Annual Report - National Human Rights Commission

Annexure 12
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of the care and attention they should provide during the various activities. The checklist will also
help to ensure that the rights of the victims are not violated. Perhaps a guidebook covering these
aspects could be prepared under the aegis of the NHRC, so that it acquires greater credibility.
South Asian Professionals against Trafficking (SAPAT), a forum facilitated by UNIFEM, has a
plan to prepare such a handbook.
Minimum Standards during Rescue and Post-rescue Activities
The research has brought out violations of the victims and survivors before trafficking, during
trafficking, after trafficking, and even after rescue. Such violations occur because the activities
by governmental and non-governmental agencies are not always guided by specific yardsticks
conforming to human rights. All efforts have to be made to ensure that human rights are not
violated in any manner. The voice of the victims and survivors have to be given primacy. There
is a need for appropriate psycho-social inputs in getting the informed consent of the rescued
victim for any future course of action on her behalf. There is thus a need to develop minimum
standards of care and protection for all activities during and after rescue. Considering the fact
that this is one of the important matters of human rights affecting a large community across the
country, it would be appropriate if the minimum standards and guidelines are developed under
the aegis of the NHRC. Since the issues concerned cut across the entire region, regional protocols
could be developed by involving the various countries in the region. Asia Pacific Forum of
Human Rights agencies and the bilateral linkage of Human Rights organisations can be considered
as a medium to facilitate the development of such trans-border protocols.
Segregation of Victims from Exploiters
This research shows that victims and exploiters are ‘rounded off’ together by the police (sometimes
along with NGOs) and thereafter, taken to the police station and kept together during the
registration of FIR, and during interview and other processes of investigation. This gives ample
opportunity to the exploiters to terrorise the victims, and prevent them from speaking out and
exposing the exploitation. Therefore, utmost care has to be given by police agencies and others
to ensure that the rights of the victims are protected. They need to be isolated from the abusers,
exploiters and their representatives.
Legal Representation
The Supreme Court of India, in Delhi Domestic Working Women’s Forum vs Union of India
[1995 (1) SCC 14], has pointed out the need for legal representation for rape victims. The
victims of CSE are, no doubt, victims of rape. Therefore, the legal representation mentioned in
the order of the Apex Court becomes applicable to them also. The services of the Free Legal Aid
Authority in the districts could be utilized for this purpose.
Medical Care and Attention for the Rescued Persons
Police agencies have reported difficulties in providing medical attention to the rescued survivors/
victims. Shortage of staff, especially women staff, lack of resources and medicines, and lack of
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