CENTRAL ADVISORY COMMITTEE ON TRAFFICKING- 24TH MAY 2012

Challenges Faced by the NGO (CSOs- Civil Society Organizations) in anti-human trafficking (AHT) work- on rescue and rehabilitation aspects of trafficking

PRITI PATKAR, PRERANA (MUMBAI)

RESCUES:

Rescues happening more in cites /metropolises not in small cities or rural areas.

During rescue there is ambiguity on who all are to be rescued and who all is to be taken into custody- Pune case (Section 15(4))

Those who are apparently the victims are to be taken into protective custody and steps taken according to the procedures laid down in the law, manuals, or the R & R.

RESCUES:

Mumbai case where an orphan child got rescued because the Magistrate asked whether the police had taken all present in the brothel into custody.

I recently heard some organizations work on anti trafficking issue also not agreeable that all present at the site (brothel) are to be rescued- At our end let’s spend time to clarify this point.

RESCUES:

Statements made by women that they are here on their own--- We conclude that these are not trafficking victims but “sex workers”. We need to visit section 5 of ITPA

Indian legal system, Govt of India, or any state government has not yet recognized the sex trade as ‘work’ and hence any such claim is as of today not supported by law.

RESCUES:

The ITPA and the Indian Legal system do presume that a woman may sell (i.e. against money or material in return) her bodily sex to a man. It is not considered a punishable act. What the law punishes is the organized sex trade i.e. making a regular trade out of it. Hence it punishes activities such as brothel keeping, pimping, providing infrastructure. In this situation a victim woman is not to be punished when found violating the above two provisions (i.e. soliciting in public and prostituting in 200 meters). That is the purpose of Sec 10.

RESCUES:

A woman who is voluntarily engaging in selling her bodily sex is to be punished for violation of these two provisions ( i.e. soliciting in public and prostituting in 200 meters)

Interstate rescues: The recent Delhi case: Lawyers intervened and all the accused women were “released”. Such cases need to be studied carefully. This will give us a clear understanding of the loopholes in the existing framework, and how the accused are able to successfully exploit these loopholes

RESCUES:

When in a vulnerable situation, Children of Prostitutes can be rescued by under section 6. We need to put emphasis on this point during trainings.

J J Act needs to be amended properly to make this explicit.

Role of CWC after rescue-: The CWC should be very strict about handing over a child to claimant, and should only concede after careful scrutiny of the legitimacy of the claimant.

J J Act amendments needs to address this issue very clearly.

Specialized Training of CWC.

RESCUES:

Advisory Body and its role: An Advisory body needs to be appointed. It cannot be combined with other groups working on women’s issues.

Advisory Body (AB) U/S 13 is not compulsory/ mandatory. It is so only in the state of Maharashtra because of the Mumbai HC directive. ITPA needs amendment to make it compulsory. Today it is discretionary to the SPO. He is not mandated.

There has to be a well-laid document that describes the role, power, and limitations of the Advisory Body.

Members of the Advisory Body also need to undergo concept specific training.

RESCUES:

Definitions of Brothel: During Training Programs, a considerable amount of time needs to be devoted to understanding the definition of the term ‘Brothel’

We also need to attain clarity on the meaning of the terms, ‘Brothel based’, and ‘Non-Brothel based’prostitution. Also, ‘Red-Light’ area and ‘Non Red-Light’ area.

RESCUES:

Role of Media: Recently in a raid in Mumbai, the police took into custody everyone in the club. The electronic media immediately made accusations that the police were harassing innocent victims(college going girls, wives). However this was not true.

In an open society the media will criticize rightly or wrongly. The CWC/JJAB/SLAC/CWC/ must take the onus to clarify any misconceptions, as a part of public education.

RESCUES:

Self Regulatory Boards as an answer to rescue and prevention: Can we have a system which is above the law. A strong reason given to establish SRB is: Prevent police excesses during raids i.e. ’picking’ up of women who are in the sex trade voluntarily, and to counter the corruption of police.

The changing nature of the sex trade: Sex Trade has transformed from a obvious, evident activity to a well-organized, conspicuous one. The Trade has resorted to cleverly hiding itself within more legitimate businesses.

REHABILITATION:

After 2009 there has been a lull in rehabilitation efforts.

Till date we have focused on rehabilitation only for those rescued form the sex trade.

We need to look at all these three categories.(slide)

Do we have enough Protective homes?

REHABILITATION:

Are there minimum standards in these protective homes? ( these two points are directly linked, with women not have faith in rescue and rehabilitation) This also brings up a popular question, “If you can’t rehabilitate, then why rescue?”

This goes in favor of all those who want to perpetuate the sex trade.

Opportunities for Rehabilitation are concentrated in cities.

There is a divided opinion on where to locate these rehabilitation services.

REHABILITATION:

Organizations are providing training and corporates are coming forward, but post-training acquiring jobs is an issue, for e.g Taj (what about date of birth, from where to get police verification).

After legal procedure and livelihood training there are no provisions for aftercare. For those who were rescued as children/minors need aftercare services(under JJ Act). But not many states have an aftercare program. Shelter is the major necessity of persons in a rehabilitation program. We need to have aftercare hostels and group homes. Governments should facilitate these processes and also help NGO’s willing to work on these programs.

REHABILITATION:

Co-management systems in protective homes should be encouraged. State governments should facilitate this process.

Mumbai workshop – where all women stated:”Before you talk about our rehabilitation, first make arrangements to rehabilitate our children”

Look at the breakthrough in tribal development because of the Ashramshala. Take one generation out of it and get the breakthrough in an otherwise vicious cycle.

REHABILITATION:

Today I even more strongly feel children of prostitutes should have an opportunity for rehabilitation in their own native towns. If there are facilities closer to their home town I think not many would bring their children to the red-light areas.

Counseling centers in Red-Light areas: Lets learn from some of the success the organizations running HIV prevention program have had in their health counseling centers.

REHABILITATION:

Ujwalla project: who has got it and its implementations needs to be studied. Training of those running this as yet another scheme. Fund flow to those who have received the scheme.

Prosecution: Is directly linked with rehabilitation

How many special courts have we managed to get sanctioned for quick trials. Most important!

Issue of restoration and repatriation. Most Important!

Property recovery and recovery of their children also place a role in rehabilitation.