1. Ministry of Home Affairs
Presentation on
Fostering cooperation between NREMs and State and non-State actors in destination, transit and source countries
Draft
Ministry of Home Affairs
Government of India

2. India: An overview Seventh largest country in the world
Second most populated country > 1.2 billion
29 States and 7 Union Territories
Shares borders with 6 countries in Asia
Sex ratio- 933 females per 1000 males
56.9% population is between years old
Largest parliamentary democracy

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

4. Strategy to tackle Trafficking
PREVENTION
PROTECTION
PROSECUTION
Deal with Root causes;
Education, Unemployment, Poverty
Awareness Raising;
Sound Policies
Enforcement
Assistance;
Empowering Victims;
Human Rights Based Approach
Criminalisation;
Investigation;
Sensitization of Stakeholders
International Cooperation
Rescue, Rehabilitation & Reintegration in the society

5. Multiple dimensions, Many agencies
Human Trafficking -
Multiple dimensions, Many agencies
Ministry of Home Affairs deals with criminal laws connected with trafficking
Ensuring the enforcement of the various criminal legislations and
International and Regional Conventions
Ministry of Women & Child Development ; Ministry of Labour & Employment; Min Rural Development, MHRD
NGOs; Multi-lateral agencies deal with socio-economic dimensions
Rehabilitation of victims
Empowerment of vulnerable sections of the society
State Governments and NGOs
The punitive & ameliorative measures related to the criminal activity of THB is the primary responsibility of State Governments
“Police” and “Public Order” are State subjects

6. Indian National Legal Framework
Criminal Law (Amendment) Act, 2013.
Immoral Traffic (Prevention) Act, 1986 (being amended).
Indian Penal Code (select provisions).
Child Labour (Prohibition and Regulation) Act 1986.
Juvenile Justice (Care & Protection of Children) Act, 2000.
Prohibition of Child Marriage Act, 2006 and POCSO 2012.

7. National Policies and Plans
National Child Labour Policy.
National Plan of Action to combat trafficking and commercial sexual exploitation of women and children.
National Policy for the Empowerment of Women.
National Plan of Action for Children.
Integrated National Plan of Action to Prevent & Combat Trafficking of Human Beings

8. COMMISSIONS National Commission for Human Rights.
National Commission for Women.
National Commission for Protection of Child Rights.
National Commission for SCs & STs.

9. International Conventions and Legal Instruments
Convention on the Rights of the Child (CRC) and its Optional Protocols (Sale of Children, Child Prostitution & Child Pornography) [Ratified]
Convention on Elimination of all forms of Discrimination against Women (CEDAW) [Ratified]
UN Convention Against Transnational Organized Crime (UNTOC) and its protocol on trafficking [Ratified].
Protocol to Prevent, Suppress & Punish Trafficking in Persons, especially Women & Children supplementing above Convention [Ratified].
SAARC CONVENTION ON PREVENTING AND COMBATING TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION

10. Role of Central Government Prevention
Advisory to States regarding constitution of the State Advisory Committee/ Nodal Officers for preventing & combating trafficking of women and children for commercial sexual exploitation
Implementation of legislations prohibiting Trafficking in Human Beings such as:
Immoral Traffic (Prevention) Act, 1956
Prohibition of Child Marriage Act (PCMA), 2006
Bonded Labour System (Abolition) Act, 1976
Transplantation of Human Organs Act 1994 ( Amendment under consideration)
Juvenile Justice (Care & Protection of Children) Act, 2000
Sections 372, 373, 370 & 370A of the IPC
Integrated National Plan of Action to Prevent & Combat Trafficking of Human Beings, with Special focus on Women and Children 2 10

11. Role of Central Government Rescue and Rehabilitation
MHA has advised police and other law enforcement agencies to adopt a victim centric approach and leverage schemes such as Swadhar shelter homes, UJJAWALA etc. for
prevention of trafficking,
rescue,
rehabilitation, reintegration and repatriation of the victims.
Vocational Training and Skill Up Gradation through Skill Development Mission (National Council for Skill Development) and Sabla Scheme for Adolescent Girls
Adolescent boys and girls of vulnerable groups
Women Self-Help group by Impulse and Gap. Inc
Ministry of Labour & Employment has developed a detailed protocol for prevention, rescue, repatriation, rehabilitation and reintegration of migrant and trafficked child labour which has been issued to all State Governments for implementation. 2 11

12. Institutional Mechanisms to Tackle Trafficking
Institutional Mechanism in terms of Central and State Nodal Authorities. All States/UTs have established State/District levels structures for anti-trafficking
Central Nodal Authority in the Centre and State Nodal Authorities in the States for preventing and combating offence of trafficking.
Its Functions include :
Coordination
Investigation
Rescue and rehabilitation
Judicial support
Cooperation and research training

13. MHA plays a coordinating role
Establishment of the Anti-Human Trafficking cells in MHA and the states as nodal agencies for combating human trafficking in a holistic manner
CCTNS project to link all police stations and share data related to crimes and criminals nationally has been launched
Co-operation and coordination against Human Trafficking internationally
Joint project with UNODC
Cooperation with SAARC
Regular Monitoring and co-ordination
Various comprehensive advisories on preventing crime of human trafficking, on Human Trafficking as organised Crime, SOP to handle trafficking of children for child labour, etc have been issued to all States/UTs
NCRB is collecting data on crime of human trafficking and a new chapter has been added in its annual publication “Crime in India”
MIS proforma for monitoring actions taken by State Governments against Human Trafficking has been provided to states for updation every quarter.

14. MHA- Comprehensive Anti-Trafficking Scheme for Strengthening Law Enforcement
A Comprehensive Scheme for Strengthening Law Enforcement Response to Trafficking in Persons in India
The scheme consists of Training of Trainers (TOT) Programme and Establishment of Anti Human Trafficking Units (AHTU)
Coordination meetings are held with all State Governments and UT Administrations for Effective Implementation. Very positive Outcome.
The Scheme is being re-formulated and to be extended throughout the country.

15. Anti Human Trafficking Units Scheme
Take up the crusade against all aspect (prevention, protection and prosecution) of the crime of human trafficking by creating an institutional mechanism and working across all the stakeholders i.e. police, prosecution, NGOs etc.
Capacity building and training of police & prosecution personnel, judiciary especially at the grass root level to improve the law enforcement response to the organized crime of human trafficking,
Sensitizing and making the stakeholders aware about all aspect of the crime of THB particularly in women and children, especially Information gathering, intelligence, Prevention, protection & rescue of victims, Post rescue care and attention, to empower them and prevent re-trafficking
Functioning as the grass roots units for collection & development of an exhaustive database on all law enforcement aspects of the crime, to be shared with DCRB, SCRB and National Crime Records Bureau.
Facilitating linking of reports of Missing Persons with probable cases of trafficking and ensuring effective investigations.

16. Integrated Anti-Human Trafficking Units (AHTUs)
Under MHA scheme, 225 AHTUs established.
68 AHTUs established with UNODC scheme
All AHTUs are functional.

17. Ministry of Home Affairs (Anti Trafficking Cell)- effective coordination
Role and Functions
Acts as focal point for communicating various decisions and follow up on action taken by the State Governments.
To interface with other Ministries and NCRB in the collation and dissemination of information.
To monitor action taken by the State Governments/UTs for combating the crime and organizing coordination meetings with the Nodal police officers of States/UTs.
New web portal launched in 2014 to enable better and swifter coordination between State & non State actors .

18. MHA web portal on Anti Human Trafficking

19. Criminal Law (Amendment)Act 2013
Criminal Law(Amendment) Act 2013 has come into force wherein Section 370 of the IPC has been substituted with Section 370 and 370A of IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs. Human Trafficking has specifically been defined in the Act.

20. Crime and Criminal Tracking and Network System (CCTNS) – Key Features
Central Sector Scheme of Rs. 20,000 Million (US$ 500 Million) with 100% GOI funding
A Mission Mode Project (MMP) under National eGovernance Plan
Covers 14,000 Police Stations in 35 States/UTs
Covers 6000 higher Police Offices/ Police HQs/ GOI Offices
Networks State Crime Record Bureaus & National Crime Record Bureau (NCRB)
Critical interfaces with Citizens/Government/ other entities. 20 20

21. Central Advisory Committee
High-level Committee to Combat Trafficking for Commercial Sexual Exploitation
Members include relevant Ministries/Departments, State Govts, Law Enforcement Agencies, International Organizations, reputed NGOs.
Meets regularly to deliberate on various aspects on trafficking and advises the Government.
Developed Blue Print for Action
Inter-State Rescue
Prevention,
Rehabilitation,
Health,
Legislation
Management Information System.

22. MHA Links with Non-State Actors
UN agencies to counter human trafficking through joint projects, for example UNODC, UN Women and SAARC
Explores with the Private Sector
Non Government Organizations
Projects undertaken:
Vocational Training and Skill Up Gradation for Adolescent Boys and Girls
Vocational Training and Skill Up Gradation for Women Self-Help Group from Vulnerable Communities in Mewat Region, Haryana by Impulse and Gap. Inc. 22

23. Coordination with other countries
Bilateral treaties and MoUs, like latest (May 2014) MoU between India and Myanmar on border cooperation
SAARC level initiatives- Training and capacity building incl. study tours
Standard Operating Procedures (SOPs) on better cooperation to address repatriation of victims with Bangladesh, Bhutan and Nepal
Task Force between India and Bangladesh to counter human trafficking

24. Cooperation with SAARC
Standard Operating Procedures for implementation of the provisions of the SAARC Convention prepared by the Government of India have been ratified by all member states in May 2009.
For implementation of SAARC Convention, Regional Task Force of SAARC has been constituted and Five meetings of Regional Task Force of SAARC have been held so far.
A toll free number has been institutionalized by India & communicated to the SAARC Secretariat.
Child Help Line: 1098
Women Help Line : 1091
Harmonization and strengthening of national legislations against Human Trafficking
Sharing of best practices in preventing and combating Human Trafficking
Data collection and data sharing mechanism amongst member states is being devised

25. The Law Enforcement Agencies in the Region cooperate for
Taking joint initiatives in preventing human trafficking across borders, especially from a human rights perspective.
Sharing of intelligence on offenders, their linkages/details and facilitate their transfer required by the law enforcement agencies,
Sharing of database among the corresponding agencies,
Sharing of good practices and developing the best tools and methods of addressing the issues and

26. Let us all join hands :
Thank You