutions.
c. Identification of traffickers through database programming, information
broadcasting and sorted correspondence between stakeholders.
d. Special measures for identification of children at risk and to segregate
ones at the brink of vulnerability.
e. Rescue of victims of trafficking.
f. Focused intervention while rescuing child victims.
g. Prevention of cross border trafficking.
h. Better and more expansive exchange of information and data.

Additionally, these measures would in turn also help in solving several issues
surrounding rehabilitation, reintegration and repatriation of victims which
often runs into roadblocks at administrative and technical levels. These
measures were developed as primary concerns to guide future and subsequent
measures to be launched while dealing with aspects of trafficking. The NCW
had recommended the repeal of ITPA on ground of its limitations in being
unable to further the cause of the victims, and putting them at peril of re-
victimization, while allowing the transaction to flourish and the customers to
go scot free. This perspective has been echoed time and again and has rung
far and wide in the corridors of the judiciary, legislature and the executive.
Other aspects of the Action Plan included the following directives:

a. Focus should be on all aspects of trafficking

b. Deterrents should be put in place for traffickers. This is in line with our
legal philosophy which prefers reformative and preventive measures
rather than retributive or punitive ones.
c. Trafficking shouldbe understood as a whole
d. The definition of trafficking should be expanded and explored further.
e. The word ‘immoral’ should be scrapped from the definitions and
statutory provisions since all trafficking is ‘illegal’ and hence punishable
under the law. The norms of the society do not take precedence here.
f. Enhanced penalty for trafficking of children.
g. The ITPA does not define ‘prostitution’ and ‘brothel’, leaving a grey area
open to interpretation. There needs to be judicial intervention in this
regard to clarify the legal position and set a standard to be followed
without bias or confusion.

Lastly, the NCW member detailed the SABLA scheme of the government. It
was introduced with the objective to improve the nutritional and health status
of adolescent girls in the age group of 11-18 years and empower them by
providing education in life-skills, health and nutrition. The Government of
India introduced the Rajiv Gandhi Scheme for Empowerment of Adolescent
Girls - SABLA in November, 2010. The Scheme also aims at equipping girls
with information on family welfare, health and hygiene, existing public
services, etc., and to draw out-of-school girls into the formal or non-formal
education systems. The focus of the Scheme is primarily on out-of-school girls.
An integrated package of services ― comprising nutrition and non-nutrition
components ― are provided to adolescent girls, the ‘Nutrition Component’
targeting out-of-school girls between 11 and 14 and all girls in the 14-18 age-
group.
The services under this Scheme are available anganwadi centers.

Alok Aggarwal, Honorable Chiarperson, NALSA: The speaker stated that

the National Legal Services Authority has been at the helm of several judicial
advancements in the field of human rights and benefits for victims of grave
violations. The defining moment however, came with the judgment passed in
Prajwala v Union of India which triggered the source for reforms and steps
necessarily to be taken in ensuring complete rehabilitation of the victims. The
report was submitted by a Committee constituting eminent judges from the
Supreme Court of India, members from several government/non-government
bodies consisting suggestions derived from deliberations of Sub-Committees
which subsequently produced reports on the following:

a) Concepts and Definitions

b) Identification of strengths and gaps in legislation, schemes, practices,
processes and existing protocols, including in judgments;
c) Preparation of comprehensive protocols on prevention, pre-rescue,
rescue, post-rescue, and rehabilitation.

The report was a detailed analysis into all the shortcomings, problems and
issues plaguing the process of re-defining the problem of sexual exploitation,
transcendence of overt trafficking to other emerging forms, linkages between
the several forms of human exploitation and how to address it. It included
facts such as the lack of preventive measures, absence of viable rehabilitation
measures and schemes to ensure that benefit is achieved in the form it is
designed, lacunae in legislations and its execution. There also lies the problem
of inefficiency in evidence and data collection which is always insufficient when
the case is brought to court and trial proceedings commence. Not only that,
there also lies no standard format or Standard Operating Protocol/Procedures
in conducting raid and rescue missions which results in loss to the victims and
the state by extension. These lacunae have persisted over time due to
insufficient focus on rising problems that have become aggravated owing to
fluctuating socio economic concerns. The report mentioned several areas and
aspects where the crime of human trafficking has not received due attention
especially because of the complicated nature of the acts encompassing the
crime. This however, has only become a worrying cause for concern for the
victims who have to resort to an insufficient system while seeking justice and
redress for the damages suffered by them. The existing government schemes
regarding poverty alleviation, protection of children, women empowerment
should be channelized to enable inter-state co-ordination and inter
departmental collaboration. The raid and rescue operations must not be
conducted in an ad-hoc manner, without planning since eventually it results
into victim penalizing. Most of the operations do not differentiate in brothel-
based, street-based prostitution and child victims of sexual exploitation,
making the rescue operation a traumatic experience re-enforcing the
antagonism towards law enforcement agencies. The report made suggestions
to have national, state and district agencies tasked with the responsibility to
oversee prevention of trafficking by constituting separate teams with
stakeholders having fixed responsibilities and accountability in performing
their functions. This was a mandate of the Nodal Agency at the center which
would be the decision making body. The Committee set out a list of illustrative
functions for every District to tackle the problem specific to their areas. The
Report discussed all the shortcomings in terms of police activism, legal
procedures, judicial averments as well as steps taken at the pre, during and
post rescue phase. The report essentially comprised of directions that would
act as guidelines in proving effective while dealing with cases and issues
surrounding human trafficking. It also sought to broaden and enhance the role
of legal services authorities:

a. Awareness in the community through panel lawyers and PLVs in

vulnerable areas
b. Appointment of dedicated paralegal volunteers to assist survivors as
counsels
 c. DLSAs as converging nodes to ensure accrual of schemes by the
intended beneficiaries
d. Steps must be taken to sensitize the corporate world in the field of
human trafficking and garner assistance under the head of CSR, while
the SLSAs assist in training of stakeholders by collaborating with local
educational institutions, civil society organisations and NGOs working
in the field.

Legal Services Authorities apart from providing assistance during the trial
stages can also act as social auditors of existing facilities available for
rehabilitation of rescued victims of sexual exploitation and trafficking.

He drew attention to the efforts being put on all fronts to understand human
trafficking and its myriad nature. He spoke of MHA representative, Mr.
Rajneesh Kwatra, who has been propagating while pushing for new
legislations to overcome procedural shortcomings. Cases of HT require
focused and planned intervention so that victim-centric measures are
employed at the earliest without fail. The limitations of our current methods
are many but that in itself is the greatest source of knowledge required to fully
capture the depth of the problem and devise functional methods for thousands
of victims countrywide. Today efforts are on to highlight the problem in
mainstream media, and bring it to the country’s imagination. Corporate Social
Responsibility (CSR) is a novel, interesting way to tackle the problem as big
corporate houses need perspective in contributing to the society. Finances
being a major hurdle can be acquired to assist in the rehabilitation of victims
to reintegrate them into the society through economic empowerment, skill-
based and vocational training. Apart from the government programmes or
schemes, survivors can be trained in unconventional arts contributing to their
holistic abilities in sustaining livelihoods.

Dharmesh Sharma, Member Secretary, Delhi State Legal Services

Authority: The speaker started his speech by providing a brief introduction
to the compensation scheme now available to the victims, made possible
through government reforms and judicial awakening. The field of criminal law
is always fraught with troubles regarding due execution of procedure, which
is mostly due to lack of compliance, understanding and awareness. Witnesses
turning hostile in court are not unheard of and in most cases with shades of
organized crime the prosecution faces trouble in ensuring attendance due to
several reasons. These are mostly safety, additional costs and burdens of
travel, lodging, food, medical and other expenses which play a vital role in
discouraging the victims to participate in the legal process. Time-bound
compensation has thus becomes a defining feature of compensation schemes
available at various stages of prosecution. The State Assembly passed the
Delhi (Right of citizen to Time Bound Delivery of Services) Amendment Bill,
according to which it is the duty of the concerned competent officer to ensure
that compensation is paid to the applicant within days as prescribed under the
rules. He opened a discussion on the issue that most judges are unaware
and/or not exposed to the specific problems faced by women and children.
This often leads to a lapse since a deposing victim requires support and
strength which reinforces their faith in the system allowing them to be
complete with their story in court sans fear or hesitation. This calls for a
sensitized approach on part of judges’ who treat every case on its merit devoid
of prejudices or bias. The judges in courts are burdened with a rising pile of
cases making it difficult to give proper attention to each case with a specific
frame of mind. Their training is non-specific, designed to deal with criminal
cases in the same manner. This proves to be a bitter, often unpleasant and
sometimes traumatizing experience for the victims for whom our criminal law
system has remained silent, since ours is a punitive and retributive system
which focuses on the crime and punishment carried by it.

Some of the core areas which can and have improved in recent times are the
provision of free and efficient legal services to victims of crime. Legal services
have now become more accessible to people who cannot afford private
lawyers or undertake the whole task of going through the legal process by
themselves. The DLSA has actively provided such specialized assistance.
Regular training and orientation sessions/workshops are organized by the
DLSA for the lawyers. The objective is to break ground and establish improved
understanding of latent and visible issues, in the fraternity while promoting
exchange of information. These interactions have allowed experience and
motivation to grow. As part of the training programme DLSA’s mandate
includes regular visits to Shelter Homes for Women and Children, Observation
Homes, Supervision Centres and After-care Homes wherein more needy
people can/are recognized who should be provided legal services and justice
can be meted out to them through the processes of the court. A team of four
lawyers is always assigned to every CWC or JJB in any district from where
cases can be referred and brought to their notice. These visits are designed
to apprise the DLSA of any on-going or pending cases with the
victims/witnesses as party. Gradually the DLSA has expanded and aligned its
focus to raise and address the issue of human trafficking, while establishing
firm relations with several NGOs such as Bachpan Bachao Andolan to respond
in time to the legal issues arising out of such concerns. DLSA also has close
and regular collaborations with Childline services.

While talking about the compensation schemes in place in the country today
he outlined and made suggestions on a few topics:

a) The pecuniary limits of each state are different hence it is unwise to

compare. Every state devises its own scheme and amounts are allotted
as per the gravity of the offence, injury or harm suffered, the
seriousness of any criminal activity in a state owing to its socio-
economic, political and geographical makeup. State governments have
to work under the budget allocated to them.
b) In Delhi, the High Court passed an order wherein the DLSA has been
handed over the charge of compensation fund in the Delhi-NCR region.
This has reduced the burden and pressure on the court, through
effective delegation of responsibility. The DLSA has maintained and
made efforts to send compensation amount to the victim within 24 hours
of passing of the award by Court.
c) It also provides all financial help sought and needed by the victims in
the pre, during and post-trial phase.
d) The Fund has been designed to take care of all necessary expenses of
the victim seeking judicial redress.
e) There should be an effective Victim Protection Scheme in place which
shall encompass blanket provisions to ensure a new, improved life for
 the survivors/victims, away from the past. Victims are vulnerable and
can fall prey to threats, fraud, deception or coercion at the hands of the
offenders. This can be avoided by making them untraceable so that no
communication or interaction can occur between them. Issuing of new
or private unlisted numbers, passports, security detail (if required) etc.
at least until the victim is safely away from the clutches and influence
of perpetrators. Such an illustrative list can be used to build an actual
scheme.

Through continued efforts and judgments in landmark cases to prevent further

victimization of victims, there now exists a Vulnerable Witnesses Room in
courts, which are always put to use during sensitive matters. Special
provisions for women and children during in-camera proceedings such as
support systems, humane approach, availability of time to depose without fear
have greatly helped in building the case of the prosecution side.

In his concluding remarks he encouraged that the DLSA be approached

whenever required for legal services. The members of DLSA are sensitized and
adopt a sympathetic approach while dealing with cases under HT or any
violation of human rights.

Case study query: A Dalit woman was trafficked and raped, and while the
investigation was underway she withdrew her complaint and retracted her
statement. Can she be charged for perjury?
Response: No, she will not.
Swati Chauhan, Judge, Family Court, Maharashtra: The family court
judge initiated her speech by exploring the ITPA. From 2008 to 2011, all cases
under the ITPA were brought to and dealt by the family court since no special
judge or court was assigned to it. She oversaw and passed judgement in
several cases and gave detailed reasons for her opinions on the validity and
effectiveness of the only statute that deals with prostitution and connected
offences such as running a brothel, public solicitation etc. For any law to take
maximum effect and realize its full potential, the governing body, i.e. the
judiciary must use its expertise to explore all facets of the law, from every
perspective to combine its most viable aspects to interpret it in line with the
socio-economic circumstances surrounding it. The benefit must always be
given to victims of heinous crimes and the letter of the law be expanded to
derive its true intention. The judges should be proactive in their approach
without limiting themselves to take stoic or hardened views on a matter
related to law. They should exercise caution while doing so but at the same
time must take the initiative to read between the lines and deliver to the best
of their knowledge and expertise. There should be sufficient and complete
utilization of all labelled and unlabelled provisions that provide more room to
explore the statute from the perspective of victim of the crime and not just
the nature of crime against the society. Sharing her experience, she reiterated
that despite the flack that ITPA has received, she has found no lapse in the
law for want of clarity or broader definition. All that is needed is at the disposal
of the court and the mind of the judge who can rule as per the requirement of
justice, and nothing else.

One of the major hurdles encircling judicial reforms has been the independent
nature of judiciary which has maintained its identity and steered clear of
external influences. This nature while not entirely to be understood in terms
of isolation from other stakeholders, is very strongly imbibed, serves well but
at times also refuses to entertain participation of other parties for fear of
imbalance and dilution in unbiased judgment. The ITPA has been clear in its
words and seeks involvement of NGOs and civil societies to stand as pillars of
support and informal representatives of the victims who have suffered
detachment from families and society and need a helping hand to inspire
strength in themselves. However, due to the age-old, historical practice of
absolute independence, there delegation of authority to NGOs and the like has
been difficult and often times not forthcoming. It is time to recognize the
contribution of such bodies who have worked relentlessly and through their
efforts a system now exists that focuses on the victim more than on the crime.

Section 17 of the ITPA has laid down provisions for the rehabilitation of
victims, according to which, a 5-member committee must be formed, with
mandatory involvement of the victim to devise a rehabilitation plan for the
victim(s). This section does not directly state as such but a thorough and
dedicated interpretation can reveal that such steps can be taken to utilize it
in creating a succinct plan for the victim’s betterment. Until 2008, no
committee had been formed under the section, so no efforts were made to
use the expertise of all members qualified to be part of the team in advancing
benefits required by the victim. In charting out individual care plans (ICPs)
the antecedents of the victims and offenders as well as all data pertaining to
the grave circumstances must be taken into account. It is crucial to decide the
best course of action in the future life of the victim. The Advisory Body that
oversees such processes also requires participation of the Police which have
the resources and manpower to investigate cases. Police should collaborate
with the AB, develop a partnership and create a safety net to protect the victim
from the past while helping them build newer, safer, healthier lives. She
reiterated the fact, that such an exercise has been undertaken by her with
successful results.

Kate Mogulescu, Supervising Attorney in the Legal Aid Society’s

Criminal Defence Practice, New York: The visiting attorney gave profound
insights into the differences and similarities between the legal provisions in
America, the world and India. The United States’ has very recently developed
and regulated laws on human trafficking, and this recognition in the eyes of
law had been long overdue. The issues surrounding human trafficking
fluctuated anywhere between illegal migration, smuggling in humans, cross
border kidnapping etc. As a result, laws were developed as knee-jerk reactions
to every new hurdle that confronted the society. While this helped in stemming
the problem to some extent, it ultimately led to an overload or over drafting
of laws which were variations of the same issue but failed in their execution
due to scattered understanding. There was lack of focus. All the laws
individually and in their entirety eventually only came to address the crime,
and the prosecution angle by installing stringent penal measures while
ignoring the equally important, if not more, aspects of prevention and
protection. The overgrowth of laws was overshadowing and in the process
ignoring the simple fact that more laws cannot solve problems if the existing
provisions are not applied to their fullest. The laws proved to be ineffective as
data suggested that while crimes were on rise, conviction rates remained low
and fell in consecutive years. Cases were not being brought to court, and a
gap continued to develop which indicated a lapse in effective implementation
of the laws that still carried the potential to tackle the chaotic nature of this
organized crime. The responsibility lay entirely on the law enforcement
agencies, while no system of victim assistance was in place. The different laws
the separately were used to try such cases were:
a. Criminal Law
b. Homing law
c. Real Estate Laws
d. Immigration laws
e. Finance or tax or accounting laws, etc. among others.

The crime was divided into gender based violence and sex trafficking for
prostitution. Human trafficking was lacking in its definition and there was no
connection between the two. One of the major challenges thus had been to
connect the pieces and assimilate all the categories of crime that feel under
the ambit of human trafficking. The law was finally passed in 2001 based on
the definition of the United Nations. Another problem that arose was the lack
of adequate and affordable legal services for victims. Most of them were facing
marginalization and stigma due to incarceration, sometimes wrong and
disproportionate to the crime. Criminal records deprived them of the services
and benefits available to general public, leading to further victimization. Most
victims of trafficking were devoid of papers, alien to languages as well thrust
into cultural clashes. NGOs and civil societies provided support and conducted
studies to recognize the problem, thereby creating a database through
information collected over the years. This enabled statistical recognition and
the numbers helped define the problem in scientific terms. Other aspects that
were covered were increased NGO participation and assistance as well as
utilization of private legal services. Protection policies were suggested and put
in place for unaccompanied children. This also recognized the grave injustice
being meted out to victims who were facing incarceration due to trafficking.

Questions Asked:

Question: How effective is the Family Court in dealing with cases under ITPA?
Answer by Swati Chauhan: The FC only takes up cases of sex trafficking
and not the whole ambit of prostitution. A Special Court is a more viable
solution since it will bring uniformity in the matters falling under the statute.
Unlike the regular criminal courts which handle all such matters, a designated
forum will help establish transparency, in recognizing habitual offenders since
trafficking rings operate in a close-knit fashion as well as counter the problem
of traffickers doubling up as sureties for fellow offenders, who often exchange
roles in that capacity thereby allowing the crime to continue, while sullying
the honour, time and process of the court. Defining principles in the judgment
of Prerana v State of Maharashtra, clearly directed that same counsel
cannot appear for both parties, i.e. victim and offender, for the obvious conflict
of interest. It directly violates the right of the parties to have objective
representation. There was also no need for an advocate to be present on
behalf of the accused who had been granted bail, by the same counsel. As a
Special Court judge, it would be easier to identify these repetitions and
infarctions, and discourage the same counsel to appear from both sides.

Question: How can we criminalize the purchase of sex and why hasn’t it been
done yet? Can it not be advertised to deter people, as is done with
consumption of drugs and warnings on cigarette packets?

Answer by Swati Chauhan and Kate Mogulescu: It must be understood

that prostitution is not illegal or solicitation of self does not attract penalty of
law. Commercialization of the sexual activity which leads to sale and purchase
of sex as an activity in an organized format involving middlemen, dealers,
buyers/customers and sellers separate from service providers is the criminal
activity. That is considered immoral. Under section, forced prostitution has
been made illegal. The fine print has tried to clarify this position, but the
responsibility of accurate interpretation lies on the judiciary. Section 7 of the
ITPA deals with this aspect.

It is not as simple as supply and demand. Discouraging people to buy sex

implies its legal availability or sanction. The report of the Amnesty
International is an interesting and insightful read into the commercialization
of sex and how it affects the framing of laws. There are gender based issues
aggravating the problem, such as marginalization, inequality, lack of
opportunities and lack of financial independence. Economic empowerment in
every society has been the benchmark of success, since it enables not one but
the whole family and a woman is able to evolve further in her roles as a home
maker and a provider, bringing distribution of power, and division of labour.
Over criminalization of anything runs the risk of being restrictive and
ultimately redundant.

Question: What is the registration rate of offenders?

Answer by Kate Mogulescu: The US has developed a federal and state
registered database of offenders, in different crimes, felonies and
misdemeanors. A separate registry exists for child sex offenders/pedophiles
while is regularly updated.
The status, movement and position of an offender on probation are always
scrutinized and relevant information is mentioned on the passports as well.
Question: What is the status of the Bill regarding Placement Agencies, which
is pending in the Parliament?
Answer by Alok Aggarwal: Chhattisgarh has already passed the legislation
regarding mandatory registration of placement agencies, so that the State has
compulsory update on their operations. The Delhi High Court passed the
Executive Order making registration of placement agencies a compulsory
affair. The central Bill is underway and inter-ministerial committee in place
has given its final touches to the legislation which should be in the house soon.

Recommendations:

While there is convergence of migration and trafficking issues, there exists a

clear divergence in the nuanced technical interpretations between these two
terms. Trafficking is coercive, forced, crime- oriented, exploitative and
very often without consent, whereas migration and free movement of an
individual is rights -based and choice of every citizen.

The Panel recommended the following actionable areas:

1. There is a need to have age and gender specific disaggregated data

of unsafe migration and trafficking victims for effective programme
planning, area specific interventions and impact assessment.

2. Review of safe migration, anti-trafficking and Child Protection

laws (ITPA, Juvenile Justice Act, 2015 and Inter-State Migration Act,
1929) for synchronization and coherent application. These set of
existing laws provide good opportunities to address the interlinked
issues, both from prevention and response approach. The law
enforcement agencies and concerned stakeholders operate in silos.

3. The innovative application of laws by enforcement agencies and

judiciary with NGOs partnerships for safe migration and support to
vulnerable or victims (especially children and women) – need to bring a
unified, actionable and convergent framework by putting together Anti-
Human Trafficking Units, Special Juvenile Police Units and CHILDLINE
service. This has been piloted at Diamond Harbour Police Station in
South 24 Parganas district by Child in Need Institute since the district is
known to be highly vulnerable and a source area, proven to be a success
for its efficient and coherent actions within the law enforcement
agencies. This could be developed into a Child and Women Friendly
Police system. The WCD Ministry and West Bengal Home
 Department have taken the initiative to roll out Child Friendly
Police Corners. Build such linkages with the Child Protection
Committees under ICPS of the WCD Ministry for community level
interventions for prevention and tracking of rehabilitation work.

4. Pre-departure instruments for safe migration could further be linked

to source area interventions by pro-active engagements of local self-
governance agencies.

5. Make available resources and support services of education of

children victims in languages / mother tongue of source areas at
destination points under Sarva Shiksan Abhiyan(SSA).

6. Establish linkages with the legal aid clinics and Para-Legal

Volunteers (PLVs) of the National Legal Services Authority (NLSA), SLSA
and DLSA in aid of vulnerable and those victims of unsafe migration and
trafficking under its scheme of anti-trafficking and juvenile justice
programme, 2015.

7. A model of Migration Resource Centre and Technology integration could

be established for prevention and safety at the district, block and local
governance level. Technology integration (for example the success of
GPower project in West Bengal by CINI) could be replicated.

The issues of trafficking and unsafe migration are multi-dimensional in nature.

There is a clear call for convergent action at both Union Ministry (MHA, WCD,
Labor), State agencies and NGOs. A systematic, synergetic and well –
organized action at pre-and post -departure stage with access to
information for safe migration could prevent the risk of trafficking and
avoid violence against children and women that we all are striving for.
SESSION III: RESPONDING TO THE NEPAL EARTHQUAKE & CROSS
BORDER ISSUES

List of Panelists:

 Ms Ministhy S, Spl.Secretary, Uttar Pradesh Home

 Mr Sabin Gurung, Maiti Nepal
 Mr Assadur Rehman, UNICEF, CFO West Bengal
 Mr Sonam Penjor, National Commission for Women and Children, Govt
of Bhutan
 Ms Swasti Rana, Project Officer, Anti Human Trafficking UNODC
 Mohammed Asif, Director, Programme Implementation, PLAN India

Moderator- Mr Gaurav Bansal, Political and Economic Officer, U.S. Consulate

General Kolkata

Moderating the Session, Mr. Gaurav Bansal put forth few questions for the
panellists as follows:

Question: How bad is the problem? What is being done and what could
be done?

Ms. Ministhy S. Nair, Special Secretary, Home Department, Govt. of

Uttar Pradesh responding to the question argued that the Uttar Pradesh
Government has taken up the issue of human trafficking very seriously. She
argued that in the aftermath of the Nepal Earthquake the Government of Uttar
Pradesh issued notice throughout the state specially the bordering districts to
Nepal to be alert of cross border trafficking and also directed for strong
surveillance at the borders.

Furthermore, she added that nothing stopped the Uttar Pradesh Government
from holding meetings and issuing government notifications with directions
for District Magistrate and Police Officials and SSBs for special and strong
surveillance at the borders after the earthquake. Moreover, the Department
under the guidance of the Hon’ble Chief Minister took up the issue of human
trafficking on a serious note and therefore proposed for massive sensitization
programmes for the Police Department, District Administration, the Sashatra
Seema Bal and other stakeholders part of the Anti-Trafficking Initiative.

Thus, for the speaker, after various meetings and discussions, the Home
Department decided to organize Sensitization programmes throughout the
districts that border Nepal. Thus, in the way to the initiative, a Video
Conferencing was organized in Lucknow Uttar Pradesh, where all the officials
from District Administration, Police Department, SSBs, CHILDLINE, NGOs of 7
bordering districts participated where the issue of human trafficking was
shared. After the programme, Various Zonal level and Range level Police
Sensitization programmes followed by District level training programmes in
Uttar Pradesh State was organized. The initiative helped in training more than
three thousand Police officers on the issue of human trafficking and child
protection system.

According to her, Shakti Vahini partnered with the UP Government organizing

massive sensitization programmes throughout the State involving Police
Department and various stakeholders such as CWC, District Administration,
AHTUs, CHILDLINE, NGOS, SSBs, special commanders etc. The training and
sensitization programme helped in reaching out to all the authorities and
initiating a strong partnership between the stakeholders.

She ended her session stating that the UP Government’s quick response to
the Nepal tragedy alerting all the bordering district officials have led to a
massing intervention to combat cross border trafficking as well as the massive
sensitization programmes throughout the state wherein more than 3000 Police
officers were trained on the issue of human trafficking and various laws related
to crime against children and women.

Sabin Gurung, Maiti Nepal sharing his personal experience on the day of
Nepal Earthquake tragedy, he stated that the tragedy was beyond
imagination. He stated that the prompt response of the Government of Nepal
in prevention and protection of the people from the natural calamity. He said
that there were various helping hands to help the victims of the disaster,
various relief measures were adopted and relief were distributed in the
affected areas. However, to the speaker for 3 days after the earthquake
various reliefs were accepted in the zones but after that relief materials could
be distributed only through permission from Government.

According to the speaker, in the aftermath of the tragedy, the Nepal

Government issued different identity cards to the affected people and also
ensured that women and children could not migrate without the order from
Village Development Officer.

As part of the initiative and to protect the people especially women and
children trafficked, various awareness programmes were organized at various
camps in Nepal. They were told about various trafficking strategies of the
traffickers in taking victims to various monasteries in India and even to Middle
East countries like Africa, Tazakistan etc.

Mr. Assadur Rahman, UNICEF, CFO, West Bengal during his session he
briefed about the work of UNICEF. He argued that the UN agency has been
working with various State Resource Centres globally. According to him,
UNICEF has its Regional Office in Nepal and its Country Officers being placed
at Nepal, Bhutan and Bangladesh.

According to him, in the aftermath of the Earthquake , the UNICEF organized

a meeting immediately at its regional Office to discuss the issue and to prevent
trafficking in persons to take place from the affected areas of the Earthquake.

As Nepal is an open border to India, the SSBs were made alert on the issue
and strong surveillance at the borders was ensured. According to the speaker,
the agency has proposed for an Inter Country Plan on Combating Trafficking
in persons and closely working with Nepal. The speaker urged that it is very
much needed for Government of India to address the issue and come up with
mechanisms to tackle the problem of trafficking which is increasing day by
day.

Sonam Penjor, National Commission for Women and Children, Govt.

of Bhutan argued that women and children are the most vulnerable section
the society who are prone to any kind of exploitation specially trafficking in
aftermath of any disaster either be conflict, earthquake, flood etc. The Bhutan
Government, immediately extended its assistance to the Nepal Government
in helping people come out of the tragic incident. Since then, the Government
of Bhutan have come up with few initiatives to prevent such disasters such as
strengthening efforts to reduce vulnerability of women and children, closely
working to review Disaster management mechanisms. The speaker added
that our preparedness for disaster is necessary. A Responsive Measure to
combat Disasters is required.

He concluded stating that presence of Bhutanese people during the disaster

who came for their pilgrimage was a firsthand experience and learning for the
Government to come up with preventive mechanisms.

Swasti Rana, Project Officer, Anti Human Trafficking, UNODC argued

that the UNODC in 2014 came up with a research on full-fledged project on
Prevention leading to Review of legal Framework and coming up with SOPs.

In response to the critical challenges in the region, UNODC launched two anti-
human trafficking initiatives with a regional focus. The first initiative
titled: Strengthening service provisions for protection and assistance
to victims of cross-border trafficking between Bangladesh, India and
Nepal aims at strengthening collaboration between the three countries, to
develop suitable institutional frameworks such as a Regional Referral
Mechanism and a SOP for repatriation of trafficking survivors. The second
initiative titled: Preventing Trafficking of women and girls in South Asia
forms part of a larger ILO programme titled Work in Freedom. The Work in
Freedom project looks at the empowerment of migrant workers and girls,
adoption of ethical practices by recruitment agencies, improved workplace
practices and support services to protect women workers and girls.

She stated that the agency has taken he following steps to combat the
problem-

1) Mapping the vulnerable areas and coming up with Preventive Measures.

2) Regional Profiling with Vulnerability Assessment.
3) Developing referral mechanisms of the three Governments.
4) Operationalize the mechanisms
5) Guidelines for Repatriation

QUESTIONS ASKED:

Question: Trafficking for surrogacy has become a new trend for

trafficking where women are trafficked as surrogate mothers and are
not being paid later. What can be done about such issues?

Answer: Addressing the question, one of the speakers stated that the
problem is being addressed and various awareness generation programs are
being carried out in the vulnerable areas.

Question: Do you have any data on the initiatives taken up by the Uttar
Pradesh Government?

Answer: Yes, the Government has uploaded all the details in UPSCRB website
and the Government is also coming up with an exclusive website which would
include every information on the state and would be user friendly.
SESSION IV: LINKING SOURCE AND DESTINATION- OPPURTUNITIES
FOR PARTNERSHIPS FOR VICTIM SUPPORT WORKING TOGETHER TO
COMBAT HUMAN TRAFFICKING

List of Panelist:

 Ms.Rosini Sen, IAS, Secretary, Department of Women and Child & Socil
Welfare, Govt. of West Bengal
 Ms. Swati Maliwal, Chairperson, Delhi Commission for Women, Govt. of
Delhi & NCT

Ms. Roshni Sen, Secretary, Department of Social Welfare, Women and

Child Development, Government of West Bengal cited the problem of
Human Trafficking to be a very complicated socio-economic malaise which
needed to be tackled at the origin. She drew a comparison between human
trafficking and the evil practice of child marriage and substantiated that the
parameters of child marriage were identical to the parameters used to
establish a case of human trafficking, namely:

Movement: There was a movement of the girl from her natal home to her
home post marriage
Force: Child Marriages often involved marriages being forced upon the
children against their wish.
Control and Exploitation: The marriages curtailed the freedom of girls,
subjecting them to some sort of exploitation such as domestic servitude,
sexual abuse etc.

Using this as a premise for her speech, Ms. Roshni Sen made a presentation
on the various aspects of Kanyashree Prakalpa, a scheme initiated by the WCD
Department, Government of West Bengal, which could serve as one of the key
tools in addressing the problem of Human Trafficking.
An overview of the scheme is as under:

KANYASHREE PRAKALPA

a. Design of the Scheme

Cash Transfer 1: INR 750 to unmarried girls between 13-18 years enrolled in
grades VIII to XII

Cash Transfer 2: One time grant of INR 25000 to unmarried girls aged 18
years pursuing education, vocational training, technical education, Sports
Training.

The scheme is implemented through a Conditional Cash Transfer Model

which is believed to be a type of social engineering that starts off as a
monetary benefit but gradually changes the mind-set of the people. The
objectives of the scheme are:

 Incentivizing girls to continue education for a longer period of time,

and complete secondary or higher secondary education, or equivalent
in technical or vocational steams, thereby giving them a better footing
in both the economic and social spheres.
 Dis incentivising marriage till at least the age of 18, the legal age of
marriage, thereby reducing the risks of early pregnancies, associated
risks of maternal and child mortality, and other debilitating health
conditions, including those of malnutrition.
 It should be a means of financial inclusion and a tool of empowerment
for adolescent girls. The scheme's benefits are therefore paid directly
to bank accounts in the girls' names, leaving the decision of utilization
of the money in their hands.
  To reinforce the positive impact of increased education and delayed
marriages, the scheme also works to enhance the social power and
self-esteem of girls through a targeted behaviour change
communication strategy. The communication strategy not only builds
awareness of the scheme, but includes adolescent-friendly
approaches like events, competitions and Kanyashree clubs, and the
endorsement of strong women figures as role models to promote
social and psychological empowerment.

b. E- Governance

Kanyashree Prakalpa’s implementation is a model of good governance:

its convergent implementation & monitoring mechanisms and end-to-
end IT enablement promote efficiency, transparency and accountability,
and the Scheme is replicable in its entirety.

c. Assessment

The scheme aims at assessing its performance from time to time. Before
the scheme's implementation, a baseline study was conducted across
West Bengal, with Education and Child Marriage as the two outcome
indicators. As per a recent assessment that was conducted with respect
to the scheme, positive results were obtained.

d. Kanyashree Plus
Under this, the government along with the World Bank is trying to create
employment opportunities for Kanyashree girls this year onwards.

Ms. Swati Maliwal Chairperson, Delhi Commission for Women started

her keynote address by talking about the frequent number of rape cases in
the capital and the dismal follow ups on the cases. She cited the following
factors as some of the reasons behind the poor conviction rate in these cases:

 Lackadaisical Approach of the Police: More than 50% of the cases

were still under investigation
 Lack of Forensic Labs: Owing to the presence of just one Forensic Lab
in the capital, approximately 7700 samples were still lying pending and
around 1500 samples had vitrified.
 Absence of Fast Track Courts
 Lack of Coordination between the Centre and Delhi Police
The speaker went on to talk about the pathetic state of trafficked girls in GB
Road, one of the red light areas of Delhi. She highlighted the fact that the area
of GB Road was only 3 kms away from the Parliament and the Secretariat,
and it was a shame on the authorities that trafficking was allowed to flourish
in such close vicinity of these places.

She spoke about the State Level Coordination Committee to Combat

Trafficking and Rehabilitate Sex Workers which was constituted as per
the Supreme Court Orders in 2012. As per the DCW Chief, the committee met
for the first time in 2015, that too on the intervention of DCW. Since the first
meeting, discussions are on the way for the formulation of a new rehabilitation
policy and there are also debates doing rounds regarding the legalization of
prostitution.

The speaker also brought to light some of DCW's pilot projects to combat
human trafficking, as well as support the victims of trafficking. They include:

 Identifying rescued girls and partnering with Working Women's Hostel

to create an alternative livelihood option for them
 Finding residential schools for children of sex workers.
 Collaborating with Delhi Government to improve the state of affairs of
Shelter Homes
 Setting up an Anti-Human Trafficking Unit in DCW
SESSION V: PARALLEL SESSIONS

PARALLEL SESSION – I: ROLE OF STAKEHOLDERS IN ENSURING SAFE

MIGRATION

Ms. B. Bhamathi The right to mobility or freedom of movement is a crucial

fundamental right. This provision safeguarding the human element of the law
bestowing inviolate rights on its citizens, however has played out in numerous
ways. Human trafficking encompasses a grave issue of large scale movement
of persons from one place to another, which is a culmination of actions ranging
from threat, coercion to abuse of power or position of vulnerability. Migration
in contrast is voluntary and informed. It is thus imperative that instead of
restricting movement, safe migration practices must be employed and
propagated to correctly regulate productive mobility across borders. Most
people move in search of better opportunities, seeking an alternative lifestyle.
This inquiry into the cause for moving sets the framework within which
stakeholders can work to educate and spread awareness regarding the pros
and cons of migration. The motivation of the assisting parties should be
guaranteeing safe movement and sustenance alongside. Any kind of
movement becomes unsafe when it becomes vulnerable to exploitation to
fulfill the very motives that encouraged voluntary displacement in the first
place. “Traffickers fish in the stream of migration.” In order to ensure safety,
legality must be maintained, by keeping all papers in order, whether it be
identity documents, travel documents, etc. Majority cases reflect a mentality
of broken association with an actively supporting law, which does not prohibit
migration, and is forced to be exercised stringently when found violated. NGOs
and civil society groups play a crucial role in advocating for rights on potential
and current victims of unsafe migration which often lands them in testing
situations. ‘Due to illegality, they are found supporting people of doubtful
integrity.’ The practice becomes pervasive enough to dissuade everyone from
following protocol. Not every movement is illegal. However, the treatment of
migrants, opportunities availed by them, their legal position before,
throughout and after migration has often set a bad precedent. This negative
impact has been a result of atrocities inflicted upon them by the traffickers
through blatant exploitation of their legal position in a different country.
Migrants from Bangladesh, Bhutan, Nepal, move in large numbers, and more
often do not care for cross-border legalities due to fear of reprimand or
questioning, thereby eliminating the legal protection available to them as a
matter of right. This lack of knowledge is picked up and preyed upon.

Migrants also pose a grave threat to security, safety and integrity of the source
and destination country. Such issues thrive on the notion that government
support systems have failed. This lends a colored view to the problem, leading
to excessive or extreme enforcement of the law against illegal or migration.
The government of India under its Rural Development Scheme presented an
Advisory on the legal status and representation of migrants, who were at risk
of being invisible to the country’s legal system. It allows NGOs to intervene,
raise awareness, counsel the migrants and present them before the courts. It
acted an advocacy exercise while ensuring visibility of migrants through entry
into the legal system, who could then avail benefits as ordinary persons
protected by the law. The Advisory, though bureaucratic intervention ensured
safety of migrants and acknowledged efforts of the NGOs while safeguarding
human rights.

There is enough data to prove that women are most severely affected by
illegal or unsafe migration, and are victims of abuse, sexual and physical
violence, exploitation etc. Gender as such compounds the problem, and
exacerbates the element of risk due to lack of safety cover. The vulnerability
factor multiplies for women who are marginalized on their home soil and face
similar treatment in a destination nation. The Advisory also mentioned
establishment of identities, through creation of databases in a holistic manner.
Migrants who have been living in a different region or nation still do not
possess required papers despite years of residency, still falling out of the
country’s mechanisms protecting rights of its victims. Aadhar Cards having
photographic record of the persons has been a boon to the people. This would
ensure community building as the local area would know its fellow occupants,
keeping a check on the movement of people. Migration in and out would have
empirical data to support the government’s efforts to map the movement of
people. Police Networking and linking of source to destination would lend
recognition and not aggravate a mild hiccup to a flaming issue, wherein more
often than not, illegal migration is confused with human smuggling or human
trafficking and vice versa.

Strong provisions of international law need to be drafted which look at illegal

migration as a human rights issue and provide benefit to unsuspecting victims
who are unaware of cross border legalities. Issues surrounding unsafe mobility
should be brought to the fore, streamlined into the diaspora of bilateral laws
and treaties, which would simplify ratification of protocols. In most
International or Mutual Legal Assistance Treaties operating on a multilateral
or bilateral basis, human trafficking does not figure, making extradition a
challenge, raising tricky points of contention between countries. This still
requires a thorough check up to encourage a dialogue and help in prosecution
of international traffickers and in the meantime, the protection of legal and
illegal migrants. Doing so would ensure conviction and safe migration. As
such, cohesive collaborative efforts starting from the migrants themselves to
the respective state and federal governments are required to address
Migration issues.

Mr. Y.K.GAUTAM, President, Jan Jagran Sansthan, Patna: The state of

Bihar experiences large scale migration of persons across the porous border
of Nepal. It is mainly for the purpose of labour. Areas such as Raxaul,
Muzzaffarpur, Darbhanga, Birganj etc. are neighbouring districts, having
common cultural practices as those on the Nepali side. Migrants moving into
the country or moving out, spread out for engaging into agriculture, domestic
work, construction jobs and the like. ATSEC Bihar model has been successfully
accepted and working to reintegrate the rural sections by empowering them
with useful skills. Unsafe migration in large numbers in these areas has
witnessed slow erosion of morale and general decline in productivity, since
many turn victims of trafficking leaving, and ultimately shunned. There is large
belt of Bihar, including commercially viable areas that are under constant
Maoist threat. The Maoist movement has been revamped and started to prey
upon the legal and social shortcomings of the vulnerable groups. It has started
to target adolescents and young adults, by offering livelihood and sustenance
opportunities and financial stability for the children and families. This also
plays well in terms of security, since community based belongingness,
especially for that of the Maoist movement automatically shields them from
the law, which is often given a tainted colour. In this regard, Dr. P.M. Nair
(Director, TISS) proposed a study to mark/map and identify at-risk
populations/groups in specific areas with reasons for the same. Such studies,
time and again have served to reduce the burden on a particular stakeholder
and instead helped to enhance collaboration. Places like Motihari, Caimoor,
Gaya, fall under the Maoist belt. In a remarkable effort to prevent recruitment
of children, training, practical and tactical education was given to stop them
from falling into the Maoist trap.

The agenda was to show the other side of the law, existence of opportunities
and availability of choice to every person irrespective of the migrant status.
Targeting the children ensured flow of information and starting a healthier
trend to make better individuals of them all bringing them within the ambit of
various schemes provided by the government. In this regard, MNREGA instead
to becoming an empowering tool, became a hurdle for the poor sections who
were exploited for labour. Most documents and papers of persons were
submitted to, and kept with the Panchayat which held all documents. This
hampered the direct flow of monetary benefit to the entitled groups. Jan
Jagran Sansthan devised comprehensive methods to interact with the village
heads, conducting interventions which resulted in proper disbursement of the
amounts under MNREGA scheme, by the Mukhiya.
It is essential to experiment with conventional methods to improve the quality
of life with available resources without running into problems related to
extravagance. People are victimized due to lack of financial capability,
independence and livelihood. Economic empowerment is a must. In this
regard, the organization undertook a project wherein through step-by-step
process, land was acquired and women who had been in distress or reeling
under migration issues, were involved in the cultivation of unconventional
crops which had higher monetary value. It also provided land on rent for
cultivation of crops to migrants who did not possess property in those areas.
This model was replicated over time, growing to involve more women. Under
the same premise, it set up an Anti-Traffic Vigilance Committee which
maintained a ‘tracking’ and ‘movement’ record of all persons employed in a
particular district. It was used to map the current status of anyone employed
under the system and new model. The model helped migrants to learn high
value, fetching skills that can be used anywhere, while ensuring accountability
for all who came under the system.

E.g.: Training of rescued women, survivors of conflict or abuse or exploitation,

as security guards. They went on to be employed at colleges, institutions,
schools and became self-reliant resulting in the ability to have own means of
livelihood, no matter where they migrated or moved to.

Rajib. Kr. Haldar, Addl. Director, Child in Need Institute: The issue of
unsafe migration comes up when people in their ordinary routes of travel go
missing or become unaccounted for, irrespective of migration being
international or intra-national. In West Bengal today, most tea garden workers
are migrants from different states and countries of Nepal, Bhutan and
Bangladesh. Many people move across national and state borders for a
plethora of reasons, but mostly in search of livelihood. However, due to the
lack of knowledge regarding availability of rights under basic tenets labour or
employment laws as well as ignorance of the local customs or vernacular,
many fall victims to trafficking as they ultimately end up being exploited in
various forms. The Bengal Crime Records Bureau indicates that most of the
migrants and potential victims are children who are pushed into coercive
movement/migration. The reasons may range from family pressure to
trafficker’s manipulation to loss of sustenance promising a brighter, rosy
future. Due to lack of economic prospects and dwindling financial situations,
they are made to believe migration is the only solution, whether in or out. Tea
garden workers while voluntarily employed were completely bound to the
estates, by virtue of a form of bonded labour. Several instances recorded
cases where migration was forced on the bride disguised as a marriage
prospect and to this day this ruse carries a weighty appeal.

It is essential to address and practice the provisions of Inter-State Migrant

Workmen Act which as a statute carries significant weight. It provides for the
safety and security of persons crossing state borders in search of livelihood.
The success of employing the provisions of this Act depends upon the
convergence of efforts from all stakeholders, especially that of the law
enforcement agencies. They have the manpower and resources available to
bring the Act to its fulfillment. Local governance is hence crucial to bringing
the vulnerable migrants under the protective blanket. The role of the police
should be defined for dealing with migration issues. It should be separate from
trafficking. Today most of the trafficked victims are minors, under 18 years of
age, which sets a bad precedent regarding future generations who would fall
prey to exploitation on the same principles. The cause behind such practices
should be identified and vulnerability factors explored to reduce or remove
their harmful effects. Firstly, Community policing has emerged as a novel
solution, utilizing pilot projects to raise awareness surrounding migration
issues from legal and quasi-legal perspectives. Secondly, specialized units
such as AHTUs, DCPUs, SJPUs have been put in place to address issues
relating to children, juvenility, vulnerability, trafficking in isolation and in
combination with each other to enhance benefit to be derived by the victim,
of any status. There should be combined efforts to mainstream their roles in
everyday policing. Thirdly, innovative application of technology is in order, or
positive reinforcement of the idea of safe migration. There are means and
methods to not only raise awareness but send alerts, update information,
cross check and cross reference data as well as to isolate and identify
vulnerability in various regions. Fourthly, awareness combined with
standardized education in schools through sponsored and mandatory
admission in schools is the most reliable and sure shot method to keep the
children in schools, as a ward of the State and away from the elements
influencing unsafe migration practices. Fifthly, free legal aid services under
the NALSA and state services under WBSLSA (state Legal Services Authority)
must be utilized in full and called upon by stakeholders to provide survival and
rehabilitation benefits in monetary terms, received as compensation. Free
legal aid and legal representation has always been an issue with children. It
must be known to them that such a benefit empowers them with financial
safety on legal bases. Sixthly, there must be holistic and creative application
of the law, to ensure that existing instruments are broadened in their
interpretations, and made safe for women and children without scope for
distress or further victimization. These indicators have always been present
and discussed in detail. The challenge is to combine them all and present a
fruitful conclusion.

SITA SWANSI, Secretary, Diya Sewa Sansthan: The experience of

working in Jharkhand, among tribal populations echoes the same issue every
time. Tribal people living in remote areas, are at grave risk. The situation
today is a vast improvement from that in the past, since people are more
aware of the rules, laws and of their own rights. They also possess more will
to exercise those rights for personal benefit which was absent before since
most tribal populations are forest dwellers and rely heavily on close knit, albeit
large family structures. Now, migration has changed from family based to
more individual based. Nowadays, larger numbers of youths are moving larger
distances to re-settle and earn livelihoods, separate from conventional
pursuits. Many people from across the country migrated to Neal, Bhutan,
Bangladesh and even West Bengal. Back in the day tea garden estates were
the most lucrative and entire families shifted base to places in West Bengal.
The migration for agriculture has been a healthy pursuit. These migrants
settled in tea gardens. However, when they moved they became unknowingly
bound to the estate and a majority of them did not manage to return to their
home state. They were also unaware of their state rights and their rights on
the property they held back in Jharkhand. Being tribals, their holdings would
run into several acres, as most of it was agricultural land. Thereafter new
kinds of migration emerged as technology expanded their vision and
opportunities grew. Most of these new migrants, however, were women and
children employed as labourers at construction sites, such as houses, bridges,
roads, rails, dams, etc. Today every kind of data available on human
trafficking proves that women and children from Jharkhand, mostly tribals are
forced into labour and hard work. Even though the migration is voluntary, the
subsequent actions are within the definition of human trafficking or
exploitation for labour. There is an urgent need for the government to have
a database of its tribals, to map their movement and chart their growth.
Resources and manpower should be put to use to ascertain the conditions of
migrants. Solutions can be sought and discussed through combined
collaboration of the government, NGOs, civil society groups etc. Despite the
ongoing efforts, these systems have met with little success which indicates a
gap in collection and utilization of data. The government must keep a check
on its migrant populations which would include everything from their legal and
social status, food, clothing, lodging conditions, employment and pay,
contractual relationships, and the like. Most of the tribal migrants, unaware
and innocent are paid only as much is considered enough for their bare
minimum survival. They are unaware of their heritage and lineage which
bestows grate financial benefits upon them. The land owned by them carries
immense value which unbeknownst to them goes to waste or is encroached
by others, while they toil in alien fields. The current generation even though
more empowered is cut off its rich, glorious heritage. Their education is going
to waste, not being able to revive the culture and retrieve the property that
rightfully belongs to them.

There should be a labour helpline number like any other which would cater
solely to the problems exclusively faced by such migrant workers labouring in
different sectors. Data creation systems must be put in place in collaboration
with other states and stakeholders.

SHIV SHANKAR KUMAR, Nomi Network, Bihar: There are many cases in
the past and now emerging in UP wherein vulnerable families have been
targeted. Many migrant families from U.P. travel to far off states to sell bed-
sheets, salwar suits etc. Due to language and cultural barriers they
immediately become a vulnerable lot, and are targeted by traffickers who offer
them lucrative prospects such as marriage of their daughters. No dowry
demand is made and unnecessary hassles of family meetings are done away
with. There is an almost instantaneous establishment of trust. NGOs and civil
society groups working in the area have reported parents and relatives
complaining about their missing or disappeared daughters who went traceless
a few months after marriage. No communication was done by and to them.
This is a cause for concern as such migrant groups are everywhere and travel
to escape the limitations of their current status only to land in another
exploitative situation. Many independent organizations and government
schemes, awareness programmes have gone into educating the people about
court marriages and legal processes to ensure better protection of rights and
representation in the society. Accountability and responsibility has increased.

Case from Orissa: Entire families migrate to the Southern state of Tamil Nadu
to work in the brick kilns. Families were bought and sold by middlemen who
facilitated the transaction with different brick kilns on the basis of service
offered and number of family members employable. There were no proper
facilities made available that would be considered conducive for a stable life,
such as schools, hospital, nursery, recreation, community organizations etc.
The NGO working in the area, started a migration register and document the
movement of all persons from Orissa. Identity cards were issued. The village
in-charge or Pradhan were intimated and informed about the movement and
settlement of migrants. Most importantly teachers were appointed to teach
the kids in vernacular languages so that they could continue their studies in
their home state without having to start afresh and leave their current
schooling in the middle. The study material in Oriya language was a huge
success.

The panelists had reflected on the issues of trafficking and unsafe migration
from the North Bengal context in particular, and pan- India perspectives. It
was brought to the attention of the participants that the challenges of limited
sustainable livelihood options in closed Tea gardens and its cross-border
dimensions in North Bengal as source and transit points., bordering Nepal and
Bhutan push children and women most vulnerable to unsafe migration and
trafficking.

QUESTIONS ASKED:

Question: Is there any data/figure to support that Oriya speaking

teachers and study materials in the vernacular language were
provided to the migrant workers at destination points?

Ans. Mr. Kamal Saxena: There is no official data. The project and efforts
were a result of activism of the local organization after realizing the limitations
of a migrant lifestyle. The children were the most affected lot since studies
were disrupted, language barriers made it difficult to adjust at either of the
places, changing environment resembled a constant state of displacement. All
of these factors called for an element of stability to impart primary education
in their native language which could serve them anywhere, especially if they
have to relocate to the home state. Migration is movement across borders for
various reasons ranging from employment, livelihood, relocation, etc. which
can be permanent or temporary. Through these efforts the migrants were
empowered rather than being restricted to one place and lifestyle. The
network of support systems which included volunteer teachers, social workers,
and community based partnership programs helped in creating a safe learning
space for the migrants.

Question: What is the effect of migration on Assam?

Ans. Mr. Shiv Shankar Kumar: Migration itself is not the issue. However, in
recent times, people have started crossing boundaries in an unplanned, unsafe
manner which has proven dangerous to the source and destination areas,
while also setting a bad precedent. Between the ages of 18-25, an estimated
40 lakh people have dangerously migrated from Assam to all across the
country in the past one decade. The effect is only now visible as the youth
population has significantly fallen, depreciating the quality of working
population in the state leaving aged, and mostly old persons who do not aptly
contribute to the economic growth. Experience aside, many suffer from
medical, social and psychological afflictions thereby burdening the state and
becoming a liability. There is no official data to support and explain this erosion
despite the ramifications manifesting itself every day in the state. The
situation requires immediate intervention through proper research to collect
figures supporting the dearth and thereafter make efforts to spread awareness
on it. There should be massive skill development programs to address the
issue among the migrating youth with targeted financial allocations made for
that purpose.

Question: What are some solutions for issues pertaining to migration?

Ans: Mrs. B. Bhamathi: There needs to be a shift in perspective regarding

migration. Solutions must be sought using the following efforts:

a. Experimental models to gauge and understand the full effect of

migration; and how to replicate and distribute benefits arising out
successful endeavours.
b. Training and empowerment of persons, on skill, independent of cultural,
social, linguistic anf political factors.
c. To spread the word that migration is safe and most times, done for the
sole purpose to achieve a safe, reliable livelihood. Freedom of liberty
and occupation form our fundamental rights.
d. Focus on prevention rather than criminalization or penalty.
e. AHTUs should be trained to recognize and halt unsafe migration, much
like human trafficking.

PARALLEL SESSION II: STRENGTHENING VICTIM SUPPORT SYSTEMS

List of Panelists

Dr. Alana Golmei, Founder Director PANN NU Foundation

Mr. Manabendra Mandel, ATSEC India
Ms. Swati Chauhan, Judge, Family Court, Maharashtra
Ms. Tapoti Bhowmick, SANLAAP
Mr. Mrinal Ghosh, District Child Protection Officer
Mr. Rankesh Senger, Bachpan Bachao Andolan
Mr. Manabendra Mandal, ATSEC India: The speaker spoke about psycho-
social counseling, legal aid, repatriation and rehabilitation, as essential
aspects of strengthening 'Victim Support Systems'.

Psycho Social Counseling: While a lot of NGOs in the country employ

counselors, most of them do not have an educational background in
counseling. More often than not, they are MSW graduates with short term
courses in counseling. Considering the fact that there are at least 12
universities in the country that offer full time courses in counseling, it's in the
interest of victims that they are counseled by individuals who are technically
competent to do so.

Legal Aid: Mr. Mandal spoke about a particular case of NCW versus the State
of West Bengal in the Kolkata High Court wherein the court directed the
government to provide free legal aid to victims through the medium of NGOs.

Rehabilitation and Repatriation: Mr. Mandal lay emphasis on the need for
cooperation across countries in case of cross border repatriation. He drew
attention towards the large number of girls who were trafficked from
Bangladesh, Nepal and Myanmar on a daily basis but had to be detained here
for long periods of times due to tardiness of the governments in exchanging
the required information. He stated that the repatriation of victims often got
delayed due to lack of cooperation.

As far as reintegration and rehabilitation were concerned, Mr. Manabendra

stressed on the need for establishing better homes. Banking on his experience
with ATSEC, that mainly works with government shelter homes, he stated that
private shelter homes were far better than the ones that were state run. He
said that there was a need to establish shelter homes where the victims did
not feel constrained and trapped. He went on to add that for the purpose of
reintegration, it was essential to take village level institutions such as
Panchayats into confidence.

Dr. Alana Golmei, Founder Director PANN NU Foundation: Dr. Golmei,

who set up the PANN NU Foundation spoke in the context of migrants from
the North Eastern parts of the country. She said that there were mainly two
kinds of people who migrated from the North East to places like Delhi. The
first category of people included those who came from situations of abject
poverty where parents were not in a situation to send their children to school
and the second category included job seekers who were either lured by the
promise of good jobs or who voluntarily left their homes in search of better
opportunities.

Dr. Alana put forth her views on "Strengthening Victim Support Systems" by
drawing a distinction in the behavior of rescued minors and adults. She said
that under the existing scenario, both adults as well as children were treated
alike post rescue. She said that while it was okay to put up children in shelter
homes, the same solution wasn't apt for adults. "You can't confine adults, they
don't like it there", she said. Hence it is necessary to have some sort of
placement agencies which could serve as places where survivors could learn,
work and re-establish themselves. She suggested that the corporate sector
could play a role in providing rehabilitation opportunities to the victims of
trafficking who were looking at starting afresh.

Dr. Golmei put before the panel the point that it was not possible to create a
support system for victims in isolation. There was a need to have healthcare
schemes to assist the victims, as victims of trafficking often fell prey to
conditions such as being HIV positive which could have life threatening
consequences in absence of proper medical treatment.

She also spoke about a better repatriation system for the survivors of
trafficking. "Taking a child from Delhi to the North East, is nothing less than a
48 hour journey which includes an exhausting bus travel in most cases", she
said. A rescued child was already in a physically and mentally fragile situation
and making the child undergo such a long fatiguing journey wasn't the best
thing to do in those circumstances. Dr. Alana also proposed the creation of a
good compensation scheme to support the victims of trafficking.

Ms. Swati Chauhan, Judge, Family Court, Maharashtra: The speaker

focused on the role that judiciary could play in strengthening victim support
systems. Quoting incidents from her own experience, she spoke about the
various provisions in law which provided tremendous scope for judges to
provide support to victims.

Through the story of a victim in her own court, Ms. Chauhan enlightened the
audience about a provision in law which allowed for a trafficked but self-
rescued victim to seek compensation. She cited that under CrPC, a judge could
grant compensation to a victim even in the absence of a conviction. Taking
cue from this, she recommended this to DLSA. Even though this
recommendation was not accepted and no compensation was granted to the
victim on the grounds that no injury was suffered by her, Ms. Swati sought to
highlight the fact that the only thing that was essential for lawyers was to read
between the lines and interpret the law in such a way that it could be utilized
in the best interest of the victims.

Another case quoted by Ms. Chauhan was that of a 13 year old boy, who
during a raid was found to be working at the brothel doing tasks like cleaning,
cooking etc. The boy was arrested as the police deemed it to be the case of a
child in conflict with law. During the proceedings in the court, it was found
that the child's mother used to work at the brothel and after her death, the
brothel's manager allowed him to stay there since he had nowhere to go. Ms.
Chauhan, as the presiding judge of that case said that contrary to the claims
of the police, the child was in fact a child in need of care and protection. She
again stated that judges could indeed do a lot even under the scope of the
existing framework to strengthen victim support.

Ms. Chauhan through another example went ahead to prove that all one
needed was the "intention" to extend support to victims. She spoke about the
case of a rescued girl from a brothel, who informed Ms. Chauhan about
another girl who she knew had been held captive at the brothel next to hers.
When Ms. Swati couldn't think of any way to rescue the confined girl, she went
through the ITPA again to see if in her capacity as a judge, she could do
anything to help set the girl free. She found out that under Section 16 of the
ITPA, she could inform the District Magistrate who would then direct the
concerned police officers to conduct a raid. She did the needful, a raid was
conducted and the girl was also rescued.

Ms. Tapati Bhowmick, SANLAAP: The speaker started off her dialogue by
talking about the 3Ps of Trafficking, namely Prevention, Protection and
Prosecution and focused on how the latter two could be improved so as to
strengthen victim support systems.

With respect to Protection, Ms. Tapati Bhowmick put forward the view that
while rescue was a one-time event, rehabilitation was a long process which
covered several aspects. She emphasized on the need to expand the scope of
the current rehabilitation process in order to provide support to victims.
According to Ms. Bhowmick, existing rehabilitation programs only talked about
meeting the immediate food, shelter and clothing requirement of the victims,
paying little attention to creating alternative livelihood options for them. NGOs
too did not have enough means to single handedly create skill development
programs for the rescued victims.

She also spoke about Home Investigation Reports and their insufficiency at
being the criteria on which decisions regarding the repatriation of victims was
taken. Ms. Tapti also added that in addition to ascertaining the conduciveness
of the victim's family, it was also imperative to ascertain the conduciveness of
the victim's village, as that, to a great extent determined the smooth
reintegration of the victims into mainstream life.

With regard to Prosecution, Ms. Bhowmick emphasized on the need to create

more victim friendly courts. She stated that a court environment which was
encouraging, could go a long way in helping the victim present the best
evidence, as opposed to an environment that put the victim in an
uncomfortable situation. She said that small efforts could actually help in
producing stronger evidences and consequently more convictions.

Mr. Mrinal Ghosh District Child Protection Officer: As the District Child
Protection Officer of Darjeeling, Mr. Ghosh shared some of the success stories
implemented in his district to strengthen Victim Support:

I. Psycho- Social Counselling module called "Ehsaas"

II. Darjeeling District Child Rights Network Forum, a forum which at
present includes 28 civil society members.
III. WhatsApp Group consisting of members from the police, judiciary, civil
society etc. to allow for better networking
IV. Block Level and Ward Level Child Protection Committees
V. "We Care" Initiative to involve youth in the fight against human
trafficking
VI. "Hunger Free Darjeeling" an initiative to provide food to the extremely
deprived population

He also spoke about some challenges, which if addressed could be a positive

step in strengthening victim support systems:

I. Shortage of government run shelter homes

II. Reporting of Cases: Despite being the district where the largest number
of POCSO Cases was reported, Mr. Ghosh said that they still had a long
way to go.
III. Insensitivity of Media
IV. Lack of interpreters: The North Bengal Region has as many as 56
dialects. The presence of so many dialects also entails the need for
interpreters to help the victims in a better way.

Mr. Rakesh Senger, Bachpan Bachao Andolan: Mr. Rakesh Senger added
value to the discussion by talking about the need to electronically track all
details related to victims. The idea behind this was to ensure that each and
every victim was monitored individually, right from the time she was rescued.
A database of this sort would not only act as an information system, but also
serve to ensure that progress on every case was tracked through till the end.

CONCLUSION:

The panelists spoke about proper counseling, legal aid during rescue and
rehabilitation, creation of alternative livelihood mechanisms, shelter homes
reformation, community level reintegration, networking with various
stakeholders and victim friendly courts as some of the efforts that could prove
to be worthwhile initiatives in strengthening the victim support systems.

QUESTIONS ASKED:

Questions: As per a judgment of the Supreme Court, in case of children

employed as labor, a welfare fund is created, with a corpus of Rs. 25000 per
child being deposited in it by the offending employers. What is being done
with that fund?
Answer by Mr. Rakesh Sengar: The idea was to use the interest on the
corpus amount to provide financial assistance to the families of those victims
with no regular source of income. However, these funds are still lying idle with
the state governments and no decision has been taken with respect to their
utilization.

Question: If a trafficked victim approaches the court for compensation, is

there a stipulated period in which the compensation will be received?

Answer by Ms. Swati Chauhan: There isn't a fixed time period in which the
victim can be ensured compensation. It varies from case to case.
PARALLEL SESSION III: ROLE OF TECHNOLOGY IN TRACKING
MISSING CHILDREN AND CASE MANAGEMENT SYSTEMS

List of Panelist:

i. Mohammed Asif, Director, Programme Implementation, PLAN India

ii. Dr Rinchen Chopel, Director General, South Asia Initiative To End
Violence Again Children (SAIEVAC)
iii. Sankalita Shome, DNET Bangladesh

Brief of the session is as follows:

Mohammed Asif, Director, Programme Implementation, PLAN India

 Mr Asif gave a brief introduction about the organisation PLAN India. The
motive behind working for children comes natural as more and more
children are subjected to different forms of abuse, and trafficking, and
as a child development organisation, PLAN India has been working since
1979 as a nationally registered organisation.
 Speaker shed light upon PLAN India’s first intervention which was done
in Andhra Pradesh-Telangana on the issue of child trafficking. One of
the key learning of the intervention was until unless we engage at the
 cross border levels, it’s not possible because significant part of the
trafficking process had linkages, particularly, in Nepal and Bangladesh.
 Taking the idea of “Amber Alert” from USA and Europe, it was thought
that, role of technology can be very useful in accelerating the whole fight
against human trafficking especially child trafficking. Thus the concept
of Missing Child Alert was born.
 Speaker mentioned that the organisation has been working with various
stakeholders, and focussed mainly on the use of technology to create a
platform and to see whether there is a possibility to work for the missing
child alert technology especially for South Asia regions particularly,
India, Nepal and Bangladesh as pilot areas.
 Mr Asif mentioned that an integrated approach to bring in technology
especially ICT (Information and Communication Technology) and use of
communication for development to see the results at both preventive,
rescue and repatriation spectrum.
 MCA has drawn knowledge from various initiatives like Track Child,
CHILDLINE, NGO networks, civil society organisations, various
stakeholder consultations and others who have a keen knowledge and
are fairly informed about the issue human trafficking. Critical support is
given by SAIEVAC, DNET, and ISG.
 At grass roots level, organisations like Shakti Vahini, CINI, Gram Niyojan
Kendra, Saathi etc are working efficiently and setting good examples.
 The most critical system is Repatriation Information Management
System (RIMS). It was realised that post rescue activities become
unnecessarily stretched due to time taking legal processes and reforms.
The necessity to use Information Technology to somehow reduce the
post rescue delay till the repartition process begins.
 Under MCA Initiative, a blueprint has been prepared successfully on how
a technology enabled alert system would look like in the Sub-continent,
India and Bangladesh. The system requires to collaborate on a national
level with governments, so that the process of repatriation process
becomes relatively easy for the trafficked victims.
 Government stakeholders are very actively supporting MCA Program,
along with state governments, and law enforcement agencies.

Dr Rinchel Chopel, Director General, South Asia Initiative To End

Violence Again Children (SAIEVAC)

 The main purpose of the MCA Project is to create a convergent platform

for every child who has gone missing, and to develop a platform where
we can track the child and keep the children safe.
  SAIEVAC’s role is to create a greater degree of convergence from the
political missionaries, governments who are part of SAIEVAC’s inter-
governmental process, also bring a larger convergence of the civil
society networks.
 SAIEVAC has National Action for Coordinating Groups (NACG), for
fighting violence against children in more than 8 countries. India is one
of the most complex NAGCs centre.
 SAIEVAC took the role of looking into legal reforms and review of the
Missing Child Alert Program facilitating the same on a larger scale.
SAIEVAC started a collaboration with the SAARC law, to formulate a
policy in which the existing systems for tracking the missing children
and cross border trafficking could find meaningful interpretation, so that
issues related to the missing children could be addressed.
 SAIEVAC along with PLAN International conducted a tri-lateral
convention in which all the governments, civil society functionaries, UN
and other agencies and key stakeholders are brought together and
address the issue of Missing Child Alert and review the existing systems
on an organisational level, regional level and universal level.
 Creation of a Technical Advisory Group was mandated in the Follow Up
meeting of the Tri-Lateral Convention which was held between the three
countries and all the stakeholders. Best practices were studied and
adopted from the all platforms available like Track Child from India.
 MCA project also undertook the Case Management System for creation
of Standard Operating Procedures (SOP).
 At the 9th SAARC Law Convention, a declaration signed by all the Chief
Justice of the SAARC which focussed on the improving the Juvenile
Justice machinery, so that more improved legislations could be passed
that would help in convergence at a larger scale.
 Issues related to child marriage, child labour and other ramifications are
covered by the SAIEVAC and MCA in collaboration.
 Digital Technology cannot be ignored altogether as it is an important
tool to address the issue of missing children.

Sankalita Shome, DNET Bangladesh:

 DNET is social enterprise working in the development sector. The

background study behind the website included a thorough study of
ecosystem of trafficking.
 Needs Assessment Study was done where users were given an
opportunity to explain about the issues and problems that the
trafficking organisations face at different steps in the process of
rehabilitation, rescue, gaps and challenges they face as they are the
 who will use it directly, in protection and prevention of the trafficked
victims.
 Standard System Requirement study was conducted to find out a
system, when the users give a feedback of what they want so that a
pre-requisite was formed before building up the website.
 Basket of solution is needed for every practical problem. The blueprint
has segregated the problems into three areas, rehabilitation and
reintegration, protection and prevention, and repatriation. Individual
solutions are also given in the blueprint for better action and
implementation.
 Studies of the existing technology based systems were done to work
upon it and improve on the same.
 The process of the Repatriation Information Management System
(RIMS) will ease out the process of repatriation between India and
Bangladesh. All the stakeholders will also be able to access the progress
for any particular stage in any particular case with their UID.
PARALLEL SESSION IV: PREVENTION OF HUMAN TRAFFICKING
THROUGH SKILLS DEVELOPMENT INITIATIVES IN VULNERABLE
AREAS

List of Panelists:

1. Ms. Hasina Kharbhi, IMPULSE Social Enterprises.

2. Mr. Digamber Narzary, NEDAN Foundation.
3. Mr. Gaurav Bansal, Political and Economic Officer, US Consulate General,
Kolkata (Moderator)

One of the important aspects for prevention and rehabilitation of victims or

vulnerable people is Skill Development initiative especially in the vulnerable
areas to combat trafficking in persons. Thus, in order to address the issue,
Mr. Gaurav Bansal introducing the panelists requested them to throw some
light on the initiatives taken up by them to reduce the vulnerability of the
people in their field areas.

Points discussed:

Ms. Hasina Kharbhi, IMPULSE Social Enterprises

 People tend to migrate to other places, mostly cities for better economic
and livelihood condition. Thus, the main objective is to come up with
 certain initiatives or structures which would not let the people move out
of their native places rather are given sustainable opportunities at their
native place itself.
 Weaving is one of the most important skill that the people in Assam
mostly in rural areas are well equipped which could be best used to
empower the women at their best.
 Vocational training is very important and it is also necessary that the
artisans are being linked with the market so that the products that are
being manufactured are sold off in the market and the people involved
in the production process are benefitted.
 IMPULSE Network with a hybrid model have started with its new brand
named Empower, the products of which are being bought by various big
enterprises or brands such as Fab India etc.
 The role of NGO is very important as they have to work to develop the
skills of the artisans so that they could be empowered. The more they
earn, the more they will have money.
 It is important that retention is maintained. Taking the example of her
own enterprise she argued that it is the duty of her enterprise to
maintain the retention as it should be made aware of the fact that they
would never involve children in the entire manufacturing process. The
women involved would be in the age group of 30 or above which would
mean that the age of the workers will be increasing. Also the next
generation of the workers would prefer to move out to other cities for
better opportunities which is very important. In such situation it is
needed that the existing workers enjoy their work and learn from it. It
should be made attractive, with new designs so that the products do not
become monotonous for the women and also that their children find it
attractive and proud for the fact that their own mothers have had
designed the product. This would lead to retention of younger people
willing to be involved with the process.
 According to her prevention in the form of awareness is not enough. It
is also very important for NGOs to help the vulnerable lots by finding
ways through which their vulnerability could be decreased and is not
being exploited. Linking the people to the main Market system is very
much important.
 She shared some of the methods used by IMPULSE Network such as
providing training to the vulnerable people, developing their skill,
manufacturing products for which the benefit of profit is availed. The
products are sold in the existing market, through online shopping,
export, sold overseas etc.
  She concluded the session with a short NDTV clipping featuring the
benefits availed by the women in interior parts of Assam through
weaving.

Mr. Digamber Narzary, NEDAN Foundation

He discussed about the initiative taken up by his organization which can be

viewed on the website www.weavingdestination.com

It has adopted a business model wherein profit is much more important them
charity. He shared about the initiatives adopted by NEDAN foundation in
various districts of Assam with special focus on Kokrajhar district.

Weaving is the one of the best skills of the people living in interior parts of the
State Assam mostly amongst the women folks. NEDAN Foundation works to
promote and expertise the skills of weaving so that weaving brings
empowerment for women. The empowerment would by itself reduce the
vulnerability of the victims or the vulnerable women and children.

He shared that there are Tribal Shops, Govt. of India initiative available in
every nook and corner of every states. Various craft products or any other
made by artisans could be associated with such shops. As private entity, the
products could be sold at such tribal shops or a connection could be built up
for better utilization of resources which NEDAN Foundation has also adopted.

Due to the new trend of online shopping, NEDAN Foundation has also started
a separate online shopping provision so that the products can be sold out.

The vision of NEDAN Foundation is to make business which in turn would

empower the vulnerable people especially women who could create their own
ownership for the products they make. The mission is to create survival at the
very best place to which they belong rather than migrating to some other
place where they could face exploitation.

Due to the trainings given for developing skills in weaving in the Indo-Bhutan
border of Assam, there is a loom in every house and the women make at
least 5000 rupees per month.

The NGOs are to play the role of a mentor and help the people in empowering
them.

According to him in Assam at least 5000 schools and colleges are in structure
in 8 districts of lower part of Assam where the uniform is mostly of a traditional
kind. Thus, if the vulnerable people start producing clothing for school or
colleges for students it would by itself help them in earning money as well as
their sustainability.

He concluded stating that economic development is the ultimate revolution as

it would help in sustainability of the families and hence reduce vulnerability in
getting trafficked.

QUESTIONS ASKED:

1. How could be the retention rate be achieved as towards any

entrepreneurship programme or training people intend to move out
or does not show up ?

Ans: Ms. Hasina Kharbih argued that as a private enterprise or entity it is

necessary for the organization to take care about the retention of the people
working at the entity. Taking her own example, she argues that in order to
make availability of the products made by the people of the vulnerable areas
to the market it is necessary for the organization to ensure availability of
products for the market and should also be prepared for being at risk. Again,
she argued retention could be achieved when the enterprises make the
artisans love their work as well as make it more attractive and decorative so
that the new generation too builds a belief on the skills utilized and products
made by them. Another important aspect is to map out the vulnerable areas
and also the skills that are available at the place that would help or benefit
the natives to earn livelihood.

2. One of the SSB officers argued that they have a separate fund for
the welfare of the people living in the bordering areas. In order to
utilize the fund he had conducted various skill development training
on tailoring to the women living in the bordering village however, as
the economic condition of the people is poor they are not able to buy
a sewing machine to further make use of the skill development and
hence in this way the entire objective of the fund fails. Therefore, he
requested the panelists to suggest him as to how he could use the
fund in the best possible way?

Ans: Mr. Digamber Narzary argued that it is necessary to map out skills,
resources available that could best be used for identifying enterprises. Taking
the example of an Indo-Bhutan bordering village in Assam where the soil
triggered ginger cultivation helped them in promoting the cultivation on a
larger scale which became a source of income for the natives of the place. Ms.
Kharbih showing interest to partner with SSB argued that assessment or
mapping of the area is very much needed to know what kind of skill
 development would be required at the particular place. She suggested sending
a team from her office so that an assessment could be done. They could
further proceed to build a partnership and use the fund for the benefit of the
people.

RECOMMENDATIONS:

1. Networking and collaboration between stakeholders.

2. Map out or make assessments of vulnerable areas to find out the kind of skills
required to be developed in a particular area that would be suitable for the
people living at that area that in turn would help them to achieve a sustainable
livelihood and also empower them.
SESSION V: LOCAL VOICES NORTH BENGAL

List of Panelists:

 Ms. Rohini Nicholas, Marg Representative

 Mr. Sooraj, CHILDLINE Co-ordinator, South Dinajpur
 Mr Tapas Karmakar, Cocern, Siliguri
 Ms. Rangu Kanchenjunga Uddhar Kendra
 Mr. Deep Bannerjee, Regional Head, Shakti Vahini
 Mr Duek Basak , Bulbul Chandi Welfare Society

Moderator- Ravi Kant, President, Shakti Vahini

Mr. Ravi Kant initiated the session and welcomed all the participants for the
session on the various initiatives taken up by various organizations efficiently
working on the issue of Human Trafficking in the Northern Region of the State.
He said West Bengal is one of the most vulnerable states in the country and
therefore it is needed for all the stakeholders to come together and work on
the issue of human trafficking.

Taking the session forward, he asked Ms. Nicholas to brief on the initiatives
taken up by MARG to reach out to the vulnerable areas and how they link up
with the stakeholders and bring them together for one cause.
Ms. Rohini Nicholas, Marg Representative: Addressing the question Ms.
Nicholas argued that MARG which means Mankind Association for Rural
Growth is a grassroots NGO in Darjeeling working in the field of Anti Human
Trafficking which mainly focuses on the prevention through awareness
generation throughout North Bengal. She referred to Dr. Nair’s suggestion
about the involvement of youth in the Anti-Trafficking Movement, the speaker
stated that MARG has been organizing awareness programmes among the
youth in schools, colleges on the issue of trafficking and had succeeded in
opening Students’ Anti Trafficking Club and Youth Anti Trafficking Club in
Darjeeling and Sub- Divisions in the district.

She said that Darjeeling being the source district, they had been collaborating
with various stakeholders especially with NGOs and had been assisting in raid
and rescue operation. Moreover, MARG has been able to establish an inter-
state linkage by sharing information of any missing child or victim to
destination. NGOs like Shakti Vahini has been assisting them in rescuing
victims from destination states.

The speaker then argued that Darjeeling is one of the important tourist sites.
Through awareness and training programmes organized by the organization
it was known that the district is prone to trafficking due to tourism and
therefore they decided to reach out to the drivers and hoteliers and sensitize
them on the issue. In order to reach Darjeeling, Siliguri is the first point from
where one needs to board a taxi or car and therefore, the drivers become an
important stakeholder who can keep vigil and help in preventing trafficking in
persons. Same goes for hoteliers as they know as to what kind of customers
are approaching them and accordingly act in informing Police or any
organization.

She concluded her speech thanking the organizers and stating that they look
forward to partner with as many stakeholders as possible and bring them
together to fight back the crime.

Mr. Sooraj, CHILDLINE Co-ordinator, South Dinajpur argued that Society

for Participatory Action and Reflection is an organization working in the field
of anti-trafficking since 2006. According to him the organization has been
running CHILDLINE in Malda district of West Bengal and has also worked in
bordering districts to Bangladesh. According to him, there are districts in West
Bengal near the Bangladesh border having a fencing of 250 kms while 35 kms
does not have any fencing making it an open border through which trafficking
in persons takes place. According to him, everyday one or more Bangladeshi
girl is rescued from the bordering districts. However, for him, sharing a case
study, repatriation of Bangladeshi victims are a challenge which takes very
long.

Another challenge is to trace missing children. According to him, a phone

number or any such clue helps in tracing a child and many a times, the
organization had partnered with various organizations and shared information
of missing children and any link if found about their whereabouts in destination
areas.

He argued that rehabilitation is the most challenging part in any anti trafficking
movement. According to him, the Victim Compensation Scheme has also not
reached various districts and victims do not receive any compensation as per
the Act.

Mr Tapas Karmakar, Concern, Siliguri stated that the organization has

been working at the New Jalpaiguri area with specific presence at the railway
station seeing as it is one of the most important transit points in the country
linking to various national and international borders. According to him, the
main objective of the organization is to make the railway station premise a
child friendly one. According to him in order to make it a child friendly zone
the following criteria need to be fulfilled:

 Time to time Announcement regarding child protection at the railway

premises.
 Display Board in the station area containing important contact numbers
to be reached out during stress.
 Presence of Child Assistance Booth.
 Formation of Child Protection Committee.
 Shelter Homes for children to be placed especially those recovered
during night.

Their organization has a strong presence at the railway station and has been
trying to fulfill all the criteria. Such as, for him, they have already installed
audio cassette at the system of the Railways for the announcements.
Moreover, a Child Protection Committee has been formed in the NJP station
where the Station Master is the convener of the Committee. During the
Meeting GRP, RPF, NGOs, vendors, coolies, safai karmis, taxi drivers etc are
also part. Apart from that 2 drop-in centers have been set up and for instant
assistance children are also given shelter at GRP barracks for their protection
especially during night. The speaker pointed out that during the year 906
children were rescued and recovered out of which 40 cases were of trafficking.

He ended his session stating that it is necessary for us to adopt multi

stakeholder approach and it is through convergence only that we could combat
the crime.

Ms. Rangu Kanchenjunga Uddhar Kendra stated that the organization has
been working in Siliguri since 2004 and had been able to rescue around 700
children rescued from different parts of the country along with various NGOs.

Pointing to few of the challenges working in the field is the lack of appropriate
rehabilitation policy for victims especially victims of trafficking leading to social
stigma post rescue. Due to the incapability of the society in not being able to
accept the victims, overall well-being of the victim is obstructed after the
rescue. Referring to a case, she said sometimes it also leads to suicidal
tendencies of the victims. Therefore, she argued that it is very necessary for
looking at the rehabilitation part of the victim in order to reintegrate him/her
to the society.

Another challenge that arises is during court proceedings, recording of

statements, it is necessary for the judiciary too to be sensitive enough while
questioning victims of trafficking. Therefore, it is needed that the victim is
sensitively handled by PPs, Judges, and Magistrates etc. so that she does not
feel uncomfortable in answering the questions or should not lead to re-
victimization of the victim.

Another challenge according to her is the unavailability of Shelter Homes for

Girls in Darjeeling. Due to this, whenever any child or victim is rescued she
has to be taken to Cooch Behar for protective shelter. Sometimes they have
to request other organizations like CINI to shelter the victim for a few days
but due to the time taking procedures the stay gets extended which becomes
challenging on their part. She pointed out that due to awareness programs
throughout the villages they succeeded in forming Vigilance Committees at
the village level so that everyone can work together to combat the crime.

Moreover, she said that we need to come up with new strategies and also find
solution to rescue victims from brothels. According to her, 80% of Assamese
girls are being forced into prostitution in the red light areas of Cooch Behar.
Even though, known to the organization there are no ways to find the
trafficked girls and rescue them.

She urged everyone to join hands and together fight against the organized
crime.
Mr. Deep Bannerjee, Regional Manager, Shakti Vahini stated that Shakti
Vahini had been working in different parts of North Bengal focusing on
preventing trafficking in persons from the North Bengal region and also
reaching beyond it. According to him, the project had been organizing
sensitization programs in all the Police Stations with all the Police officers
educating them on various laws and provisions for child protection and crime
against women and children. The Police officials had also been given IEC
materials containing various bare Acts and court orders for their reference so
that they could implement the laws in the field.

Apart from reaching out the Police Department, according to the speaker they
have also been reaching out to the community making them aware of the
issue, how they should be alert and how to keep a vigil to prevent trafficking
of women and children. Thus, to him, the project has been empowering the
villagers with the knowledge on the issue and also linking them to the
mainstream stakeholders in the district so that they could directly reach out
to them at the time of need. They are also being asked to report any missing
child or woman’s case immediately when one goes missing and shares any
information if any, for speedy rescue or recovery.

According to him, the project had been able to reach out to the interiors of
the districts of North Bengal with its strong partnership with Police. He argued
that it has also helped in community policing wherein the gap between Police
and the community could be bridged by involving both parties in discussions,
sharing of data, experiences etc.

Thus, he concluded stating that convergence is important in order to combat

the crime of trafficking in persons.

QUESTIONS RAISED:

Question: It is seen that a large number of tea gardens have

succumbed to closure due to which it has led to indulgence of teenage
girls in prostitution willingly so that they could earn for their survival.
Do you think it has aggravated the situation? Is there any solution?

Answer: The situation was brought to light after it was reported by newspaper
agencies. The situation is serious and alarming and we should come up with
solutions to it. The first step could be reaching out directly to the community
to find out the problem and come up with solutions to address the same.
RECOMMENDATIONS:

1. Ms. Roshini Sen informed that proposal for Shelter Home in Darjeeling
has been passed and land has also been bought, the construction of the
building will take place soon. She also pointed out that the Dept. of
Women and Child Development & Social Welfare has also notified the
Observation Home operating in Siliguri to be turned into CNCP home.
2. She said that proposals had also been passed to form 2 Child Welfare
Committees in Darjeeling district, one in hilly region and one in plain
area.
3. Ms. Ministhy S. Nair recommended that the Urban Land Development
Authority could also be brought under the ambit through Supreme Court
orders or National Legal Service Authority in terms of land acquisition
and building of shelter Homes as according to her private sector groups
too could be linked for construction of Shelter Homes.
4. Awareness among medical establishments on the issue, as the entire
process of MLC is a longer process due to which the victims are required
to spend time in the hospital the whole night.
INAUGURAL CEREMONY OF MURAL, CITY CENTRE, SILIGURI

Apart from the discussions, the TIP Conclave included the inauguration of a
Mural, a painting created by Mr. Joel Bergner, a well-known US Based Muralist,
at City Centre Mall, Siliguri. Famous for his murals, street paintings, Joel
Bergner’s street paintings can be spotted across the globe, from the U.S. to
Brazil, Cuba, Kenya, Poland, Mexico, Mozambique, El Salvador, Cape Verde
and in the Middle East. Joel’s murals and canvases feature his trademark
eclectic mix of vibrant colors and intense imagery, exploring social topics and
presenting the stories of those who are marginalized by society. The main
objective of the mural at the Mall was to generate awareness for the common
public on the grave issue of human trafficking which has become a global
concern.

Mr. Craig Hall, Hon’ble US Consul General, US Consulate, Kolkata inaugurated

the mural which was followed by a tribal folk dance by a tribal dance group
from the Dooars Region of West Bengal and a dance movement therapy
performed by a group from Sanved organization.

Mr. Craig Hall, Consul General, US Consulate, Kolkata welcoming all to

the 5th Anti Trafficking in Persons Conclave being organized in Siliguri stated
that human trafficking is a global issue and it is necessary for everyone to
come together to jointly fight the organized crime. He welcomed Mr. Joel
Bergner, appreciated his phenomenal creation for delivering a wonderful
message on the entire story of human trafficking. Mr. Craig Hall argued that
trafficking in persons is happening all over the world and therefore is a global
issue. For him, the crime might not be visible but it is very much existing
amongst and within the communities and therefore, it is necessary that
people are made aware of the organized crime that is taking place. He thanked
Mr. Joel Bergner for coming up with such a beautiful painting which will help
everyone to gain knowledge and as well as understand the problem which is
growing as a menace in society. He therefore urged the crowd to share
knowledge on the issue of human trafficking and come together to fight
against the crime. He ended stating that we should try to remember
everything and carry them forward so that same could be shared and hence
try to combat the crime.

Mr. Joel Bergner thanking everyone for their presence in the inauguration of
his mural said that he looks forward to educating the general public on the
issue of human trafficking through his mural. He thanking his team for helping
him in the creation, that the same was inspired by the story of a trafficked
survivor and therefore depicts a message to the people informing them about
the entire process of human trafficking and the atrocities that the victims goes
through at the hands of the trafficking agents which functions in a close nexus.
Dr PM Nair, IPS Anti Trafficking Expert & TATA Chair Professor, TISS
Mumbai urged everyone to come together to fight back the global issue of
human slavery. He argued that it could only be combated when everyone joins
to fight the crime.

Ms Ministhy S, Special Secretary, Home Department, Uttar Pradesh

requested all the stakeholders to collaborate and work in unity to fight back
the organized crime.

Mr Kamal Saksena, , IPS, Secretary (Home) Uttar Pradesh argued, “As

the theme says Working Together to combat human trafficking, all of us should
come together to address the issue of human trafficking.” For him, it is very
necessary to generate awareness among the people about the ongoing
problem and thus the mural would be a medium to reach out the people at
large.

Mr Rajneesh Kwatra, Under Secretary, Ministry of Home Affairs,

Government of India argued that it is very necessary for civil society
organizations to align with the Government so that both can share ideas to
come up with new procedures to effectively address the issue as well as to
better implement the existing laws.
The inaugural ceremony was also accompanied by two dance performances,
one by a tribal folk group presenting a tribal folk dance from the Dooars region
of West Bengal. The group showcased the tribal folk dance performed in the
tea garden areas of the Dooars region which focused on the tribal culture of
the people living at those areas. The second performance was presented by a
group from Sanved, an organization which uses dance movements as therapy
used to empower survivors of various forms of exploitation and trafficking
being one of the same.

A thought board was also put up for the audiences to share their thoughts,
opinions or to express their knowledge or idea on the grave issue. Towards
the end of the ceremony, the audiences were invited to share the same and
used the board as a creative tool to put forth their insights on the issue of
human trafficking.
DAY II (Saturday, February 13, 2016)
SESSION I: YOUNG VOICES AGAINST HUMAN TRAFFICKING

List of Panelists:

 Mr. Dhawal Jain, IAS, BDO

 Ms. Tania Banerjee, Young Activist
 Ms. Saudamini Gupta, National Law School, Ranchi
 Mr. Baidnath, Diya Sewa Sansthan, Social Activist, Ranchi
 Ms. Payel Ghosh, LLM Student, North Bengal Law Department
 Mr. Raju Nepali, Founder Doaars Express Mail
 Ms. Bhagavati, Nepal

Moderator- Mr. Greg Pardo, Assistant Public Affairs Officer, U.S. Consulate
General Kolkata

Mr. Greg Pardo initiated the discussion requesting the panelists to provide a
brief about themselves and share as to how they gained interest in the field
of anti-trafficking.

Mr. Raju Nepali, Founder Dooars Express Mail said that Dooars region in
North Bengal is such a place that trafficking of children and women takes place
every day. One will find every mother crying for a missing child or so. Large
numbers of children are being trafficked from the region due to the poor living
condition of the families mostly on the pretext of good job and better life
opportunities. He informed that three missing cases of children were also
reported the same day too. According to him, the problem is huge; therefore
convergence is very much important. He urged the stakeholders to come
forward and join hands to fight back the crime together.

Mr. Baidnath, Diya Sewa Sansthan, Social Activist, Ranchi stated that
Ranchi is his native place but every district and every fourth house in the
districts is affected by trafficking in persons.

He informed that in 3 years 100 traffickers could be arrested in coordination

with NGOs, Jharkhand Police and also through inter-state coordination.
According to him, as the crime is organized, it is necessary for the
stakeholders to become united to work against the crime.

Ms. Saudamini Gupta, National Law School, Ranchi stated that change
is very much necessary, the problem of trafficking is very huge and therefore
it is necessary for all of us to come together especially the youth to bring
change and work together to fight the crime.
Mr. Dhawal Jain, IAS, BDO stated that in 2014 when he went through the
UN TIP Report, it gave him the idea of the scenario of Trafficking in Persons
and how India is one of the most affected country in case of trafficking.
According to him, Darjeeling is one of the most prone district and the tea
garden areas are very vulnerable to trafficking in persons. He said that it is
necessary that the policy makers address the issue and come up with
initiatives to combat the crime.

Ms. Tania Banerjee, Young Activist stated that North Bengal region is one
of the most prone region of human trafficking as men and women from the
region are trafficked to various other places in the country on the pretext of
better life opportunities. According to her, it’s high time for the Government
to come up with initiatives to prevent the crime.

Ms. Payel Ghosh, LLM Student, North Bengal Law Department stated
that role of youth is very important and therefore we should come together to
fight against the crime. According to her, we are the one who have to stand
up and speak on behalf of those who are deprived.

Why did you choose to go ahead or go deeper on the issue of human

trafficking? - Greg Pardo

Tania Banerjee: She shared an incident where her own classmate eloped
with a person she loved and after it was known that she was trafficked and
sold off to someone else. According to her, such incidents point to the fact
that trafficking does not only take place among uneducated or poor people
but anyone and everyone can be vulnerable to trafficking as in this case the
girl was an educated girl and also belonged to a good family.

According to her it is not always about lack of awareness or the district

administration not working on the issue but also to a lack of will. She said that
it is very much needed for all of us to come together and jointly work to
combat the crime. Moreover, rehabilitation is a big issue and therefore we
should try to link up with one another like, NGOs, Corporates, shelter Homes.
Link up the downtrodden sections with mainstream markets so that they
become direct beneficiaries of the sale of their goods.
How did you start working against Trafficking in persons?- Greg Pardo

Mr. Baidnath: In 2010 he attended various workshops and also followed news
clippings of cases of trafficking reported and took personal interest to work on
the issue. According to him, earlier there were hardly any reportings in
missing cases. In a study it was seen that only 25 cases were registered in 24
districts in 2010. Thus, according to him, he then on behalf of his organization
started reaching out to the people at the community and made them aware
on the issue and also assisted them in reporting cases. Not only that, in several
cases he came out to be the complainant in registering the case. Thus for him,
such initiatives led to registration of missing children cases to 189 FIRs in
2011. Collaboration of stakeholders too took place especially among civil
society organizations which led to creation of pressure on Police to work on
the cases.

According to him, the spirit of working against this crime led to the
identification and listing of 200 placement agencies by CID Jharkhand along
with civil society organizations and a raid was conducted in 2012 from where
more than 80 girls were rescued while arresting more than 26 traffickers. One
of the biggest achievements of Jharkhand Police was the arrest of trafficking
kingpins like Baba Bamdev and Panna Lal.

He stated that in collaboration with CID Jharkhand a missing Children Helpline

number has also been launched to address the issue where everyday cases of
missing children are being reported. Analysis of the cases points out that
around 78% children from poor economic background are most prone to
trafficking.
Initiation of campaigns, generating awareness among the communities,
strengthening the law enforcement agencies and collaboration among all
stakeholders are few steps to combat the crime. He also thanked the
Education Department of Jharkhand for including chapters on human
Trafficking in the school curriculum which will help in generating awareness
among the children too so that they do not become vulnerable to such crimes.

Mr. Raju Nepali: He shared a lifetime incident of a friend whom he met

through Yahoo messenger many years ago who gradually become so close to
him that she started to treat him as his big brother. Narrating the story, he
stated that it was his first encounter with trafficking in persons wherein the
girl was later trafficked to Mumbai for the purpose of commercial sexual
exploitation. According to him, that incident motivated him to pledge to fight
back the crime and since then has been working on the issue.

Ms. Bhagwati: She stated that she belonged to a Slum community in Nepal
and through an incident she got in touch with Shakti Samuha who took her
under shelter. According to her, she learned different dance forms and also
completed her education with the support of the organization and since then
had also been teaching different dance movements as a form of therapy for
trafficked victims to lead their life in a dignified way.

According to her, Kolkata Sanved’s unique Dance Movement Therapy (DMT)

curriculum trains survivors of trafficking, exploitation and abuse to become
peer educators, advocates, movement trainers and performers, enabling them
to lead lives of dignity and respect. She stated that, the organization worked
on the Western concept of DMT and applied Indian dance movements to create
a successful model to develop a new approach of ‘Sampoornata’ for psycho-
social rehabilitation and social transformation. She stated that they had been
conducting sessions in shelter homes, hospitals, government institutions,
schools and on railway platforms. Working in partnership with local and
international organizations, we have implemented our program in India,
Bangladesh, Nepal and Indonesia.

Thus, she said that slums are very prone to trafficking as it is an open space
and due to the vulnerability of the people living there, anybody could be easily
lured by traffickers. Therefore, to her Sanved has been working to generate
awareness among those communities and has also been working on the same
through campaigns, sensitization programmes, street plays and also through
dance therapy.
What do you think are the misconceptions related to human trafficking? –
Greg Pardo

There are two most important misconceptions:

1. Lack of Education: Trafficking does not take place due to lack of

education but due to lack of awareness.
2. NGOs will keep fighting and District Administration would keep
responding. But rather there is a need for constitution of Committees at
the community level itself so that people at the grassroots come
together and discuss the issue and come up with initiatives too. Student
committees could also be formed in the tea garden so that people are
sought out and educated on the issue

It was suggested that there is need for a Village level Committee rather than
coming up with new schemes. Through the committees it should be monitored
that the existing schemes are reaching the right people.
What are the tools that could be adopted to combat trafficking?- Greg Pardo

1. Database of Missing Children and time to time follow up on the cases.

Also follow-up of children restored back to family should also be taken
up from time to time.
2. There should be a chain of stakeholders so that each and every of them
are assigned with separate roles and responsibilities.
3. Use of social media such as facebook, whatsapp, twitter etc. for fast
sharing of information. But, it should be used with utmost sensitivity.
4. Awareness amongst people not only through pamphlets but also through
theatre groups, interesting films, mobile theatre groups.
5. Involve victims too in generating impact. This will help in creating
impact.
6. Reach out to the adolescent groups. Conduct workshops, programmes
as they are the most vulnerable groups.
SESSION II: RAISING AWARENESS AND CHANGING SOCIETY-ROLE OF
MEDIA, SOCIAL MEDIA AS PARTNERS IN COMBATTING HUMAN
TRAFFICKING

List of panelist:

 Mr Faizan Haider, Hindustan Times

 Ms Anwesha Bannerjee, EI Samay
 Ms Chandrima Bhattacharya, Telegraph
 Rashmi Mishra, Times of India, Raipur
 Ms Neeta Bhalla, Thomson Reuters
 Mr Kalyan Baruaha, North East Tribune, Assam Tribune
 I Love Siliguri -Social Media

Moderator – Ms. Shazia Ilmi – Former Journalist & Social Activist and Mr. Rishi
Kant, Social Activist, Shakti Vahini

Ms. Shazia Ilmi – Former Journalist & Social Activist pointed out to the
fact that the struggle of journalists continues and media advocacy is the need
of the hour. According to her, media should also be sensitized on the ways of
reporting sensitive cases for which the motive should not only to report the
case but also generate awareness among the common people on the growing
issue of trafficking.

She also argued that another important focus should be to promote youth
learning on the issue to report, write and take interest in such issues and
explore them. She said that the reporting of cases of trafficking is of utmost
importance and organizations should partner with the media for reporting such
cases as reporting of such cases would not only remain as a story but also
help in creating impact upon the society, politics, economy, judiciary, Police
and all other departments. Thus, young journalists should also be oriented on
the issue.

She then argued that another important area that should be focused on is the
language of reporting. For example, rather than using the term “victims”,
using the term “survivor” to bring positive reporting.

Again according to her, while reporting any case it is always the victims that
are focused upon rather than the perpetrators. Rather than reporting that one
X had been arrested for sexually exploiting someone, focus is on victim who
are also pointed out in the society and shamed for the incident in which she
was not at fault.

She then went on to state that partnership is very necessary. Media is an

important component in society and partnership with it is needed as no
breakthroughs can happen without media role. According to her, the fight is
not between men and women but against the organized crime to protect the
rights of people and uphold their dignity in society.

According to her, sensitization among reports are much needed as the way
they would portray a story, people intend to see through the lens of the
reporter and therefore intention should be to uphold the rights of the victims
and not to further victimizing them.

West Bengal is a major source area, please share your experience in reporting
cases of trafficking keeping in view the vulnerability of the state.- Mr. Rishi
Kant

Ms Anwesha Bannerjee, EI Samay stated that Ai Somoy featured a series

of trafficking cases in its newspaper which highlighted the issue of human
trafficking. This led to widespread awareness generation among the common
people as it featured various aspects of the organized crime followed by
sharing of various case studies. According to her, to feature the stories,
extensive research was conducted along with visits to various parts of the
states as well as to some of the destination areas. According to her, the
experiences helped them to understand the scenario of trafficking in West
Bengal and how poverty is one of the main reasons for trafficking in persons
from the state. She said that the procurer and the seller belong to the same
economic background and therefore it is needed that in order to address the
issue of trafficking, the issue of poverty should also be dealt with.

She said that the recent news regarding the closure of large number of tea
gardens is also an eye opening situation which has increased the vulnerability.
According to her, this has led to the involvement of minor girls into prostitution
by their own will as a medium to earn their livelihood.

These incidents are of great concern to be addressed as a serious issue to

come up with initiatives to fight it back.

She then went on to state that trafficking does not take place only for
commercial sexual exploitation. It also takes place for various other reasons
such as forced marriage, domestic work. Placement Agencies are also another
important phenomenon that the government should address. Reporting
against such agencies would help in bringing positive changes in combating
the crime.

What are the difficulties that arise during reporting of cases of human
trafficking?

Ms Chandrima Bhattacharya, Telegraph argued that we keep on reporting

case of human trafficking, about what had happened but what happens after,
that no one is concerned about. Referring to a case study she said, she said
after reporting about a rescue of a victim no one knows what happens to her
after that, it is on that part that sensitivity is required. As journalists, follow-
up should be one of the main agendas, after the repatriation of the victims,
situation back home, positive or not should also be brought to the notice of
the people. Please share your experiences as a journalist reporting in the
destination area. What are the challenges faced?
Mr. Faizan Haider stated that the biggest challenge for a reporter is lack of
space being provided for an article on human trafficking. According to him,
the problem was huge earlier as the Editors never entertained such reporting
but with increasing discussion on the issue the stories are likely to be reported.
However, according to him, as a journalist, apart from publishing stories and
articles on the issue, they can also take the initiative of making people aware
on the issue. Such as Delhi being a metropolitan state the need of domestic
help is huge which in turn have led to trafficking of young girls by illegally run
Placement agencies. We can reach out to the Resident Welfare Association
and sensitize them on the issue and through them link up with the larger
community to not entertain such Placement Agencies.

How difficult it was to report cases on Human Trafficking from Chhattisgarh?

Rashmi Mishra, Times of India, Raipur stated that initially the State
Government itself was not ready to accept that trafficking of children and
women are taking place from the state itself. Therefore, reporters like her had
to run from pillar to post to collect data and evidences to bring to light the
scenario of trafficking from Chhattisgarh. She, researched a lot on the issue
and collected data from various sources like NCRB and the data revealed
minimum statistics through which to educate people understand on the issue
posing a huge problem.
According to her, she had to meet victims and published stories from their
point of view. Initially the Media agencies and even journalists itself did not
accept her work.

But, for her gradually the scenario changed and the Government started
knowing about the issue. The state also became the first with an exclusive law
to regulate the illegally run Placement Agencies.

These led to reporting of cases which went viral in international media which
in turn also attracted foreign journalists to visit the places in Chhattisgarh and
document issues related to human trafficking.

She ended her session stating that there is a need for collaboration and
convergence and NGOs should accept Media as a positive partner and report
cases so that it could be reported further on the broader public forum.

Mr Kalyan Baruaha, North East Tribune, Assam Tribune argued that the
issue of human trafficking is yet to be fully addressed in Assam. He suggested
that such programs are also conducted in Assam so that the government
including various departments and media Agencies are brought together and
discussion on the issue takes place. According to him, the state is mostly
affected by natural calamities and also prone to conflict which in turn leads to
huge number of trafficking of children and women and it is a huge issue.
Therefore, there is an urgent need that the Assam Government is reached out
so that a discussion on the issue is come up with.

I Love Siliguri -Social Media argued that the Facebook page came up with
a unique idea to report any case good or bad taking place in Siliguri so that
people would remain connected and information is shared. With the motto,
the page was operating when they reported a case of missing girl and through
the page various links were found later helping in rescuing the victim from
Nepal.

Please share your experience on reporting cases in international media?

Ms. Neeta Bhalla, Thomson Reuters argued that space for reporting cases
of trafficking is not an issue in international media. According to her, reporting
of cases of trafficking is as much important as is climate change or any other
issue. According to her, as journalists they travel throughout the places in the
countries and collect data, collate it, meet survivors publish their stories so
that it reaches the larger public. Regional Media reporting should also be
promoted according to her.

Questions Asked?
Question: How do you secure the individuality of the survivors?

Answer: There are various guidelines in the law of the nation for sensitive
media reporting where the identity of the victims or survivors are kept secret
and are never shared. Also training programs with media representatives are
taking place throughout the country for sensitive media reporting. We also
provide separate rooms for survivors to choose as to when they are
comfortable for an interview, where they would want to give the interview.
The usage of camera also takes place sensitively.

Recommendations:

1. Networking with NGOs is necessary to collect stories on the issue.

2. Reporters should keep following-up reported cases and also report
successful stories after restoration or reintegration of victims after
rescue and come up with the challenges for the same.
3. Organize media Consultation at the State Level regarding sensitive
Media Reporting.
SESSION III: RECAPITULATION OF PARALLEL SESSIONS

 Mr Gaurav Bansal for Prevention of Human Trafficking through Skill

Development Initiatives in Vulnerable Areas
 Mr Satyajit Ghosh , Role of Technology in Tracking Missing Children
and Case Management Systems
 Mr Rakesh Senger , Strengthening Victim Support Systems
 Mr Rajeev Haldar , Role of Stakeholders in Ensuring Safe

Mr. Satyajit Ghosh pointed out that PLAN international has been working
on the issue of human trafficking through its programme Missing Child Alert
programme where main focus is on Prevention and Protection of children from
getting trafficked. According to him, working with the three countries- India,
Nepal and Bangladesh it has been seen that repatriation process is a problem
especially for victims belonging to Bangladesh.

Thus, to smoothen the process of repatriation, PLAN in association with DNET,

a Bangladesh based, had been developing a software named Repatriation
Information Management System (RIMS) which would help in the repatriation
process by collaborating various agencies under one web system.

According to him, due to the growing technology it should be based used in

the process of combating trafficking in persons.

Mr. Rakesh Senger pointed out that the panelists spoke about proper
counseling, legal aid during rescue and rehabilitation, creation of alternative
livelihood mechanisms, shelter homes reformation, community level
reintegration, networking with various stakeholders and victim friendly courts
as some of the efforts that could prove to be worthwhile initiatives in
strengthening the victim support systems.

Mr. Rajib Kumar Halder pointed out to the following recommendations

emerged during the parallel session I:

1. There is a need to have age and gender specific disaggregated data

of unsafe migration and trafficking victims for effective programme
planning, area specific interventions and impact assessment.

2. Review of safe migration, anti-trafficking and Child Protection

laws (ITPA, Juvenile Justice Act, 2015 and Inter-State Migration Act,
1929) for synchronization and coherent application. These set of
existing laws provide good opportunities to address the interlinked
 issues, both from prevention and response approach. The law
enforcement agencies and concerned stakeholders operate in silos.

3. The innovative application of laws by enforcement agencies and

judiciary with NGOs partnerships for safe migration and support to
vulnerable victims (especially children and women) – need to bring a
unified, actionable and convergent framework by putting together Anti-
Human Trafficking Units, Special Juvenile Police Units and CHILDLINE
service. This has been piloted at Diamond Harbour Police Station in
South 24 Parganas district by Child in Need Institute since the district
is known as high vulnerable and source area and proven to be a success
for its efficient and coherent actions within the law enforcement
agencies. This could be developed into a Child and Women Friendly
Police system . The WCD Ministry and West Bengal Home
Department have taken the initiative to roll out Child Friendly
Police Corners. Build such linkages with the Child Protection
Committees under ICPS of the WCD Ministry for community level
interventions for prevention and tracking of rehabilitation work.

4. Pre-departure instruments for safe migration could further be linked

to source area interventions by pro-active engagements of local self-
governance agencies.

5. Make available resources and support services of education of

children victims in languages / mother tongue of source areas at
destination points under Sarv Shiksan Abhiyan(SSA).

6. Establish linkages with the legal aid clinics and Para-Legal

Volunteers (PLVs) of the National Legal Services Authority (NLSA), SLSA
and DLSA in aid of vulnerable and those victims of unsafe migration and
trafficking under its scheme of anti-trafficking and juvenile justice
programme, 2015.

7. A model of Migration Resource Centre and Technology integration could

be established for prevention and safety at the district, block and local
governance level. Technology integration (for example the success of
G-Power project in West Bengal by CINI) could be replicated.

The issues of trafficking and unsafe migration are multi-dimensional in nature.

There is a clear call for convergent action at both Union Ministry (MHA, WCD,
Labor), State agencies and NGOs. A systematic, synergetic and well–
organized action at pre-and post-departure stage with access to
information for safe migration could prevent the risk of trafficking and
avoid violence against children and women that we all are striving for.

Mr. Gaurav Bansal: Skill Development is one of the mechanisms through

which trafficking in persons could be combatted. According to him, the Session
on Skill Development brought to light various initiatives taken up by
organizations such as NEDAN Foundation and IMPULSE Network. The main
idea of the concept is to reduce the vulnerability of the people from getting
trafficked and also to reduce migration from one place to the other in search
of better life opportunities. According to him, the points raised by panelist’
Digambar Narzary and Hasina Kharib was to develop the skills of the family
especially women on the resources available in their native places such as
weaving and link them up to the mainstream market so that they could earn
themselves too.
SESSION IV: KEY NOTE ADDRESS BY THE CHIEF GUEST, DR SHASHI
PANJA, HONORABLE MINISTER (INDEPENDENT CHARGE) , WOMEN
DEVELOPMENT &SOCIAL WELFARE , GOVT. OF WEST BENGAL

The Chief Guest in her Key Note Address raised the following points taken up
to address the problem of human trafficking:

1. All the stakeholders working in the field of Anti Trafficking should be

brought under one roof, one head so that each of them know what or
who is doing what; for example Government should know what NGOs
are doing and NGOs should know what the Government is doing.
2. According to her Trafficking in Persons itself leads and addresses a lot
of other issues such as Poverty, lack of employment facility, need for
Skill Development etc.
3. According to her, the Government of West Bengal had launched the
State Policy on Women Empowerment.
4. Launched the State Policy on State Plan of Action for the period of
2014-2018 to provide targets and indicators for child development and
protection.
5. In 2014 a consultation was organized which brought together various
stakeholders to discuss on the issue.
 6. Constituted the State Bengal task Force in November 2014 which
consists of members from the WCD Department, Govt. of West Bengal,
Intelligence Bureau, West Bengal Police, CID, JJB, CWC, CHILDLINE,
DCPU, NGOs etc. to address the issue of human trafficking and child
development and protection.
7. Inter State MOU between West Bengal and Bangladesh was signed as
to establish an inter-state linkage.
8. Constitution of State Advisory Committee chaired by the Minister
herself.
9. There is a need to work on the Prevention of trafficking in persons in
West Bengal for it being one of the most prone states. Therefore, a
directorate for Child Rights and Anti Human Trafficking has been formed
where members of the WCD, SCPCR, CWC, CHILDLINE, judiciary,
Panchayat bodies, Labour Departments etc. constituted a body to
address the issue on child development and protection.
10. In 2008 the software Track the Child was launched to address the issue
of Missing Children.
11. Training programmes for the Police Departments were organized to
sensitize them on various laws related to protection of children and
crime against women and children.
12. 12049 Child Protection Committees at the block level have been
constituted where children are also a part of the committee.
13. The Government is yet to come up with the Placement Agency
Regulation Act in partnership with the Labour Department.
14. SOPs on Human trafficking and Child Protection Systems are in its
formative stage.
15. Kanyashree Prakalp launched in 2013 by the Department which had
been a successive scheme and had been able to retain 34 lakh girls at
the school after the launching of the scheme till date.
16. Another scheme named Muktir Alo had also been launched for skill
development of girls who were the victims of trafficking.

The speaker concluded her key note address discussing a few success stories
by the Government of West Bengal which had been able to rescue various
victims from various places such as Delhi, Mumbai, Pune, Telangana,
Hyderabad, trafficked for various purposes. She stated that the Government
is ready to provide support and come up with initiatives to address the
problem of trafficking.
Mr. Ramen Deka, Member of Parliament, North East during his key note
address argued that Human Trafficking is the ultimate Violation of Human
Rights. It is an organized crime working under the web of various traffickers
which operate in a very organized manner and to break the chain of the
traffickers should be the primary focus of the stakeholders working in the anti-
trafficking movement.

According to him, North eastern states especially Assam are too prone to
trafficking of children and women. It serves as one of the most vulnerable
source area from which trafficking in persons takes place. According to him,
the states are vulnerable to trafficking due to its geographical location which
makes it prone and vulnerable. Poverty is another reason due to which
migration mostly takes place further leading to human trafficking.

According to him we need a dedicated force to work together and fight against
the crime which is possible only through convergence. NGOs, various
departments, State Governments, Ministries etc. should club to fight against
the organized crime.

He thanked the organizers for giving the opportunity to address the issue in
such a forum and said that he looked forward for positive outcome from the
discussions to combat the problem of human trafficking.
CLOSING CEREMONY: THE WAY FORWARD & VOTE OF THANKS

 Mr Ravi Kant, President, Shakti Vahini

 Mr Craig L Hall, Consul General, U.S. Consulate General Kolkata

Mr Craig L Hall, Consul General, U.S. Consulate General Kolkata

addressing the participants thanked everyone for their presence in the two
day conclave. He said that the Conclave remained as a welcoming platform
consisting participation from all the spheres, Ministries, Judiciary, State
Governments, Civil Society Organizations, Police Department, Media Agencies
etc. as per the theme Working Together to Combat Trafficking In Person a
strong partnership was built through the discussions, sharing of knowledge,
ideas, recommendations, suggestions and so on and so forth.

He thanked all the organizers and all the participants once again and said that
all the participants should work with the same zeal, same pace against the
crime which is a global issue and combat the organized crime through
convergence and collaboration.

Mr Ravi Kant, President, Shakti Vahini thanked all the participants, the
Hon’ble Consul General for his presence during the programme. Mr. Kant went
to thank all the organizers of the Consulate General, Kolkata for their great
support in organizing the Conclave. He thanked all the eminent speakers in
the sessions, the team of Shakti Vahini and the audience for being supportive
and making the event a grand success. Concluding his vote of thanks, Mr Kant,
promised to keep fighting against this evil, with full support and co-ordination
from various organizations and law enforcement agencies.
RECOMMENDATIONS OF THE TIP CONCLAVE SILIGURI:

1) Partnership between State Agencies as well as Inter-State Agencies

such as Government, Civil Society Organizations, Police Department,
Education Department, Women and Child Development Department,
Labour Department. Needs to be strengthened
2) Inter-state MOUs to be signed between various states such as West
Bengal, Jharkhand, Uttar Pradesh etc. which will help in building
partnership.
3) More partnerships between Civil Society and Border Agencies on Cross
Border Cases.
4) Creation of Witness Protection and Victim Protection mechanisms for
vulnerable witnesses.
5) Strengthen Law Enforcement, Child Protection mechanisms, and judicial
responses to Human Trafficking in High Source states.
6) Include the Education Department, Health Department, Labour
Department in the future TIP Conclaves as their presence is as important
for building a dialogue on the issue.
7) Organize Vernacular Media Consultation on Human Trafficking in High
Source States for increasing greater awareness on Human Trafficking.
8) Promote and encourage regional media reporting, training them on rights
based reporting. Partnership with media agencies should be
strengthened for reporting of trafficking related case.
9) Involvement of Panchayats in combatting Human Trafficking. Formation
of Village Level Committees so that a vigil could be kept that the benefits
of schemes developed or formulated for rural development reaches the
people living in villages.
10) States Governments should frame laws on Regulation of Placement
Agencies as they are unregulated and are indulging in large scale
trafficking.
11) To partner with Urban Land Development Authority through Supreme
Court orders etc. for construction of shelter Homes for children and
women in need of it.
12) Strengthen and Train Public Prosecutors. Need of Resource Agencies for
their support.
13) Creation of Data exchange mechanisms in missing children and
trafficked victims in cases of cross border human trafficking cases.
14) Awareness generation as well as effective implementation of the Victim
Compensation Act. Also creating facilitation mechanisms for easy access
to these schemes.
Honoring Ceremony of Government Officials
for their exemplary Contribution to Combat
Human Trafficking

For Lifetime Contribution to Combat Human Trafficking in India

Ms B Bhamathi , IAS Honoble Member ,Central Administrative

Tribunal, Mumbai Branch- As the Additional Secretary Home, Government
of India from 2011-2013 she led the institutionalizing of the Anti Human
Trafficking Units Across the Country. She led India’s response to Human
Trafficking by initiating Country wide training programme across India of
Police Officers, Judiciary, Prosecutors and Child Protection Officers. Was
instrumental in getting the Ratification of UN Protocol on Human Trafficking.
 For Exemplary Contribution to Combat Human Trafficking in India

Mr Kamal Saksena, IPS, Secretary (Home), Uttar Pradesh – He has

initiated State Wise Police training programme across the state of Uttar
Pradesh on Human Trafficking which has led to the Training of 5000 Police
Personnel. He has also initiated training programmes for Railway Police,
Prosecutors, Child Protection Officials, Women and Child Development
Officials. With his efforts the Government of Uttar Pradesh has included
Human Trafficking in Gangster Act which has strengthened the law against
Human Trafficking. With his efforts the registration of cases against human
traffickers has increased in Uttar Pradesh. Under his able leadership the Uttar
Pradesh Government has initiated the state Task Force to Combat Human
Trafficking.
Mr Anurag Gupta, IPS ADGP Special Branch, Jharkhand Police- Led
the Jharkhand Government response to combat Human Trafficking in the
period 2010-2014. Has been instrumental in prioritization of Human
Trafficking Response in the State of Jharkhand. Involved in Rescue of
hundreds of victims of Human trafficking in the period he was the IG
Organized Crime-CID. Initiated several training programmes across
Jharkhand of Law Enforcement Agencies, Prosecutors and Judiciary. Has
written several news articles on Human Trafficking.
Mr Kuldeep Singh , IPS – Inspector General of Police -Shastra Seema
Bal- In this crucial border region of India the Shastra Seema Bal under his
leadership has undertaken several initiatives to combat Human Trafficking.
Various training, sensitization & awareness programmes and involvement of
community groups have been initiated which has led to increased vigilance
in the border areas. NGOs have been enlisted across the region to partner
with Shastra Seema Bal. Several rescue operations have been initiated in
various border areas in the region. After the Earthquake in Nepal the SSB
maintained extra vigilance across the region which led to prevention of
Trafficking in the region.
Ms Ministhy S, Special Secretary (Home) IAS - Led the Uttar Pradesh
Government Response to combat Human Trafficking. Actively worked with
all SSP of Border Districts to ensure strict vigil across the Indo Nepal Border.
She also coordinated with Shastra Seema Bal in Uttar Pradesh and organized
several training programmes across the state. She has also initiated the
State Advisory Committee to Combat Human Trafficking in Uttar Pradesh.
has been involved in framing of Several SOPs on Women and Children in
Uttar Pradesh
Mr Avaru Rabindranath IPS - Superintendent of Police Alipurduar –
A 2009 batch IPS Officer since his appointment in West Bengal has initiated
anti human trafficking programmes in the district he has served as priority.
As SP of Jalpaiguri and Alipurduar he has initiated a vigorous campaign
across all Tea Gardens for involvement of Community Groups and Tea
Workers in the Prevention of Human Trafficking. He has also initiated several
training programmes across the two districts which has led to strengthening
of child protection systems.

Ms Sonam Yankeela Bhutia Inspector, Sikkim AHTU - Has been

involved with Sikkim AHTU since the last Four years. Has been involved in
Investigation of Several cases of Human Trafficking from Sikkim. Takes an
active interest in Investigation of cases of Human Trafficking.
REMEMBERING INDRANI SINHA, FOUNDER SANLAAP
MEDIA REPORTS- FIFTH TIP CONCLAVE SILIGURI