ANTI HUMAN TRAFFICKING - LEGAL REMEDIES

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ANTI HUMAN TRAFFICKING - LEGAL REMEDIES
TEAM PRESENTATION ON

• By
• S. UMAPATHI., IPS,
• Inspr. Genl. of Police
• CID, AP., Hyderabad
• and AP State Addl. Anti Trafficking Nodal
  Officer.
• Email umapathi_sattaru_at_yahoo.com
• Cell 9440700900 040-23233027

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• THREE ELEMENTS OF TRAFFICKING

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ANTI HUMAN TRAFFICKING - LEGAL REMEDIES
EXISTING LAW
PROPOSED LAW
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Existing Law

• By using provisions of existing law in first four
  months of this year we in AP have
• Registered 243 cases
• Rescued 441 victims (87 minors)
• Arrested 604 traffickers
• Arrested 113 customers

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Characteristics of Trafficking
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Breaking Traffickers Networks
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Making use of IPC provisions

• Sec. 366(A) (Procreation of minor girl).
• Sec. 372 Selling minor for prostitution.
• Sec. 373 Baying minor for prostitution.
• Sec. 366 (B) Importation of minor girl from
  abroad.
• Sec. 376 (2) (G) Committing gang rape
• All offences are non-bailable, triable by
  sessions court and punishment up to 10 years

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Making use of ITP Act

• Arresting customer u/s 7 (1)
• Punishment upto 3 months if victim is a
  major. Punishment upto 7 years if victim is
  minor.
• Sec. 13 (1) Inspectors of Police have already
  been designated as Spl. Police Officers in AP and
  they can take help of SIs, HCs or Police
  Constables. (G.O.Rt. No. 475 of Home dt
  16.08.1991 of AP.

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Making use of ITP Act

• Sec. 18 To close the brothel / lodges or hotels
  indulging in prostitution.
• 2 lodges in Guntur have been closed u/s 18(3) of
  ITP Act on 8.5.07 (result of UNODC training
  directions from State Nodel Officer)
• 3 brothels closed in Rajahmundry (East Godavari)
  in Jan.2007.

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

1. Witness/ victim protection system Sec. 195 (A)
   IPC (threatening or inducing any person to give
   false evidence) punishment up to 7 years.
   Threatening means
2. Injury to the person.
3. Reputation.
4. Loss of property of such witness and such person
   in whom such witness is interested.
5. Sec. 437 (3) Cr.P.C. amendment 2005 Directions
   to the accused not to commit similar offence and
   not to make any inducement, threat or promise to
   any witness.
6. Sec 164 A Cr.P.C. medical examination of victim
   of rape.

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Proposed amendments to Law

• To make Sec. 3 (keeping a brothel), Sec. 4 living
  on earnings of prostitution, Sec. 5 procuring
  person for prostitution.
• Sec. 6 detaining person in prostitution
  premises.
• Sec. 7 prostitution in vicinity of public
  places.
• To be made non-bailable and triable by Asst.
  Sessions Judge (in case of a child or minor).
• Sec.12 all Sub-Inspectors of Police of police
  stations to be made spl. Police officers.
• Sec. 21 protective homes to have rehabilitation
  package.

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Amendment to concurrent list

• Inclusion of Anti Human Trafficking in the
  concurrent list i.e. list III of 7th Schedule of
  Constitution.
• Various directions / letters of Govt. of India or
  advisory as on date and not mandatory.
• Preventive detention is already in the concurrent
  list.
• Trafficking being organized crime third biggest
  in the world deserves to be in the concurrent
  list.

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Sri Lankan Penal Code Amendments-2005

• Sri Lanka defined trafficking in Penal Code.
• They made punishments for persons providing
  services by computer to prevent sexual abuse of a
  child.
• Internet café owner should preclude child
  pornographic sites.
• Duty of people to inform authorities about use of
  premises for child abuse.
• Debt bondage, serfdom, forced or compulsory
  labour, slavery are included in Penal Code.
• We may think of such amendments.

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Amendment to PMLA-2002

• Prevention of Money Laundering Act -2002-
  Schedule of offences under ITP Act 1956 do not
  contain Sec. 3,4 7
• Minimum criminal proceeds quantum to be reduced
  from Rs. 30 lacs to Rs. 10 Lacs.
• Govt. of India make take it up with the
  concerned. So that, assets (criminal proceeds
  tainted property) can be attached by the
  enforcement directorate.

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Amendment to PMLA-2002- contd

• Those who cheat gullible /innocent / option less
  women to go to Gulf etc are not punished under
  PMLA for want of inclusion of Sections
• 420 (cheating),
• 468 (forgery for purpose of cheating),
• 471 (using a forged document as guanine),
• 472 (making a counterfeit seal) IPC in the
  schedule of PMLA.

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Three key characteristics of trafficking

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The Enemy (Commodification)
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The Problem

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The Strategy (three Ps)
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The Strategy (Three Rs)
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Strategy for stake holders intervention
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Basic concepts

• Victim is treated as a VOCSET (Victim of
  Commercial Sexual Exploitation Trafficking).
• Trafficking is a continuing offence.
• If a victim is rescued at the age of 20 years and
  in her statement if she mentions that she was
  trafficked when she was 17 all IPC sections
  like 166 (A), 172, 173 IPC.
• IPC sections enable the I.O to lay charge sheet
  quickly and obtain trial dates, finish the trial
  quickly.
• Victim/ witnesses need protection and support.

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Non financial issues

• Giving rewards/ medals to the officers, NGOs
  doing sustained Anti Human Trafficking work
  during Independence Day / Republic Day / Anti
  Human Trafficking Day.
• Visual and print media of Govt to include Anti
  Human Trafficking issues regularly Dos and
  Donts.
• Panchayat Raj institutions should be empowered by
  local GOs to tackle AHT work preventive role.

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

• From
• Talkers to Doers
• Doers to Performers
• Performers to Achievers
• Achievers to Trend Setters
• Trend setters to Reformers

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We, in AP Police..

• Planned purposefully
• Prepared prayerfully
• Proceeded positively
• Pursuing persistently

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Let us be a synergic team..

• To come together is a beginning
• To stay together is progress
• To finish together is success.

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• THANKS FOR YOU KIND ATTENTION

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Thank You for your kind attention