Annual Report - National Human Rights Commission

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Annexure 10 Para 8.9 Recommendations of the National Workshop to Review the Implementation of Laws and Policies Related to Trafficking: Towards an Effective Rescue and Post-Rescue Strategy Recommendations Related to Law and Structures: Problem: Effective and meaningful prevention, rescue, rehabilitation and reintegration are the four major areas based on which the menace of trafficking can be successfully combated. In all these four areas, the issue of shelter remains an all-pervasive aspect. Lack of availability of shelters at taluka and district places denies women and young girls in need of adequate and proper places where they could reside. This makes them vulnerable to being trafficked or re-trafficked. Recommendation: Sufficient number of Short-Stay Homes/Protective Homes or Shelter Homes should be started at taluka and district places, whereby any woman or a young girl who is in moral danger or rescued or is in a situation to be trafficked or re-trafficked into prostitution, can approach these Homes for a safe and secure shelter. The Shelter Homes run by the Government should also be open to facilitate the mobility of the women and girls in order to obtain vocational training outside. Problem: Lack of trained personnel to attend to psycho-social and rehabilitative needs of women and girls rescued from prostitution. Currently, there is dependence on ad-hoc and non-standardised measures such as Mahila Thanas, counselling by police, volunteers, involvement of NGOs (wherever available), with no legal mandate. Moreover, there is no continuity in this piecemeal approach and half-hearted attempts lead to half-hearted results. Recommendation: The Government should appoint trained social workers at police stations, courts and rehabilitation Homes for counselling, information and guidance, and rehabilitation purposes. Problem: Increasing dependence of the State on the voluntary sector accompanied by a gradual process of withdrawal from the welfare sector. In the given scenario, commitment of the State to aid the voluntary sector in the long run is not clear. Recommendation: State Departments and agencies should not be replaced by NGOs as the 258 National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 278 7/17/06, 6:31 PM
Annexure 10 ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ major intervention agency, especially when it comes to rescue and rehabilitation. Problem: Lack of co-ordination between the police, judiciary and government institutions with regard to rescue and rehabilitation process at the district level and absence of monitoring system related to the problem of trafficking at the State and Central levels. Recommendation: An Inter-Departmental Coordination structure should be set up to facilitate and monitor the process of rescue and rehabilitation at the district level, and Advisory Bodies at Central and State levels to monitor the problem of trafficking and bottlenecks in the implementation of ITPA and other provisions relating to rescue, rehabilitation and reintegration of victims. Problem: Lack of informed and sensitized officials to deal with the subject of proper implementation of law and procedure pertaining to trafficking. Recommendation: Training organizations at Central and State level should focus on sensitization, dissemination of knowledge and training of ground level staff from the police, judiciary and women and child welfare departments. The objective behind this should be to develop personnel who know the correct legal framework and are aware of issues related to rescue, rehabilitation and reintegration. The training institutions could take the help of field-based organizations to achieve this objective. Problem: There is a danger of deletion of Sections 7 and 8 of ITPA in a hurry, as a response to the problem of harassment and penalizing of adult women in prostitution by the police. Recommendation: The issue of deletion of Sections 7 and 8 of ITPA needs further debate and discussion, as there is lack of consensus on the same. One view was that these Sections lead to harassment and penalizing of women in prostitution by the police, while the other view was that these Sections have proviso under which the woman, who has been prosecuted, could be treated as a victim and rehabilitated with the help of corresponding Section 10-A of ITPA. In addition, it was pointed out that under Section 7, customers could be booked and prosecuted. Problem: Concerted attempts are being made to bring a new legislation or amend the existing law (s) to legalize prostitution by certain sections and lobbies in society. Recommendation: Legalization of prostitution would be an anti-women and anti-rehabilitation measure, leading to violation of human rights of the trafficked persons. The following sections pertain to implementation gaps or problems in the law: National Human Rights Commission Annual Report - 2004-2005 259 AR-Chapter-1-19-10-6-06.p65 279 7/17/06, 6:31 PM
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NATIONAL HUMAN RIGHTS COMMISSION An
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NATIONAL HUMAN RIGHTS COMMISSION An
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Contents 1 Introduction............
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An Overview ○ ○ ○ ○ ○ ○
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An Overview ○ ○ ○ ○ ○ ○
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Complaints Before the Commission
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Economic, Social and Cultural Right
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Rights of the Disabled ○ ○ ○
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Rights of Women and Children ○
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Internally Displaced Persons ○
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Internally Displaced Persons ○
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Research Studies and Projects ○
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Promotion of Human Rights Literacy
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A Review of Laws ○ ○ ○ ○
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Administration and Logistic Support
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Summary of Principal Recommendation
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Page 227 and 228: Summary of Principal Recommendation
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State wise List of Cases Registered
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Nature and Categorisation of the Ca
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Cases Dismissed in limini During th
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National Human Rights Commission An
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Annual Report - National Human Rights Commission

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