Annual Report - National Human Rights Commission

Annexure 12
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
functioning and only in very few cases were they closed down. There is a need to orient the
police officers and prosecutors to invoke these sections of law, and file reports accordingly.
There is a need to sensitise and orient the judicial officers for ensuring justice delivery to the
victims by invoking all the relevant laws and rulings. As a corollary, there is an urgent need
for implementation of the JJ Act, 2000. Many states are yet to start the process but this needs
to be expedited.
Misuse of Local Laws and Special Laws
The study shows that many victims are harassed by action against them u/s 110 of the Mumbai
Police Act, sec 95 Delhi Police Act, and sec 145 Railways Act. There is a need to carry out a
social audit of the actions taken under these and other similar laws by the concerned police
agencies to see whether they have protected or violated the rights of women and children who
are victims of trafficking. The law enforcement officials and magistrates need to be sensitised
accordingly. The state police chiefs and state governments should carry out social audit and
ensure protection of human rights. The NHRC could direct all concerned for ensuring compliance.
State Human Rights Commissions, wherever they exist, need to look into this. It needs to be
ensured that human rights violations are not allowed to continue.
Stringent Action Against Exploiters
There is no doubt that law enforcement has to be ruthless against traffickers and exploiters.
While there is an emerging trend of punishing brothel owners and associated exploiters, there
are very few instances of traffickers being identified and brought to book. Investigation has to go
beyond the brothel, which is usually perceived as the scene of crime. It has to reach the source of
trafficking, the trafficking routes, the transit points, all persons involved in these processes and
also cover the crime syndicates of exploiters, transporters, financiers and all other accomplices,
abettors, etc. This calls for multi-disciplinary and in-depth investigations which can bring out the
organized linkages as well as the illegal assets acquired through the crime. Many case studies
have presented examples of unbelievable assets amassed by traffickers. There is a need for
proper investigation to establish the ownership of such assets and thereafter, take legal steps for
forfeiting and confiscating them.
Closure of Brothel and Eviction
The power to close brothels and evict offenders u/s 18 ITPA can be an effective tool in dealing
with the exploiters. The prosecution should move the court for initiating such action, in the
event of the court convicting the exploiters. Even before conviction, the executive magistrate
can initiate such action by issuing notice. The ITPA also provides for surveillance of the
convicted person. These provisions have been sparingly used. There is a need for sensitizing
the officials concerned and making them accountable. Moreover, in some places, like Mumbai
city, this power has not been conferred on the district level officials. It would be better if such
powers could be delegated to DCPs.
National Human Rights Commission Annual Report - 2004-2005
285
AR-Chapter-1-19-10-6-06.p65
305
7/17/06, 6:31 PM