National Public Hearing & Release of Report on Child Trafficking

June 21, 2016 :

National Public Hearing & Release of Report on Child Trafficking at New Delhi on 22nd June 2016

iPartner India organised a Public Hearing on the issue of Child Trafficking today at India International Centre in collaboration with HAQ: Centre for Child Rights and the Campaign Against Child Trafficking (CACT). The event was in partnership with The Wire - Foundation for Independent Journalism and India International Centre. The research and the Public Hearing is funded by the Krishna Rao Foundation.

More than 300 people attended the public hearing including survivors of child trafficking.

VERDICT BY JURY
PUBLIC HEARING ON CHILD TRAFFCIKING
Date: 22nd June 2016
Venue: India International Centre, New Delhi

JURY MEMBERS: Lushin Dubey, Siddharth Luthra and Om Thanvi

On hearing the depositions and reading the stories of those who are unable to depose due to emotional reasons, which we respect, the jury has the following observations to make:

1) The issue is complex and not limited to just the legal aspect but also relates to social and economic issues.

2) Issue of child trafficking has to be tackled at its root and there has to be an environment created to prevent trafficking by empowering urban/rural communities, creating awareness and providing education to families and children. Moreover, providing opportunities of employment and security within the community in collaboration with local government, NGOs and police is the need of the hour.

3) The next stage is of community response which must be calibrated with necessary and relevant education and training to act both as a preventive measure, and to enable adequate rehabilitation measures and acceptance of children as victims of crime needing special care within the community. This requires proactive change at both the government and social level.

4) There are different categories of trafficking -- whether through coercion, kidnapping or with the consent of parents -- all of which need to be dealt with in their distinct forms. The legal framework also needs to be reviewed to ensure complete coverage. This review must happen on a 5/10 yearly basis by viewing the impact on the menace.

5) Reporting of crime is an issue which has to be dealt with by the law enforcement agencies and perhaps units akin to economic crime/ crime against women (CAW) and children cell which carry out pre-investigative enquiries. This would ensure that from the time of reporting, even if an FIR is to be deferred, the police machinery begins their work immediately.

6) Lack of coordination between state police agencies, anti-human trafficking units (AHTUs) and other agencies tasked with child care has to be legislatively and administratively streamlined.

7) The investigation has to be specialized, made efficacious and standardized procedures need to be adopted put throughout the country to avoid state-wise variations in procedure which despite the presence of central substantive and procedural laws.

8) Special prosecution efforts have to be taken keeping in view the nature of crime. The process needs to be expedited and there should be timely review by the High Court. 9) Investigation must be comprehensive as it often has inter-state ramifications and cannot be limited to one or the other aspect alone merely because of the convenience of the police.

10) Integrity of police investigation and efforts need to be provided for and improved. A review mechanism should be created within each state since police is a state subject.

11) Post investigation and prosecution, there have to adequate standardized measures for rehabilitation and compensation, including medical treatment, to ensure that all victims are provided proper relief and assistance at state cost for their rehabilitation first within the community and then in the society at large. The victims should also be able to access their right to education, including vocational training, as part of the rehabilitation programme.

12) The jury feels that the all the concerned stakeholders, including NGOs and particularly survivors, should be properly consulted before the Trafficking of Persons (Prevention, Protection and Rehbilitation) Bill 2016, which has been put out by the Ministry of Women and Child Development for inviting suggestions, is given a final shape.

13) The jury appreciates the work done by the organisations supporting the victims of child trafficking and the cause.

Signed By:
Lushin Dubey
Siddharth Luthra
Om Thanvi