Annual Report - National Human Rights Commission

Annexure 12
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without delay. Professional bodies, including NGOs who have expertise on the subject, could
be utilised for training the police officers.
Special Police Officers under the ITPA
The research has brought out the fact that there is acute shortage of notified special police officers
in police stations for implementing the law. There is a definite requirement for augmenting the
strength of police officers. Ideal situation would be to have adequate strength of notified women
and men police officers, specially trained, in all police stations. Section 13(2A) authorizes District
Magistrates to confer upon any retired police or military officer (not below the rank of Inspector
and Commissioned Officer respectively) all or any of the powers under ITPA. This provision
has not been utilized. It empowers the district administration to identify competent personnel,
especially women, train them and utilize their services effectively in dealing with trafficking.
Strengthening the Prosecution System
Despite the fact that prosecutors play an important role in the justice delivery mechanisms, the
prosecution wing remains neglected. There is acute shortage of resources, including law books
and copies of relevant judgements by the Supreme Court and High Courts. This needs to be
attended to. There are no training programmes for prosecutors, except in a few states.
Prosecutors need to be trained and sensitised regarding the human rights of women and children.
The prosecution should also be oriented to take up the cases in the best interests of the victim
— ensuring victim-friendly procedures and moving the courts for appropriate relief and
compensation. Though the law does not provide for independent private counsels for victims
as their role is taken over by the state prosecutor, the case study of SLARTC, Kolkata,
presents an innovative approach — of private lawyers carrying out prosecution work in
trafficking cases.
Coordinating Law Enforcement on Missing Persons
As of today, the system of monitoring activities to locate the missing persons is haphazard
and ad hoc. The research highlights the issue of missing persons and provides the linkages
between missing and trafficked persons. This distressing scenario calls for immediate
action. There is a need for reorganising the National Missing Persons Bureau at the
NCRB, Delhi, as a coordinating agency, linking it up with the missing persons bureaus
in the states, and with Childline and other helplines in the states. The management of
the information system needs to be overhauled. In addition, the available manpower
has to be augmented with professionally trained and qualified persons. The database
built up for this research from the states could be taken over by the NCRB and thereafter,
updated regularly. Since this is a serious violation of rights, the issue of missing persons
needs to be given importance and priority in law enforcement. Any effort to address
the issue of missing persons will be successful only if it is done in an integrated manner,
involving all agencies concerned. There is a need for cooperation of Ministry of Home
Affairs, Ministry of Social Justice and Empowerment, Department of Women and Child
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