IGP, CID

ANTI HUMAN TRAFFICKING -ANTI HUMAN TRAFFICKING - LEGAL REMEDIES LEGAL REMEDIES

ByBy

S. UMAPATHI.,S. UMAPATHI., IPS, IPS,Inspr. Genl. of PoliceInspr. Genl. of Police

CID, AP., HyderabadCID, AP., Hyderabadand AP State Addl. Anti Trafficking Nodal and AP State Addl. Anti Trafficking Nodal

OfficerOfficer..Email: umapathi_sattaru@yahoo.comEmail: umapathi_sattaru@yahoo.com

Cell: 9440700900; 040-23233027Cell: 9440700900; 040-23233027

TEAM PRESENTATION ONTEAM PRESENTATION ON

1

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RecruitingOR

HarboringOR

MovingOR

ObtainingOR

MaintainingA Person

RecruitingOR

HarboringOR

MovingOR

ObtainingOR

MaintainingA Person

By ForceOR

FraudOR

Coercion

By ForceOR

FraudOR

Coercion

For Involuntary Servitude

ORDebt Bondage

ORSlavery

OR

Sex Trade

For Involuntary Servitude

ORDebt Bondage

ORSlavery

OR

Sex Trade

Source: Adapted from the Freedom Network Institute on Human Trafficking

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ANTI HUMAN TRAFFICKING ANTI HUMAN TRAFFICKING - -

LEGAL REMEDIES LEGAL REMEDIES

EXISTING LAW PROPOSED LAW

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Existing Law

By using provisions of existing law in first four months of this year we in AP have

Registered 243 cases

Rescued 441 victims (87 minors)

Arrested 604 traffickers

Arrested 113 customers

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Characteristics of Trafficking

Deceit

Violence

Threat

Deprivation of freedom of movement

Confiscation of identity papers

Confiscation of Travel documents

Debt bondage

T.I.P

Force

IGP, CID

Breaking Traffickers’ Networks

Rescued victim

Counselling

164 Cr.P.C. statementBefore court

Filing addl. Memo of accused in court

Obtain NBWs

More Traffickers

Arrest Traffickers

De-traumatisation / Interview

T.I.P

More rescues

Interrogate

IGP, CID

Making use of IPC provisions

Sec. 366(A) (Procreation of minor girl). Sec. 372 Selling minor for prostitution. Sec. 373 Baying minor for prostitution. Sec. 366 (B) Importation of minor girl

from abroad. Sec. 376 (2) (G) Committing gang rape

All offences are non-bailable, triable by sessions court and punishment up to 10 years

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Making use of ITP Act

Arresting customer u/s 7 (1) Punishment upto 3 months if victim is a major.

Punishment upto 7 years if victim is minor.

Sec. 13 (1): Inspectors of Police have already been designated as Spl. Police Officers in AP and they can take help of SIs, HCs or Police Constables. (G.O.Rt. No. 475 of Home dt: 16.08.1991 of AP.

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Making use of ITP Act

Sec. 18: To close the brothel / lodges or hotels indulging in prostitution.

2 lodges in Guntur have been closed u/s 18(3) of ITP Act on 8.5.07 (result of UNODC training & directions from State Nodel Officer)

3 brothels closed in Rajahmundry (East Godavari) in Jan.2007.

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Making use of Cr.P.C. / IPC Provisions.

1. Witness/ victim protection system Sec. 195 (A) IPC (threatening or inducing any person to give false evidence) punishment up to 7 years. Threatening means :

1. Injury to the person.

2. Reputation.

3. Loss of property of such witness and such person in whom such witness is interested.

2. Sec. 437 (3) Cr.P.C. amendment 2005: Directions to the accused not to commit similar offence and not to make any inducement, threat or promise to any witness.

3. Sec 164 A Cr.P.C. medical examination of victim of rape.

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Proposed amendments to Law

To make Sec. 3 (keeping a brothel), Sec. 4 living on earnings of prostitution, Sec. 5 procuring person for prostitution.

Sec. 6 : detaining person in prostitution premises.

Sec. 7 : prostitution in vicinity of public places.

To be made non-bailable and triable by Asst. Sessions Judge (in case of a child or minor).

Sec.12 : all Sub-Inspectors of Police of police stations to be made spl. Police officers.

Sec. 21 : protective homes to have rehabilitation package.

IGP, CID

Amendment to concurrent list

Inclusion of Anti Human Trafficking in the concurrent list i.e. list III of 7th Schedule of Constitution.

Various directions / letters of Govt. of India or advisory as on date and not mandatory.

Preventive detention is already in the concurrent list.

Trafficking being organized crime third biggest in the world deserves to be in the concurrent list.

IGP, CID

Sri Lankan Penal Code Amendments-2005

Sri Lanka defined trafficking in Penal Code.

They made punishments for persons providing services by computer to prevent sexual abuse of a child.

Internet café owner should preclude child pornographic sites.

Duty of people to inform authorities about use of premises for child abuse.

Debt bondage, serfdom, forced or compulsory labour, slavery are included in Penal Code.

We may think of such amendments.

IGP, CID

Amendment to PMLA-2002

Prevention of Money Laundering Act -2002- Schedule of offences under ITP Act 1956 do not contain Sec. 3,4 & 7

Minimum criminal proceeds quantum to be reduced from Rs. 30 lacs to Rs. 10 Lacs.

Govt. of India make take it up with the concerned. So that, assets (criminal proceeds – tainted property) can be attached by the enforcement directorate.

IGP, CID

Amendment to PMLA-2002- contd…

Those who cheat gullible /innocent / option less women to go to Gulf etc are not punished under PMLA for want of inclusion of Sections:

420 (cheating),

468 (forgery for purpose of cheating),

471 (using a forged document as guanine),

472 (making a counterfeit seal) IPC in the schedule of PMLA.

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Three key characteristics of trafficking

T.I.P

Violence Loss of free will

Exploitation

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The Enemy (Commodification)

Poverty/Vulnerability

Illiteracy/Option less

Indifference by Police, Society, PRIs

T.I.P

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The Problem

T.I.P

Supply Demand

Distribution

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The Strategy (three P’s)

Protection Prevention

Prosecution

T.I.P.

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The Strategy (Three R’s)

Rescue

Rehabilitation

Reintegration

T.I.P

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Strategy for stake holders intervention

Source Transit

Destination

T.I.P.

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Basic concepts Victim is treated as a VOCSET (Victim of

Commercial Sexual Exploitation & Trafficking).

Trafficking is a continuing offence. If a victim is rescued at the age of 20

years and in her statement if she mentions that she was trafficked when she was 17 + all IPC sections like 166 (A), 172, 173 IPC.

IPC sections enable the I.O to lay charge sheet quickly and obtain trial dates, finish the trial quickly.

Victim/ witnesses need protection and support.

IGP, CID

Non financial issues: Giving rewards/ medals to the officers,

NGOs doing sustained Anti Human Trafficking work during Independence Day / Republic Day / Anti Human Trafficking Day.

Visual and print media of Govt to include Anti Human Trafficking issues regularly – Dos and Don’ts.

Panchayat Raj institutions should be empowered by local GOs to tackle AHT work – preventive role.

IGP, CID

ITP Act cases for the first quarter of the year 2007 (Jan to march 2007) with corresponding period of previous year (impact of UNODC interface in proactive policing in anti

human trafficking)

102

0

236

0

37

178

377

519

59

16

0

100

200

300

400

500

600

J AN- TO MARCH 2006 J AN- TO MARCH 2007

No. of casesregistered

Victims rescued

Traffickers arrested

Customers arrested

Arrests u/s 8 ITP Act

IGP, CID

WE ARE PROGRESSINGWE ARE PROGRESSING

FromFrom

Talkers to Doers Doers to Performers Performers to Achievers

Achievers to Trend Setters Trend setters to Reformers

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Planned purposefully Prepared prayerfully Proceeded positively Pursuing persistently

We, in AP Police..

IGP, CID

To come together is a beginning

To stay together is progress To finish together is success.

Let us be a synergic team..

IGP, CID

IGP, CID

Thank You for your kind attention