Annual Report - National Human Rights Commission

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Annexure 12 ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 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. 282 National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 302 7/17/06, 6:31 PM
Annexure 12 ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Shortage of Police Personnel The study has shown the inadequacy of human resources, especially women police, as well as infrastructural resources with the police agencies in almost all the states, which are impediments in undertaking rehabilitative initiatives. It would be advisable to have adequate number of women police officials in all police stations. Since the police station is the first rung of the government machinery that is called upon to ensure human rights of the survivors, it is essential that the police stations should be adequately equipped to deal with the situation. Augmenting the human resource and material resource of the police stations will be in the best interest of preventing trafficking and other crimes. Anonymity of the Rescued Person All efforts should be made to ensure that anonymity is maintained with respect to the identity of the trafficked person. This is an important aspect of protection of human rights. The provisions of 228A IPC and 22 JJ Act have to be complied with and any violator should be made accountable. Prosecution of Exploiters and Others Registration of Cases Police officials themselves have reported about under-reporting or non-reporting of crimes related to trafficking. This is a serious lapse in the existing system of law enforcement. Unless all crimes of trafficking are reported to the police, legal action cannot be initiated against traffickers and exploiters. This is possible only with greater police-public cooperation, involvement of civil society, increased public awareness and, above all, sensitivity and accountability among the officials concerned. Misuse of Section 8 ITPA The research has brought out several distortions in law enforcement. On the one hand, there is non-utilization of sections of ITPA against traffickers and exploiters, and on the other hand, there is grave misuse of Section 8 ITPA, wherein victims are arrested, prosecuted and even convicted on the charge of soliciting. The legal concept of mens rea has to be investigated and the person should not be chargesheeted or convicted if mens rea is lacking. A person who is made to solicit under coercion, duress, threat, etc., cannot be charged with the offence of soliciting, as there is no mens rea. A victim of trafficking should not be arrested at all. This calls for sensitivity and accountability of all concerned. Even if the person is wrongly charged, she should not be convicted. If the investigation is perfunctory, the court can call for further investigation. Similar aspects of protecting the human rights of the victims have to be brought home by appropriately training and sensitizing police officers, prosecutors and judicial officers. Justice Delivery Several distortions in justice delivery have been brought out by this study. Most of the persons convicted are victims who are charged with the offence of soliciting. Instances are many where National Human Rights Commission Annual Report - 2004-2005 283 AR-Chapter-1-19-10-6-06.p65 303 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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Contents ○ ○ ○ ○ ○ ○
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An Overview ○ ○ ○ ○ ○ ○
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An Overview ○ ○ ○ ○ ○ ○
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Civil Liberties ○ ○ ○ ○ ○
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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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Food Security ○ ○ ○ ○ ○
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Food Security ○ ○ ○ ○ ○
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Right to Health ○ ○ ○ ○ ○
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Rights of Women and Children ○
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Rights of the Vulnerable ○ ○
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Rights of the Vulnerable ○ ○
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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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International Cooperation ○ ○
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A Review of Laws ○ ○ ○ ○
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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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Annexure - 1&5 Paras 3.29 & 4.3 Sta
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Annexure - 3 (a) Paras 4.1 & 4.5 St
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Annexure - 3 (c) Paras 4.1 & 4.5 St
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Annexure - 4 (b) Para 4.2 Statement
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Annexure 8 Para 7.16 Recommendation
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Annexure 19 ○ ○ ○ ○ ○ ○
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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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