Annual Report - National Human Rights Commission

Annexure 12
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properly, be a great boon to a large number of young girls who are rescued from one place but
rehabilitated in their hometowns.
Providing Interpreters
In the case of trans-border trafficking and inter-state trafficking, the investigators and trial courts
are handicapped when the victim speaks a different language. Ad hoc arrangements may not be
in the best interests of the victim. There are instances in Delhi where the interpreter was found to
be misleading the court and speaking in favour of the trafficker. The court could not proceed for
want of an objective and neutral interpreter. Here, NGO intervention can redeem the situation.
Therefore, there is a need for competent interpreters in such cases. The presiding officers of the
courts concerned may ask the district administration to maintain a list of proficient interpreters,
in languages spoken by the victims. The state governments need to take appropriate steps in this
regard.
Nationality of Illegal Immigrants
The study has brought out the serious issue of nationality of the women and children trafficked
from Bangladesh to India. As regards citizens of Nepal, the issue of nationality has not been a
problem so far. However, there are instances where trafficked Bangladeshi girls have been
convicted u/s 14 of the Foreigners Act, on the charge of being illegal immigrants. The question
arises as to how they could be considered to be illegal immigrants when they had been trafficked
by lure, deceit or coercion by the traffickers. There is a need to provide appropriate status to
these victims till such time as they are required to stay in the country for purposes of the trial, so
that they are not prosecuted for violating the provisions of the Passport Act and the Foreigners
Act. Distinct policy guidelines by the government on migration, trafficking and nationality are
required in this context. There is a need for attention by MEA, MHA and Ministry of Law and
Justice.
District-level Monitoring Committee
Since anti-trafficking activities have to be based on realities at the ground level, it is
advisable to constitute district-level monitoring committees on anti-trafficking. The Tamil
Nadu example could be considered as a model. In Tamil Nadu there is further
decentralization with village level watchdog committees, involving PRIs. These committees
can be more effective if they include NGOs and other professionals (counsellors,
psychiatrists, etc.) working in the field.
Special Police Officers under JJ Act
As per the Juvenile Justice Act, 2000, special police officers are to be posted at all police stations.
There should be a special cell at the district level. In many states, such police officers have not
been notified. The law also prescribes that these police officers should be specially trained.
Considering the fact that a large number of trafficked persons are children — both boys
and girls — it is essential that the system envisaged under the JJ Act are brought into existence
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