Annual Report - National Human Rights Commission

Annexure 12
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
by myths, for example, trafficking is usually presumed to be for the purpose of commercial
sexual exploitation. Often, it is considered to be coterminous with prostitution. This research has
demystified these concepts and issues, and has also shown that there is a requirement for all
concerned to understand the appropriate meaning and import of various related issues. Similarly,
the law enforcement agencies, including the immigration authorities, need to be properly trained
to understand the linkages as well as the distinction between trafficking, migration and smuggling.
All activities relating to prevention, protection and prosecution of trafficking have to necessarily
originate from a clear understanding of all such concepts and their linkages. There is a need to
develop guidebooks, brochures or flyers, which would help, demystify the concepts and bring
about clarity to all stakeholders. In this context the UNIFEM briefing kit (2003) is a useful
source book.
Notifying the Advisory Body
Despite the provision u/s 13(3)(b) ITPA for constituting an advisory body of NGOs, many
states have not taken any initiative in this direction. Though the law does not deem it to be
mandatory, considering the facts and circumstances clearly emerging from this study, partnership
of civil society — represented by the advisory body of NGOs — with the law enforcement
agencies, is not only an ideal mechanism, but also an essential requirement for addressing the
issues relating to trafficking. Therefore, all state governments should consider constituting the
advisory body consisting of NGOs as well as respected members of the public who are sensitive,
committed and working against trafficking. The research experience shows that it would be
better if the NGOs are notified on a District-basis or, at least, a regional basis, so that the services
of the appropriate NGOs working in the field are co-opted.
Forming Rules under ITPA
State governments should revise the rules issued long back under SITA (Suppression of Immoral
Traffic Act, 1956) and issue a fresh set of rules under ITPA. These rules should also list out the
procedure and protocols, which are to be followed in rescue and post-rescue operations, keeping
the best interest of the survivors/victims. These rules and provisions should clear the concepts,
especially the existing confusion between trafficking and commercial sexual exploitation, and
bring about clarity of understanding from a human rights point of view. The points that emerged
from this study can be effectively utilized for preparing these guidelines and rules.
Minimum Standards
Governments should bring out state policies, including guidelines on the minimum standards of
care, attention and service to be extended to the victims and survivors by all the service providers,
including law enforcement officials, judicial officers, prosecutors, medical professionals,
psychosocial professionals, counsellors, people manning after care homes, and all such
stakeholders. The state policy should bring to focus the linkages between migration, HIV/AIDS
and trafficking. The guidelines, which can be issued as information kits or handbooks, or as part
of the rules to be issued under ITPA (as stated in the previous paragraph), have to be in
270
National Human Rights Commission Annual Report - 2004-2005
AR-Chapter-1-19-10-6-06.p65
290
7/17/06, 6:31 PM