Annual Report - National Human Rights Commission

Annexure 12
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the trial processes have contributed to the revictimisation of the victim. The delay in trial, the
inability to produce witnesses by the prosecution, repeated requirements of appearance of the
victim in the courts, etc., adds to her problems. Often sentencing practices show lot of discretion
and does not indicate any specific yardstick. Many times compensation is not awarded to the
victim even after conviction of the offender. At times convictions are not followed up by closure
of brothel, externment proceedings etc. Redressal of the grievances of the victims calls for
effective implementation of all the provisions of law keeping in view the best interest of the
victim. The judicial intervention by the High Court of Delhi shows that the justice delivery
process can be oriented to the best interests of the victim if the concerned authorities take
appropriate initiatives. Moreover, there are several judicial pronouncements by the Supreme
Court of India and High Courts, upholding women’s rights and child rights. All these have to be
put to practice. This calls for sensitization of judicial officers, prosecutors, medical experts and
lawyers.
Human Rights Perspective in Law Enforcement
The study has highlighted that in the existing situation, it is the trafficked women and children
who are being victimized by arrests and conviction. The judicial intervention of the Delhi
High Court has amply demonstrated how it is possible to bring about a paradigm shift from
punishing the victims to punishing the exploiters. Trafficked victims should not be exploited
any further. Radical changes in the existing law enforcement scenario are needed to ensure
this. It calls for (a) declaring trafficking offences as ‘grave crimes’ or ‘special report’ crimes,
which are supervised by the officer of the rank of SP/DCP and above, and investigations are
carried out properly, (b) sensitization of the police officers and prosecutors, and (c) fixing
accountability of the officers concerned for acts of omission and commission. Activities and
initiatives that uphold the rights of the women and children should be publicly commended.
All efforts are to be made to ensure that the law enforcement machinery functions within the
paradigm of human rights. This necessitates appropriate circulars and directives by the
government and police chiefs. The research shows that such circulars are available in Bihar
and Tamil Nadu. Since district police, railway police and special outfits like the CID, CBI,
etc., have an important role to play in dealing with offences related to trafficking, their training
in this area should be given priority.
Conjunction of JJ Act, IPC and Other Laws with ITPA
The present legislations, especially ITPA and JJ Act, have a lot of strength and scope for
dealing with offenders and providing redressal to the victims. However, many of the sections
are not being used, e.g., when the rescued victim appears to be under 18 years, she is entitled
to treatment as a “child in need of care and protection” under the JJ Act. Despite this, there are
instances where the JJ Act is not invoked and the victims have not only been charged but also
convicted u/s 8 ITPA. Similarly, there are instances where, despite the fact that the victims
were under 16 years of age and has been subjected to sexual assault, Section 376 IPC was not
invoked. Even after conviction, the brothels, where the exploitation had taken place, were
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