Annual Report - National Human Rights Commission

Annexure 12
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Organized Crime Approach
This study has shown that trafficking involves a multiplicity of well-organized exploiters. The
manifestations of trafficking present all parameters required for an organized crime. It is a chain
of offences, involving multiple abuses and violations, and a host of offenders at various levels.
Data also provides adequate instances of this organized crime being trans-national. Therefore,
special provisions of law should be brought in, wherever appropriate, to deal with these organized
criminals. The law enforcement officials should consider invoking the provisions of the special
legislations on organized crimes, wherever applicable. Many state governments have already
enacted special laws on organized crimes. Trafficking offences should be brought under the
ambit of such special laws.
National Database and Data Surveillance
The research shows that there is a need for effective monitoring of the data on cases of trafficking.
The supervisory officers should carry out regular and in-depth study of the data, understand the
trends and take appropriate steps to ensure that victims are not arrested or harassed and that their
rights are fully protected. Guidelines for monitoring the trafficking cases should be developed. It
should include collation of data of the review period separately under different sections of ITPA
(Sections 3 to 9), related sections of IPC and Local Acts, as well as the preventive sections of
Cr.PC. The data should provide the details of cases registered, chargesheeted and convicted.
The details of arrest and conviction should be separately indicated for males and females as well
as for adults and children. The data should also show the number of rescued persons (with sex
and age disaggregation) and the details of persons repatriated/rehabilitated. Data surveillance
with such details will expose the violation of rights that take place in law enforcement and,
therefore, will facilitate in reorienting law enforcement, keeping in mind the best interests of the
victims. Similarly, the data being collected and published by the National Crime Records Bureau
(in its annual publication Crime in India) should also reflect the data on trafficking in women
and children, with sex and age disaggregation as above. It should also have details of arrests and
convictions, specifically stated under the various sections of ITPA.
National System of Intelligence Dissemination on Traffickers and
Exploiters
The research has exposed a serious vacuum in the law enforcement scenario in the absence of a
national system of data collection and information on traffickers and other exploiters. Trafficking
has emerged as a serious organized crime cutting across districts, states and nations. Hence,
effective law enforcement essentially calls for sharing of intelligence and data by all concerned.
The shackles of boundaries that tie down the law enforcement agencies are being effectively
capitalised by the exploiters. The study has also shown that certain NGOs working in this field
have large databases, which could be effectively tapped by the police. However, there is no
national criminal intelligence organization which can collate the data, build up the database and
disseminate it to all concerned. This has to be done by an appropriate law enforcement agency.
Delhi High Court, acting on a public petition, had directed CBI to start a Cell on criminal records
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