Presentation

on
Fostering cooperation between NREMs
and State and non-State actors in
destination, transit and source countries

Ministry of Home Affairs

Government of India
 India: An overview

Seventh largest country in the world

Second most populated country > 1.2 billion
29 States and 7 Union Territories
Shares borders with 6 countries in Asia
Sex ratio- 933 females per 1000 males
56.9% population is between 15-59 years old
Largest parliamentary democracy
 3
Constitutional Provisions Against
Human Trafficking

Trafficking in Human Beings or Persons is

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

'Traffic in human beings, beggar and other

similar forms of forced labour are prohibited
and any contravention of this provision shall
be an offence punishable in accordance with
law'.
 Strategy to tackle Trafficking
PREVENTION PROTECTION PROSECUTION

Deal with Root causes; Enforcement Criminalisation;

Education, Assistance; Investigation;
Unemployment,
Empowering Sensitization of
Poverty
Victims; Stakeholders
Awareness Raising;
Human Rights International
Sound Policies Based Approach Cooperation

Rescue, Rehabilitation & Reintegration in the society

 Human Trafficking -
Multiple dimensions, Many agencies

Ministry of Home Affairs deals with criminal laws connected

with trafficking
Ensuring the enforcement of the various criminal legislations and
International and Regional Conventions

Ministry of Women & Child Development ; Ministry of

Labour & Employment; Min Rural Development, MHRD
NGOs; Multi-lateral agencies deal with socio-economic dimensions
Rehabilitation of victims
Empowerment of vulnerable sections of the society

State Governments and NGOs

The punitive & ameliorative measures related to the criminal activity of THB is the
primary responsibility of State Governments
Police and Public Order are State subjects
 6

Indian National Legal Framework

Criminal Law (Amendment) Act, 2013.

Immoral Traffic (Prevention) Act, 1986 (being
amended).
Indian Penal Code (select provisions).
Child Labour (Prohibition and Regulation) Act
1986.
Juvenile Justice (Care & Protection of Children)
Act, 2000.
Prohibition of Child Marriage Act, 2006 and
POCSO 2012.
 7

National Policies and Plans

National Child Labour Policy.

National Plan of Action to combat trafficking and

commercial sexual exploitation of women and children.

National Policy for the Empowerment of Women.

National Plan of Action for Children.

Integrated National Plan of Action to Prevent & Combat

Trafficking of Human Beings
 8

COMMISSIONS

National Commission for Human Rights.

National Commission for Women.

National Commission for Protection of Child

Rights.

National Commission for SCs & STs.

 9
International Conventions and
Legal Instruments
Convention on the Rights of the Child (CRC) and its Optional Protocols
(Sale of Children, Child Prostitution & Child Pornography) [Ratified]

Convention on Elimination of all forms of Discrimination against

Women (CEDAW) [Ratified]

UN Convention Against Transnational Organized Crime (UNTOC) and its

protocol on trafficking [Ratified].

Protocol to Prevent, Suppress & Punish Trafficking in Persons,

especially Women & Children supplementing above Convention
[Ratified].

SAARC CONVENTION ON PREVENTING AND COMBATING

TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION
 Role of Central Government
Prevention
Advisory to States regarding constitution of the State Advisory
Committee/ Nodal Officers for preventing & combating trafficking of
women and children for commercial sexual exploitation

Implementation of legislations prohibiting Trafficking in Human

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

Integrated National Plan of Action to Prevent & Combat Trafficking of

Human Beings, with Special focus on Women and Children
 Role of Central Government
Rescue and Rehabilitation
MHA has advised police and other law enforcement agencies to adopt
a victim centric approach and leverage schemes such as Swadhar
shelter homes, UJJAWALA etc. for

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

Vocational Training and Skill Up Gradation through Skill Development

Mission (National Council for Skill Development) and Sabla Scheme
for Adolescent Girls

Adolescent boys and girls of vulnerable groups

Women Self-Help group by Impulse and Gap. Inc

Ministry of Labour & Employment has developed a detailed protocol

for prevention, rescue, repatriation, rehabilitation and reintegration of
migrant and trafficked child labour which has been issued to all State
Governments for implementation.
 Institutional Mechanisms to
Tackle Trafficking
Institutional Mechanism in terms of Central and State Nodal
Authorities. All States/UTs have established State/District
levels structures for anti-trafficking

Central Nodal Authority in the Centre and State Nodal

Authorities in the States for preventing and combating
offence of trafficking.

Its Functions include :

Coordination
Investigation
Rescue and rehabilitation
Judicial support
Cooperation and research training
 MHA plays a coordinating role
Establishment of the Anti-Human Trafficking cells in MHA and the states
as nodal agencies for combating human trafficking in a holistic manner

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

Co-operation and coordination against Human Trafficking internationally

Joint project with UNODC
Cooperation with SAARC

Regular Monitoring and co-ordination

Various comprehensive advisories on preventing crime of human trafficking, on Human
Trafficking as organised Crime, SOP to handle trafficking of children for child labour, etc
have been issued to all States/UTs
NCRB is collecting data on crime of human trafficking and a new chapter has been added
in its annual publication Crime in India
MIS proforma for monitoring actions taken by State Governments against Human
Trafficking has been provided to states for updation every quarter.
 MHA- Comprehensive Anti-Trafficking
Scheme for Strengthening Law Enforcement

A Comprehensive Scheme for Strengthening Law

Enforcement Response to Trafficking in Persons in India

The scheme consists of Training of Trainers (TOT)

Programme and Establishment of Anti Human Trafficking
Units (AHTU)

Coordination meetings are held with all State

Governments and UT Administrations for Effective
Implementation. Very positive Outcome.

The Scheme is being re-formulated and to be extended

throughout the country.
 Anti Human Trafficking Units Scheme
Take up the crusade against all aspect (prevention, protection and
prosecution) of the crime of human trafficking by creating an institutional
mechanism and working across all the stakeholders i.e. police, prosecution,
NGOs etc.

Capacity building and training of police & prosecution personnel, judiciary

especially at the grass root level to improve the law enforcement response to
the organized crime of human trafficking,

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

Functioning as the grass roots units for collection & development of an

exhaustive database on all law enforcement aspects of the crime, to be shared
with DCRB, SCRB and National Crime Records Bureau.

Facilitating linking of reports of Missing Persons with probable cases of

trafficking and ensuring effective investigations.
Integrated Anti-Human Trafficking
Units (AHTUs)

Under MHA scheme, 225

AHTUs established.
68 AHTUs established with
UNODC scheme
All AHTUs are functional.
Ministry of Home Affairs
(Anti Trafficking Cell)- effective coordination

Role and Functions

Acts as focal point for communicating various
decisions and follow up on action taken by the State
Governments.
To interface with other Ministries and NCRB in the
collation and dissemination of information.
To monitor action taken by the State
Governments/UTs for combating the crime and
organizing coordination meetings with the Nodal police
officers of States/UTs.
New web portal launched in 2014 to enable better
and swifter coordination between State & non State
actors

.
 19

Criminal Law (Amendment)Act 2013

Criminal Law(Amendment) Act 2013 has come

into force wherein Section 370 of the IPC has
been substituted with Section 370 and 370A of
IPC which provide for comprehensive measures
to counter the menace of human trafficking
including trafficking of children for exploitation in
any form including physical exploitation or any
form of sexual exploitation, slavery, servitude, or
the forced removal of organs. Human Trafficking
has specifically been defined in the Act.
 Crime and Criminal Tracking and
Network System (CCTNS) Key Features
Central Sector Scheme of Rs. 20,000 Million
(US$ 500 Million) with 100% GOI funding
A Mission Mode Project (MMP) under National eGovernance
Plan

Covers 14,000 Police Stations in 35 States/UTs

Covers 6000 higher Police Offices/ Police HQs/ GOI Offices

Networks State Crime Record Bureaus & National Crime

Record Bureau (NCRB)

Critical interfaces with Citizens/Government/ other entities.

20
 Central Advisory Committee
High-level Committee to Combat Trafficking for Commercial Sexual
Exploitation

Members include relevant Ministries/Departments, State Govts, Law

Enforcement Agencies, International Organizations, reputed NGOs.

Meets regularly to deliberate on various aspects on trafficking and

advises the Government.

Developed Blue Print for Action

Inter-State Rescue
Prevention,
Rehabilitation,
Health,
Legislation
Management Information System.
 MHA Links with Non-State Actors

UN agencies to counter human trafficking through joint

projects, for example UNODC, UN Women and SAARC

Explores with the Private Sector

Non Government Organizations

Projects undertaken:

Vocational Training and Skill Up Gradation for Adolescent Boys and Girls
Vocational Training and Skill Up Gradation for Women Self-Help Group from 22
Vulnerable Communities in Mewat Region, Haryana by Impulse and Gap. Inc.
 Coordination with other countries

Bilateral treaties and MoUs, like latest (May 2014) MoU

between India and Myanmar on border cooperation

SAARC level initiatives- Training and capacity building incl.

study tours

Standard Operating Procedures (SOPs) on better

cooperation to address repatriation of victims with
Bangladesh, Bhutan and Nepal

Task Force between India and Bangladesh to counter

human trafficking
 Cooperation with SAARC

Standard Operating Procedures for implementation of the provisions of the SAARC

Convention prepared by the Government of India have been ratified by all member
states in May 2009.

For implementation of SAARC Convention, Regional Task Force of SAARC

has been constituted and Five meetings of Regional Task Force of SAARC
have been held so far.

A toll free number has been institutionalized by India & communicated to the
SAARC Secretariat.
Child Help Line: 1098
Women Help Line : 1091
Data collection and data sharing mechanism amongst member states is being
devised

Harmonization and strengthening of national legislations against Human Trafficking

Sharing of best practices in preventing and combating Human Trafficking

 The Law Enforcement Agencies in
the Region cooperate for
Taking joint initiatives in preventing human trafficking
across borders, especially from a human rights
perspective.

Sharing of intelligence on offenders, their linkages/details

and facilitate their transfer required by the law enforcement
agencies,

Sharing of database among the corresponding agencies,

Sharing of good practices and developing the best tools

and methods of addressing the issues and
Let us all join hands

Thank You