UNIT 6 LAW ENFORCEMENT AGENCIES,

ROLE AND FUNCTIONS

Structure
6.1 Introduction

6.2 Objectives

6.3 Police Station as the Gateway to Human Rights

6.4 The Legal Regime

6.5 Using Legal Provisions

6.5.1 Where to Register FIR ,-
6.5.2 Who can be the Complainant?
6.5.3 Is there any Obligation for the Police to Register Crime?
6.5.4 Which Sections of Law should be Used?
6.5.5 Who is Authorized to Conduct Rescue in Case of Sexual Exploitation?
6.5.6 NOO Initiating Action through Magistrate when Notified Police Officer
in Unavailable
6.5.7 Who is an Authorized Police Officer for Taking Action Under the ITPA?
6.5.8 If an NGO wants to Rescue a Person how should it go about?
6.5.9 Rescue Operation in Case of Exploitative Labour
6.5.10 Eviction of Offenders who Indulge in Commercial Sexual Exploitation
6.5.11 Closing down Places of Exploitative Labour
6.5.12 When should the FIR be Registered?
6.5.13 Interviewing Rescued Persons
6.5.14 Home Verification before Restorations
6.5.15 Who can Arrest an Offender?
6.5.16 How to get Special Police Officers?
6.5.17 Overcoming a Shortage of Police Officers
6.5.18 Are Women Police Officers Essential?
6.5.19 Who is a Central Anti-Trafficking Police Officer?
6.6 Powers, Privileges and duties ofNGOs in Law Enforcement and Justice Delivery
UnderITPA

6.7 What is the Liability of Witness who Refuses to Cooperate with Police?

6.8 Is there any Protection and Safety for the NOOs and Police Officers Against
Litigation?

6.9 What is Home Verification under ITPA?

6.10 As Regards Trafficking of Children for Forced, Labour I.

6.11 Challenges in the Legal Regime

6.12 Administrative Structures

6.12.1 Panchayat Raj Institutions
6.12.2 Anti-Human Trafficking Units (AHTUs)
5
Low Enforcement Agencie , 6.13 Role of the Stakeholders
Roles and Functions: The
Present Scenario 6.13.1 Role of Police
6.13.2 Role of Prosecutors
6.13.3 Role ofJudiciary
6.13.4 District Magistrate/Sub Divisional Magi trate
6.13.5 Women and Child Development Department
6.13.6 Health Department
6.13.7 Labour Department Officials
6.13.8 Information and Broadcasting
6.13.9 Tourism
6.14 Summary
6.15 Terminal Questions
6.16 Answers and Hints

6.1 INTRODUCTION
The institutional response to human trafficking include legal regime, administrative
structures and related institutions which are already in place. The legal regime includes
laws, rulings andjudgments of the Supreme Court and high courts etc. The administrative
structures include circulars, guidelines, and standing orders by the various departments,
ministries or their subordinate agencies as well as the institutions that have been set up
for addressing the various issues. The list of institutions include government departments,
agencies, quasi-government agencies as well as the civil society organizations which
have been authorized to attend to certain tasks.

6.2 OBJECTIVES
After going through this unit, you should be able to:
• know the legal enforcement agencies in human trafficking;
• know the legal provisions dealing with human trafficking;
• analyse the prectical importance ofITPA;
• describe the challenges in legal regime regarding human trafficking; and
• identify the role of prosecutor andjudiciary in combating and preventing human
trafficking.

6.3 POLICE STATION AS THE GATEWAY TO

HUMAN RIGHTS
By the vel)' structure of the system existing in India, information about crimes are reported
and registered at the police stations. The information could be for preventing crime or
forredressing the grievances, post-crime. In such a situation, the first step in preventing
and combating human trafficking, as is the case with any other crime, lies at the police
station. A sensible, sensitive and capable officer in-charge ofthe police station can and
will take all appropriate steps to give reliefto the victim and probable victims. Therefore,
the police station is indeed the gateway to human rights.

6
There are several supervisory.levels in the district and State to supervise the functioning Law Enforcement
Agencies, Role'
ofthe police station. This includes senior police officials, administrative officials,judiciary, I and Functions
human rights agencies and other statutory bodies like Central/State Commissions for
Women, Central/State Commissions for Protection of Child Rights, etc. More often,
these Commissions have an advisory role. Some ofthem are empowered with powers
of Magistrate, enabling them to summon witnesses, documents, materials and response
agencies. However, it is a fact that all these systems fall in place only when they are
functional. This means that the persons who are entrusted with the running of these
institutions are the most important in any given context. Their performance indicates
whether the system is functional, non-functional or dysfunctionaL Since trafficking for
sexual exploitation is one of the most prevalent form of trafficking, the following paragraphs
presents a brief picture about the legal and administrative regime with respect to sex
trafficking.

6~4 THE LEGAL REGIME

The UN Convention on Transnational Organized Crime and its Protocol on Human
Trafficking deals with the issues of human trafficking from a global perspective. This
protocol brings out a standard and universal definition of human trafficking. It includes
three major components. The first component is a list of activities that form a part of
trafficking; the second is the list of means or methods used in trafficking and the third is
the purpose or intention behind trafficking. The components of human trafficking as per
the Protocol are:

Activities Means/Methods Purpose/Intention

(Any of these) (Any of these) (Any of these)
Recruitment Tlireat For the purpose of exploitation,
includes the following:
Transportation Force Prostitution of others
Transfer Other forms of coercion Other forms of sexual e~ploitation,
Harbouring Abduction Forced labour or services
Receipt Fraud Slavery or practices similar to
....of persons slavery
Deception Servitude
Abuseof : Removal of organs
• Power
• Position of vulnerability
Giving or receiving
of payments or benefits
to achieve consent

The consent of a victim of trafficking shall be irrelevant where any of the means set forth above has
been used. 'Consent' is irrelevant in case of children even if this does not involve any ofthe means
set forth above.

The trafficking protocol, which came into force on 25 December 2003, binds the states
that have signed it to arrange all the necessary instruments for preventive activity, victim .
protection and an offensive against the criminal core ofthe business. With regard to the
victims. 'who are defined as such even when they appear to consent to the exploitative
relationship. the destination countries are called upon to offer various forms of assistance
and integration into society, while the countries of origin are supposed to help with
active reintegration of those returning from abroad. 7
Law Enforcement Agencies, Coming to specific regional situations, the SAARC Convention on Trafficking identifies
Roles and Functions: The
Present Scenario the regional issues and provides a broad roadmap to the SAARC countries in addressing
the issues of human trafficking for sexual exploitation. Whereas the UN Convention
visualizes a comprehensive definition oftrafficking involving all types of exploitation, the
SAARC Convention is restricted to trafficking for commercial sexual exploitation.
Moreover; the SAARC Convention is yet to be implemented in reality by all the state
parties concerned even though it has been signed and ratified by all countries. As of
2008, the various structures envisaged under the SAARC Convention are in the process
of being set up, so that appropriate mechanisms to handle the issues of trafficking in the
region are made functional.
The Constitution ofIndia, under Article 23, prohibits human trafficking in any form. The
Constitution-makers envisaged the importance of eradicating human trafficking for all
types of exploitation - sexual exploitation, labour exploitation, trafficking for organ
transplarit, trafficking for exploitation in entertainment industry, trafficking for begging,
trafficking for pornography etc. Due to this constitutional obligation, response agencies
are duty bound to take all steps in preventing and combating human trafficking, whatever
be its purpose.
Specific legislations such as the Immoral Traffic (Prevention) Act (ITPA) brings out
specific offences of sex trafficking and address human trafficking for commercial sexual
exploitation. Similarly, labour laws address issues of exploitative labour. The Indian
Penal Code (IPC) has specific provisions relating to interpersonal violence, the core
issue of human trafficking. Similarly, according to the ILO convention 29, ratified by
India, first, procuring work or service (any economic activity that does not result in
ownership) from any person under the menace of any penalty (disadvantage or painful
consequences resulting from an action or condition); secondly, .procuring such activities
from the said person involuntarily; third, any factor, which deprives a person of choice
of alternatives and compels him to adapt one particular course of action, may properly
be regarded as 'force'. Finally, any labour or service compelled as a result of such
'force' would be regarded as 'forced labour' .The provisions are explicit and far reaching.
Since the convention has been ratified by India, these provisions are obligatory in
enforcement.
Goa Children's Act,2003 lists out the following components that constitute a
comprehensive definition of human trafficking: ,
Activities Means/Methods Purpose/Intention
(Any of these) (Any of these) (Any of these)
Procurement Threat To achieve the consent of a
Recruitment Force person having control over
another person
Transportation Other forms of coercion
Transfer Abduction
Harbouring Fraud
Receipt Deception For monetary gain or otherwise
...of persons
Abuse of:
• Power
• Position of vulnerability
Giving or receiving of
8
payments or benefits

'.,
The offences envisaged under the ITPA, which are specific to the context ofCSE, Law Enforcement
Agencies, Role
include: (1) Keeping or managing (or assisting in keeping or managing) a brothel or and Functions
allowing premises to be used as a brothel. Any place including a vehicle can be a
brothel (S.3 ITPA). ,(2) Living on the earnings of prostitution by anybody, even partly
living on such earnings is an offence (S.4 ITPA). (3) Procuring, inducing, trafficking or
taking persons for the sake of prostitution (S.5 ITPA). Even an attempt to procure or
take would constitute the offence. (4) Detaining a person in any premises (brothel or
any other) where prostitution is carried out (S:6 ITPA). (5) Anybody who carries on
prostitution, or anybody with whom such prostitution is carried on, in the vicinity of
public places such as hotels, vehicles, etc. (S.7 ITPA). (6) Seducing or soliciting for the
purpose of prostitution in any public place or within sight of a public place. It may be
noted that the list of offenders who can be charged for soliciting includes pimps, agents,
contractors, managers, proprietors etc. (S.8 ITPA). (7) Seduction of a person in custody
for prostitution, including 'causing or assisting seduction (S.9 ITPA).
The Juvenile Justice (Care and Protection of Children) Act, 2000, commonly called JJ
Act, also has a few penal provisions. According to this act anybody in control of a child
who assaults, abandons, exposes or willfully neglects the child or procures him to be
assaulted, abandoned or exposed causing the child unnecessary mental or physical
suffering, is liable under S.23 JJ Act. I '.
The offences under the Indian Penal Code, the substantive law of the country, which
are relevant to the context of human trafficking, include the displacing of a person from
her community by coercion or deceit or lure or force, which tantamount to kidnapping!
abduction (Sections 361, 362, 365, 366 IPC). One has to apply one or more of these
sections ofIPC, independently or in conjunction with the speciallegislations mentioned
earlier, depending on the offences/violations committed on the victim in any given situation.
Procuring a person illegally (S.366AIPC); this is a section which has grave punishment I
and therefore relevant in the context of trafficking. Selling a person under the age of 18 ,
years (S.372 IPC) and/or buying a person under the age of 18 years (S.373 IPC).
Importing a person from a foreign country (applies to all cases where the person hails
from a foreign country, or even from Jarnmu and Kashmir, and is under 21 years of age
(S.366 B IPC). Wrongfully restraining a person (S.339 IPC), wrongfully confining a
person (S.340 IPC), causing physical torture/injury (S.327, 329 IPC), subjecting a
person to criminal force (S.350 IPC), causing mental torture/harassment/assault (S.351
IPC), and criminal intimidation of a person (S.506 IPC). Outraging the modesty of a
woman of any age (S.354 IPC), rape/gang rape/repeated rape ofa woman (S.375
IPC); subjecting any person to perverse sexual exploitation, legally termed as 'unnatural
offences' (S.3 77 IPC); defaming a person (S.499 IPC)~subjecting any person to unlawful
compulsory labour (S.374 IPC), and/or criminal conspiracy to commit any crime (S.120
B IPC). ' '

Self Assessment Question

1) What are the ingredient of a crime of trafficking?

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 ••••••••••••••••••••••••••

The trafficked person is essentially a victim of one ormore ofthe violations listed
above. Often victims become pregnant as they are subjected to non-protective sex. If 9
Law Enforcement Agencies, the victim has been subjected to miscarriage, then the liability ofthe offender falls under
Roles and Functions: The
Present Scenario the Sections 312 to 318 IPC. In some cases, the process of exploitation has proven
fatal wherein the victim succumbs to the direct effects of the harm or to the consequential
problems arising thereof. This means that the offence of culpable homicide/rriurder is
also attracted.

6.5 USING LEGAL PROVISIONS

The following SOP (Standard Operating Procedures) on the steps to be taken will be
of help to anybody who is considering how to go about using the provisions.

6.5.1 Where to Register FIR

Since trafficking is a continuing offence, FIR can be registered at the point of source,
transit or destination. There is no bar in having more than one FIR when the FIR at the
source point is with respect to the offence oftrafficking and the one at the destination
point is for a distinct set of offences related to the exploitation. Moreover, there is a
legal mandate. Section 5(3) ITPAspecifically permits registration of FIR in respect of
an offence of sex trafficking at any place, i.e., source, transit or destination.

Self Assessment Question

2) .Can an FIR be registered if the victim of trafficking has not been rescued?
What are the legal provisions?

.'0 •••••••••••••••••••••••••••••• 00 •••• t, ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ': •••••••

6.5.2 Who can be the Complainant?

The complainant who can lodge a crime with the police or courts in a crime of trafficking
could be any person including the victim, guardians, parents, any police officer or any
NGO, any person who has the information can be the source of action.
e-'

Self Assessment Question

3) Can an NGO get an FIR registered in a case of trafficking?

...................................................................................................................

6.5.3 Is there any Obligation for the Police to Register Crime?

The answer is yes. Under section 154 Cr.PC, police is duty bound to register FIR as
and when any cognizable offence is brought to their notice. The police official has no tD
option but to register FIR if the information is about trafficking of any person or even an r
m
attempt to do so. As per law, FIR can be refused only if the alleged offence is trivial or b
w
is non-cognizable. While speaking of a non-cognizable offence, one should know that
any serious offence from a corninon man's perspective is a cognizable offence. The law --
N
m
10 is indeed common sense. Therefore.one can safely presume as to which offence is
 cognizable. However, all offences of human trafficking, all offences of exploitation of Law Enforcement
Agencies, Role
any person by another person or persons, are indeed cognizable offences where the and Functions
police have to register FIR and investigate.

6.5.4 Which Sections of Law should be Used?

When it is a case of sexual exploitation, the special legislation, i.e., ITPAhas to be used
and in case of forced labour, the labour laws have to be utilized. Special and local
legislations have to be added, wherever applicable, for example the Goa Children's
Act has to be used in the state ofGoa. This Act is also applicable in a situation where a
child has been trafficked from Goa to any other state. For example, if a child from Goa
has been trafficked to Maharashtra and the person is rescued in Maharashtra, the
provisions of Goa Children's Act can also be invoked, besides the provisions ofITP A.
Further, the specific sections of Indian Penal Code (IPC) can be certainly added to the
FIR, depending on the specific situations. The fundamental principle is that all relevant
sections of all relevant laws should be applied and that all graver sections oflaw be
invoked at all times.

6.5.5 Who is Authorized to Conduct Rescue in Case of Sexual

Exploitation?
Sections 15 and 16 ofITPAdeal with rescue oftrafficked persons. Under S.15, the
cause of action is police oriented. Herein, the notified Special Police Officer (SPO) in
the state govemmentor a notified Central Trafficking Police Officer (CTPO) of CBI
, .can undertake rescue, if the SPO or CTPO has reasonable grounds for believing that
'an offence under ITPA has or is being committed or is attempted to be committed, in
re~ect of any person living in any premises; and that the search of the premises with a
warrant cannot be made without undue delay. The officer can enter and search such
premises without a warrant, and remove from there all persons found therein (this includes
rescue of victims and arrest of suspects).

Self Assessment Question

-
4) How do you distinguish the provisions of rescue u/s 15 with those in S.16?

6.5.6 NGO Initiating Action through Magistrate when

Notified Police Officer is Unavailable
In such a situation, Section 16 ITPAcomes to help. Under Section 16 ITPA when a
Magistrate (Metropolitan Magistrate, Judicial Magistrate ofthe First Class, District
Magistrate or a Sub-divisional Magistrate) receives information from the police or any
other person (could be anyone authorized by state government or an NOO or any
private person), about any person being exploited for CSE in a brothel, he may direct
a police officer of, or above, the rank of SI to rescue the person and any other similar
persons. The police officer can/shall rescue all such victims and also take into custody
all suspects and produce them before the magistrate who issued the order.
11

I'
Law Enforcement Agencies, Undoubtedly, with the law enforcement agencies have.powers to rescue any trafficked
Roles and Functions: The
Present Scenario person. The redeeming feature here is that the NOOs can be the trigger factor and they
need to go to the SDM and invoke his/her powers arid initiate action.

6.5.7 Who is an Authorized Police Officer for Taking Action

Under the ITPA?
1) Police officers who are authorized to investigate crimes under ITPA, 1956 such as
notified police officers uls 13(1), (2) lTPA, or subordinate police officers, authorized
by the state government uls 13(3) (a) ITPA, or Central (Anti) Trafficking Police
Officers U/S 13(4) ITPA.
2) Police officers authorized to arrest offenders such as U/S 14(i) arrest without warrant
can be done by a special police officer or anybody acting under his direction or
guidance, or.uls 14(ii) arrest without warrant can be done by any subordinate
officer, when authorized.in writing by a special police officer. U/S 14(iii)arrest even
without a written order by the SPO can be done by any police official, provided
helshe is of the rank of SI or above and believes delay will lead to destructionl
concealment of evidence, or the offender is likely to escape, or suspects that the
person is stating a false nameladdress, etc.
3) Police officers who can undertake rescue are any notified police officer as stated
at (1) above. Any police officer authorized to arrest an offender as stated in (2)
above can rescue any victim while undertaking arrest of suspect. Any police officer
of the rank of SI, and above, specially authorized by any competent Magistrate
(Metropolitan Magistrate or First Class Judicial Magistrate orDM or SDM) uls
16ITPA.

6.5.8 If an NGO wants to Rescue a Person how should it go

about?
In such situations there are two options. The NOO can move the police station and
request them to take action U/S 16 ITPA. Police can and should act in such situations. A
notified police officer has got powers to conduct rescue. If a notified police officer is
not available theSHO can contact the notified officer wherever he or she is located and
take orders and move ahead; In any case, the SHO is authorized to prevent crimes
and, therefore, can ,actwithout hesitation.
For some reason if an NOO is not able to reach the police or does not warit to go to
police, there is another option - the NOO can move a Magistrate uls 16 ITPAand
.obtain orders from.the Magistrate who can direct a police officer of any rank from SI
and above. The Magistrate in this case could be either a Sub-Divisional (Executive)
Magistrate or a Judicial Magistrate.

Self Assessment Question

5) When and how can an NOO carry out rescue?
............................................................ , . I,)
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 •
Law Enforcement
6.5.9 Rescue Operation in Case of Exploitative Labour Agencies, Role
and Functions
The Rescue Team, wherever possible, should be.accompanied by the SDM, as he is
the implementing authority under the Bonded Labour System (Abolition) Act 1986
and, therefore, his services may also be utilized wherever applicable. If the SDM is not
accompanying, the Rescue Team should obtain search warrant uls 166 Cr.PC. Since
the SDM is the implementing authority under the Bonded Labour Act, any complainant,
. including NGO, can move the SDM for rescue/ identification.

Self Assessment Question

6) How is the rescue in a case of sex trafficking differ from the one in a case of
trafficking for labour?

6.5.10 Eviction of Offenders who' Indulge in Com~ercial

Sexual Exploitation
Section 18 rTPA makes drastic provisions of eviction of the offenders who are indulging
inCSE. This includes brothels and even places where sexual exploitation takes place
under the garb of any legal activity like massage parlour, hotel, beauty parlour, beer bar,
etc. Under Section 18(2) ITPAafier conviction of the offender, the JudicialMagistrate,
who is convicting the case, can suo moto order eviction. However, as per the law, even
before conviction, eviction is possible. Under Section 18( 1) the power lies with the
District Magistrate and the Sub- Divisional Magistrate or any person entrusted specifically
with such powers, i.e., commissioners of police who has been notified so. Best part of
this law is that even before the case is charge-sheeted by the police, eviction is possible.
The authority concerned has to give a notice to the offender, allow seven days. time for·
reply and thereupon have an objective appreciation of the evidence and pass orders
evicting the person from the premises and directing the police to close down the place.
The stringent part of the law on eviction is Section 18(3). It says that the order passed
by the Executive Magistrate U/S 18(1) or the Judicial Magistrate U/S 18(2) oflTPA
cannot be challenged in any court oflaw, on facts, by way of appeal or stay. Therefore,
the authorities concerned only need to exercise objectivity and also follow the procedural
requirements, so that the order is riot vitiated. Once this is ensured, the orders passed
by the competent authority (u/s 18(1) or 18(2) ofITPA) remain final.

Self Assessment Question

7) What is the practical importance ofS.18 ITPA?

6.5.11 Closing down Places of Exploitative Labour:

The labour department can move an application to the district Magistrate to order
closure of the iUegal factories and cancellation of registration of factories/places of work 13
Law Enforcement Agencies, under the Interstate Migrant Workmen (Regulation of Employment and Condition of
Roles and Functions: The
Present Scenario Service) Act 1979, the Factories Act 1948, the Shops and Establishments Act and
various other safety and welfare legislations.

6.5.12 When should the FIR be registered?

FIR can be registered before rescue or after rescue. There is no bar. If rescue is
important and urgent, the notified police officer need not wait for an FIR to be registered
and can suo moto carry out rescue. Similarly, if a Magistrate orders rescue uls 16 of
ITPA, there is no need for the police to register FIR before rescue. The police can go
ahead with the rescue and thereafter get back to the police station and register FIR.

6.5.13 Interviewing Rescued Persons

Under Section 15 (6A) ITPA, strange as it may look, there is a requirement that the
interview of a rescued woman will be done either by a female police officer or if a male
police officer has to do the interview, he has to do it in the presence of a female NGO.
Therefore, a male official,by himself, cannot undertake such interviews.This isa provision
in the law, perhaps unparalleled anywhere in the world. However, this provision gives a
statutory authority to the NGOs to be part of the investigative process, thereby ensuring
that the victim' rights are protected. (For detailed guidelines of interview, refer to "SOP
on Investigations" and "Psychosocial Manual" by UNODC, 2008).

6.5.14 Home Verification before Restoration

Under the ITPA, there is an essential requirement of 'Home Verification', vide Section
17(2) ITPA. The Magistrate should summon a panel offive responsible persons out of
whom three should be women. Therefore, the home verification process can be easily
. entrusted by the Magistrate to reputed NGOs. (For details of home verification, see
the SOP by UNODC).

6.5.15 Who can Arrest an Offender?

Under S.41 Cr.PC, police has the power to arrest, without warrant, any person who is
committing an offence. Police can use this power to prevent an offence too. The public
also has powers to arrest an offender. Under S.43 Cr.PC, any private person/civilian
may arrest or be the cause to arrest any person who commits a non-bailable and
cognizable offence. However, immediately thereafter, the arrested person has to be
forwarded to the police station or a police officer nearby. Thereupon, the police will
conduct verification and ifby any chance it is observed that there was no sufficient
, reason to believe that the arrested person has committed an offence, he can be let off.

Self Assessment Question

8) Can a civilian arrest trafficker?

14
 Law Enforcement
6.5.16 How to get Special Police Officers? Agencies, Role
and Functions
Under S.13( 1) ITPA, the state government can notify one or more police officers, not
below the rank of Inspector of Police, as SPO having powers over a specificjurisdiction,
which may include the entire state. Since many trafficking cases have inter-district and
even inter-state ramifications, it is advisable to have such notifications, without
jurisdictional restrictions. If the jurisdiction of the SPO is coterminus with that of the
offender, the SPO can carry out unrestricted investigation. It may not be possible to
notify an officer with powers beyond the state, but at least within the state there should
be freedom to move and act in time. (A case in point is the Anti- Trafficking Act, 2000
of USA, where the law enforcement agency has jurisdiction anywhere and everywhere
in the world where the investigation ofthe crime leads him.)

6.5.17 Overcoming Shortage of Police Officers

S.13(2A) ITPA authorizes the District Magistrate to notify any retired police officer
(who, when retired, was not below the rank oflnspector of Police) or any retired
military officer (who, when retired, was a Commissioned Officer) as Special Police
Officer (SPO) to undertake all activities under ITPA. It is advisable that the
Superintendent of Police identifies appropriate retired officials and moves the DM for
notification. However, this arrangement is envisaged only to deal with offences under
ITPA, i.e., issues of trafficking for CSE and not on trafficking for other types of
exploitation.

6.5.18 Are Women Police Officers Essential?

Under S.13(3) (a) ITPA, the SPO notified by the State Government shall be assisted
by adequate number of Subordinate Police Officers including women police officers,
wherever practicable. The best situation would be to notify a combination of male and
female police officers for each unit. Wherever women police officer of the rank of
Inspector or above are available, they should be notified as SPO. Ifwomen police
official is not available, the SPO should take assistance of women NGO/ social workers.

Self Assessment Question

9) How can rescue be done ifthere is no woman police?

6.5.19 Who is a Central Anti-Trafficking Police Officer?

Is there anybody notified? Under S.13 (4) ITPA, Government of India can notify Central
Trafficking police officers (CTPO) with powers throughout India. The best part ofthe
story is that, as per law, such CTPO can be appointed not only for investigating offences
under ITPA,but also under any law dealing with sexual exploitation of persons committed
in more than one state. Therefore, a notified CTPO will have powers to investigate
crimes relating to not only trafficking but also other such crimes, such as those relating
to pornographic rackets, 'sale' and 'purchase' of women, etc., which have inter-state
and international ramifications. This provision would apply even in those cases where
15
Law Enforcement Agencies, the trafficked person, who is sexually assaulted, is a male. Furthermore, this would
Roles and Functions: The
Present. Scenario apply in cases of trafficking for exploitative/forced labour too, ifthe victim is abused
sexually also.
The Government ofIndia (refer notification No.2-27/ 200 l-CP dated 28 August 2001
I..
ofthe Department of Women and Child Development, Ministry of Hum an Resource
Development), has appointed officers of and above the rank ofInspector of Police in
CBI (Central Bureau ofInvestigation) as (Anti) Trafficking Police Officers having
jurisdiction throughout India to investigate any offence under ITPA or any other law
dealing with sexuaf exploitation of persons committed in more than one state.

6.6 POWERS, PRIVILEGES AND DUTIES OF

NGOs IN LAW ENFORCEMENT AND JUSTICE
DELIVERY UNDER ITPA
ITPA is a social legislation which envisages a large role for NGOs/CBOs (Community
Based Organizations), and social workers. The legal powers enjoined by the NGOs
have been described in Unit-8.

6.7 WHAT IS THE LIABILITY OF WITNESS WHO

REFUSES TO COOPERATE WITH POLICE?
As per S.15(3) ITPA, any person who, without reasonable cause, refuses or neglects,
t to attend arid witness a search, when called upon to do so by an order in writing,
delivered or rendered to himiher, shall-be deemed to have committed an offence u/s
187 IPC (Refusal to assist public servant when bound by law to give assistance).
Though, it is a non-cognizable and bailable offence, it entails punishment up to six
months' imprisonment and fine. If a witness refuses to cooperate, without genuine and
valid reasons, police can file a report before the Judicial Magistrate who can initiate
legal action. . '

6.8 IS THERE ANY PROTECTION AND SAFETY

FOR THE NGOS AND POLICE OFFICERS
.AGAINST LITIGATION?
S.15(6) ITPA provides a safety clause for bona fide work. The authorized police officer,
the witnesses, and the NGOs who take part, attend, or witness a search shall not be
liable to any litigation, civil or criminal proceedings which may be filed against them on
any activity undertaken by them in connection with or for the purpose of the search.

Self Assessment Question

10) Does NGOs have any legal protection while undertaking anti trafficking work?

••• I ••• I •• I • I ••• I •• I ••• I ••• I •••• ~ ••• I. ,' •••• I •••••••••••••••• I •• t •t I ••••••••••••••• , ••••••••••••••••••••••••••••••••

16
 Law Enforcement
6.9 WHAT IS HOME VERIFICATION UNDERITPA? Agencies, Role
and Functions

Or how and why is it done? As regards trafficking for sexual exploitation, as per the
mandatory requirement ofS.17(2) ITPAHome Verification of the rescued person is
essential. The points of verifica~on include:
• The correctness of age
• Character and antecedents
• The suitability of the parents! guardian/husband for taking charge of the person
• The nature of the influence which the condition in the home is likely to have on the
person if she is sent home
• The personality ofthe person, and
• The prospects of rehabilitation u/s 17(5) ITPA.
Since the task of verification can be entrusted to NGOs, the law enforcement officials
need to network with appropriate NGOs and bring to the notice ofthe Magistrate the
name, address and other details ofthe NGOs. Once the task is assigned to the NGOs,
it needs to be facilitated and followed up so that the verification is expedited and
facilitated.
Objectivity is called for in the process of verification. The verifying authority should
consult the victim, her well-wishers, friends, parents, guardians, neighbours and all
persons who can share information. There are instances where the guardians themselves
have indulged in trafficking. Therefore, extreme care is called for in arriving at conclusions
(See Patkar, 2004, for details on Home Verification).

How can Police Facilitate Home Verification by NGOs?

• Helping to locate the residential address and other contact places.
• Helping to locate the relatives; friends, well-wishers, etc. who can be interviewed
bytheNGO.
• Helping to meet the educational institutions and the authorities where the victim
may have studied. This can h~lp to get details of date of birth also.
• Providing transportation to the NGOs and others.
• Providing security to the NGOs from traffickers and offenders.

6.10. AS REGARDS TRAFFICKING OF CHILDREN

FOR FORCED LABOUR
The following are relevant:
• Ll/s 33 JJ Act, when a 'child in need of care and Protection' is produced before
the CWC (Child Welfare Committee), the latter may pass an order to send the
child to the Children's Home and call for speedy inquiry by a social worker!child
welfare officer. Such inquiry is to be completed within four months of the receipt
of the order.
• The 10 (Investigating Officer) should move the Prosecutor to oppose any release
ofthe rescued person (adult or child) to anybody before the Home Verification
Report is received, so as to prevent re-trafficking ofthe victim.
17
Law Enforcement Agencies, • In the meantime, the 10 should request the Magistrate/CWC to send the victim
Roles and Functions: The
Present Scenario (adult or child) to an appropriate Home for interim care established for adults and
children u/s 17(4) ITPA and u/s 33(4) ofJJ Act, respectively.
• Before the Magistrate/CWC hands over the rescued person to the care of parents
or guardian, vide S.17 A ITPA, the Magistrate/CWC needs to be convinced of
the capabi lity and genuineness of'the parents/ guardian. The 10 should move the
, Magistrate through the Prosecutor to address this issue.

6.11 CHALLENGES IN THE LEGAL REGIME

There are a large number of issues which have come up in the implementation of the
existing legislation on sex trafficking, labour trafficking and trafficking for other types of
exploitation. As of2009, a revision/amendment ofTTPA was being considered by the
government with a view to ensuring non-victimization of the victims and, at the same
time, ensuring stringent penalty to the offenders including customers. No doubt, in the
existing legislation also there is a provision to bring the customers to law. Section 5( 1)(d)
and Section 7(1) ofITPAcan be used to deal with the customers. Similarly, if the victim
is a child, the customer becomes Iiable under JJ Act. If the victim is under 16 and has
been sexually assaulted, even with her consent, the 'customer' inevitably becomes
liable under 375 IPC, i.e., rape. Further there are specific sections in the IPC, referred
to earlier, for abduction! kidnapping a person for forced labour or for sexual slavery.
However, the ITPA, as of today, does have a few major challenges in practical
implementation, as listed below:
Firstly, the responsibility ofthe agencies concerned with post-rescue care and attention
has not been legally mandated. When a duty is cast on the police or the Magistrate for
rescue of a person, a simultaneous duty needs to be cast on the concerned department
or agency of the government to ensure that the rescued person is counselled and
rehabilitated, so that the person can enjoy a life with dignity and, above all, is not
subjected to further exploitation nor re-trafficked.
Similarly, investigation in certain trafficking crimes has shown that traffickers have
amassed illegal wealth from the crime. Whereas many Indian laws provide confiscation
of assets borne out of crime, ITPA, despite being a special and recent legislation, does
not have a specific provision in the Act to deal with the confiscation of assets illegally
made out of crime. Therefore, such a provision would be welcome and essential. As of
today, for confiscation of assets one has to take recourse to Section 105 Cr. PC or the
Criminal Law Amendment Ordinance 1944. However, the Appendix to this Ordinance
does not speak about ITPA and, therefore, on ly when the chargesheet includes IPC
sections, can the agencies take recourse to the Criminal Law Amendment Ordinance,
1944 for confiscation of assets. Hence it is advisable that the provisions of confiscation
of illegal assets are specifically brought into ITPA.
Thirdly, anti-human trafficking units (AHTU) have been setup in certain places in India
by UNODC, in partnership with the state government agencies. This is a Anti-Human
Trafficking Project of UNO DC run in partnership with Government ofIndia (2006-
2008). According to this, MOU among the stake-holders is an important tool to lay m
down responsibility and ensure accountability. The Protocol onAHTU developed by r
mI
UNODC is an important tool in this context and based on this, some states have already o
(,..)

made MOUs. It would be advisable that either the law or the rules made under the law N
m
18
provide for such MOUs. In the given context three types of MO Us are envisaged. The
first MOU is among the government agencies, i.e., the Police Department, the Welfare
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 Department, the Labour Department, the Department of Women and Child Law Enforcement
Agencies, Role
Development, the Department of Social Justice, Department of Health, etc. The second and Functions
MOU is between government departments and NGOs clarifying each one's role and
functions. The third MOU is among the NGOs who are working in this field at a particular
place. For example, if an NGO is specialized in rescue and another NGO is a specialist .
in counselling, with the third one specializing in providing rehabilitative services, it would
be appropriate to have an MoU among these three NGOs. This would ensure the
smooth movement of the rescued person from one place to another and each agency
takes on their job at the given point oftime, thereby ensuring that the victim is not
violated further and no further harm or damage is done to the victim. This also entails
role clarity of the various stake-holders and thereby ensures their accountability.
Moreover, if such M0U.s are given a legal mandate they can be functional as ombudsman
too.

Self Assessment Question

11) Describe the challenges in justice delivery inAHT.

6.12 ADMINISTRATIVE STRUCTURES

The functional institutions can be classified into international agencies, national agencies,
and local agencies. Among the international agencies, UN agencies as well as multinational
NGOs are more prominent. National agencies include the Union Government, the state
governments, the ministries and departments concerned, other sister agencies of the
government, the Human Rights Commission, the Women's Commission, Child Rights
Commissions or National Commission for Protection of Child Rights Legal Aid Services
Authority and such other bodies who have been entrusted with some power or the
other in administering or getting or facilitating or regulating the activities ~dertaken to
prevent and combat human trafficking. Among the local agencies, we can include the
local government officials, the Panchayati Raj institutions (PRI) as well as other similar
local bodies. This may include governmental and non-governmental agencies which
have some int1uence in the region or locality. For example, the Government of'Tamil
Nadu has set up a three-tier system of monitoring anti-human trafficking activities. At
the state level it is chaired by Chief Secretary, at the district level it is chaired by District
Collector and at the taluk level it is headed by the Panchayat chief. So, this body at the
grassroots, which has been authorized or entrusted with powers and responsibilities
relating to anti-human trafficking, is as important as the state level committee. In fact,
the grassroots institutions are significant in matters of prevention of trafficking right at
the source point. The positive role played by some ofthese agencies and institutions in
preventirig and combating human trafficking is immense. .

6.12.1 Panchayat Raj Institutions

Being functional atthe grassroots and being constituted by local representatives; PRIs
have eyes and ears to the ground. They can undertake several steps inAHT. On the
anti-human trafficking front the PRIs can be:
19

f
. >'.~.i
Law Enforcement Agencies, • Whistle-blowers against traffickers and violators, and notify law enforcement
Roles and Functlons: The
Present Sccna ri o agencie at the right time.
• Look for suspects and suspicious character, who could be traffickers.
• Attend to issues of missing persons, especially women and children, and help
police to locate, trace and re cue them.
• Collect intelligence and pass it to police for action. This could be regarding
vulnerable persons, likely victims, traffickers violators, recruiters, trafficking route ,
transit points, etc.
• Ensure checks and balances on the activities of police, NGOs and all responders.
• Enlist support of the community for the victim so that she is rehabilitated, not
stigmatized nor abandoned, etc.
• Raise community awareness against human trafficking.
• Empower vulnerable persons about their rights and alert them against human
trafficking.
• Link up with government agencies and help address vulnerabilities like illiteracy,
unemployment, uneven levels of income, etc.
• Link up with Corporates and help proper rehabilitation of the survivors.
• Undertake special efforts-to remove traditional and cultural practices which violate
women's rights. This includes fight against female foeticide, female infanticide,
'dedication' of girls tinder Devadasi tradition, etc.
• Organize a network of persons who can jointly become a formidable force against
human trafficking. For example, a group of survivors, a network of social activists,
a team of youths or volunteers, etc.
• Undertake public meetings/programmes honouring those who have done excellent
work in preventing and combating human trafficking, as well as in carrying out
research; such public support will be a great morale-booster for the responders
and it will also help generate public support for the responders.

Self Assessment Question

12) How can PRI's help in anti-trafficking?

6.12.2 Anti-Human Trafficking Units (AHTUs)

These are comprehensive Task Force units, involving law enforcement officials, other
government department officials and NGOs. Such units are set up to address human
trafficking in a holistic and integrated manner, simultaneously attending to prevention,
protection and prosecution. The UNODC Project 2006-08 is an example when several
such AHTUs have been set up. The initiative which was done on a pilot basis has made
tremendous impact in the response system and therefore efforts are afoot in replicating
.-
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the same. The officials and NGOs who are working in theAHTU are selected, trained,
empowered and are provided with the required administrative infrastructure which
includes vehicles, cell phones, computer systems, resource materials, besides hiring
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office/furniture, etc. Contingency funds were also provided for attending to the immediate Law Enforcement
Agencies, Role
requirement of the rescued person, viz, medical care, clothing, food, lodging, and Functions
transportation, etc.

Self Assessment Question

13) DescribeAHTU .
................................ .................. .. ....... .. .......
'" ~ .

TheAHTU model has established certain fundamentals in the anti-human trafficking

response systems. These include: (1) The best response to human trafficking has to be
integrated, holistic and multidimensional. (2) All the stakeholders have to work in synergy.
(3) There is a need for role clarity and role conformity. (4) Roles of the various
stakeholders are not complementary, but are supplementary. Yet there is a process by
which the roles are integrated, one leading to the other and may be cyclical at times. (5)
The victim remains central in this response system and, therefore, all responses are
oriented towards the 'best interest ofthe victim'. Good and bad response is decided
based on this benchmark. (6) Quantitative and qualitative indicators are available for
measuring the output and the impact. This helps in evaluation and also in corrective
action, whenever required. (7) It enhances help seeking role ofNGOs, public and
victims. (8) It enhances help rendering role of police. (9) It provides for checks and
balances and keeps the law enforcement agencies involved in proper action. (10) It
facilitates expeditious action and justice delivery. (11) It enhances public trust in police.
(12) It facilitates community policing. (13) The model provides a great tool for
appreciating the good work done by the responders. The award/reward system will
enhance accountability of the responders, improve their morale and output.

Public Awareness Initiatives by governmental and nongovernmental agencies have made

tremendous impact in preventing and combating human trafficking. Public awareness
activities are of two types, some are on a sustained basis and others are on a campaign
mode. Focussed attention is required at problem areas like vulnerable places, vulnerable
populations, etc. Media agencies, both print and visual, are very powerful tools in the
process. In this context, certain initiatives undertaken in India during 2006-08 are worth
mentioning. (For details see "Human Trafficking: Dimensions, Challenges & Responses",
Dr PMNair, Konark Publishers, 2010).
Public Awareness Films on anti-human trafficking: During the year 2007, tJNODC
brought out a short documentary film titled One Life, No Price. This film developed
with the active participation of celebrities like Amitabh Bachchan, Preity Zinta, John
Abraham, etc. (the author is the concept advisor of the film and had undertaken the
task oflinking up and involving these celebrities) has made a marked impact in creating
public awareness to the issues of human trafficking. The documentary, though of a short
duration, focuses on dimensions of human trafficking in the first part, followed by the
response systems in the second part and what needs to be done in the last part. The
message from the celebrities has indeed added value and recognition to the theme of
the film. This film which has been circulated throughout the world has been well
appreciated by different stake-holders as a powerful tool in public awareness.

Integrating anti-human trafficking messages in commercial films: For the first time
in the history of commercial cinema, antihuman trafficking message has been integrated 21
 Law Enforcement Agencies, into a film. The film titled Welcomeproduced by reputed film producer Firoz Nadiadwala
Roles and Functions: The
. Present Scenario is unique in that the film has, in its beginning, integrated anti-human trafficking message .
A condensed version ofthe documental)' titled One Life, No Price has been integrated
with this commercial film. With the launch of the film in 1,100 theatres across the world,
starting up with its launch in December 2007, it has now been seen by more than three
,million people across the world. This out-of-the-box thinking and initiative in dovetailing
the documental)' film into the commercial film has been a great experience in spreading
the message of anti-human trafficking.
The Mahila and Shishu Desk of Government of Orissa: This is a special cell for
women and children in all police stations across the state. The officials who are in
charge ofthe Desk and those who run the Desk have been specifically trained and
empowered in dealing with issues of women and children including human trafficking.
This is a great initiative in addressing the issues at the grassroots and in an institutionalized
manner. Police station, the basic unit oflaw enforcement functional at the cutting edge,
has direct interaction with the victims and their guardians. It is the gateway to human
rights. So much is being done at these stations to prevent and combat exploitations and
violations against human beings. In fact, more often such splendid response is exactly
what a victim is looking for. However, more often, those victims who get solace at the
police station remain a silent mass. Only those who do not get proper response or are
not satisfied move out to other channels and many times such issues get publicized too.
Nevertheless, the silent work at the police station is more meaningful for the victim and
in this regard, the Mahila Shishu Desk is a great initiative.
MOU between police and NGOs: While setting up the integrated AHTUs under the
UNODC-MHA project 2007, the West Bengal CID treaded on unchartered territory,
In order to establish synergy with the NGO partners, the police entered into an MOU
with the NGOs. This unique MOU not only defines the roles, but also lays down
responsibilities and duties of both the agencies. It helped both parties in addressing
human trafficking from a human rights perspective. Above all, this MOU ensured mutual
accountability.
Jointly running Homes in Maharashtra: The Maharashtra Government has taken an
initiative in involving NGOs in the eo-management ofthe Homes where rescued persons
are lodged and looked after. This decision was based on practical issues. One of the
major complaints against the response agencies used to be that there was no proper
care and attention after rescue and that no efforts were made for the rehabilitation of
the rescued person. There were complaints of corruption, mismanagement, etc., against
some of these 'Homes'. Taking into consideration these issues, the Maharashtra
Government identified an appropriate NGO, Prerana, and developed a protocol for
eo-management ofthe government-run Homes. The joint responsibility extends to all
activities including the day-to-day running ofthe Homes, ensuring proper care and
attention to theinmates, ensuring that their rights are not violated, ensuring that proper
rehabilitative measures are initiated, etc. The joint partnership ensures mutual
accountability and probity in functioning. Perhaps this is a unique initiative in allowing
NGO to run government institutions,
Initiatives in rehabilitation: There are several initiatives across the country that provide
appropriate rehabilitation package to trafficked persons. The traditional system of
surrendering the rescued person to three or four limited avenues of so-called rehabilitation
such as stitching, tailoring, embroidery and pottery had outlived its utility, especially
since most ofthese persons did not find self-sustaining livelihood options through such
22
vocations. Therefore, the world of rehabilitation witnessed out-of-the box thinking and Law Enforcement
Agencies, Role
initiatives, initially propelled by NGOs, then gradually en~orsed by various government and Functions
agencies and UN agencies and eventually supported by Corporate agencies or Business
houses. Some examples are:
• Swift Wash in Goa: An NGO by name ARZ did market survey and observed
that there is a good market for providing laundry services in the tourist paradise
Goa. When the rescued women needed to be employed, this agency considered
laundry services as an option and trained them in this process. They contacted
Corporates who could financially support them in establishing the launderette.
Simultaneously, they networked with hotels, guest houses and tourist operators in
Goa offering laundry services by the rescued women. The women were trained in
knowledge and skills to run the launderette, including collection and delivery of
material from and to hotels. The synergy ofthe NGO with the Corporates duly
endorsed and appreciated by the government officials made it a success story. By
mid-2008, Swift Wash in Goa had employed several rescued women in sustained
livelihood and is a great success story.
• AMUL Experiment in Hyderabad and Delhi: Certain reputed NGOs, like
Prajwala at Hyderabad and Prayas at Delhi, worked with IOM (International
Organisation on Migration) and the Amul Corporate House to set up ajoint venture
in rehabilitation of trafficked persons. As a result of this initiative, trafficked survivors
were trained and employed as vendors inAmul Parlours at several places, thus
providing them with a life of dignity and regular income.

Self Assessment Question

14) Present more case studies of effective rehabilitation?

6.13 ROLE OF THE STAKEHOLDERS

Considering the mandate given to the agencies as per the constitutioh, law and
administrative directives, tile role of various agencies could be summarized as follows:-

6.13.1 . Role of Police

As the primary responder legally mandated to attend to all aspects of combating and
preventing human trafficking, the police l3!eresponsible for:
• Intelligence collection: includes information
about victims, likely victims and vulnerable The UNODC Project 2006-08
persons as well as about traffickers, is an example wherein several
exploiters, abusers, conspirators. There is an such AHTU s have been sent
urgent need to share intelligence with all up. The initiative which was
concerned and act on the same without delay. done on a pilot basis has made
tremendous impact, in the
• Rescue victims and likely victims and thus response system and therefore
prevent further exploitation. efforts are. afoot 'in replicating
• Apprehend all offenders and take all stringent the same.
actions as per law. 23

,
,.J
Law Enforcement Agencies, • Register crimes as and when any reliable information is received about any activity
Roles and Functions: The
Present Scenario related to human trafficking and entrust investigation to a competent officer'
• Conduct professional investigation from the organized crime perspective,
investigate into the source. transit and destination areas, bring all facts at all these
places on evidence and ensure legal action against all offenders at all these places.
• Attend to all legal steps required to ensure that the offenders do not cause any
harm to the victim/witnesses. This includes steps like segregation of rescued persons
to prevent intimidation, etc.
• Ensure victims are notforther victimized by anybody; ensure all steps regarding
victim/witness protection.
• Ensure Human Rights. The police station can and should be the gateway to
human rights. Victim should be treated with empathy. Validate her harm. Make her
feel she is only a victim and not an accomplice. Assure her of redressal of grievances
as a matter of right and duty ofthe police.
• Ensuring gender sensitivity - A female victim may not be comfortable with a
male police officer.It is hence mandated that a lady police official shall accompany.
If a lady police official is not available, then the police officer shall request a lady
from a recognized NGO to accompany him during the entire process of response,
including escort for medical care, etc. The police officer shall ensure the presence
ofthe Lady Representative from the NGO in case a male doctor/expert attending
to the female victim.
• Network with counsellorslNGOslother government departments to ensure
proper counselling of victims, and to ensure appropriate steps are taken for post-
care and attention ofvictims, including rehabilitation, restoration/repatriation, etc.
• Takesteps to record statement ofvictirnlwitness u/s 161 and 164 Cr.PC. Though
this is to be done without delay, it should be pursued only when the victim is in a
proper frame of mind to do so.
• Ensure prosecution of the case especially by ensuring production of witnesses,
documents, exhibits; etc.
• Present entirefacts before the court in a comprehensive casefile which should
also include crime map, sketch of scenes of crime including places of so rce,
transit and destination. Use of electronic format shall be encouraged wherever
feasible. .
• Liaison with all concerned to expedite the process of justice delivery;
• Ensure all actions are initiated for post-conviction steps as directed and
mandated to the Police.
• Address demand by a two-fold strategy. On the one hand, stringent legal action
should be ensured against all traffickers and exploiters and, on the other hand,
demand amongst adolescents should be addressed through sensitization on issues
of gender, child rights and human rights.
• .Connect with the concerned departments like 'missing persons' bureau and
integrate the data of trafficking in order to facilitate appropriate follow-up.
• Priority should be assigned to issues of human trafficking.

1 Under Indian law, trafficking for sex can be investigated only by a special police officer notified by the state
government or the union government. Human Trafficking: Dimensions, Challenges and Responses (2010);
24 Nair P.M.; Konark Publishers Pvt Ltd.

-.
 ,
Law Enforcement
6.13.2 Role of Prosecutors Agencies, Role
and Functions
Considering the multifaceted nature of a human trafficking crime and the multiple violations
and depredations on the victim, the prosecutor has to be sensitive to the issues and
needs to take proactive steps in the redressal of grievances, in victim care and in getting
offenders punished with celerity and certainty. In this process the.prosecutor, whichever
court he is working with, has the following roles and services to adhere to:
• Ensure expeditious trial, and bring to the notice ofthe court all dilatory tactics by
the accused and
, ensure remedial action.
.• Ensure victim-witness care and protection by seeking ad,equate intervention of
court and communicate directives to all concerned and ensure compliance through.
the court.
• .Ensure compliance of all provisions in the law and in the decisions of the Supreme
Court and the jurisdictional high court regarding victim/witness care and protection.
This includes in-camera triaF.
• Seek the indulgence ofthe court in getting NGO/counselor support to the victim
so as to help the victim get over the trauma and at times to facilitate the trial
proceedings especially to communicate the victims. views/replies/ queries, etc.
• Move the court for all legal steps envisaged under the law, especially 'Home
verification' under ITPA, 'release certificate' under BLAcompensation to the
victim under the existing govemment orders, etc.
• Link with police and ensure timely production of witnesses, documents, materials,
exhibits, expert reports, etc. and also appearance/deposition by all experts who
are required to depose as witness, which includes medical professionals, forensic
experts, etc.
• Link-up with police to ensure safety of persons and materials.
• . Utilize the best provisions oflaw to get charges framed against the accused under
. all possible sections ofthe relevant laws, even if they do not find mention in the
police charge-sheet.
• Movethe court for stringent punishment, minimum mandatory punishment, fine
along with punishment, etc. for convicted persons. If it is a repeat offender, seek
enhanced punishment.
• Move the court for closing down and eviction of places of exploitation as per the
existing laws' as and when the accused is convicted. Move theSDM, wherever
laws provide, for closing down and eviction of places of exploitation as per the
existing laws",
• Advice the police to move papers for closure/eviction asmentioned above as well
as for cancellation of hotel licence U/S 7 ITPA, and for cancellation of industry/
factory/ workplace where labour has been exploited.

2 As envisaged in S.327 Cr.PC,judgements of the Supreme Court like Sakshi vs. UOl, Praful Desai vs. UOl
etc., judgements of high courts like Prerana vs Government of Maharashtra etc - Human Trafficking:
Dimensions, Challenges and Responses (2010); Nair, P.M.; Konark Publishers, Pg-202.
) For example, S.18(J) ITPA.
4 For example, S.18(2) ITPA.

25
Law Enforcement Agencies, • Move the court to direct rehabilitative agencies for taking steps for extending
Roles and Functions: The
Present Scenario appropriate rehabilitation to the rescued person.
• Help police in getting statement u/s 164 Cr.PC recorded, in carrying out TIP (Test
Identification Parade) and such other legal processes.
• Prosecutors can be instruments in ensuring accountability of responders. It has got
two facets - (1) rewarding the good work, 2) punishing the wrong-doer. The
prosecutor should move the court for recording appreciation of good work done
by the investigator, counsellor, medical officer, forensic expert, other service
providers, and thereafter communicate these commendations to all concerned
including the supervisors/managers/senior officials, etc.
• Simultaneously move the court to castigate wrong deeds or acts of omission which
has hampered/adversely impacted justice delivery process; communicate such
comments to all concerned to ensure appropriate action against the erring officials
and also to take preventive steps.
• As the officer ofthe court, assist the court in all manners to ensure proper and
timely delivery of justice. This calls for a proactive prosecutor.
• As the law officer handling the case for the state, assist, orient, guide the investigator
on the legal issues in the investigative process. It is a fact that prosecution is
independent of police since 1973, nevertheless there is no bar anywhere on the
prosecutor, as a legal professional, to orient the investigator on the law points in
the process of delivery of justice. It will only be in the best interest of the victim, as
examples in the AHTU have shown.
• Trafficking offences are difficult to prosecute for some ofthe same reasons that
they are difficult to investigate. Because ofthe nature of the offence, the frequent
need to rely on evidence collected, the potential for victims and witnesses to be
traumatized and intimidated or for public officials to be corrupted and the need for
interpreters and translators, the prosecution of these offences offers some new
and difficult challenges to the judiciary. Enhanced national and intemationaljudicial
collaboration, effective collaboration with victim assistance services, and the
development of stronger witness protection measures must be part of any strategy
to address these challenges.

6.13.3 Role of Judiciary

The last and final word in the delivery of justice and redressal of grievances lies with
judiciary. In this context, the menu services include the following:
• Control on unwarranted adjournments: Fix propriety for trial and other issues in
the justice delivery process, viz. TIP, disposing of bail matters etc.
• Schedule the dates/days/time of trial. Court can decide to do it once aweek,
maybe on a particular day when only ART cases will be heard. If the matter is
kept in the morning, the victim/witness can complete their task and move on. If no
time is stipulated, they may have to come in the morning and wait for long, maybe
till the end ofthe day.
• Ensure a friendly not intimidatory court room. Efforts should be made to a~oid
harassment by court staff and all concerned. Provide a victim- friendly ambience in
the court, especially when the victim is a child (refer Sakshi vs. UOI) or when the
victim is a traumatized person.
26
• In-camera trial proceedings wherever required and possible. (Refer S.327 Cr.PC Law Enforcement
Agencies, Role
and Sakshi vs. UOI). and Functions

• Provide a safe ambience to the victim in the court by special provisions, wherever
required. For example, by providing a screen to ensure that the victim is not exposed
to the accused or dependants (Sakshi vs. UOI) .•
• Give adequate recess/reflection/recoupment time for the victims/witnesses who
are traumatized so that they could be helped to depose properly.
• Utilize the services of trained counsellors/trained NGOs/child minders, etc. as
'friend ofthe court' to assistthe victim to develop confidence and trust in oneself and
• the system, thereby enabling the victim to address the court with full and true facts.
• Direct the appropriate agency (mostly police and sometimes the authorities ofthe
'Home' where the victim is lodged, maybe governmental or non-governmental) to
provide security to the victim/witness, production on time, provide safe entry/exit
to the court, provide safe travel! transit, attend to other requirements like food,
toilet, etc, and for providing travel costs to them, wherever possible, day's wages/
honorarium/compensation for the loss of earnings may also be ordered to be
provided to the victim/witness.
• Record the statement in the chamber if the victim is traumatized, as is the case with
most of the trafficking crimes. Court may decide the appropriate time, the method
of recording, as well as the limited number of persons, including the dependants,
who need to remain present.
• Ensure that the victim/witness is not intimidated or harassed/embarrassed by the
defence by unwanted questions or gestures or other tactics. Cross-examination
should not be allowed to be a scene of demolishing the person.
• Ensure that the questions regarding the character and past conduct ofthe victim/
witness are not allowed. Similarly those questions which make the victim recall
and relive the traumatic past need to be modulated in such a way that questions do
not exacerbate. the victim's trauma/harm.
• Minor discrepancies in the investigative process should be condoned, keeping the
best interest ofthe victim.
• Delay in the registration of the FIR should not be allowed to be the sole cause for
dismissal ofthe version; it should be seen on merits. In human trafficking crimes,
delay is common, especially when the rescue takes place at one place and FIR is
lodged at another place.
• Ensure that the convicted traffickers/offenders are extended maximum punishment,
including fme, as provided in the law. Also direct agencies to produce evidence of
past conviction, if any, so that enhanced punishment be awarded. Agencies
concerned may be directed to take steps for surveillance, etc. as per law. Closure
and eviction of places of exploitation is a necessary concomitant U/S 18(2) ITPA.
Court needs to ensure that such action entails the conviction of the offender.

6.13.4 District Magistrate/Sub Divisional Magistrate

Under both substantive and special laws the executive magistrate has been empowered
to take action to combat and prevent human trafficking. There are specific roles
envisaged with respect to commercial sexual exploitation, exploitative labour and other
types oftrafficking. The Executive Magistrates (DM/SDM) can render a host of services
in this regard. . 27
Law Enforcement Agencies, DMfSDM can, under the ITPA, direct rescue of a person who has been trafficked and
Roles and Functions:- The
Present Scenario any person who is likely to be trafficked.
DMfSDM can act on the statement/report of a police officer or any other source including
an NGO. When any such information comes to SDMfDM,;frem an NOO <?rpolice er
otherwise, they are duty bound to act and rescue the person.
. ,

The police have to produce the rescued person before the magistrate who ordered
rescue. Therefore, the DM/SDM has a responsibility to ensure, post-rescue care and
attention of the rescued person. The victim's care should be done in the best interest of
_the victim and in direct consultation with the victim. The process involves counseling
and educati~n regarding dynamics of post-rescue care and attention.
The SDMlDM has powers to evict/close down a place of exploitation, vide powers u/
s 18(1) lTPA. The law prescribes certain procedures and once those procedures are
complied with, the order of the DMfSDM become,s final, vide S.18(3) ITPA. There is
neither a stay nor appeal against the order ofSDMfDM making it a stringent provision
in the law to address the issue of exploitation for sexual offences.

Sec 133 CrPC provides powers to the DM to address the issue of misuse of public
places. If a trafficket is expJoitinig or violating anybody and the place happens to be
public space, the power under S.133 CrPC can be easily invoked.

DMfSDM should ensure appropriate rehabilita ion of the victim in such a way that the
victim is not exposed to any further challenges and threats and that she is not re-trafficked.
The DM has vide powers under Cr.PC. Preventive steps U/S 107-116 Cr.PC lie under
the authority of the DM. These are effective sections fer taking stringent action against
the likely exploiters. -
.
Under the Bonded tabeur Abolition Act, SDM has power to rescue any person
subjected to bonded, labour, issue a certificate of release and sanction all the benefit for
PPP:
The DM and the SDM can facilitate the activities of police departments by linking AHT
work with ether development departments as well as NOO and industrial houses in the
district to bring in synergy among the stake-holders in addressing the issues of human
trafficking in all respects. The DM has powers to appoint special police officers from
retired police and retired army officers, of a particular rank and above as mentioned in
ITPA, when there is shortage of special police officers. The DM can also mobilize the'
media and bring in their cooperation in preventing and combating human trafficking.

6.13.5 Women and Child Development Department

This is the key department with a primary and positive role in all cases ofhuman trafficking
involving women and children, whatever is the purpose of trafficking. Since women and
children constitute a major percentage of the trafficked victims, the role ofthis department
is pivotal. There is no function which they cannot perform and therefore it is futile to list
out a few and diminish their responsibility. Illustratively, following are the actions that
are expected to be performed by weD officials:
• Identify places of exploitation and facilitate rescue and law enforcement.
• Identify vulnerability factors and take steps to address them. , .
• Identify vulnerable persons and address vulnerabilities.
28
 • Work as the Nodal Agency in bringing in synergy of all stakeholders, especially, Law Enforcement
Agencies, Role
police, NGOs and rehabilitation agencies. and Functions

• Facilitate counseling of rescued persons by trained counselors.

• Facilitate rehabilitation of rescued persons by involving all stakeholders in
Government and non-govenunent sector, including corporate groups.
• Facilitate/undertake research, review, and amendments inthe protocols and
procedures in the fields of Prevention, Protection and Prosecution (PPP).
• Bring out and implement State protocols/legislations onAHT.
• Bring out Rules, advisories under the ITP A.
• Take steps to involve the political leaders, PRIs and media in all the steps ofPPP
'. Set up Nodal Centre for coordination of all efforts across the country.
• Set up Nodal Resource Centre for collection, analysis and dissemination of all
resource materials and know ledge content on AHT.
• Attend to all the tasks on AHT that are not in the domain of other departments/
agencies.

6.13.6 Health Department

Though the role of medical professionals in AHT seems to be secondary, often it borders
on the boundary of, or treads into, the realm of a primary service provider. The victim
who is physically or sexually wounded looks forward to medical redressal as the first
need. However, the medical professionals are called upon to perform a vast array of
functions including age verification, expert opinion regarding the injury on the person'
etc. Some of the roles ofthe Health department officials are:
'. Priority of attention and care to a trafficked victim.
• Recognition of victim's strength and position and response with empathy.
• Respect human rights. The victim is a person whose right have been denied and
deprived. The initial responders need to validate the harm, make the victim feel
that she is only a victim and that she has a right to redressal and that it will be done.
• Maintain gender sensitivity with the presence or involvement of a female doctor in
case of a female victim.
• Response delays cause more, trauma and harm and hence the victim shall be tended,
to at the earliest.

6.13.7 Labour Department Officials

Considering the fact that trafficking for exploitative labour and forced labour is a major
issue of concern, it is essential that the labour department is proactive. This shall include:
• Identification of places and areas of exploitative labour/forced labour and facilitation
of immediate action for the rescue ofthe persons with'out delay .
.
• Associate NGOs and other govemment departments and officials like police in
the process of rescue and post-rescue care.
, .
• Interview the rescued person and ensure proper redressal mechanisms.
• Identify vulnerable areas and vulnerability factors and facilitate remedial steps as
well as advise other departments.
29
Law Enforcement Agencies, • Take steps to empower the 'rescued' in order to prevent re-trafficking.
Roles and Functions: The
Present Scenario • Liaison with the SDM and ensure due process oflaw as and when any easel
instance of exploitation comes to notice. SDM has powers to issue 'Release
Certificate' under the Bonded Labour Abolition Act. The rescued person
consequently is entitled to monitory benefit and rehabilitative packages as decided
by'the Govt. of India and the state government.
• Filing offormal complaints against the violators.
• Ensure payment of compensation to victims at appropriate time.
• Labour officials should take steps to network with all departments concerned and
undertake comprehensive packages for prevention of trafficking of labour,

6.13.8 Information and Broadcasting

It is a fact that when media gives priority or attention to an issue things move differently.
The power of media is undoubtedly phenomenaL There has been noted improvement
in the trafficking response system with media importance to crimes of trafficking. As a
corollary, lack of media attention and public participation has resulted in non-reporting
of crimes of human trafficking and inadequate response. They are the watchdogs that
can find out, highlight, spread awareness, and apply pressure on appropriate agencies
through their reports on social issues like human trafficking.
On awareness: Media being the eyes and ears of the public should bring about write-'
ups presentation, both audio and visual, making the public aware ofthe dimensions of;
human trafficking. An aware public can be the best source for prevention of human .
trafficking. Therefore, media can be the most effective tool in this process.
Victims are not aware oftheir rights, a strong media that creatively addresses concerns
of the victims is likely to trigger a process of knowledge and realization ofthese rights.
The vulnerable section of society can be empowered by media intervention. Once
empowered, vulnerability is contained or removed. This is the best way of prevention.
Media intervention can be appropriately oriented tofacilitate the law enforcement
process. They could be ombudsmen as well as whistle-blowers and also facilitators in
the process. Media has the capability to ensure that the victim's rights are protected
and not violated. It should also ensure that the anonymity of the victim is maintained and
that the victim is not traumatized or harassed by intrusive unwanted interviews. Media
can indeed bring about a major change in the entire scenario of perception as well as
response.
Media should highlight the best practices by the Law Enforcement Agencies, and
all other stakeholders.inc1uding the media. Report and publicity of such interventions in
the public domain is likely to trigger similar activity by other responders, develop trust
in the response agencies, develop confidence in the victim, and also facilitate proper
mechanisms oflaw enforcement, justice delivery and grievance redressal.
Media can also be a great source of information and intelligence in law enforcement
agencies. Appropriate media intervention has led several people to pass on intelligence
to the law enforcement agencies, thereby helping the agency in arresting traffickers,
rescuing victims and undertaking preventive steps.
Media can develop synergy among the agencies concerned and trigger a holistic
approach to the problem concerned.
30
Please answer the following Self Assessment Questions. Law Enforcement
Agencies, Role
and Functions
Self Assessment Question
IS) True or False
i) Under the Bonded labour Abolition Act, SDM has power to rescue any person
subjected to bonded labour, issue a certificate of release and sanction all the
benefit for PPP. [ ]
ii) The Magistrate may, as provided uls 17(5) ITPA, summon a panel of four
respectable plersons, three of whom shall be men, to assist him in taking decisions
on the home verification and rehabilitation ofthe rescued person. [ ]
ill) The ITPA provides legal mandate to NGOs and social workers u/s. 13(3) (b)
and envisages the setting up of an advisory body (consisting ofNGOs including
women, numbering up to five persons) to advise the special police officer on
the working of the ITPA. S.17(S). [ ]
iv) Under S.lS( 6A) ofthe ITPA, any female person rescued orremoved during a
search (this includes victims, suspect and even accused) can be interviewed by
the police officer at any point in time as per discretion. []

6.13.9 Tourism
In the context of increasing commoditization of young children and growing sex tourism,
hoteliers and tourism operators are important stake-holders in the process of AHT.
The tourism industry plays the following important roles in addressing Human Trafficking:

Self Assessment Question

16) How is sex tourism linked to HT?

• All tourism operations including hoteliering should be child-friendly. It should be

declared a mission that no child would ever be violated or exploited, either male
or female, sexually or in exploited labour.
• The stakeholders involved should promote safe tourism and make it clear that
they will not tolerate or allow any exploitative act at any point oftime.
• Awareness amongst tourists of issues and concerns of human rights, child rights,
gender sensitivity should be promoted through brochures or ready-reckoner in
advertisements and promotion materials.
• Notification to concerned law enforcement agencies at the instance of any tourist
or any visitor indulging in any act of trafficking or exploitation of any sorts.
• Network with their counterparts and other stakeholders like taxi operators, tourist
guides, etc. and ensure safe tourism.
• Train, orient and empower tourism industry staff to become whistle-blowers against
any exploitation and take remedial action at the appropriate time and without any
loss oftime.
31
Law Enforcement Agencies,
Roles and Functions: The Self Assessment Question
Present Scenario
17) Give a critical assessment of the existing system oflaw enforcement andjustice
delivery.

.................................................................................................................. .
,

. 6.14 SUMMARY
• In India information about crimes are reported and registered at the Police Stations.
There are several supervisory levels in the districts and state to supervise the
functioning ofthe Police Station.
• India was a signatoryto various internationaltreatiesregarding Prevention of Human
Trafficking.
• The Constitution of India, under Article 23 prohibits human trafficking in any form.
• Trafficking is a continuing offence, FIR can be registered at the Point of Source,
. transit or destination.
• Police is bound to register FIR under Section 154 Cr.Pc.
• Even NGOs can request police to take action under Section 16 ITPA.
• Under Section 13(3)(a) ITPA, the SPO notified by the state government shall be
assisted by adquate number of subordinate officers including women police officers,
SPO can take assistance of women NGO/Social workers.
• The law enforcement agancies have a great role to play for the Preverition of
Human Trafficking, :

6.15 TERMINAL QUESTION

I) Describe the role ofjudiciary in preventing Human Trafficking ..

6.16 ANSWERS AND HINTS

Self Assessment Questions

1) Refer to Section 6.4 .
. 2) Refer to Sub-section 6.5.1.
3) Refer to Sub-section 6.5.2.
4) Refer to Sub-section 6.5.5.
5) Refer to Sub-section 6.5.8.
,
6). Refer to Sub-section 6.5.9.
7) Refer to Sub-section 6.5.10.
8) Refer to Sub-section 6.5.15"
9) Refer to Sub-section 6.5.18.
10) Refer to Section 6.8.
32

.,
11) Refer to Section 6.11. Law Enforcement
Agencies, Role
12) Refer to Sub-section 6.12.1. and Functions

13) Refer to Sub-section 6.12.2.

14) Refer to Sub-section 6.12.2.
15) i) True
iQ False
} iii) True
iv) False
16) Refer to Sub-section 6.13.9.
17) Refer to Section 6.12.

Terminal Question
1) Refer to Sub-section 6.12.3 ..:;

33