Adoption of a “human rights perspective” in all measures taken to prevent and end trafficking in women and children.
Development of standard minimum guidelines for all officials and service providers with regard to pre-rescue, rescue and post-rescue operations including rehabilitation, repatriation and reintegration of trafficked victims. These guidelines should be gender-responsive and lay emphasis on the primacy of human rights of those who have been trafficked, including referral to other service providers in order to prevent revictimisation. These could be prepared in the form of information kits or booklets or handbooks or do’s and don’ts or be made part of the rules issued under the concerned law and should also specify the accountability of the agencies concerned in providing services. This would enable all officials and service providers – judicial officers, prosecutors, lawyers, law enforcement officials, medical and psycho-social professionals, functionaries manning homes/agencies of different kinds and others, to discharge their functions and duties effectively.
Ensure that trafficked children, including girl children, are dealt with separately from adult trafficked women in terms of laws, policies, programmes and interventions. The best interest of the child should be of prime consideration in all actions concerning trafficked children. Steps should also be initiated to ensure that children who are victims of trafficking are not subjected to criminal procedures or sanctions for offences related to their situation as trafficked persons.
Formulation of an Appropriate Legal Framework
The Government of India having ratified the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the two Optional Protocols to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts; and on the Sale of Children, Child Prostitution and Child Pornography and having signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, 2000, there is a need to bring a new national law or amend the existing law in consonance with international standards. The new or amended law should be comprehensive enough to address all forms of trafficking including provision for stringent punishments and effective penalties. For example, incorporating legislative provision for confiscation of the assets and proceeds of trafficking and related offences. Wherever possible, the legislation should specify that the confiscated proceeds of trafficking would be used for the benefit of victims of trafficking. Consideration should be given to the establishment of a Compensation Fund for victims of trafficking and the use of confiscated assets should finance such a fund.
The new or amended law should ensure that trafficked victims are prevented from being prosecuted, detained or punished for they are victims of situation beyond their control. Likewise, it should be ensured that protection of trafficked victims is built into the anti-trafficking legislation itself. The protection offered in no way should be made conditional upon the willingness of the trafficked victim to cooperate in the legal proceedings.
The Central and State Governments/Union Territory Administrations should review current laws, administrative controls and conditions relating to the licensing and operation of businesses that may serve as a cover for trafficking, such as marriage bureaus, employment agencies, travel agencies, hotels and escort services.
The law enforcement machinery should take effective measures to investigate, prosecute and adjudicate trafficking, including its related activities, irrespective of the fact whether these are committed by governmental or by non-state actors.
In the light of international commitments made by the Government of India, the Union Ministry of Women and Child Development should review the Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children prepared by them.
The services of nodal officers – one representing the police department dealing with investigation, detection, prosecution and prevention of trafficking and the other representing the welfare agencies dealing with rescue, rehabilitation and economic/social empowerment of the victims and those at risk – appointed by the State Governments/Union Territories with the suggestion of NHRC should be utilised for all purposes.
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