TRAFFICKING FOR WOMEN AND

CHILDREN
FOR
COMMERCIAL SEXUAL EXPLOITATION

Ministry of Women and Child Development

Government of India
1

Introduction
Trafficking is a organized crime which
violates all tenets of human dignity and
rights.
Trafficking
can
occur
for
purposes--labour,
commercial
exploitation, organ trade etc.

various
sexual

Trafficking is a centre and State subject

Poverty, illiteracy, lack of livelihood
options, natural/man made disasters
makes a person vulnerable to trafficking.
India faces both In-country and Cross
Border trafficking.
2

Introduction
Estimate
place
number
of
sex
workers in country at 3 million of
which 40 percent are children.
90% or more estimated as in-country
and 5 to 10% to cross-border
trafficking, reported mainly from
Bangladesh and Nepal.
Also, there are reports that people
from India are being trafficked to
Middle
Eastern
countries
for
domestic help, manual labour, child
marriages etc.
3

Constitutional Provisions on
Trafficking
Trafficking
in
Human
Beings
or
Persons is prohibited under the
Constitution of India. The specific
provisions relates to Article 23 (1) of
the Constitution which is as follows:
'Traffic in human beings and begar and
other similar forms of forced
labour are
prohibited and any contravention of this
provision shall be an offence punishable in
accordance with law'.
4

International Legal
Instruments

Convention on the Rights of the Child (CRC) and

its Optional Protocols (Sale of Children,
Child
Prostitution and Child Pornography) [Ratified]

Convention on Elimination of all forms of

Discrimination against Women (CEDAW) [Ratified]

UN Convention Against Transnational Organized

Crime [Signed]

Protocol to Prevent, Suppress and Punish

Trafficking in Persons, Esplly. Women and
Children
supplementing
above
Convention
[Signed]

Millennium Development Goals (MDGs).

5

SAARC
SAARC Convention on Preventing and
Combating Trafficking in Women and
Children for Prostitution [Ratified].
SAARC
Convention on Regional
Arrangements for Promotion of Child
Welfare in South Asia [Ratified].
SAARC Charter where trafficking
issues to be addressed at regional
level
6

National Legal
Framework
Immoral Traffic Prevention
1956 (being amended)
Indian
Penal
provisions)

Code

Act,

(select

Juvenile
Justice
(
Care
and
Protection of Children) Act 2000
Child Marriage Prohibition Act 2006
7

National Policies and

Plans

National Child Labour Policy, 1987

National Policy for the Empowerment of Women,

2001

National Plan of Action to combat trafficking and

commercial sexual exploitation of women and
children (1998)

National Plan of Action for Children, 2004

Integrated National Plan of Action to Prevent and

Combat Trafficking of Human Beings, with Special
focus on Women and Children (being formulated)
will look at trafficking for all purposes
8

COMMISSIONS
National
Commission
Human Rights.

for

National
Women.

for

Commission

Nation
Commission
for
Protection of Child Rights.
9

A Multi Pronged Approach to tackle

Trafficking
Legislative Measures
Enforcement
Programmes and Schemes
Training and Capacity Building
Awareness generation and
empowerment of vulnerable groups.

10

AMENDMENTS TO IMMORAL
TRAFFIC PREVENTION ACT, 1956
To protect the victim:-

New section where Trafficking is defined

Age of child raised from sixteen years
to eighteen year.
Deletion of Sections which re-victimized
the victims.
In-Camera proceedings in court cases to
safeguard privacy of victims.
11

AMENDMENTS TO IMMORAL
TRAFFIC PREVENTION ACT, 1956
New Section 5B which provides punishment
for trafficking in persons
Enhancement
of
punishment
to
traffickers, brothel keepers, pimps etc.
If the trafficked victim is a child the
punishment can extend to life.
New section for punishment for a
persons who visits brothel for sexual
exploitation.
12

AMENDMENTS TO IMMORAL
TRAFFIC PREVENTION ACT, 1956
Institutional Mechanism: Setting up of a Central Nodal Authority in the centre
and State nodal authorities in the States for
preventing and combating offence of trafficking.
Its Functions include :
Coordination
Investigation
Rescue and rehabilitation
Judicial support
Cooperation and research training
13

Need for demand reduction

Justification for new Section 5C which provides
Punishment for Visiting Brothel and thus reduces
demand .
ITPA is an Act against Trafficking which is an
organized crime.
Growing demand for children even as young as 2
years old
Poverty and social compulsions t push women and
girls to prostitution
In spite of NACO promoting condom use in brothels,
clients infected by HIV/and pass it to their partners.
Countries like Sweden, USA, UK ,Indonesia have
provisions for demand to be penalized
14

CENTRAL ADVISORY
COMMITTEE
High-level Central Advisory Committee to Combat
Trafficking for Commercial Sexual Exploitation
The
members
include
relevant
Ministries/Departments, State Governments, Law
Enforcement
Agencies,
International
Organizations and reputed NGOs.
Meets regularly to deliberate on various aspects
on trafficking and advises the Government
Recent initiatives include Blue Print for Action in
the area of Inter-State Rescue, Prevention,
Rehabilitation,
Health,
Legislation
and
Management Information System
15

UJJAWALA (RADIANCE OF
LIGHT)
A
Comprehensive
Scheme
for
Prevention of Trafficking and Rescue,
Rehabilitation and Re-integration of
Victims of Trafficking for Commercial
Sexual Exploitation launched on 4
December, 2007 ujjawala (access at
www.wcd.nic.in).

To be implemented by NGOs.
16

UJJAWALA (RADIANCE OF
LIGHT)
The
scheme
components:

comprises

of

five

i. Preventionformation of community
vigilance groups/adolescents groups,
awareness
and
sensitization
of
important functionaries like police,
community leaders and preparation of
IEC material, holding workshops, etc.
ii. Rescuesafe withdrawal of the victim
from the place of exploitation.
17

UJJAWALA (RADIANCE)
iii. Rehabilitationsafe shelter for victims
with basic amenities, counseling, medical
care, legal aid, vocational training and
income generation activities etc.
iv. Half-Way
Homesfor
integration.

phased

re-

v. Reintegrationrestoring victim into the

family/community
vi. Repatriationprovide support to crossborder victims for their safe repatriation
to their country of origin.
18

TRAINING AND CAPACITY

BUILDING

Training of various stakeholders such as

NGOs, Judiciary, Police, Social Workers,
Counsellors, Medical Officers, international
delegations, SAARC etc.

Preparation of
different groups

A Protocol for Pre-rescue, Rescue and Postrescue

operations
of
child
victims
of
trafficking for the purpose of Commercial
Sexual Exploitation

Communication Strategy for Prevention of

Trafficking.

Research studies and surveys.

Specialized

Manuals

for

19

Integrated National Plan of

Action
A holistic Plan of Action for Prevention
and Combating Trafficking in Human
Beings with Special Focus on Women
and Children (being finalized).
Address all forms of trafficking
(sexual exploitation, child labour,
bonded labour, organ trade etc).
MWCD ,Ministry of Home Affairs,
Ministry
of
Labour,
National
Commission for Women and National
Human
Rights
Commission
are
collaborating in this effort.
20

CROSS-BORDER
TRAFFICKING

21

SAARC
Regional Task Force meetings
July, 2007 and June 2008 .

held in

Major Action Points: Uniform

Standard
Operation
Procedures developed.
Sharing of Best Practices.
Training and Capacity Building of
Stakeholders.
Common help line
22

Repatriation of Cross Border

Victims
(Indo-Bangladesh)
To prepare a Road Map for Streamlining Procedures and
Processes for safe and quick repatriation of cross border
victims between India and Bangladesh. Facilitated by UNICEF.
Within India, joint efforts of MWCD, MHA, MEA and States of
West Bengal and Maharastra, NGOs and Bangladesh
Counterparts.
Initiatives undertaken to develop a Victim-Friendly Road Map
and Plan of Action.
Two rounds of consulations with representatives from both
countries.
Positive response from all representatives.
A draft Joint Plan of Action and road map has been prepared
for further fine tuning.
23

Integrated National Plan of

Action
A holistic Plan of Action for Prevention
and Combating Trafficking in Human
Beings with Special Focus on Women
and Children (being finalized).
Address all forms of trafficking
(sexual exploitation, child labour,
bonded labour, organ trade etc).
MWCD ,Ministry of Home Affairs,
Ministry
of
Labour,
National
Commission for Women and National
Human
Rights
Commission
are
collaborating in this effort.
24

Public private partnerships

A think tank on public private
partnerships to prevent trafficking
set up in MWCD
Core group on apparel industry set
up; tourism industry to follow suit
projects for economic empowerment
being undertaken for vulnerable
groups and victims of trafficking
25

OTHER INITIATIVES
An Integrated Child Protection Scheme: Provides for improved institutional care, quality
non-institutional and alternative care, counselling
and family support, training and capacity building,
child tracking system and website for missing
children.
Will focus on street children, trafficked children,
children in need of care and protection, children in
conflict with law, HIV/AIDS affected children,
adoption and foster care issues and any other.
Toll
free
Childrens
Helpline-1091

helpline-1098;

womens

Missing Children website being developed

Swadhar Shelter Homes and Short Stay Homes

26

THANK YOU