Power Point on Child Trafficking in 2015

Anshul Potnis and Rebecca Stokes
Internship Period at HAQ- January 2nd 2015 to February 20th 2015

CHILD TRAFFICKING: A SNAPSHOT
•June, 2013: “Government investigates many cases but the number of
prosecutions is low due to the overburdened court system”
•July, 2013: The Times of India reports that the “demand for maid
servants has increased and that the demand for girls of
marriageable age will be more intense in the coming years”
•February, 2014: “Parents and guardians in rural areas are unable to
find abducted children because they do not have enough
money”

CHILD TRAFFICKING: A SNAPSHOT
• November, 2014: It is acknowledged that “Culturally, child
labour does not constitute human trafficking and is not
considered a serious offence in India”
• December 23, 2014: a “head constable was caught in a
brothel”
• January 3, 2015: a man is arrested in the process of smuggling
three children out of Manipur”

PRESENTATION OVERVIEW
Part one: Trend Analysis
Part two: The law and policy as they
currently stand
Part three: Questions and Further
Research

TREND ANALYSIS
National Crime Records Bureau
Table-6A(A)
Crime head-wise incidence of various crimes under human trafficking during 2009
- 2013 and percentage variation in 2013 over 2012
Sl.
No.
Crime head
Year
Percentage
variation in
2013 over
20122009 2010 2011 2012 2013
1.
Procuration of minor girls (Sec. 366-A
IPC)
237 679 862 809 1,224 51.3
2.
Importation of girls from foreign
country (Sec. 366-B IPC)
48 36 80 59 31 -47.5
3.
Selling of girls for prostitution (Sec.
372 IPC)
57 130 113 108 100 -7.4
4.
Buying of girls for prostitution (Sec.
373 IPC)
32 78 27 15 6 -60.0
5.
Immoral Trafficking (Prevention) Act
1956
2,474 2,499 2,435 2,563 2,579 0.6
Total 2,848 3,422 3,517 3,554 3,940 10.9
The total number of cases
registered under these heads of
human trafficking has shown an
States/UTs wise cases registered
during 2012 are given at Table
6A(C).

TREND ANALYSIS
National Crime Records Bureau
2851
3422 3517 3554
3940
0
500
1000
1500
2000
2500
3000
3500
4000
4500
2008 2009 2010 2011 2012 2013 2014
Number of Humans
Trafficked
Year
Incidence of Human Trafficking
Incidence of Human Trafficking

Kidnapping And Abduction Cases That Qualify As Cases Of Child
Trafficking
Year / 
 Purpose of
kidnapping and
abduction
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Adoption 21 15 41 23 36 34 44 37 62 46 111
Begging 6 20 19 24 13 17 30 34 45 29 44
Illicit Intercourse 383 414 501 676 649 825 765 749 1373 1113 2910
Marriage 1369 1593 1693 2621 3224 4003 4177 5193 8409 10572 14242
Prostitution 58 101 117 148 130 130 165 93 137 143 60
Selling body
Parts
0 1 3 1 0 0 0 0 0 0 0
Unlawful activity 109 92 58 30 84 138 219 160 222 270 382
Slavery 6 16 4 15 35 32 49 26 24 5 19
Sale 13 13 9 11 12 14 39 51 166 54 49
SUM TOTAL 1965 2265 2445 3549 4183 5193 5488 6343 10,438 12,232 17,817
Source: Crime in India Publications, National Crime Records Bureau

MISSING CHILDREN
3.25 lakh children went missing between 2011 and 2014 (June),
averaging nearly 1 lakh children per year
Source: Deeptiman Tiwary, One lakh children go missing in India every year: Home
Ministry, The Times of India, 7 August 2014. Available at:
http://timesofindia.indiatimes.com/india/One-lakh-children-go-missing-in-India-every-
year-Home-ministry/articleshow/39779841.cms

PENDENCY OF CASES WITH THE POLICE
• 40.5% of cases of kidnapping and abduction of women and girls
• 43.2% of ITPA cases
• 48.7% of cases of procuration of minors for immoral purposes
• 75.4% of cases of buying minors for prostitution
• 64.9% of cases of selling minors for prostitution
Source: NCRB, Crime in India 2013, Table 4.3 - Percentage of IPC Crime Cases
Disposed Of By Police During 2013; Table 4.7 - Percentage Of SLL Crime Cases
Disposed Of By Police During 2013; and, Table 6.5 - Percentage Disposal Of
Cases By Police For Crimes Committed Against Children During 2013

PENDENCY WITH THE COURTS
• 87.7% cases of kidnapping and abduction of women and girls
• 87.3% cases of ITPA
• 88% cases of procuration of minors for immoral purposes
• 95.4% cases of buying minors for prostitution
• 93.9% cases of selling minors for prostitution
Source: NCRB, Crime in India 2013, Table 4.11 - Percentage Of IPC Cases Disposed
By Courts During 2013; Table 4.15 - Percentage of SLL Cases Disposed By Courts
During 2013; and Table 6.8 - Percentage Disposal Of Cases By Courts For Crimes
Committed Against Children During 2013

RATE OF CONVICTION
• 21.3% for kidnapping and abduction
• 41.2% for ITPA cases
• 7.6% for procuration of minors
• 0% for buying minors for prostitution
• 26.1% for selling minors for prostitution
Source: NCRB, Crime in India 2013, Table 4.12 - Conviction Rate Of IPC Crimes During
2013; Table 4.16 - Conviction Rate Of SLL Crimes During 2013; and Table 6.8 -
Percentage Disposal Of Cases By Courts For Crimes Committed Against Children
During 2013

INTERNATIONAL LAW ON TRAFFICKING OF
MINORS
International Legal Instruments Status of
Ratification/Signature/Adoption
Convention on the Rights of the
Child
Two optional protocols:
1. The Sale of Children, Child
Prostitution and Child
Pornography
2. Involvement of Children in Armed
Conflict
India has ratified
India has made three reports to the
Committee
United Nations Convention against
Transnational Organised Crime
Option Protocol to Prevent, Suppress
and Punish Trafficking in Persons,
Especially Woman and Children
India has ratified

Slavery and Trafficking
International Agreement for
Suppression of White Slave Traffic,
1904
Declared Applicable to India at the time
of transfer to the Secretary-General
International Convention for
Suppression of White Slave Traffic,
1910
Declared Applicable to India at the time
of transfer to the Secretary-General
International Convention for the
Suppression of the Traffic of the
Women and Children, 1921
RATIFIED on 28 June 1922 with
reservations on age on Article 5
Slavery Convention, 1926 RATIFIED in 1954
Supplementary Convention on the
Abolition of Slavery, Slave Trade and
Institutions and Practices of Slavery,
1956
SIGNED on 7 September 1956
RATIFIED on 23 June 1960
Convention for the Suppression of the
Traffic in Persons and of the
Exploitation of the Prostitution of Others
1951
SIGNED on 9 May 1950 and
RATIFIED on 9 January 1953

Slavery and Trafficking (Contd.)
Convention against Transnational
Organised Crime, 2000
SIGNED on 12 December 2002
RATIFIED on 5 May 2011
Protocol to Prevent, Suppress and
Punish Trafficking in Persons,
Especially Women and Children,
supplementing the Convention against
Transnational Organized Crime
SIGNED on 12 December 2002
Labour
ILO Convention No. 29 (Forced Labour,
1930)
RATIFIED on 30 November 1954
ILO Convention No. 87 (Freedom of
Association and Protection of Rights,
1948)
NOT RATIFIED
ILO Convention No. 98 (Right to
Organise and Collective Bargaining
Convention, 1949)
NOT RATIFIED

Labour (Contd.)
ILO Convention No. 100 (Equal
Remuneration Convention, 1951)
RATIFIED on 25 September 1958
ILO Convention No. 105 (Abolition of
Forced Labour, 1957)
ILO Convention No. 111 (Discrimination
(Employment and Occupation
Convention, 1958)
ILO Convention No. 138 (Minimum Age
Convention, 1973)
NOT RATIFIED
ILO Convention No. 182 (Worst Forms
of Child Labour, 1999)
NOT RATIFIED
International Convention on Protection
of Rights of All Migrant Workers and
Members of their Families, 1990
NOT SIGNED

Drugs and Substance Abuse
Single Convention on Narcotic Drugs,
1961, as amended by the Protocol
amending the Single Convention on
Narcotic Drugs, 1961
SIGNED on 14 Dec 1978
Convention on Psychotropic
Substances, 1971
ACCEEDED on 23 Apr 1975
United Nations Convention against Illicit
Traffic in Narcotic Drugs and
Psychotropic Substances, 1988
ACCEEDED on 27 Mar 1990
SOME RELEVANT HAGUE CONVENTIONS
Convention on Protection of Children
and Cooperation in respect of Inter-
country Adoption, 1993
SIGNED on 9 January, 2003 and

International Legal Instruments Status of Ratification/Signature/Adoption
REGIONAL CONVENTIONS
SAARC Convention on Preventing and
Combating Trafficking in Women and
Children for Prostitution, 2002
SIGNED on 5 January 2002 at the
Eleventh SAARC Summit in Kathmandu
on 4-6 January 2002
SAARC Convention on Regional
Arrangements for the Promotion of Child
Welfare in South Asia
SIGNED on 5 January 2002 at the
Eleventh SAARC Summit in Kathmandu
on 4-6 January 2002

CURRENT LAW AND POLICY ON CHILD
TRAFFICKING
National Legislation
Principal Mechanisms per the NCRB
1. Indian Penal Code 1873
 Section 366A: Procuration of minor girls
 Section 366B: Importation of girls
 Section 372: Selling of girls for prostitution
 Section 370: The offence of trafficking
 Section 370A: Trafficking for purposes of sexual exploitation
2. Immoral Traffic Prevention Act 1956
3. Criminal Law (Amendment) Act 2013

TRAFFICKING
Other Relevant Legislation
1. Juvenile Justice (Care & Protection) Act 2000
2. Child Labour (Prohibition and Regulation) Act 1933
3. Bonded Labour System (Abolition) Act 1976
4. Right of Children to Free and Compulsory Education Act
2009
5. Narcotic Drugs and Psychotropic Substances Act 1985
6. Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act 1988
7. Young Persons Harmful Publications Act, 1956
8. Transplantation of Human Organ Act, 1994
9. Prohibition of Child Marriage Act 2006
10.Protection of Children from Sexual Offence Act 2012

TRAFFICKING
Relevant Judgments: Missing Child Procedure
1. Horilal v Commissioner of Police, Delhi & Ors Writ
Petition (Civil) 14.11.2002 [Supreme Court of India]
2. Bachpan Bachao Andolan v Union Of India & Ors Writ
Petition (Civil) No.75 of 2012 [Supreme Court of
India]

TRAFFICKING
Relevant judgments:
Victim Assistance/Witness Protection
• State of Punjab vs. Gurmit Singh [Supreme Court, 16
January 1996]
• Sakshi v. Union of India (2004) 6 SCALE 15

TRAFFICKING
Relevant judgments:
Child Welfare Committee as having the “final say”
• Delhi High Court Legal Services Committee vs.
UOI & Ors. {WP (C) 9767 of 2009}
• Munni vs. State of Maharashtra {Criminal Writ
Petition No. 227/2011 (Bombay High Court)}

TRAFFICKING
Noticeable Trends in Judgments
• Public Interest Litigation
• Declaratory Relief
• Victim-centred, human rights based
approach
• Social Justice Courts

RECENT ORDER: BACHPAN BACHAO ANDOLAN
Date: Tuesday 13 January 2015
Matter: Bachpan Bachao Andolan v Union of India
W.P.(C) No. 906/2014 [Social Justice Bench: Justice
Lalit & Lokur]
Order: Nodal Officer will be the Secretary of the Ministry
of Woman and Child Development

Order: Missing Child Website
• An order to update the website
www.trackthemissingchild.gov.in

Order: SOP’s
•The Secretary of Women and Child
Development to make a
compilation of all current SOP’s

Orders: Juvenile Justice (Care and Protection of Children) Act 2000
•Secretary of the MWCD will inform the court
about whether the Advisory Committee
mandated under the Juvenile Justice (Care
and Protection of Children) Act 2000, has
been set up in all the states and the Union
Territories

Orders: National Commission for Protection of
Child Rights (NCPCR)
•The Secretary of the MWCD will also take
“urgent steps” to fill the vacancies in the
National Commission for Protection of Child
Rights
•Main members include: a Chairperson and 6
members of the commission

TRAFFICKING
Anti-Human Trafficking Units: A Case Study
Source: India Country Assessment Report (2013) UN
• 225 AHTU’s across the country as of August 2012
with a financial support of Rs 17,05,50,00 (Approx.
USD 307,000).
• Success stories: Andhra Pradesh
• Problem areas: Madhya Pradesh

TRAFFICKING
Anti-Human Trafficking Units: A Case Study
Delhi: 12 AHTU’s established
The AHTU has conducted 1532 rescues
in the year 2011-12

TREND ANALYSIS
Standard Operation Procedures: United Nations Office on Drugs and Crime (2007)

TREND ANALYSIS
Standard Operation Procedures: Office of the Commissioner of Police for Delhi (2011)

TREND ANALYSIS
Standard Operation Procedures: Ministry of Home Affairs (2012)

TREND ANALYSIS
Standard Operation Procedures: Bachpan Bachao Andolan v Union of India (2012)

TREND ANALYSIS
Standard Operating Procedures: Comparisons
• Escalation of information
• Information sharing and accuracy
• Consideration of trafficking
• FIR
• Post-rescue investigation

VICTIM COMPENSATION
S. No. Year of
the
Scheme
State Rape / Severe
mental agony
caused due to
rape
Penetrative/
Aggravated
Penetrative
Sexual
Assault
Sexual/
Aggravate
d sexual
assault
Sexual
harassm
ent
Pornogra
phy
Unnatu
ral
Offence
Human
Trafficking /
Severe
mental agony
caused due to
human
trafficking
1. Andhra Pradesh
2. 2012 Arunachal Pradesh 50,000 10,000
3. 2012 Assam 1,00,000 15,000
4. 2011 Bihar 50,000 25,000
5. 2011 Chhattisgarh 50,000 20,000
6. 2012 Goa 10,00,000
10,00,000
7. 2013 Gujarat 1,00,000 25,000
8. 2013
(amended
2014)
Haryana 3,00,000
9. 2012 Himachal Pradesh 50,000 50,000 24,000
10. 2013 Jammu & Kashmir 3,00,000
1,00,000
11. 2012 Jharkhand 50,000 10,000
12. 2011
(amended
2012)
Karnataka 50,000 10,000
13. 2014 Kerala 3,00,000 50,000
14. Madhya Pradesh
15. 2011 Meghalaya 50,000 25,000

16. 2011 Manipur 30,000 10,000
17. 2011 Meghalaya 50,000 25,000
18. Mizoram
19. 2012 Nagaland 1,00,000 1,00,000
20. 2012
(amended
2013)
Odisha 1,50,000 50,000 20,000 20,000 10,000
21. Punjab
22. 2011 Rajasthan 3,00,000 25,000
23. 2011 Sikkim 1,00,000 50,000
24. 2013 Tamil Nadu 3,00,000 1,00,000
25. 2012 Tripura 50,000 20,000
26. 2014 Uttar Pradesh 2,00,000/
1,00,000
2,00,000/
1,00,000
27. 2013 Uttarakhand 2,50,000 1,00,000
28. 2012 West Bengal 30,000 10,000
29. 2012
(amended
2013)
Chandigarh 3,00,000 50,000
30. 2012 Dadra & Nagar
Haveli
2-3,00,000 50,000
31. 2012
(amended
2013)
Daman &Diu 2-3,00,000 50,000
32. 2011 Delhi 2-3,00,000 50,000
33. 2012 Lakshdweep
34. 2012 Puducherry 2-3,00,000 50,000

QUESTIONS/FURTHER RESEARCH
1.Standard Operating Procedures for missing
children (SOP’s) – implementation in the states
and challenges posed by multiplicity of SOPs and
Advisories on similar issues
2.Existing data and data sources
3.NCRB Website
4.Establishment and Integration of AHTU’s

5. Disparity between labour and trafficking
laws
6. Legal aid and victim compensation
schemes for victims of child trafficking
7. Child Welfare Committee as having the final
say

8. The role of Special Officer per ITPA, JJA, various
Advisories etc.
9. What is the status with respect to
implementation of Bonded Labour Orders and
the rehabilitation scheme ordered in Bandhua
Mukti Morcha v Union of India and others
(1984)

10. Sealing of brothels – an implementation issue (s
18 ITPA) and repercussions if any
11. Structures and mechanisms under the ITPA - are
there special courts, special PPs, special officers,
etc. and are they functional?
12. Structures and mechanisms under the JJA and
ICPS – SJPUs, CWCs, SARA, SAA, after care,
children’s homes for girls and boys etc. and are they
functional?

13. Children’s Courts – do they exist, are they
functional?
14. POCSO Courts – do they exist, are they same as
Children’s Courts, any government notification in this
regard, are they functional, how are they different
from regular courts?
15. Role of SCPCRs in monitoring implementation of
laws relating to child trafficking

PUBLICATIONS
Child Trafficking: A User Manual for Lawyers, HAQ Centre for Child Rights 2001
Combating Child Trafficking: A User’s Handbook, Campaign Against Child Trafficking, HAQ: Centre for
Child Rights 2007
Nation Commission For Protection Of Child Rights (NCPCR) the First Six Years (2007-2013)
Trafficking Women and Children for Sexual Exploitation: Handbook for Law Enforcement Agencies in
India [revised edition 2007], UNIFEM, United Nations Office on Drugs and Organised Crime 2007
Manual for Training Police On Anti Human Trafficking, United Nations Office on Drugs and Crime,
Government of India 2008
Training Manual for Prosecutors On Confronting Human Trafficking, United Nations Office on Drugs
and Crime, Government of India 2008
Anti-human trafficking manual for criminal justice practitioners, United Nations Office on Drugs and
Crime, New York 2009
NCRB – Compendium’s for Years 2010-2013
Twenty Years of CRC: A Balance Sheet Volume I-III, HAQ: Centre for Child Rights 2011
INDIA Shadow Report: To the Third and Fourth Combined Report on the UN Convention on the Rights
of the Child Submitted by CRC 20 BS Collective July 2012, Updated
India Country Assessment Report: Current Status of Victim Service Providers and Criminal Justice
Actors on Anti Human Trafficking, A review commissioned by UNODC (May 2013), United Nations
Office on Drugs and Crime

Power Point on Child Trafficking in 2015

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