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Annual Report - National Human Rights Commission

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Annexure 12 Para 12.6<br />

Recommendations and Suggestions of the<br />

Action Research on Trafficking in Women and<br />

Children in India<br />

The suggestions and recommendations emerged from this study are below under five<br />

categories:<br />

●<br />

●<br />

●<br />

●<br />

●<br />

Cross-cutting issues<br />

Prevention of trafficking<br />

Protection of victims and survivors<br />

Prosecution of exploiters and others<br />

Changes proposed in ITPA<br />

Despite the best efforts to avoid overlapping, the five-tier categorisation is not devoid of repetitions,<br />

because the issues involved are closely inter-linked. Though some recommendations may appear<br />

repetitive, the focus of the recommendations is different under different heads. Moreover, the<br />

ideal situation would be an integration of prevention, protection and prosecution activities. Thus<br />

integration is essential in the given situation because each category has a direct bearing on the<br />

other. Therefore, any action on one front will provide the best results only when it is supplemented<br />

with corresponding action on other fronts.<br />

Cross-cutting Issues<br />

Importance of <strong>Human</strong> <strong>Rights</strong><br />

To address trafficking, the first and foremost requirement is to recognize the human rights violations<br />

involved. The commonly prevalent paternalistic ‘law and order perspective’ and the predominantly<br />

moralistic ‘welfare perspective’ have to be substituted by a ‘human rights perspective’. This<br />

approach is holistic, participatory and rights-based, with an underlying commitment to ensure<br />

human dignity. Every action and initiative, whether it is a policy, programme or project, should<br />

be oriented towards the best interests of the trafficked victim/survivor and towards the protection<br />

of a vulnerable victim. Therefore, all such activities have to be built upon the basic substratum of<br />

human rights, which, in turn, will also be the yardstick for the efficacy or utility of the concerned<br />

initiative. The NHRC and State <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong>s could be the appropriate catalysts<br />

for bringing about this paradigm shift.<br />

Understanding the Concepts and Issues<br />

Research has shown that the concepts and issues of trafficking have often been surrounded<br />

<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />

269<br />

AR-Chapter-1-19-10-6-06.p65<br />

289<br />

7/17/06, 6:31 PM

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