Annual Report - National Human Rights Commission

Annexure 12
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interests of children trafficked or likely to be trafficked, they should be available at places where
vulnerability exists. Their offices need to be linked to Childline and other such helplines so that
assistance is rendered without delay. Instances are aplenty where, for want of CWCs, the rescued
children have been produced before the judicial magistrate and have been deprived of the rights
and privileges due to them under the JJ Act. Therefore, CWCs should be set up in all districts in
India.
Rehabilitative Mechanisms
Rehabilitative measures should be oriented to the best interests of the trafficked victim/survivor.
The NPA of DWCD has made provisions on rehabilitation. However, this study shows that a
uniform policy of rehabilitation will not suffice. Persons who are subjected to commercial sexual
exploitation and are in need of rehabilitation can be categorized into three groups. The first
group includes newly trafficked women and children who are to be rescued without any delay
and should be rehabilitated on priority. The second category includes elderly persons who have
been subjected to exploitation for many years and have been rendered jobless and penniless, and
are mostly sick or infirm. They have no livelihood options before them. The third category
includes other women, mostly middle aged, who are trapped in the brothels because of lack of
appropriate and sustainable rehabilitative mechanisms. The strategy for rehabilitating each of
these categories has to be different and should not only take into account their best interests, but
also have their informed consent.
Rehabilitation should be based on the rights approach rather than the narrow welfare-approach.
It should not be considered as an act of welfare or extending largesse, but should be seen as an
act to protect and ensure human rights. Moreover, decision-making should be participatory,
keeping in view the best interests of the survivor. Livelihood options have to be based on
marketable skills and knowledge. Rehabilitative institutions should have a holistic approach
— with trauma counselling, psychosocial intervention and health care for the victims, as well
as provision for imparting appropriate skills, knowledge and resources for a sustainable
livelihood. Moreover, rehabilitation programmes have to take into consideration the legal
requirements of the criminal cases, if any pending, so that the latter does not become
impediments in proper rehabilitation. It should also be borne in mind that rehabilitative processes
are applicable to both rescued and non-rescued persons. In order to make sure that the victims
who are yet to be rescued do have access to the rehabilitation programmes and processes, it is
essential to provide helplines and other help services, along with adequate public awareness
programmes. Also, rehabilitation programmes have to be made sustainable. Micro-credit and
other facilities should be provided. The local administration should have monitoring mechanisms
to ensure that the rehabilitated person is not retrafficked. The research has brought out the
need for a holistic and integrated rehabilitation scheme for the survivors and victims of
trafficking, with adequate provisions for addressing prevention of trafficking. The government
should also bring out a clear policy on the social security of the survivors, keeping in view the
points stated above.
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