Government of BiharDepartment of Social Welfare

HumanTrafficking

Standard Operating Procedure Raid, Rescue (Care and

Protection) andRestoration/Rehabilitation

Government of BiharDepartment of Social Welfare

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Standard OperatingProcedure

Raid, Rescue (Care and Protection)and Restoration/ Rehabilitation of

Trafficked Victims

Acknowledgement: This document has been prepared by extracting documents prepared towardscombating Human Trafficking in India.

1. Model Standard Operating Procurers (SOP) for Police investigation officer(IOM-International Organisation for Migration)

2. Standard Operating Procures on Investigating Crimes of Trafficking forCommercial Sexual Exploitation (UNODC 2007)

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Glossary of Abbreviations

ADSS Assistant Director-Social SecurityAHT Anti Human TraffickingAHTU Anti Human Trafficking UnitCCTV Closed Circuit TelevisionCEDAW Elimination of All Forms of DiscriminationAgainst WomenCID Criminal Investigation DepartmentCMO Chief Medical OfficerCPMA Child Marriage Prohibition Act 2006CRC Convention on the Rights of the Child 1989CrPC Criminal Procedure Code 1973CSE Commercial Sexual ExploitationCSI Crime Scene InvestigationCSO Civil Society OrganisationCWC Child Welfare CommitteeDLAHTC District level Anti Human Trafficking CommitteeDM District MagistrateDSW Department of Social WelfareDySP Deputy Superintendent of PoliceGD General DiaryGNO Government Nodal OfficerGoB Government of BiharI/O Investigation OfficerICDS Integrated Child Development SchemeIPC Indian Penal Code 1860IT Act Information Technology Act 2000ITPA Immoral Trafficking Prevention Act, 1956JJ Act Juvenile Justice (Care & Protection ofChildren) Act 2000KGBV Kasturba Gandhi Balika VidhyalayaMoH-GoI Ministry of Home Affair, Government of IndiaNCLP National Child Labour ProjectPCO Public Call OperatorPEP Post Exposure ProphylaxisPMLA Prevention of Money Laundering Act 2002PNO Police Nodal Officer

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PP Public ProsecutorPS Police StationSAARC South Asian Association for RegionalCooperationSDM Sub Divisional MagistrateSI Sub InspectorSLAHTCC State level Anti Human Trafficking CoordinationCommitteeSoC Scenes of CrimeSOP Standard Operating ProcedureSP Superintendent of PoliceSSA Sarva Shiksha AbhiyanTI Test IdentificationUN United NationsUNODC United Nations Office on Drugs and CrimeVoter ID Card Voter Identification Card (issued by theElection Commission of India)

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C O N T E N T S

FOREWORD..................................................................................7

1. INTRODCUTION ………………………………………………………........ 8i. Defining Traffickingii. Existent Frameworkiii. The State’s Interventions towards Combating Traffickingiv. Data-basev. Directory of Services

2. RATIONALE AND OBJECTIVES ………………………………………… 12

3. WHO CAN USE THIS SOP ………………………………………………… 13

4. PRINCIPLES IN THE RESPONSE TO HUMAN TRAFFICKING..... 14i. Human Rights Approachii. Victim versus Accusediii. Victim-friendly Proceduresiv. Non-discriminationv. Protection of Identity vi. Multi-disciplinary Approachvii. Gender issues

viii. Child Rights issuesix. Organized Crime approach

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5. PRE-SEARCH / RESCUE PLANNING AND PREPARATIONS ……………16i. General guidelines for Planning and Preparedness ii. Check-list for Pre-rescue Planningiii. Briefingiv. Crime scene Investigation

a. Protection and Security at SoCb. Search for Evidencec. Seizure of Evidence

6. CONDUCTING RESCUE …………………………………………………………21i. Problems with identification of Victims

a. Identification details/ Identifier b. Non-cooperation of Victims

ii. General guidelines for Rescue iii. Guidelines for rescue from CSE siteiv. Guidelines for rescue from Force / Bonded labour sitev. Guidelines for rescue of childrenvi. Victims assistance at SoC

vii. Identification and handling of witnesses at SoCviii. Identification and handling of suspects at SoC

ix. Dealing with Law and Order at SoCx. End of search/ rescuexi. Steps during Rescue

xii. Do’s and Don’ts in the rescue process7. POST RESCUE …………………………………………………………………... 33

i. Recording of the Victims statementii. Post-rescue Victim assistance

iii. Assistance at Police station/ Safe Home/ Shelter Homeiv. Assistance in handing over custody to Competent Authorityv. Steps to be followed in cases of Victims of CSEvi. Victims of forced/ bonded labour

vii. Examination of Witnesses viii. Check-list for Post-rescue Planning

ix. Examination of detained suspectx. Arrest of accused personxi. Production of accused before Court

xii. Inter-district/ Inter-state rescuexiii. Court related procedures xiv. Scrutiny of evidences collected from SoC

8. PLAN OF INVESTIGATION ……………………………………………………47i. Confiscation of proceeds of crimeii. Closure of place of exploitation

iii. Commercial Sexual Exploitation iv. Forced/ bonded child labourv. Submission of Charge-sheet/ complaintvi. Commitment of case

vii. Media brief

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viii. Role of DLAHTC9. RESTORATION AND REHABILITATION………………………………… 52

10. ROLE AND FUNCTIONS OF AUTHORITIES – IN DISTRICTS……. 57

Appendix 1 …………………………………………………………….. 63

Appendix 2 ………………………………………………………………66

Appendix 3 ………………………………………………………………68

Appendix 4 ………………………………………………………………75

Appendix 5 ……………………………………………………………..77

Appendix 6 …..................................................................79

References ………………………………………………………………… 82

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F o r e w o r d

Article 5 of the Immoral Trafficking Prevention Act, 1956 definesTrafficking as “Any person who—procures or attempts to procure aperson whether with or without his/her consent, for the purpose ofprostitution; or induces a person to go from any place, with theintent that he/she may for the purpose of prostitution become theinmate of, or frequent, a brothel; or takes or attempts to take aperson or causes a person to be taken, from one place to anotherwith a view to his/her carrying on, or being brought up to carry onprostitution ; or causes or induces a person to carry onprostitution.”

Human trafficking is a gross violation of an individual’s right tolive with safety, worth and dignity. The most vulnerable age groupfor human trafficking is that of children below 18 years. Accordingto Article 39 of the Constitution of India, the State Government isprimarily liable for safeguarding the human rights of women andchildren. The Government of Bihar views human trafficking as acritical problem within the state and is taking serious steps toovercome this social evil. On 31st December, 2008, Department ofSocial Welfare, Govt. of Bihar took a step forward by notifying theState Plan of Action called “ASTITVA” to combat human trafficking inthe state. ASTITVA is an integrated approach (with the participationof all the important stakeholders such as all government bodies andline departments, CSOs and Media), to fight against the social evilof Human Trafficking.

ASTITVA was formed with the aim of creating a state, free oftrafficking, where the rights of women and children would besafeguarded. ASTITVA works towards creating an environment thatwould prevent human trafficking by ensuring appropriate actions insource, transit and destination areas of trafficking; ensuringproper rescue, rehabilitation and repatriation with special emphasison livelihood and socio- economic empowerment of the communities. Italso addresses the issue of legal actions/provisions againsttraffickers and works towards sensitization, mobilization andcapacity development of judiciary, Government/ Non-Governmentauthorities.

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The formulation of appropriate Standards/Guidelines is important inorder to specify steps to be followed and the role each of thecritical players has to play while rescuing victims of traffickingin a sensitive and professional manner. This SOP is thereforeexpected to serve as guidelines to address the common concerns withall the stakeholders. It has been developed using inputs fromdifferent deliberations undertaken, and feedback received fromvarious stakeholders, including existing journals, reports andrelated literature.

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Standard Operating Procedure Raid & Rescue of Trafficked Victims

1. INTRODUCTION

Human trafficking is one of the worst forms of human rightsviolation. More than often, the victims are subjected to dangerouslevels of violence and sexual abuse. Victims of human traffickingcould vary in their background in terms of age, nationality, andeducation, but one characteristic they usually share is, some formof vulnerability, and isolation from their families. Humantrafficking exists and affects almost every country in the world,whether as a country of origin, transit or destination for victims.Trafficking in children, as cheap labour or for sexual exploitation,is a global problem affecting as many as 1.2 million children everyyear. Child trafficking is lucrative, and is also linked withcriminal activity and corruption. Trafficking not only violates thechild’s right to grow up in a family environment, but it alsodamages the child’s psyche, leaving the child traumatized andscarred for the rest of his life.

Despite the magnitude and gravity of the problem, the complex andclandestine nature of human trafficking makes it difficult tounderstand and address. Traffickers are often organized, use acomplex network and are not restricted by geographical boundaries.This makes it difficult to secure their prosecution and extradition.Besides this, laws related to repatriation and rehabilitation oftrafficked victims, are virtually non-existent. All theseunaddressed issues have resulted in a low conviction rate.

As per the 2001 Census, Bihar accounts for 8.9 percent of childlabourers in India in the age group of 5-14 years, numbering 5.4lakh as main workers (who work for six months or more in a year) inthe same age group. Around 5.8 lakh worked as marginal workers (whowork for less than six months in a year).1 The districts of –1 As reported by Human Rights Law Network at: http://hrln.org/hrln/index.php?option=com_content&view=article&id=599:patna-high-court-directs-govt-to-

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Kishanganj, Purnia, Araria, Katihar, Sitamarhi, Madhubani and Sahrsa areparticularly known for its high rate of trafficking2. However, therescue operation data does not reflect the true picture in terms ofthe total rescues carried out, number of victims rescued and thenumber of traffickers prosecuted and convicted.

i. Defining Trafficking“Trafficking in persons” shall mean the recruitment, transportation, transfer,harbouring or receipt of persons, by means of threat or use of force or other forms ofcoercion, of abduction, of fraud, of deception, of the abuse of power or of a positionof vulnerability or of the giving or receiving of payments or benefits to achieve theconsent of a person having control over another person, for the purpose ofexploitation. Exploitation shall include, at a minimum, the exploitation of theprostitution of others or other forms of sexual exploitation, forced labour or services,slavery or practices similar to slavery, servitude or the removal of organs; (UnitedNations Convention against Transnational Organised Crime(Trafficking Protocol).

Recently New Criminal Law Amendment Act-2013 has come up with acomprehensive definition of trafficking as:-

Section 370 - Trafficking of person.(1) Whoever, for the purpose of exploitation, (a) recruits, (b)

transports, (c) harbours, (d) transfers, or (e) receives, aperson or persons, by—

First.— using threats, orSecondly.— using force, or any other form of coercion, orThirdly.— by abduction, orFourthly.— by practising fraud, or deception, orFifthly.— by abuse of power, orSixthly.— by inducement, including the giving orreceiving of payments or benefits, in order to achieve theconsent of any person having control over the personrecruited, transported, harboured, transferred orreceived, commits the offence of trafficking.

curb-child-trafficking&catid=103:pils-a-cases&Itemid=962Law fails to check trafficking in Bihar, available at: http://www.igovernment.in/site/Law-fails-to-check-human-trafficking-in-Bihar; last accessed: 10th October, 2011.

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Explanation 1.— The expression "exploitation" shall include any actof physical exploitation or any form of sexualexploitation, slavery or practices similar toslavery, servitude, or the forced removal of organs.

Explanation 2.— The consent of the victim is immaterial indetermination of the offence of trafficking.

(2) Whoever commits the offence of trafficking shall bepunished with rigorous imprisonment for a term which shallnot be less than seven years, but which may extend to tenyears, and shall also be liable to fine.

(3) Where the offence involves the trafficking of more than oneperson, it shall be punishable with rigorous imprisonmentfor a term which shall not be less than ten years but whichmay extend to imprisonment for life, and shall also beliable to fine.

(4) Where the offence involves the trafficking of a minor, itshall be punishable with rigorous imprisonment for a termwhich shall not be less than ten years but which may extendto imprisonment for life, and shall also be liable to fine.

(5) Where the offence involves the trafficking of more than oneminor, it shall be punishable with rigorous imprisonment fora term which shall not be less than fourteen years but whichmay extend to imprisonment for life, and shall also beliable to fine.

(6) If a person is convicted of the offence of trafficking ofminor on more than one occasion, then such person shall bepunished with imprisonment for life, which shall meanimprisonment for the remainder of that person's naturallife, and shall also be liable to fine.

(7) When a public servant or a police officer is involved inthe trafficking of any person then, such public servant orpolice officer shall be punished with imprisonment for life,which shall mean imprisonment for the remainder of thatperson's natural life, and shall also be liable to fine.

The above definition clearly spells out that trafficking coversnot only the transportation of a person from one place toanother, but also their recruitment and receipt so that anyoneinvolved in the movement of another person for their

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exploitation, is part of the trafficking process. It furtherarticulates that trafficking is not limited to sexualexploitation only for it could occur also for forced labour andother slavery like practices.

ii. Existing FrameworkThe Constitution of India, the fundamental law of the land,forbids trafficking in persons. Article 23 of the Constitutionspecifically prohibits “traffic in human beings and beggar andother similar forms of forced labour”. Article 24 furtherprohibits employment of children below 14 years of age infactories, mines or other hazardous employment. Otherfundamental rights enshrined in the Constitution relevant totrafficking are Article 14, relating to equality before law;Article 15 that deals with prohibition of discrimination ongrounds of religion, race, caste, sex or place of birth;Article 21 pertaining to protection of life and personalliberty and Article 22 concerning protection from arrest anddetention except under certain conditions.

The Directive Principles of State Policy articulated in theConstitution are also significant, particularly Article 39which categorically states that men and women should have theright to an adequate means of livelihood and equal pay forequal work; that men, women and children should not be forcedby economic necessity to enter unsuitable vocations; and thatchildren and youth should be protected against exploitation.Further, Article 39A directs that the legal system shouldensure that opportunities for securing justice are not deniedto any citizen because of economic or other disabilities. Inaddition to this, Article 43 states that all workers shouldhave a living wage and there should be appropriate conditionsof work so as to ensure a decent standard of life.

The commitment to address the problem of trafficking in humanbeings is also reflected in various laws/legislations andpolicy documents of the Government of India. The Indian PenalCode, 1860 contains more than 20 provisions that are relevantto trafficking and impose criminal penalties for offences likekidnapping, abduction, buying or selling a person for

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slavery/labour, buying or selling a minor for prostitution,importing/procuring a minor girl, rape, etc.

The Immoral Traffic (Prevention) Act, 1956 (ITPA), initiallyenacted as the ‘Suppression of Immoral Traffic in Women and Girls Act, 1956,is the main legislative tool for the prevention and combat oftrafficking in human beings in India. However, till date, itsprime objective has been to inhibit/abolish traffic in womenand girls for the purpose of prostitution as an organized meansof living. The Act criminalizes the procurers, traffickers andprofiteers of the trade but in no way does it define‘trafficking’ per se in human beings.

The Juvenile Justice (Care and Protection of Children) Act,2000:Some relevant sections: Section 2 (k): “juvenile” or “child” means a person who has

not completed eighteen years of age. Section 2 (d): “Child in need of care and protection” means

a child who has a parent or guardian, and such parent orguardian is unfit or incapacitated to exercise control overthe child, who is being or is likely to be grossly abused,tortured or exploited for the purpose of sexual abuse andillegal acts, who is found vulnerable and is likely to beinduced into drug abuse or trafficking who is likely to beabused for unconscionable gains”.

Under this Act, the State Governments have been empowered toconstitute for every district or groups of districts, one ormore Child Welfare Committees (section 29) for exercising thepowers and discharge of duties in relation to children in needof care and protection under the Act. The committee shall havefinal authority to dispose of cases for the care, protection,treatment, development, and rehabilitation of the children, aswell as to provide for their basic needs and protection oftheir rights.

The recently enacted legislation, the Protection of Childrenfrom Sexual Offences Act 2012, also provides a legal instrumenttowards a victim’s protection. The Act under its ambit defineschild as a person below the age-group of 18 and is genderneutral and has a clear definition for all types of sexualabuses like sexual harassment, penetrative or non-penetrativesexual abuse, and pornography. The Act has also defined the

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punishments based on the nature of the offence that includeslife time imprisonment for heinous crimes of sexual assaultsand abuses.

The other relevant Acts which address the issue of traffickingin India are the Karnataka Devdasi (Prohibition of Dedication)Act, 1982; Andhra Pradesh Devdasi (Prohibiting Dedication) Act,1989; Information Technology Act, 2000 and the Goa Children’sAct, 2003.

It is evident from the above that there is no existing law thatdeals with trafficking for labour purposes, and thus the issuehas been addressed either under the purview of the Child Labour(Prohibition and Regulation) Act of 1986 or under the BondedLabour (System) Abolition Act, 1976.

However, recently the Honourable Supreme Court has madedirectives in the case of Bachpan Bachao Andolan v/s Union of India andothers with regards to the prevention, raid, rescue andrehabilitation of victims of trafficking. Honourable Court hasunderlined the provisions of Child Marriage Prohibition Act2006, Juvenile Justice (Care & Protection of Children) Act2000/ 06, IPC along with the Immoral Trafficking Prevention Act1956 while preparing charge against the traffickers.

iii. The State’s intervention towards Combating Trafficking inBiharOn 31st December, 2008, the Department of Social Welfare, Govt.of Bihar, notified the State Plan of Action called “ASTITVA” tocombat human trafficking in the State. It is an integratedapproach with the participation of all the importantstakeholders such as Government line departments (Education,Rural Development, Social Welfare, Labour, Human Resources,Health, Police, District administration and Judiciary etc.),civil society Organizations (CSO’s) and media, to fight againstthe social evil of human trafficking.

iv. Database: One of the major challenges today in preventing and combatingtrafficking, is the lack of database of traffickers and victimstrafficked across the state. More often, the local police,despite having intelligence, are unable to share relevant dataand information with their counterparts. The Police Nodal

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Officers (PNO) of the source, transit and destination areasneed to take initiatives in developing intelligence andcreating a database which is updated on a monthly basis anddisseminated among all concerned PNOs and the Government NodalOfficer (GNO) for suitable action. At the district level, underDistrict Police Control Cell, data-box for all victims andsimilarly for the traffickers must be maintained and reviewedperiodically.

v. Directory of services: The GNO and PNO also need to bring out a comprehensivedirectory of all services available to address issues of HumanTrafficking. This should include the details of the responderslike Police officials, Prosecutors, Welfare officers etc. andall referral services including health care and NGOs working inthis field. This Directory should be widely disseminated.

In 2000, the UN General Assembly adopted the Protocol toPrevent, Suppress and Punish Trafficking in Persons, especiallywomen and children. This was a significant landmark ininternational efforts to stop human trade. It focuses on amulti-faceted approach to the problem, which focuses on the 3P’s –

1. Prevention of trafficking in humans 2. Protection of victims of human trafficking 3. Prosecution of trafficking offenders

Consolidating public opinion based on sustained efforts towardsawareness building can prove to be an effective tool to combatthis crime, supported adequately by well-drafted laws andpolicies addressing the various dimensions towards theprevention of such a crime.

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2. RATIONALE AND OBJECTIVES

There is no specific protocol that deals with various issuesinvolved in prevention, rescue, care and protection, andrehabilitation of trafficked victims of commercial sexualexploitation and labour. There are a number of GovernmentDepartments and other stakeholders which play an important rolein the rescue, repatriation and rehabilitation of thesevictims. During raids as well as post-raid operations, thereare no clearly laid out mechanisms and supporting instructions,which could be relied upon by various stakeholders for takingall the necessary steps. Inter-departmental linkages thereforehave to be formalized and mechanisms for coordination clearlylaid out. Hence, this protocol has been developed as a set ofguidelines for smooth rescue, care/ protection andrehabilitation of the victims.

The Standard Operating Procedure (SOP) is designed to help thevarious stakeholders conduct the entire process in a mannerthat strives towards:

Sensitised and responsive Rescue operation Immediate relief and protection to the victim of human

trafficking Expeditious and effective law enforcement Conviction of the offenders Ensuring that appropriate protection/ care/ attention is

provided to victims/ witnesses without victimizing thevictim

Taking appropriate steps for prevention of trafficking andre-trafficking.

Ensuring the rehabilitation and repatriation processes Monitoring the status of victims through effective

mechanisms

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3. WHO CAN USE THIS SOP?The SOP aims to empower multi stakeholders in responding to andpreventing crimes of human trafficking. It helps to ensure thatCivil Society Organizations, Service providers/ Responsibleofficials take appropriate and prompt action when dealing withtrafficking crimes. As a comprehensive resource book for allstakeholders including government agencies, NGOs, media andmembers of civil society, it helps to clarify and list outlegal procedures and practices that support and strengthen thefight against human trafficking. In addition, it is also auseful tool to inform and empower victims about their specificrights.

REMEMBER All children/ minors are victims. All trafficked personsare victims, irrespective of proclaimed or apparent voluntariness.

In borderline cases, where there is doubt regarding age, presumethat the person is a child/minor.

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4. PRINCIPLES IN THE RESPONSE TO HUMAN TRAFFICKING

i. Human rights approach Trafficking in human beings is a grave violation of humanrights, one that deprives and destroys the dignity of thetrafficked person. Therefore, it is critical that responsesystems are rights-based and human rights-oriented.Officials who deal with the victims should be empathetic andunderstand the victim’s perspective, and decisions should bemade keeping the best interests of the victim in mind.Victims have a right to be protected, consulted and informedof all actions being taken on their behalf.

ii. Victim versus accusedA trafficked person, irrespective of nationality, place of domicile, sex or age is a ‘victim of crime’ and therefore, should NEVER be treated as an accused.

iii. Victim friendly proceduresAny action initiated by the law enforcement agencies should ensure that the victim is the pivotal/ focal point. This requires that the victim of trafficking is:

Not treated as an offender Not ‘re-victimised’ Not branded ‘as a soliciting person’ Not arrested Not stigmatized Extended all help and assistance as a matter of right

iv. Non-discrimination Non-discrimination is the right of every rescued person. Allsteps must be taken to ensure that the rescued person is treated with dignity and provided access to all services of care and support without discrimination of nationality, place of domicile, sex, age or any other document.

v. Protection of identityTrafficked persons have the right not to disclose theiridentities to the media or public. Adequate steps need to betaken to ensure the anonymity of rescued persons and theconfidentiality of the rescue operations. Section 21 of JJ

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Act, 2000, mandates ensuring the anonymity of a rescuedchild. Section 228A IPC provides anonymity to all victims ofrape.

vi. Multi-disciplinary approachHuman Trafficking entails several acts of commission and/ oromission involving multiple offenders. Accordingly, theresponse to trafficking requires simultaneous attention byvarious agencies mandated to carry out different tasks, viz.police agencies, other government departments, prosecutors,counsellors and NGOs all of whom perform several functionsin the process of Anti Human Trafficking (AHT). Lawenforcement agencies need to coordinate with thesestakeholders to develop a synergy and partnership with them.

vii. Gender issuesThough the victim could be any person, research shows thatthe majority of victims of commercial sexual exploitation(CSE) are females. Hence, gender sensitivity is an essentialrequirement in addressing human trafficking. Procedures andsteps undertaken by the responders should conform to genderrights.

viii. Child rights issues Being more vulnerable, children are subjected to extremeviolations during and after trafficking and to preventfurther damage to their psyche, they should be protectedfrom further harm, abuse and exploitation.

ix. Organized crime approachTrafficking is an organized crime extending beyond nationaland state boundaries. It is multi-dimensional because: It involves the elements of several crimes, like selling,

buying, sexual abuse and exploitation, criminalconfinement, abduction, etc.

The scenes of crime extend from the SOURCE area throughthe TRANSIT area to the DESTINATION area.

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It entails multiple abuses and abusers, who have anorganized network.

It is a ‘continuing offence’, starting with recruitment/procurement and continues till the victim is rescued.

By ‘trading’ in human beings, offenders make ‘profit’ atvarious levels of their activity.

Rescue cannot and should not wait. Prompt action must beinitiated for the safety and protection of victims, from any

form of abuse and exploitation.

The rescued persons have a right to be informed andconsulted on all matters and decisions that affect

them.

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5. PRE-SEARCH / RESCUE PLANNING AND PREPARATION

The first key step is to make a clear assessment about theplace where search is to be conducted and the provisionsavailable under different legislations including ITPA – 1956.As prescribed, a search operation may be conducted in:

A Brothel A House/ Apartment A Hotel/ Lodge/ Resort/ Beauty Parlour/ Massage parlour A Cyber cafe/ Bar A Train/ Bus/ Ship/ Car/ Aeroplanes/ Any other vehicle Any other place including a Railway Station, Bus Stand,

Port, Airport, Highway, Agricultural field or a Street

The next step is to identify legal provisions and requirementsfor search/rescue as mandated by relevant laws. Therequirements for search/rescue under CrPC and ITPA apply toclosed places as well as to the personal search of suspects atsuch places. However for open places, especially public places,as far as possible, two independent witnesses for search mustbe arranged for, in which, one should be a female (preferably,a Project Manager, Mahila Helpline and/or from recognized NGO).If it is not possible to arrange for two such witnesses, thenthe reasons must be recorded in writing and placed before theCourt.

Following the two key steps mentioned above, the details ofplanning and preparation must be worked out as per the factsand circumstances of a case. Detailed planning and elaboratepreparation is required, if large number of victims arereported/expected to be found at a SCENE OF CRIME (SoC), or SoCis located outside the local jurisdiction of a Police Station(PS), or there is a huge potential for ‘law and order’disturbance such as around a big red-light or a commercialarea.

i. General Guidelines for Planning and Preparation

(i) Collection of all possible, relevant and authentic informationrequired for making assessment about the planning and preparationfor search/rescue and should include the

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Exact location of a SoC, topography of the area and itsapproachability

Entry/exit from a SoC, escape routes and inter-connectivitywith the neighbouring Dwellings/buildings

Presence/availability of modes of communication, transport,alarm systems, CCTVs, private Security, arms and ammunitionat a SCENE OF CRIME

Communication networks operable in the area Population and community located in the neighbourhood Law and order Strength and composition of teams required

(ii) Assessment of all available information for planning andpreparing for:-

The correct timing of search/rescue Constitution of team and briefing Inner and outer cordon Search and seizure Rescue of victim Handling of witness Handling of suspects/accused Establishing communication network suited for the area Establishing communication with DLAHTC

Things to be kept in mind An important or sensitive operation should be led by a senior

officer, preferably by an officer not below the rank of SubInspector (refer IPC 370 & 370A).

The exact role of an informant/source/identifier/decoy must beclearly identified for an operation may as when required.

In trafficking for labour cases, suitable labour officials(Labour Superintendent, Labour Enforcement Officer) may beincluded in a search party.

The team should include women police officers, women NGOpersonnel/ social worker.

The team should also include a trained counsellor,representative of a Mahila Helpline/ Short-stayHome/Government recognised Home, to support a victim rightfrom the first contact, especially a child victim.

The plan for victim assistance at a Scene of Crime andimmediately thereafter should be worked out in detail, keepingin view the legal requirements to be fulfilled. For this

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purpose, some clothes, first aid, packed food and water forvictims should be carried along.

The details including the timing and purpose of search shouldbe shared with team members only on a need-to-know basis.

The identification details of a captive victim and his/herfamily members who may be present at a SoC, such as childrenor sibling or parents, should be obtained in as much detail aspossible including a photograph.

The identity of an identifier accompanying a search party mustbe established beyond doubt. This could be achieved with agenuine identity card such as Panchayat’s certificate, voterID card, ration card or driving licence.

The contact details of the competent authority under the JJAct (CWC/ JJB/ SJPU) or any other Act applicable to a caseand/or the Court of competent jurisdiction must be obtained inadvance.

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ii. Check-list for Pre-rescue Planning

Sl.No.

Check Points Done

1. Are you legally empowered to conduct rescue under the ITPA?

- Notified under Section 13 ITPA- Authorized under Section 16 ITPA- Obtained warrant under Cr. PC

2. If not, do you have at least a police officer legally empowered under ITPA to conduct rescue?

3. Have you obtained a search warrant from the jurisdictional Magistrate?

4. Have you verified source information?5. Have you entered source information and the steps

taken therein, in the General Diary?6. Have you carried out a recce of the place to be

searched for rescue?7. Have you informed the Nodal Police Officer?8. Do you have at least two women police officers in

the rescue team?9. Do you have at least two witnesses to be present

during rescue?10. Do you have at least one woman witness (preferably

Project Manager, Mahila Helpline or female representative of DLAHTC member NGOs) to be present during rescue?

11. Have you involved the local NGO in the rescue operation?

12. If a decoy has been involved in the rescue, has he been briefed properly about his expected role and the safety of the victim?

13. Have you taken a photographer/ videographer in the team?

14. Have you briefed every team member of their respective functions during the rescue operations?

15. Have you made adequate logistical arrangements such as vehicles, food, clothes, medicine kit, etc for the rescued persons?

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16. Have you taken things required for documentation andevidence collection?

17. Have you notified the government or NGO run Short Stay Home/ Shelter Homes of the expected number of rescued persons and the expected time of arrival?

18. Have you taken steps to ensure confidentiality of the rescue operation?

19. Have you taken steps to ensure confidentiality of the rescued persons?

iii. BriefingAll members of a search/rescue team, including non-policepersonnel, should be briefed by the officer in charge of theoperation. Key points for briefing should include The purpose of search/rescue operation The contours of the plan of action The victim assistance plan The role and responsibilities of teams and individuals The communication and coordination mechanism among various

teams Information about preparations and point persons tasked with

mobilisation of trafficking resources, as and when required Instructions about requirement to maintain complete secrecy

about the operation Instructions regarding maintaining confidentiality about the

identity of persons involved Remaining calm in the face of non-cooperation/hostility of a

victim Showing due courtesy towards women and children and observing

utmost caution with respect to usage of words/expressions andbody language i.e. nothing should look insulting or offensiveor intimidating to a victim

iv. Crime Scene InvestigationFollowing three basic steps should be taken for effective CrimeScene Investigation:

a. Protection and security of a Scene of Crime (SoC)

For a well-identified SoC, teams can be placed at strategiclocations with their entry and withdrawal routes determined

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in advance. However, for unidentified SoC, a team (with orwithout informant) should be sent in advance to helpidentify a SoC. Adequate number of cordons should be placedaround a SoC to isolate it, restrict access and preventpersons entering/leaving the SoC at will, to protect andpreserve a SoC.

All exits should be identified and covered by the teammembers to ensure that nobody leaves the SoC withoutpermission of the officer in charge or tampers with anyrelevant piece of evidence. All telephones must be takencharge of immediately and the process should be photographedor video-taped.

b. Search for Evidence

The search team should divide itself into sub-teams andsystematically search the entire place. Depending upon thenature of a case (purpose of trafficking), the InvestigationOfficer (IO) should proactively look for relevant evidenceat a SoC. Three types of evidence may be found at a SoC,namely, documentary evidence, forensic evidence and materialevidence.

c. Seizure of Evidence

The seizure list and memo must be prepared on the spotitself in the presence of two independent witnesses. Thewitnesses should sign the lists and memos giving their fulldetails including temporary and permanent addresses. Any NGOperson or social worker or counsellor or labour officialaccompanying a search team could be an independent witnessfor the purpose of search and seizure.

Each packet should be duly labelled with the description ofexhibits, case reference, markings and authentication by theforwarding authority. The specimen seal should also bepacked and forwarded along with exhibits, along with adetailed forwarding note.

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d.Videography:-

If possible whole search and seizure incidents should bevideo graphed by a professional videographermaintaining legal provisions.

6. CONDUCTING RESCUEFor a successful rescue operation, it is crucial for police topay attention to the identification of victims in practicalsituations and operational approach towards search of placesfor rescue of victims, especially of women and children. Thekey issues have been discussed in some detail in this section.

i. Problems with Identification of Victims[Anyone found at a SoC could be a victim, or a witness, oran accused in the case. Identification of a victim in acommon situation is rather straightforward for the policeas, either the identity of a victim is known in advance, ora close relative or neighbour is around to assist policewith identification, or a victim readily identifies oneselfand cooperates with police at a SoC. Therefore, rescue of avictim, say in a case of kidnapping, is rather easy.However, in a trafficking situation, usually the identity ofa victim is unknown, or a close or credible

Inform Shelter /Children’s Homes forreception of rescued

persons

Remember: The womanwitness need not be fromthe same locality wherethe rescue is to take

place

Rescue can beconducted even without

registering an FIR

29

relative/neighbour is not present for any assistance in thematter, or a victim may not identify oneself or readilycooperate with police at a SoC.

The following issues may confront the police in thisrespect:]

All girls or women should be considered as victim unlessand until it is proven with strong evidence that she has arole in human trafficking or try to conceal evidence oftrafficking.

a. Identification details / Identifier - As has beencommonly observed, victims are trafficked acrossdistricts/states/countries and many a times they aretrafficked as children. Therefore, at destination usuallynobody would have any authentic identification detailsfor such a victim and nor can any person be used as acredible identifier for the purpose of rescue.

b. Non-cooperation of Victims - In most common situations oftrafficking, the victim is ‘controlled’ by traffickersthrough coercion/intimidation/blackmail/fraud.Traffickers, especially for the purpose of CommercialSexual Exploitation (CSE) are known to employ craftymodus operandi for controlling victims. Some traffickerspose as police officers to convince victims that thepolice are a co-partner in crime! A victim of traffickingspecially of CSE, develops deep concerns about socialstigma and lack of options for rehabilitation and maylose any desire to come out of the situation. As aresult, a victim lacking in self-confidence, continues toexperience the ‘psychological control’ of traffickersduring rescue. Therefore, in practical situations, avictim may inadvertently make the process ofidentification very difficult for police by: Giving false information about his/her identity or age

or nationality or parents or home address Denying exploitation Refusing to identify traffickers/exploiters; or

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Being out rightly hostile towards police

How to identify victims of trafficking

Since Human Trafficking is usually an “under-ground” crime, Police mayfind it difficult to readily identify a trafficked victim and/or atrafficking scenario. Trafficking crimes may come to notice when:

Victims manage to escape and report their situation directly to the police or NGO.

During a routine police activity not directly related to trafficking, people are stopped and vehicles checked for documents at border crossings, etc.

Proactive action is taken by the police on receiving intelligence and source information, or by surveillance or conducting targeted raids on suspected places, etc.

Proactive action taken by NGOs or any other agency/ person leading to identification of victims.

ii. General Guidelines for Rescue

Given the complexity of the task, a team dedicated for thepurpose of rescue (rescue team) should be constituted.Reliable identification details, wherever possible, must beobtained from parents/guardians and provided to the team.Whenever a complaint is filed by an NGO, it should eitherhave useful details for identification of the victim orwould be able to provide a credible identifier. If possible,the identifier should be made part of the rescue team.However, if no details or credible identifier is available,then the IO should employ an informant or use a decoy forthe purpose of victim’s identification.

If the victim is not from the state and/or speaks aparticular language, then an interpreter could facilitatethe process of identification.

The rescue team should systematically start the search for avictim by processing each and every nook and corner of a

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SoC, ensuring minimum disturbance to a SoC through theprocess.

In situations where a victim other than the one beingsearched for, is identified, all identified victims,whether Indian nationals or foreigners, adults or children,MUST be rescued (for detail please refer the Advisory issued by MoH-GoIdated 01st May, 2012).

In the absence of identification details or credibleidentifier, rescue of a victim from an open public placesuch as a railway station or from a public transport such asfrom a train or bus, should be conducted by first of allisolating children from adults and males from females.

Each person should be interviewed separately, to elicitbasic information including the name, age, home address,parents’ names, plan and purpose of travel, relationshipwith others found at the spot. By cross-checking theanswers, a trained police officer would be able to primafacie identify a potential victim (as well as a suspect) inmost situations. In case it is not expedient to do so at thespot, everyone should be taken into custody and brought to aPS for detailed interviewing.

iii. Guidelines for Rescue from Commercial Sexual Exploitation(CSE) SiteRescue team should remain aware of the fact that an adultwoman found at a site of CSE may have been trafficked intoit (either as an adult or as a child). Therefore, any adultwoman should not be blindly taken to be a suspect/ accused.

Four most common scenarios present themselves to police:

a. A woman gets into a situation voluntarily i.e. withoutanyone deliberately pushing/ pulling her.

[Above part is direct violation of new section 370 ofIPC Explanation-2, i.e.

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Explanation 2.— The consent of the victim isimmaterial in determination of the offenceof trafficking.]

b. A woman gets into a situation voluntarily i.e. withoutanyone deliberately pushing/ pulling her, but findsherself trapped in the situation and is forced tocontinue by others. This is not a case of trafficking,but police must take cognizance of the fact that acrime has been committed against her, and needs to berescued.

[Each and every activities will be considered astrafficking unless and until it is satisfied bythe police officials through its investigationthat it is not within the preview of section –370/ 370A of IPC or any other provisions of ITPAand other laws and it should be clearly writtenin the CASE DIARY and to be forwarded it to themagistrate for applying his legal mind on it asper provisions with all necessary evidence andwitnesses. ]

c. A woman is deliberately pushed/ pulled into a situationand is forced to continue - This is a case oftrafficking with the victim continuing to be in thesituation of exploitation.

d. A woman has been deliberately pushed/ pulled into asituation earlier, but at that point in time was foundto be continuing voluntarily.

[ as the above provision is offence under section 370of Criminal Law Amendment Act-2013]

A police officer is often confronted with situation (d) wherean adult woman is found carrying prostitution voluntarily inviolation of ITPA and upon enquiry it comes to notice that

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she had been trafficked into prostitution at some point intime. This presents a classic dilemma before a police officeri.e. whether to treat her as victim or accused! It is clearthat making a correct assessment about each SoC may not befeasible or possible.

Since prostitution per se is not an offence- except for actspunishable by Sec 7 and 8 ITPA, a victim of trafficking isoften found brainwashed into stating that it is voluntaryi.e. she has not been trafficked into it. The victim is madeto believe that by doing so she can avoid legal action or belet off with a small fine by the Court!

Therefore, every adult woman should be isolated andinterviewed individually by a trained team (a police officerand a female NGO partner/trained counsellor) to identify avictim.

The team should try to elicit basic information including thename, age, family, marital status, place of residence, homeaddress, mother tongue, the purpose of her presence at theSoC. However, if any doubt about identification persists,then the person should be taken into custody and should bebrought to a PS for further interviewing.

Once a victim is identified, she should be advised toidentify her family members- if present at the SoC, and alsoher belongings should be restored to her.

iv. Guidelines for Rescue of Bonded Labour

In order to identify a victim of trafficking forforced/bonded labour, the rescue team would be required tocorrectly identify a forced/bonded labour and then assess ifforced/bonded labour has arisen from trafficking.

In order to identify a victim of trafficking forforced/bonded labour, the rescue team would be required tomake a detailed assessment about the working and livingconditions of the labour. It would be really useful to take

34

along officials of the labour department for suchsearch/rescue

An adult present at a forced/bonded labour site may be avictim or a witness or an accused for the case. In order toidentify an adult victim the first step is to identify theowners/ occupiers/mangers/agents and all others linkedto/involved with the activities (labour/service related)taking place at a SoC. Such a group would comprise potentialaccused persons (suspects). Every other adult should beisolated and interviewed individually by a trained policeofficer along with a labour official in order to identifyvictims of trafficking.

The Rescue team should (a) record the detailed statements ofvictims, witnesses and potential accused persons present ata SoC (b) carry out detailed examination of the documentsfound in relation to the activities (labour/service)carrying on at a place (c) assess working and livingconditions of labour - in order to correctly identify avictim of trafficking for forced/bonded labour. If it cannotbe done at a SoC, then every adult must be brought to a PSfor required follow up interview.

In a number of cases where the entire family is trapped intoforced/bonded labour, the rescue team should make specificefforts to identify adults and children of such families andensure that once identified, the family members are notseparated from each other through the course ofinvestigation.

v. Guidelines for Rescue of Children

A child found at the site could be either a trafficked childor the child of a trafficked victim or any child who mayhave been there to render some service (for example, tea-boy).

According to Juvenile Justice (Care and Protection ofChildren) Act 2000/2006, any child found at an exploitative

35

site (refer child labour act) has to be identified as a‘child in need of care and protection’. The Act providesmechanism for protection and rehabilitation of such a child.Therefore, if police finds that a crime is being/has beencommitted against such a child (sexual exploitation,child/bonded/forced labour), it should be the responsibilityof the police to disrupt the cycle of crime against thechild and also take custody of the child for productionbefore a Competent Authority. Thus, any person who isidentified as a child (person under the age of 18 years)should only be treated as a potential victim.

Trafficking of children (below 18 years) for the purpose offorced/bonded labour and trafficking for the purpose ofchild labour (below 14 years) would invariably entailcruelty against children and therefore, as per theprovisions of JJ Act, requires that not only relevantoffences are made out against offenders, but such childrenare also recognised as ‘children in need of care andprotection.’ Therefore, any child found at any site ofexploitation related labour should always be treated as apotential victim.

ITPA Section 6 (2-A) states that “where a child (less than16 years) or minor (between 16 and 18 years) is found in abrothel, it shall be presumed, unless contrary is proved,that the child or minor has been detained for purposes ofprostitution, or as the case may be, has been sexuallyexploited for commercial purposes”. The relevant provisionsof the law, therefore, assume that a child or minor found ata site of CSE, such as a brothel, is a child victim; and asper the provisions of JJ Act is a ‘child in need of care andprotection’. Thus, any child found at a CSE site shouldalways be treated as a potential victim.

The issue of age-assessment is quite central to the rescueof children. Usually assessment about the age of a child canbe reliably made on the basis of physical appearance and mayalso be corroborated with the statement of the complainantor victim or his/her close relative/guardian.

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In labour related situation, employer/occupier/manager ofsuch a place may also produce an age certificate. It ishighly advisable that police should not blindly trust theauthenticity of such a certificate, especially if thephysical appearance of a child or statement of a closerelative/guardian is otherwise. A child may be sent formedical examination for age assessment and/or conclusiveproof of birth may also be obtained from an independent andreliable source such as a hospital or school or Panchayatrecord.

All children should be isolated from adults and interviewedindividually to elicit basic information including the name,age, family, home address, mother tongue and the purpose ofbeing found at the SoC. While doing so, s/he must be assuredabout (a) his/her personal safety (b) being accorded thestatus of a victim (and not accused) and (c) all possibleassistance.

If the physical and mental state of a child permits,critical information about the case may be obtained from thechild such as identification details of accused, hideouts,other victims present at the SoC, evidence linked to thenature of exploitation at the SoC, presence of familymembers and personal belongings at the SoC.

Interviewing must be done in a non-threatening manner andonly to get critical information required, at a SoC. Adetailed interview should be conducted later and by atrained officer. It is highly advisable to include a womanpolice officer and/or suitable NGO persons (females) tosupport a child through rescue and also assist with theinterview. But under no circumstances, should a child beasked to identify an accused openly, for it may cause fearin the mind of the child and/or attract retaliation lateron.

(SOP developed by the Labour Resource Department (LRD), Govt. of Bihar should be referred and usedintermittently)

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[Guidelines of Supreme Court if any information is received bythe police of missing children FIR must be registered astrafficking cases.]

vi. Victim Assistance at SoC

A victim of trafficking usually experiences multipleexploitation including physical abuse, mental torture andemotional trauma. Over a long period of time it also leadsto psychiatric disorder in a person.[period of time it alsoleads to Severe traumatic situations in a person.]. A victimis often found in extremely pitiable conditions- s/he maynot be adequately dressed or may have been starved for daysor may have been seriously ill.

A female victim may be pregnant or a nursing mother. Avictim, therefore, requires immediate assistance at a SoC tomeet the basic and specific needs.

The following assistance should be rendered to a victim at aSoC, dictated by circumstances and availability ofresources:

i. Reassurance about (a) the personal safety (b) thestatus of a victim (not of an accused) and (c) allpossible options for assistance including post-rescuerelief and rehabilitation

ii. Counselling to help reduce impact of psychiatricdisorders, if any

iii. Services of an interpreter, if requirediv. Basic resources such as clothing, blankets, water,

food, medicine, first aid. v. Identification and reunification with the family

including parents or children present/ captive at thesame place

vi. Identification and recovery of personal belongingsincluding cash, jewellery, personal documents,passports, property papers and documents such asvoter card, ration card, Aadhar card, pan card etc. Aseizure memo should be prepared by police with the

38

victim’s signature on it. Such a seized item is not acase exhibit and must be produced before the CompetentAuthority at the time of production of the victim witha prayer for restoration of the belongings to thevictim. If possible any local respected person or localNGO should be involved in the process so that witnesscan be easily available of the incidence at the SOC.

vii. Identification and Handling of Witnesses at SoC

A victim is also a witness (victim-witness). Practically, atevery site witnesses other than a victim-witness should alsobe present.

All adults present at a CSE site should be isolated andinterviewed individually by a trained police officer toidentify potential accused persons (suspects) and potentialwitnesses. For example, someone likes a plumber or a vendorwho may happen to be present at the time of search. If it isnot possible to do so at a SoC, then an adult must bebrought to a PS for follow up interview required foridentification.

For forced/bonded/child labour situation, any adult who isnot an owner/ occupier/employer/ agent or aclient/relative/business partner, but is present at the SoC– is a potential witness.

Every child found at a SoC may either be a victim or awitness. Hence, they should be interviewed separately.

viii. Identification and Handling of Suspects at SoC

At a SoC, anyone not identified as a potential victim orwitness is a suspect. A suspect should be interviewed by atrained police officer in order to

assess his/her involvement in the case or any othercrime;

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identify/verify information about thevictims/witnesses/accused persons for the case,including the ones present at the SoC;

identify/collect relevant evidence from the SoC, and obtain information required for “hot pursuit”

In case of an adult suspect showing active resistance,s/he should be dealt with strictly as per procedures laiddown in the CrPC and IPC. A thorough examination must becarried out to correctly determine his/her personal identity, involvement in the activities to get as much details aspossible about the case and to arrest him/her, if foundinvolved in a/the case.

ix. Dealing with Law and Order at SoC As has been observed, the possibility of a ‘law and order’situation arising before, during and after- a search/rescueoperation is high while dealing with an organised gang,especially for a SoC located in a red-light area or in aprominent commercial area.

The outer and inner cordon teams should be able to deal withsuch situations, by collecting information in advance andbeing vigilant about the developments before, during andafter- the search/rescue operation. Police administrationshould be prepared sufficient backup forces if required atthe time of rescue/ raid operation.

x. End of Search / RescueBefore announcing formal termination of a search/rescueoperation the officer-in-charge must ensure that; Every child and woman victim (segregated from adult

victims as appropriate) is safely escorted out of the SoCand transferred to a suitable location/home, depending onthe circumstances. The family of a victim rescued fromthe SoC should always be sent along with the victim.

The officer should be instructed to remain in touch withthe witness throughout, should inform his/her familyabout the whereabouts and look after his/her immediatebasic needs

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Due care should be taken in transferring victims,suspects/accused, witnesses from SoC to ensure thatmedia, if present outside the SoC, does not violate theirrights by taking unauthorised pictures/video. Anyviolation observed must be dealt with- strictly inaccordance with the law.

All evidence collected at a SoC is properly packed,sealed and marked.

All memos are duly filled in and all other formalities inrespect of procedures mandated by the law are completed.

All belongings of the victims are identified, seized anddespatched to the concerned PS. Further, it would behanded over to Shelter Home authority where victim isliving in protective condition.

The search team has offered its own search to the owneror occupier or his representative, before leaving thepremises.

Whole search operation should be video graphed by anauthorized is recognized by the competent authority.

xi. Steps during RescueSl.No

Doable Pointers Done

1. Source information entered in the General Diary (GD)of the Police Station (PS) in such a way thatanonymity of the source/ victim/ location is notcompromised.

2. Carry out a detailed mapping of the place to besearched. An official conversant with the locallanguage should be sent incognito, to the place. (Take the help of local officers/ NGOs and empowered survivors whoare willing to co-operate.)

3. Draw a sketch map of the area which can be used forbriefing and assigning specific duties to bothofficials and witnesses involved in the rescue. Thisincludes duties like cordoning, guarding entry andexit points, locating hide-outs, identifying a safeplace to keep rescued persons till the rescueoperation is completed, etc.

4. Wherever possible, obtain a search warrant from the jurisdictional Magistrate u/s. 166 Cr. PC and/ or

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Sl.No

Doable Pointers Done

u/s. 15/ 16 ITPA.5. Ensure adequate composition of the rescue team:

a. The team should have two women officials of anyrank (S. 15 (6 A) ITPA).

b. If rescued persons are to be interviewed, it shall be done by a woman police officer, if no woman police officer is available the interviewshould be done only in the presence of a lady member of a recognized welfare institution/ organization (NGO) (S. 15 (6 A) ITPA). Hence, do co-opt a lady police official or a female representative of an NGO.

c. Secure the help of NGOs to act as panchas/ mediators/ witnesses. Rescue activities requiretwo witnesses; one of them shall be a woman (S.15 (2) ITPA).

d. The team should have at least one police officer who is legally empowered to conduct a rescue [(ie. a SPO notified u/S. 13 (1) ITPA, or CTPO notified u/s. 13 (4) ITPA or any policeofficer above the rank of SI duly authorized bythe Magistrate u/S. 16 (1) ITPA].

6. Arrange an adequate number of vehicles and escort for rescued persons so that victims are always kept segregated from the offenders

7. Arrange materials and equipment required for documentation and evidence collection such as a writing pad, white paper, pen, pencil, box for transporting the exhibits, box for safe-keep of the belongings of the rescued persons, camera, video andaudio recording equipment, first aid kit, torch, hammers, cutters, rope for cordoning etc.

8. Inform appropriate authorities (including the PoliceNodal Officer) regarding the proposed activities including the places to be visited and time of operation, keeping in mind the need for confidentiality.

9. Alert the authorities of the government or recognized Homes run by NGOs in the vicinity, regarding the approximate number of persons likely to be rescued and the time when they are likely to be brought there.

10. Conduct the rescue promptly. If the situation

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Sl.No

Doable Pointers Done

demands that more place need to be searched without delay, go ahead and do it. The grounds for taking this step should be clearly recorded in the report.

11. Inform rescued persons about the authority and purpose of the search and rescue. Assure them of thecare and attention they will get.

12. Identify children (those below 18) among the rescued, as they have to be produced before Child Welfare Committee (CWC).

13. Ensure safety of all rescued persons.14. Do arrest the offenders if they are present. Keep

them segregated from the victims.15. Collect documents and exhibits from the place of

rescue. Do not postpone this task.16. Allow rescued persons to take their belongings with

them.17. If the rescued persons have children with them,

ensure they are also rescued.18. If the rescued persons belong to another state(s),

inform the Police Nodal Officer of the concerned states.

20. If the rescued person belongs to a foreign country, inform the Police Nodal Officer of the state and network with appropriate NGOs for necessary follow up.

xii. Do’s and Don’ts in the rescue processDO’S DON’TS

Assurance Policing -inform the victims thatthey are not accused.

Treat victims withdignity.

Use the services oftranslator for victimsspeaking differentlanguages.

Take complete precautionto ensure that theidentity of the victim is

Do not take women and childvictims to the policestation

NEVER treat any victim as anaccused (calls for controlon the abuse/ misuse of S.8, ITPA).

Do not get offended if thevictims, who are in trauma,use abusive language or donot cooperate.

Avoid insulting and

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DO’S DON’TSnot revealed and thatanonymity is maintained.

Keep victims away fromaccused. Ensure complianceof provisions of S. 21 JJAct and S. 228 A of IPC.

Do keep the victimsinformed of the variousstages of theinvestigation.

Do remember that thevictim’s children/ wardsare also rescued alongwith the victim.

Do remember that thevictim’s belongings arealso taken along with thevictim.

humiliating language/demeanour/ gestures, etc.

Do not allow media publicityof victims such that itreveals their identity. Donot allow media to takepictures of the rescuedpersons.

Do not keep the victims andoffenders together afterrescue.

Do not let the accused/offender intimidate,threaten/ harm the victims.

Exploiters may try to hidethe children of victims as abait to ensure that thevictim returns to thebrothel – Do not allow this.

Exploiters may hide and/ orhold back victim’sbelongings – Do not allowthis.

2. POST RESCUE

The Supreme Court has held that when the expert’s opinion is given within an age bracket, the lower age in the bracket should be the one taken into consideration, so that the benefit of doubt favours the victim. This was held in Jaya Mala vs the Home Secretary, Government of Jammu & Kashmir*. Therefore, if the age verification report says that the girl is in the age bracket of 17-19 years, forthe purposes of law enforcement, the age has to be considered as 17years (and not 19 or even 18).*AIR 1982 SC 1297

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7. POST RESCUE

i. Recording of the victim’s statementThe I/O should record the first statement of a victim, preferablyin the presence a social worker or NGO person accredited by theDepartment of Social Welfare (DSW) [possibly the member of DLAHTC; ProjectManagers of Women Helpline]. The presence of a social worker or an NGOperson would be useful to provide moral support to a victim.However, such a person is not a witness to the statement madeunder 161 CrPC.

If a victim does not ‘feel’ or ‘seem’ physically or mentally fitto make a statement at this stage, the I/O should not rush torecord any statement. Rather the I/O should requisition servicesof an accredited professional counsellor through the Chief MedicalOfficer (CMO)/ Department of Social Welfare (ADSS) [already placedunder the Women Helpline], if it is feasible to do so at this stage.The victim must be allowed time to make a statement under Section161 CrPC. This fact should be recorded in the first case diary andshould be stated before the CWC/Court at the time of production ofthe victim. The I/O may also make a prayer to the CWC/Court toissue an order for the CMO/ADSS to arrange for a professionalcounsellor for a victim.

In case a victim, due to adverse mental health condition, providesfalse information about a case including the personal identity,the I/O should deal with it empathetically. Since a police officeris not a mental health expert, s/he should get a mental health

45

expert to examine such a victim and get a statement about his/hermental health condition. Such a fact must also be recorded in thecase diary and should be highlighted before the CWC/ Court with aprayer for recording the statement of such a victim only when theperson is in position to do so.

ii. Post Rescue Victim Assistance Given the peculiar circumstances of trafficking, post-rescue avictim requires specific assistance. This is referred to as ‘Post-Rescue Victim Assistance’.

Post - Rescue victim assistance is also crucial in order to obtainfull support and cooperation of a ‘traumatised’ victim for thecase. Since police has the custody of a victim at this stage, itis critical for police to understand the existing legal andadministrative mechanism for post-rescue victim assistance as wellas practical and rights-based approach required to deal with avictim of crime.

Police has clear role and responsibility with regard to four keycomponents of post- rescue victim assistance.

iii. Assistance at Police Station / Safe House / Shelter Home Immediately after rescue, a victim is either transferred to a PSor to a safe house or Shelter, depending on the circumstances(Short Stay Homes/ Swadhar Home/ Ujjawala Home). The following assistanceshould be rendered to a victim at a safe house/shelter/ policestation, dictated by circumstances and availability of resources;

Reassurance about (a) the personal safety, (b) the status ofa victim (and not of an accused for the case) and (c) allpossible options for assistance including relief andrehabilitation

Counselling to help reduce impact of psychiatric disorders,if any

Services of an interpreter, if required and possible Basic resources such as clothing, blankets, water, food,

medicine, first aid Identification of and reunion with the family (parents,

children, siblings) rescued from the same SoC or otherwise Establishing contact with other family members

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Establishing identify of the victim (a photo may be takenwith the permission of a victim only to correctly identifythe victim ‘at the source’ during investigation).

For a non-national victim, help of the concerned policeofficers of the district (the ones tasked with dealing withthe issues about foreigners and Interpol) should also besought in order to establish the identity of such a victimas well as for contacting the family/relatives.

Assistance with medical examination and treatment

Every victim and every relative of a victim rescued from a SoCshould be taken for medical examination without any delay, for thepurpose of;

Recording and treatment of physical injuries Recording of signs of sexual assault, including any history

of abortion and related disease and its treatment Recording and treatment of any addiction- drugs or alcohol Any mental health conditions demanding attention and

treatment

The I/O should personally brief the doctor about the circumstancesof a case and request for all possible assistance for detection andtreatment of physical and mental health issues. Immediately after amedical examination, the victim (and his/her family) should betransferred to a suitable home and should not, as a rule, be made tostay overnight at a PS.

Drafting the FIR Appropriate sections of ITPA to be used in the FIR. Note that

most often S. 8 has been misused against the victim. Hence, care be taken to avoid misuse of S. 8 ITPA to prevent victimization of victims.

In addition to the provisions of ITPA, wherever possible, IPC provisions (such as, S. 366 A, 366 B, 370, 370A, 372, 373, 375,376, 377, 120 A, 120 B, 416, 417, 339, 340, 341, 342, etc.) to be invoked.

Other special legislations like JJ Act 2000/06, IT Act 2000 (S.67), PMLA 2002, CMPA 2006 etc. to be invoked wherever appropriate.

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The FIR should be self contained, brief and should substantiatethe offence of trafficking and the provisions of law under which it is registered. It is appropriate to include details ofplace of origin, transit and destination and the trafficking process involved in the crime.

If additional offences are revealed during investigation, the IO can add the appropriate provisions and file additional Memosin court, thereby enhancing the scope of the case to include all possible laws and sections.

Before lodging any FIR on trafficking/ rescue of traffickinggirls police officials must consider the ingredients of Sec-370/370A ( new Criminal Law Amendment Act-2013) along with other provisions of ITPA , IPC, or other laws of the land.

161 Cr.P.C. statements of complaint, victims, witnesses, suspects and accused as per the provisions of New Criminal Law (Amendment) Act-2013.

164 Cr.P.C. statements of complaint, victims, witnesses, suspects and accused as per the provisions of New Criminal Law (Amendment) Act-2013.

iv. Assistance in Handing Over Custody to Competent AuthorityA victim of trafficking is usually rescued hundreds of miles awayfrom home. Such a person in found in a vulnerable state and has nosupport of family or friends- within easy reach. A child victim oran adult victim trafficked as a child years ago, is usually unableto recall or provide full or correct details about the nativeplace or home address or names of the parents/guardians. A victimhanded over by the parents/relatives/guardians to traffickers ismost circumspect about divulging details about such persons forthe fear of reprimand or re-trafficking. A non-national victimwithout proper travel/stay/work documents would have no supportmechanism at all to defend him/her-self. A victim may be adestitute or a mentally disturbed person and thus, may not to ableto furnish any details about home address/relatives. Many suchsituations are peculiar to trafficking.

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Therefore, it is essential as well as a requirement of the lawthat a rescued victim is produced before a Competent Authoritywith the purpose to:

Apprise a Competent Authority about the rescue Transfer to a Competent Authority ‘the process of

identifying and handing over the custody of a victim to anappropriate person/institution in accordance with the legalprovisions as applicable to a case’

Get a Competent Authority to initiate ‘the process ofrestoration/rehabilitation of a victim in accordance withthe mechanism in place’

A victim must be produced before a Competent Authority with allthe required documents within a period of 24 hours excluding thetime of journey. A victim should be produced along with any familymember rescued during/following rescue of the victim and with allthe personal belongings recovered from the SoC.

After raid, copy of a report regarding rescued victims should besent to DLAHTC for making the necessary arrangements towards theirrehabilitation.

Documents to be produced for a child victim A copy of FIR Updated Case Diary including following enclosures

o Social Background Report (SBR)o Seizure listo Search listo 161 CrPC statements of the complaint, victims, witnesses,

suspects and accusedo 164 CrPC statements of witnesses, if available at this

stageo Rough sketch map of the SOCo Report of medical examination of accusedo Report of medical examination of victims, if availableo A copy of proof of age for a child victim, if available

at this stage including the statement of a parent/birth

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certificate/school certificate/panchayat identify cardo A copy of the forwarding letter for forensic examination

of seized evidenceo Seizure memo of the belongings of the victim recovered

during searcho A prayer for medical examination of the victim, if

required under Sec 15 ITPAo A prayer for medical examination for age-assessment, if

required.o A prayer for recording victim’s statement under Section

164 CrPC for a victim who is willing and is mentally andphysically fit to do so

o A prayer for restoration of personal belongings to arescued victim

Documents to be produced for an adult victim A copy of FIR Updated case diaries including following enclosures

o Surveillance report for the case, if permitted by law andpractice

o Report of any agency such as Interpol, relevant to a caseand including identity verification of accused and/orvictim

o Arrest memo of arrested person, if anyo Inspection memoo Seizure listo Search listo 161 CrPC statements of the complaint, victims, witnesses,

suspects and accusedo 164 CrPC statements of witnesses, if available at this

stageo Rough sketch map of the SoCo Report of medical examination of accusedo Report of medical examination of victims, if availableo A copy of proof of age, if available at this stage

including the statement of a parent/birthcertificate/school certificate/panchayat identify card

o A copy of the forwarding letter for forensic examinationof seized evidence

o Seizure memo of the belongings of the victim recovered

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during searcho A prayer for medical examination of the victim, if

required under Sec 15 ITPAo A prayer for recording victim’s statement under Section

164 CrPC for a victim who is willing and is mentally andphysically fit to do so

o A prayer for restoration of personal belongings to arescued victim

v. Steps to be followed in cases of Victims of CSE A search for the case may have been made under the provisions ofeither ITPA or CrPC. Depending on the search procedures utilisedfor the case; the IO would have to invoke relevant legal provisionin order to identify the relevant Competent Authority.

For search made under ITPA, there are two possibilities;1. Any person removed under Section 15(4) shall be produced

before an Appropriate magistrate (Sec 15(5)) and any personso produced before a Magistrate shall be examined by aregistered medical practitioner for the purposes ofdetermination of the age of such person, and for thedetection of any injuries as a result of sexual abuse or forthe presence of transmitted diseases (15(5-A)) OR;

2. A police officer directed by a Magistrate to conduct searchunder 16(1) and remove victim therefrom, shall produce sucha victim before the Magistrate (Sec 16 (2)) and before theC.W.C as per J.J.Act. Therefore, as per the schedule underITPA, an Appropriate Magistrate would be either MetropolitanMagistrate or Judicial Magistrate of First Class, or DM/SDM.

It is extremely useful for the I/O to familiarise oneself withsections 17 (2), 17 (3), 17 A and 17 (1) of ITPA that providedetails of the options that should/could be exercised by aCompetent Authority in relation to a victim.

For search made under CrPCAny person rescued during a search made under the provisions ofCrPC should be produced before a Court/Magistrate of competentjurisdiction. Though the law (CrPC) does not detail what followup actions a Court/Magistrate should take/initiate for the

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purpose of intermediate custody or restoration/rehabilitation ofa victim, however, a Magistrate would be competent to take aconsidered view on the matter on the basis of the facts andcircumstances of a case as substantiated by investigation.Therefore, in such a situation, the I/O must bring out all therelevant facts and circumstances of a case with as much evidenceas possible and available at this point in time and pray to theMagistrate/Court for taking suitable decision for the purpose ofintermediate custody and restoration/ rehabilitation of thevictim. Since conducting a search under ITPA provides a statutorymechanism for intermediate custody and restoration/rehabilitationof a victim of CSE, police should prefer to use provisions forsearch/rescue of a victim of trafficking for the purpose of CSE.

vi. Victim of Forced / Bonded LabourAn adult victim must be produced before a Court/Magistrate ofcompetent jurisdiction and a child victim before a CWC ofcompetent jurisdiction.

Assistance for restoration and rehabilitation Practically, a Competent Authority, under the relevant Act

takes the custody of a victim and deputesindividual/institution to take intermediate custody tillsuch time a decision is taken about restoration and/orrehabilitation of a victim. Police is expected to providemainly three types of assistance through the process.

Other critical issues to be observed are:a. Security escort: Appropriate security escort should be provided to

a victim as and when required or permitted by a CompetentAuthority. This includes requirement for attending Court/CWC,hospitals and restoration to family/individual/institution.

b. Protection: As has been observed, many a times traffickers try tothreaten a victim housed in a home or under the care andcustody of a family/individual. In such situations appropriateprotection under the law against every credible threat shouldbe accorded to a victim, especially in response to a requestfrom the family/individual/institution.

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c. Assistance during enquiry: All possible assistance should berendered within the local jurisdiction to the concernedagency/official/individual conducting inquiry under Section33JJ Act and/or Section 17 ITPA. Such reports once formalised,can also be obtained for investigation and prosecution.

vii. Examination of WitnessesA detailed statement of a witness should not be brought to a PSfrom a SoC should be recorded by the I/O as soon as possible anddefinitely on the same day. Every point relevant to the search/rescue operation should be clearly brought out in the statement.If a witness is not able to give out details on his/her own thenthe IO should use a question- answer format.

A witness statement in relation to search/rescue should includethe following details:

Personal details about oneself including verifiable name andaddress, age, occupation, educational qualifications andmother tongue. A witness should be asked to furnish reliableidentity document, but the I/O should be aware that awitness may or may not be able to produce such a documentreadily.

Personal knowledge about the identification details ofvictims rescued from and witnesses, suspects and accusedpresent at, the SoC. This should include name, age,nationality, parents/guardians’ name, home address, mothertongue, physical appearance/features, identity marks such astattoo and also knowledge about identification document thatmay be obtained by the I/O.

Personal knowledge about the identity of victims/ suspects/accused/ witnesses who may not have been present at the SoC

Purpose of being found at the SoC Relationship with victim/suspects/accused/other witnesses Observation about going-on at the SoC before search/rescue Observation/knowledge about usual going-ons at the SoC Personal knowledge about the crime and related events/

people/ evidences

During investigation if new issues and facts crop up, then the I/Omust record a supplementary statement of the concerned witness.

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Anyone familiar with the facts and circumstances of a case can besummoned by an I/O in writing (Sec 160 CrPC). The I/O shouldexamine every potential witness and record a detailed statement inwriting. S/he should not give his/her opinion/judgment or detailsabout investigation of a case to any witness, including thevictim/complainant.

In trafficking situations, quite often more than one victim isrescued from a SoC. Such victims become genuine witnesses for eachother’s case, especially for verification of identities anddetails about crime and criminals. Hence, the SoC should normallynot club together the FIRs for individuals rescued from the sameplace or through a series of searches in relation to a complaint.

viii. Check-list for Post-rescue PlanningSl.No.

Check Points Done

1. Have you segregated the rescued persons from thesuspects/ accused?

2. Have you ensured that the rescued person is immediately provided food, clothing, medical care, etc.?

3. Have you ensured that the rescued person is counseled by a mental health professional/ trained counselor?

4. Have you conducted an age assessment of the rescued persons so as to separate the children from the adults?

5. Have you ensured that the interview of the rescued woman/ girl is done only by a woman police official/ only in the presence of a femalemember of an NGO?

6. Have you ensured that the statement of the rescued person is recorded only when she is readyand able to make a statement?

7. Have you ensured that the statement of the victimis recorded in her own language, with the help ofa translator, if required?

8. Have you recorded the harm (physical, emotional, mental, etc.) done to the victim?

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Sl.No.

Check Points Done

9. Have you ensured proper collection of all Material Objects from the scene of crime?

10. Have you ensured proper recording of the statement of the witnesses?

11. Have you produced the adult rescued persons before the appropriate jurisdictional Magistrate?

12. Have you sent the rescued children/ minors to theChild Welfare Committee?

13. Have you ensured that the rescued persons avail of the interim compensation provided by your state orders?

14. Have you sent a report to DLAHTC informing them about the number and the status of rescued victims?

ix. Examination of Detained Suspect A suspect brought to a PS should be examined by the IO toascertain his/her role in the commission of crime committed at theSoC, any crime committed elsewhere in relation to the victim andas a member of the gang of traffickers. The examination can beconducted effectively with the help of special techniques.

If a suspect is non-national then the I/O must immediately informthe district SP about it.

The district SP should depute police officers entrusted with theresponsibility of handling issues related to foreigners in thedistrict, to conduct joint examination with the I/O. The teamshould also seek the help of Interpol to quickly verify theidentity and other details furnished by such a suspect.

x. Examination of adult female suspect brought from a CSE siteIn relation to trafficking for CSE, an adult female suspect takeninto custody from a SoC must be thoroughly examined. Such femalemay belong to any of the five following categories:

i. She is part of a trafficking gang.ii. She is not part of a trafficking gang, but has committed

an offence against a victim.

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iii. She is found carrying on prostitution in violation of Sec7 or 8 ITPA.

iv. She is found carrying on prostitution, but the act doesnot constitute an offence under Sec 7 or 8 ITPA.

v. She is found living in such a place (usually as adependent of a victim/accused).

A person from category (i) or (ii) or (iii) will be an accused of a case, but a person fromcategory (iv) or (v) cannot be accused for any crime.

However, if a rescue has been made under Sec 15 or 16 of ITPA, a person from any ofthe categories (iii) or (iv) or (v) will have to be produced before a Competent Authority-who should process such a case according to the provisions of Sec 17 ITPA. In practicalterms, it implies that mechanism for intermediate custody and rehabilitation shouldbe explored for such a person.

Additionally, according to Sec 10 ITPA “a female offender found guilty of an offenceunder Sec 7 or 8 ITPA can be detained in a corrective institution in lieu of a sentence ofimprisonment provided, it is expedient to do so in view of the character, state of healthand mental condition of an offender and the circumstances of a case.” Therefore,legally a person from category (iii) may be sent for intermediate custody under Sec 17,and then may be detained in a corrective institution.

xi. Arrest of Accused PersonsIf the role of a suspect is established in the commission of acrime, then s/he should be immediately arrested and informed ofthe charges against his/her. After conducting personal searchof an arrested person and search of his/her personalbelongings, s/he should be sent for medical examination withoutany delay and an arrest memo is prepared. A detailed statement of an accused should be recorded to elicitrelevant information about the case including;

Personal details about oneself including verifiable name andaddress, age, occupation, educational qualifications andmother tongue. The accused should be asked to furnishreliable identity documents if readily available, or else beasked to help the I/O to obtain it within the statutoryperiod of detention permitted by law (24 hours).

Personal knowledge about the identification details ofvictims rescued from and accused and witnesses present at

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the SoC. This should include name, age, nationality,parents/guardians’ name, home address, mother tongue,physical appearance/features, identity marks such as tattooand also knowledge about any identification documents thatmay be obtained by the I/O.

It is absolutely crucial for the I/O to establish the identityof an accused person and get relevant and authentic contactcoordinates for him/her within a period of 24 hours, aspermitted under the Act.

xii. Production of Accused before CourtAn accused should be produced before a Court of competentjurisdiction within 24 hours of his/ her arrest excluding thetime of journey. The face of accused should be kept coveredthrough the journey. The procedures as laid down in the CrPCand other guidelines issued by the National Human RightsCommission should be followed strictly. The I/O must apply forpolice custody remand if it is required for a case otherwise,pray for judicial custody remand.

Police Custody Remand (PCR) is requested to either apprehend otheraccused or to recover relevant items under Section 271 of theIndian Evidence Act or for the rescue of a person (victim). PCremand for an accused can usually be applied within the first15 days from the day of production of accused before a Court.

Judicial Custody Remand (JCR) is requested against the considerationof bail for an accused. It is sought on the grounds that anaccused on bail will hamper investigation by (i) threatening orbuying or influencing victims/witnesses (ii)destroying/manipulating evidence, or (iii) attemptingcommission of similar crimes against the same or other victim.

xiii. Inter-District /Inter-State Rescue (for detail refer MWCD guideline atwww.wcd.nic.in)Upon getting information, a police team (referred to as the‘source team’) comprising sufficient number of police personnelincluding woman police officers and/or credible NGOs, must beimmediately despatched to the destination district. Such a team

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should usually be led by the I/O or may be by a senior officer,depending on the situation.

The team should obtain a formal order from the district (sourcedistrict) SP, permission for railway warrants for travel/traveladvance, relevant warrants from Court and identificationdetails for the victim. If available and willing, a credibleidentifier such as a parent may be sent along with the sourceteam.The source team should contact the SP of the destinationdistrict and with his/her permission, jointly with thedestination team (usually police team of the concerned policestation) conduct search/rescue operation.

If it is strongly suspected that there is no adequate time forthe source team to reach the destination district, that is, itis highly likely that the victim might be shifted out to someother place, the SP of the source district must immediatelycontact the SP of the destination district with a request forimmediate search/rescue operation. A formal memo along with acopy of the FIR and authorisation under Section 166 CrPC forsearch must be dispatched through fax/email/special messengerwithout delay. The source team, however, should also beimmediately despatched to deal with all post rescue matters.

The SP of the destination district must ensure that asearch/rescue operation is conducted as per prescribedprocedures. The district Nodal Officer of Anti HumanTrafficking Unit (AHTU) should be made in-charge of suchoperations.

The destination police should take all legal and othernecessary steps on its own till such time the source team joinsin. In no case should the destination team wait for the sourceteam to initiate the steps as suggested in the SoP.

The procedures suggested for recording the statement of avictim and rendering victim assistance respectively, should befollowed by police (source/ destination- whoever is in charge).All arrested persons must be produced before a Court of

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competent jurisdiction within 24 hours of arrest, excludingtime of journey. The source team should make an application tothe local Court for ‘transit remand’ of all arrested persons.The Competent Authority in the destination district before whomthe victim is being/has been produced, should also be requestedby the source team for transfer of the victim to a suitablehome in the source district and also the proceedings in thematter under notification to the Competent authority in thesource district. Such a transfer should not take place in arush i.e. without having rendered immediate assistance to thevictim and ensuring availability of adequate assistance at thesource district at such point in time.

A detailed monthly report regarding raid and rescue (includingthe no of victims rescued and traffickers apprehended) and therehabilitation measures taken to be submitted in a prescribedformat to IG, Crime Investigation Department (CID)-WeakerSection, Secretary/ Principal Secretary, Social WelfareDepartment with a copy to AHTU.

xiv. Court Related ProceduresThrough the course of investigation several issues related toCourt do crop up before the I/O. The most common procedures aredetailed below- with input relevant to a trafficking case.

Police Custody RemandPolice Custody or extension of Police Custody is sought

for the recovery of an item used in the commission of crimesuch as advertisement, travel documents, identity documents,vehicles, arms, account books, mobiles etc

for apprehension of other accomplices including any casualcontact of a gang who may have assisted in the commission ofa crime, such as taxi-driver, PCO owner, hotel manager,travel agent etc

for rescue of other victim/victims about whom specificinformation is available or has surfaced duringinvestigation

Judicial Custody Remand Judicial Custody or extension of Judicial Custody is sought

on the basis of evidence (facts and circumstances)collected/developed through investigation which demonstrate

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that the accused person and/or the gang members arethreatening or trying to influence victims/witnesses withforce/money/detention of family members or property orearnings/loss of employment or some such measuretrying to destroy/manipulate evidence such as documents orforensic evidenceattempting to re-traffic a victim trafficking other victims

Statement under 164 CrPCStatement of a witness under Section 164 CrPC is sought for a

Person who is willing and physically and mentally fit to doso

Victim Crucial material (main/star) witness such as another victim

trafficked along with the victim or victim rescued from thesame place or anyone who came in contact with the victimduring the period of trafficking at any stage–source,transit or destination

Seizure witness Guardian/parent of a victim (if not a suspect in the case) Person whose testimony can strengthen a case 164 statements should be recorded and video graphed

properly. If the person making the statement is temporarily or

permanentlymentally or physically disabled, the Magistrate shall takethe assistance of an interpreter or a special educatorin recording the statement:

Provided further that if the person making the statement istemporarily or permanently mentally or physically disabled,the statement made by the person, with the assistance of aninterpreter or a special educator, shall be video graphed

ConfessionConfession of an accused under Section 164 is sought only from aperson who volunteers to make it.Bail oppositionFor effective opposition of a bail application (includinganticipatory bailapplication);

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Bail application should be carefully analysed to identifypoints that need to be re-butted with evidence. Advice of apublic prosecutor (PP) should be sought on legal points, ifrequired.

The I/O should ensure that the required evidence has beenrecorded in the case diaries before putting them up withmemo of evidence in Court. The gist of a case should bedetailed in the forwarding memo. The concerned PP should bebriefed about a case well in advance to ensure that bail iseffectively opposed.

Efforts should be made for timely submission of the chargesheet against an accused person i.e. within the statutoryperiod.

The IO/designated police officer should be present in Courtduring bail hearing.

Suppression of facts by a defendant in a bail applicationshould be brought to the notice of Court through PP.

The criminal history of an accused should be included in thecase diary to demonstrate the criminal antecedents of theperson, especially repeatedly involvement in trafficking.

Any previous instance of ‘jumping bail’ or ‘non-appearance’in any Court on due dates, should be highlighted beforeCourt.

Evidence collected to demonstrate the activities of anorganised gang of traffickers of which accused is a membermust be highlighted before Court.

Test Identification ParadeTest Identification (TI) parade

should only be conducted for a witness who is sure aboutidentifying an accused

should only be conducted for a person who has not beenexposed in media and has not been remanded into policecustody earlier

should not be sought if the identity of an accused person,say as a local level contact of traffickers at ‘source’ oras the one involved in gang work at the ‘site of captivity’or through the ‘process of exploitation’, can otherwise beestablished conclusively

Approver: An approver should

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ideally be sought/used for a ‘blind’ case be asked to firstmake a statement under Section 164 CrPC before formallymoving his/her application to Court

be accorded police protection (overt and/or covert,depending on the circumstances)

never be exposed in media or to anyone not directlyconnected with the investigation of a case

xv. Scrutiny of Evidence Collected from SoCA thorough scrutiny of the evidence collected from a SoCprovides highly relevant and useful information for the purposeof investigation including crucial information about:

Victim Accused Crime Identity of

victim (photo ,documentaryrecord,testimony)

Age of victim(age certificate,other authenticdocumentscarrying age)

Informationand/or detailsabout othervictims (photo,documentaryrecord,testimony)

Identity ofaccused (photo,documentaryrecord, testimony)

Information and/ordetails about gangmembers and casualcontacts (photo,documentaryrecord, testimony)

Items and/ordescription of itemsused for commissionof crime (documents,weapons,instruments,vehicles etc)

Nature ofexploitation(record, testimony) Modus Operandi Commercialtransaction (record,testimony)Information and/ordetails aboutproperty/ rentalagreements of theplace being used forexploitation/captivity

8. PLAN OF INVESTIGATION

Rescued person shall be interviewed by a woman police officer andin her absence ONLY in the presence of a female member of an NGO

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On the basis of scrutiny of evidence collected from a SoC,analysis of the statements made by victims, witnesses andaccused, medical reports and forensic analysis reports, the I/Oshould draw up a suitable “Plan of Investigation”.

A Plan of Investigation greatly facilitates: the process of re-construction of a scene of crime developing understanding about the sequence of events, and collection of relevant evidence in a systematic manner.

A plan should be drawn up as soon as possible and should befine-tuned as the investigation progresses. A useful planshould focus on all the aspects of investigation of atrafficking case.

i. Confiscation of Proceeds of Crime Trafficking like any other organised crime, is committed forgenerating illegal and illegitimate money. The part of suchmoney is used to sustain and strengthens trafficking throughcreating bigger network, targeting victims from far flungareas/across states/other countries, acquiring modern modes ofcommunication and transport, evading detection on account ofhigher mobility, fighting legal battles and influencing lowerlevel officials. Therefore, to break-up the organisedactivities of a gang of traffickers, it is not only sufficientto book its members, but it is necessary to confiscate theproceeds of crime. This requires parallel financialinvestigation for a case. The I/O (assisted by a specialistI/O) should track the proceeds of crimes and with requireddocumentary evidence establish clear links with the assetsowned by a gang/member including Benami properties/ businesses.Only then, can a successful attempt for confiscation of theproceeds of crime be made. Under the Indian laws, provisionsfor confiscation of proceeds of crimes are limited to specificsituations.

ii. Closure of Places of ExploitationThe closure of a place can only be sought under laws applicableto a case, because there is no law that provides generalprovisions for closure of a place of exploitation.

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iii. Commercial Sexual ExploitationThe key legislation dealing with prostitution i.e. ITPA,provides specific provisions that may enable the I/O to seekclosure of a place of exploitation.

Under Section 18 (1) ITPA, the I/O can move an applicationto the DM (or anyone vested with the powers for example, theCommissioner of Police) for issuance of order for closure ofa place (SoC) lying within 200 metres of a public place166being used as a brothel or for carrying on prostitution. AMagistrate may issue notice to the owner, lesser, landlordor the agent or to a tenant, lessee, occupier or any otherperson in charge of such a place. After giving dueopportunity, if a Magistrate is satisfied that a place isbeing used as a brothel or for carrying on prostitution,s/he may direct eviction of the occupier with the conditionthat for further use beyond a specified period (1-3 years),the permission of the Magistrate will have to be sought.

Under Section 18 (2), a Court while issuing conviction of aperson under Section 3 or 7 ITPA, may pass an order similarto that by a Magistrate for eviction without further noticeto such person to show cause (as required under Section 18(1)).

Order under Section 18 (1) ITPA by a Magistrate or underSection 18 (2) by a Court, shall not be subject to appealand shall not be stayed or set aside by the order of anyCourt, civil or criminal and the said orders shall cease tohave validity after the expiry of 1-3 years as the case maybe, provided that if conviction under Section 3 or 7 is setaside, any order passed by the trial Court under 18 (1)shall also be set aside.

iv. Forced/ Bonded/ Child LabourThe I/O should move a formal prayer to the DM to issue an orderfor detailed inspection of the relevant site (of exploitationfor labour) by the district labour officials. Within labour

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laws framework, the labour officials can inspect a place formonitoring and reporting adherence to norms specified withregard to the working conditions, safety and welfare measures.In situations of trafficking for labour, such norms wouldinvariably be found to be flouted and thus, by an executiveorder labour officials or the concerned Executive Magistrate,the exploitative activities can be halted. This would amount toclosure of a place of exploitation for labour.

v. Submission of Charge-sheet / Complaint / Final report (F.R.T)Depending on the offences made out in a case, either a chargesheet or a complaint should be filed at the end ofinvestigation. A legal review of the charge sheet or complaintshould be obtained from the concerned public prosecutor beforesubmission.

The I/O must adhere to the timelines stipulated in CrPC forinvestigation and submit a Charge Sheet against an absconderonly after completion of the entire process of proclamation byCourt.

A complaint should include details about all the offences madeout in a case including the ones under IPC, and must only befiled after securing authority from a Competent Authority asidentified or appointed under the relevant Act (if required).

vi. Commitment of CaseThough investigation ends with the submission of a charge sheet(or complaint), the last step of the pre-trial stage i.e.commitment of a case to Court, takes a long time to actualise.

The I/O can take three distinct steps to speed up the processof commitment of a case: On the day of submission of the charge-sheet, the IO should

make a prayer to the Court for permission to supply copiesof the relevant documents to all the accused persons. TheCourt should also be requested to record the same in theorder sheet.

Xerox copies of the relevant documents should be supplied toall the accused persons as soon as possible.

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Through the concerned PP, continual efforts should be madeto pursue speedy commitment of a case (preferably to a fasttrack court, if possible).

vii. Media briefingThe Raid & Rescue team should carry out the media briefing.However, it should be ensured that the anonymity of the victimsand witnesses, be maintained. Alerting the public about theinterstate linkages of the traffickers will alert the massesagainst such traffickers and in turn, help, in preventing andcombating trafficking.

viii. Role of DLAHTCThe proper care and attention of the victims and survivorsis one of the constitutional rights and therefore should notbe construed as a simple act of welfare or gratis. In fact,the perspective should be that of Human Rights and allactivities should be undertaken keeping in view the ‘bestinterest of the victims and survivors’. In order to attendto the various activities of providing care and protection, themandate of DLAHTC has been defined in the column 2.1 ofAstitva state plan of action.DLAHTC would take up following tasks:a) The special police officer or the police officer

conducting rescue shall involve NGOs, especially womenmembers during rescue. Immediately after the rescue theyshould notify the member convener of the DLAHTC, so thatappropriate post-rescue activities are initiated. All membersof DLAHTC shall appropriately respond to any callrequiring their attention. NGOs/NGO networks andhelplines like women helpline, childline etc. could beinvolved in all these activities, as it would facilitateinter district and even inter-state coordination ofactivities.

b) DLAHTC shall develop appropriate resources for counseling thevictims/ survivors and in getting to know their bestinterest so that rehabilitative activities can be

Trafficked persons have the right not to disclose their identities to the media or public. Adequate steps need to betaken to ensure the anonymity of rescued persons and the confidentiality of the rescue operations.

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appropriately designed. Trained counsellors with NGOsshall be involved to facilitate the process.

c) DLAHC will be responsible for undertaking all activitiesfor the rehabilitation of the rescued person. Once the rescue isdone, the person should be taken over from the Police andall efforts made to link up with all concerneddepartments and agencies, governmental and non-governmental, to ensure that the rescued person isrehabilitated.

d) Contact Centers shall be established at railway stations,bus stands and other transit points which would beequipped with the information of short stay homes,reception centers, shelter homes to prevent thechild/women to fall prey to trafficking.

e) Health Care and Prevention of AIDS – The DLAHTC shall involveBihar State AIDS Control Society (BSACS) and otheragencies working in this field to address issues oflinkages between trafficking and HIV. It shall be ensuredthat the anti trafficking programs should not violate therights of victims and therefore any initiative in thisdirection should be focused on the best interest of thetrafficked persons. Involving any agency outsidegovernment shall be done keeping in view this objective.

f) Homes – There is an essential requirement for setting upProtection Homes and Drop- in- Centers in the districts.The DM shall take the help of appropriate NGOs andfacilitate the NGOs in setting up homes. This shall bedone on priority and on a time-bound frame. The DM shalltake initiative in getting them funds through the variousschemes of the State and the Central Government. Howeverall such homes have to be licensed by the StateGovernment and shall be executed as per the guidelinesprovided in Prevention of Immoral Traffic (Bihar) Rules,2007. An appropriate mechanism for monitoring theactivities of these homes should be set up. The DLAHTCshould attend to this task.

g) Co-Management of Homes - In order to ensure the bestpartnership among all stakeholders, it would be advisablethat a co-management system in the homes for thesurvivors/victims of trafficking is developed by

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involving various stakeholders in the government and thecivil society. The Panchayati Raj Institution and localbodies shall also be involved in all the activities ofcare and attention to the victims/ survivors.

h) Community Based Vigilance Mechanisms: ‘Community basedVigilance Mechanisms’ are ideal means to developintelligence and facilitate appropriate preventive action atthe right time. DLAHTC shall take initiative in settingup such mechanisms with the help of PRIs, NGOs and theirnetworks working in the related field.

DLAHTC shall meet every month to monitor the activitiesrelated to preventing and combating human trafficking andrehabilitation of the victims and survivors of traffickingin the district, review and report the progress of the wokand prepare future activity plan. The minutes of the meetingshall be send to the Anti- Trafficking Cell, Directorate ofSocial Welfare (the nodal agency) at a regular basis. Ifany of the member absents herself/himself from the meeting,it shall be the responsibility of the member to execute thedecisions in the manner approved by other members present inthe meeting. Towards making the role of DLAHTC impacting andtackle the preventive and victim rehabilitation agenda inpriority level various sub committees would be formed forsmooth and effective functioning of committee:

i. Awareness Sub-committee – would ensure the plan androll out the social awareness and capacitydevelopment of all the stakeholders from district tovillage level.

ii. Raid & rescue Sub-committee – coordinate with AHTUand raise the periodic raid & rescue operation atsensitive area, participation in the ‘crime controlmeeting’ of district.

iii. Rehabilitation Sub-committee – preparation andmaintenance of victim rehabilitation records,mobilising volunteer and corporate sector to work ashelping hand for victims’ rehabilitation.

iv. Prosecution Sub-committee – review the progress ofanti human trafficking prosecutions, providingtechnical and expertise support in victim justice

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process (please refer the MoH & UNoDC publicationSOP for Prosecutors to combat Human Trafficking,2009)

All sub-committees must consist of officers of Womenhelpline, Childline and Short Stay Home and recognised NGOshaving expertise in specific domain of anti humantrafficking actions.

9. RESTORATION AND REHABILITATIONRestoration and rehabilitation programmes and strategiestargeting individuals recovering from violence andexploitation as victims of trafficking require multifacetedapproaches involving a variety of actors. Prior to anyefforts undertaken towards the restoration andrehabilitation, efforts must be initiated to address thephysical, psychological, behavioural, social, and economicissues encountered by these victims. Moreover, successfulrestoration and/or rehabilitation must include servicecoordination by governments, international organizations,NGOs, local agencies, surrounding communities, and families.

The following steps should help towards effective restoration and rehabilitation process;

i. The Competent Authority should ensure that the victim is placedin a temporary shelter within 24 hours of recue. Recovering thetrauma, the victim may require extensive psychologicalcounseling and long‐term care which could be easily organizedthrough a recognized shelter (Children’s Home, Short-stay Homeetc.), run either by the government or through NGO.

ii. The Competent Authority with support from the Districtadministration, Mahila Helpline, DPO-ICDS and/or NGOs shouldensure that the ‘temporary relief’ as promised by the stategovernment under different schemes (Social Rehabilitation Fund,Victim Compensation Fund), is made available to the victim with

All survivors require a central location for support,counseling, education and skills training, medical services, and

a supportive community.

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due acknowledgement from the recipient of the benefits within 3days of application.

iii. A ‘Care Plan’ or ‘Rehabilitation Plan’ for every victim isdeveloped with support from the authorities of the ShelterHome/ NGOs/ district administration with an emphasis on thefollowing;

Family tracing and restoration of the victim to her family setting

Long term shelter for those unable to return to their family due to distance, danger from criminal networks or due to family/ community rejection.

The victim after raid and rescue operations, must bekept in Shelter/ Protective Home e.g. Short Stay Homemanaged by Women Development Corporation (WDC); SwadharGrih sanctioned by Ministry of Women and ChildDevelopment or any other home run by recognized NGOs.

After their accommodation they must be given counselingby the staff of Women Helpline run by WDC.

In case of juvenile/ child, they may be accommodated inChildren Home (Apna Ghar, Patna & Bal Grih, Begusaraifor boys and Nishant, Patna for girl) under JuvenileJustice (care and protection of children) Act 2000/06.

If victims are kept in a recognized NGO run home whichnot aided by government fund, then the assistancesupport should provided to the victim from the ‘SocialRehabilitation Fund’.

Ensure education and employment opportunities as part of ‘Care Plan’.

Education and employment play a large role in the rehabilitation andreintegration of trafficked victims. Importantly, each community hasunique cultures and industries, education and employment training mustbe locally applicable. For example, an organization in Nepal focuses onproviding education and skills such as driving, hotel cooking,community heath, and micro‐credit opportunities (Crawford and Kaufman,2008). A local organization in India called Shakti Samuha provides vocationaltraining to prepare women for electrical work, roles in beauty salonsand office work the NGO also provides loans to support small businessessuch as goat rearing, a stationery shop and a grocery shop (Shakti

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It is important to ascertain family background of thevictim. It is evident that in most of the cases, thevictim belongs to an impoverish family/ community. Insuch situations, it becomes imperative that a ‘family’seconomic rehabilitation plan’ is worked out andlinkages are established with the available ‘SocialSecurity/ Protection’ schemes of the state government.

Imparting life-skills, leadership training and legalsupport

v. A rescued victim once placed in a ‘Shelter Home’ should behanded over to the parents/ guardians only based on a thoroughverification, and, with a mandatory approval/ writtenpermission from the Competent Authority, i.e. Magistrate/ CWC.Wherever possible, a rescued victim should be restored to thefamily members in the presence of the Mukhiya/ PanchayatMembers and/ or a school teacher, as the case may be, with adirection to get her/ he either admitted to school or any groupproviding livelihood/ life skills options within the givensetting.

vi. Based on the ‘escort orders’ issued by the appropriateauthority, the arrangements to send the rescued victim to herfamily under escort should be made by the Special JuvenilePolice Unit (SJPU) or the appropriate police wing, with supportfrom the District Child Protection Unit (DCPU). The escortparty should accompany the victim in civil dress, to avoidfurther victimization and labeling.

There may be instances when the rescued persons may not wantto return to their original place, family/ community, etc.,for instance, where the parents may be the exploiters, or forfear of stigmatization, or for apparent lack of livelihoodoptions, etc. In such situations, the Magistrate/ CWC may berequested to order counseling by appropriate agencies/

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vi. For the rescued victims from labour, it is important that theconcerned district/ sub-district authorities (Labourdepartment, Education, Health, Social Welfare and PRI) chalk-out a joint ‘Rehabilitation Plan’ emphasizing on educationaland family rehabilitation with an appointment of the concernedGram Panchayat Ward Member as her /his guardian.

ix. The overall rehabilitation plan must include measures that aresustainable and match both the short term rehabilitation needsas well as long term integration needs of the rescued victimand his/her family. The local panchayats must be consulted andtaken into confidence by the local authorities whileidentifying the family of the victim and her rehabilitation.

x. The rescued victim has a right to reject the option of familyrestoration. In such cases, an alternate/ temporary sheltershould be provided, before her complete rehabilitation andreintegration.

xi. The district level Task Forces constituted under ASTITVA aswell as under the State Action Plan to eliminate child labourwill review the progress on each of the cases of rescuedtrafficked victims on the following parameters;

a. status of rescued victims under the state’s custodyb. no of victims restored with their families c. no of rescued children (from labour) enrolled and

retained in the schoold. no of victims having received the rehabilitation packagee. no of victims/ families supported under various Social

Security Schemes as part of their rehabilitation. f. No of girls/ women trained under the employability

scheme/ and or avail job opportunities as part of theirrehabilitation and reintegration.

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Apart from the above guidelines, the following will be followed,exclusively in the context of rescued child labour within the state;

The rehabilitation of a rescued child labourer has two distinctcomponents;

i. Educational Rehabilitation of a rescued child ii. Economic Rehabilitation of a family of the rescued

child

Some of the measures listed below will help the rescuedchild stay within his / her family environment at thesame time, efforts will be drawn to ensure that the childis not re-victimized due to poor status of his family.

1. The list of all rescued child labourers with necessarydetails would be submitted without delay to theDistrict Magistrate, Block Development Officer andMukhiya for their rehabilitation in accordance with theprovisions of the State Plan of Action for Elimination,Release and Rehabilitation of Child Labour. A copy ofthe details would be submitted to the LabourCommissioner.

2. Upon receiving the details of the released children,the Labour Commissioner would send Rs 5,000/ per childto be deposited in the District Child Labour Welfarecum Rehabilitation Fund.

3. Once the details of the released children reach theDistrict Magistrate, he would issue directions to theline departments to cover the child labour and his/herfamily, within a reasonable time frame, under theirrespective welfare schemes in accordance with the StatePlan of Action. A copy of the directions would beendorsed to the local Labour Superintendent/ AssistantLabour Commissioner/Deputy Labour Commissioner, as thecase may be, and Labour Commissioner, Bihar for followup.

4. Once, with a receipt of a copy of the directions issuedby the District Magistrate (DM) to the district levelofficers of the concerned line departments forrehabilitation of the released child labour, he shallfollow up the same with the district level officers ofthe concerned line departments and ensure that all

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measures are taken within a reasonable time frame, andthe same is reported back to the concerned officials indue course of time.

5. The Labour Superintendent/ Assistant LabourCommissioner/Deputy Labour Commissioner, as the casemay be, shall apprise from time to time the DistrictMagistrate of the progress made in the rehabilitationprocess and maintain the information in his officerecords.

6. District Magistrate shall periodically review theprogress made in the rehabilitation of the releasedchild labour and for this purpose the LabourSuperintendent/ Assistant Labour Commissioner/DeputyLabour Commissioner, as the case may be, would providefull assistance.

7. District Magistrate would fully involve NGOs/CivilSociety Organizations in tracking the rehabilitation ofthe released children and in the rehabilitation processitself.

8. The issue of rehabilitation of the released childlabourer shall be closely monitored by theDistrict/Block/ Panchayat level task forces on regularbasis.

9. Labour Commissioner shall also track the rehabilitationof each released child labourer and, if need be, mayinteract with the line departments at the State levelfor expediting the process. The Child labour celllocated in his office would develop a trackingsoftware/mechanism for this purpose.

10. For the purpose of effective follow-up andmonitoring, the state may design a web-based ‘ChildTracking System’ with an issuance of a unique Card tothe end-user for tracking the benefits received.

(An extract taken from the Guidelines to be followed byDhawa Dal for Release, Restoration and Rehabilitationof Child Labour, Labour Resource Department, Govt. ofBihar, 2010)

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10. ROLE AND FUNCTIONS OF AUTHORITIES – IN DISTRICTS

Role of Police

The Police Department has notified DSP (HQ) as as the Nodal Officer(NO) on anti-human trafficking in district. He has to be worked asan official notified u/s. 13 ITPA as Special Police Officer (SPO).The NO will exercise command and control over the AHTU and ensureeffective functioning, best output and best performance. Policeofficials in the AHTU will perform the following tasks, within itsgiven jurisdiction:

Timely collection, dissemination and utilization of intelligence on victims of trafficking and offenders.

Maintain database of all categories of offenders including recruiters, traffickers, buyers, sellers, transporters, harbourers, ‘customers’, financiers, etc.

Maintain database of all places of exploitation, including the source, transit and destination areas as well as places where exploitation takes place under the façade of legal activities (like massage parlours, beer bars, friendship clubs, tourist circuits, film clubs, video parlours, etc.).

Diligent rescue operations after undertaking thorough research and groundwork (the aim should be the rescue of maximum number of trafficked persons).

Attend to post-rescue care and attention of rescued victims by involving government agencies and NGOs.

Carry out professional investigation on all aspects of the crime.

Ensure effective prosecution and strive for maximum and expeditious conviction of offenders.

Undertake all post-prosecution/ conviction actions, as per the law.

Initiate action for restoration and repatriation of victims, inconsultation with concerned authorities and NGOs.

Work closely with the prosecutors on all aspects of law enforcement including drafting charge sheets and other such documents and attend to the legal aspects that come up during investigation.

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Work closely with the prosecutor in monitoring the trial of cases including post-trial requirements (like compensation to victim, closure of brothels, etc.).

Undertake community policing in vulnerable source areas to prevent trafficking.

Keep vigil at transit areas, such as railway stations, bus stops, etc. to spot trafficked victims and carry out all steps for timely intervention.

Maintain constant liaison with other government departments andagencies and associate them for all activities on anti human trafficking.

Maintain constant liaison with NGOs working on anti human trafficking and associate them for all actions.

Associate the civil society, corporate and other willing agencies for effective rehabilitation of victims.

Maintain linkages with the media, subject to the administrativeguidelines in the state, so as to ensure non-victimization of victims as well as rights-oriented reporting.

Any other activity, as deemed necessary, in preventing and combating human trafficking.

Role of Prosecution OfficerProsecution Officers have a vital role to perform in crimes of humantrafficking. An ideal situation is when the Prosecution Officers isinvolved in the functioning of the Anti Human Trafficking actions atall stages, beginning with the drafting of the First InformationReport (FIR) and culminating in prosecution/ post-prosecutionactivities. Therefore, the AHTU will associate/ involve publicprosecutors in:

Drafting the FIR and other legal documents. [As per judgementof Supreme Court a public prosecutor can not be the part of theinvestigation, so the prosecutor can nopt do that]

Providing legal counseling to rescued victims. [As perjudgement of Supreme Court a public prosecutor can not be thepart of the investigation, so the prosecutor can nopt do that]

Assisting the AHTU during investigation, to ensure that legalprotocols are complied with, including matters relating tochain of custody and all legal requirements that arise duringinvestigation (eg. opposing bail, cancellation of bail,cancellation of surety, etc.).

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Assisting Investigation Officer (IO) to draft legal documentslike the charge sheet. [ As per judgement of Supreme Court apublic prosecutoer can not be the part of the investigation, sothe prosecutor can nopt do that]

Ensuring victim-witness protection before court of law duringtrial.

Coordinating with the police for eviction of offenders andclosure of places of exploitation.

Providing compensation/ relief to rescued persons as per thelaw/ administrative regulations.

Prosecution officer may submit an application before the courtof law for closure of place of exploitation

Role of other government agenciesGovernment agencies which perform various tasks in Anti Human Trafficking include officials of the Department of Social Welfare, SC/ST/Minority/OBC Welfare, Labour Resources, Health & Family Welfare, Short Stay Homes and those running Children’s Homes and Shelter Homes set up under the Juvenile Justice Act (JJ Act), as well as Protective Homes set up under the ITPA. Their mandate includes the following activities:

Respond promptly to any request from the AHTU in all activitiesparticularly those pertaining to care and attention of victims.

Hold regular meetings to review the progress of work and share contact addresses, telephones, etc. so that a prompt response can be ensured.

While conducting raids to rescue trafficked victims, the LabourResource Department can utilize the services of AHTU police officials not only to provide security but also for diligent investigation of trafficking linkages, which can lead to the rescue of more victims.

Ensure that the Department of Social Welfare (Women DevelopmentCorporation) provides all relief to rescued victims without delay.

Ensure that state provisions to provide interim relief/ compensation to rescued children/ women victims of trafficking are expedited, immediately. For instance, under Mukhyamantri Nari Shakti Yojana there has allocated Rs. 10,000/- to be paid either by the District Collector, as immediate relief for the

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purposes of travel, clothing, medicine and other immediate necessities.

Role of NGOs/ nodal NGOThe ITPA foresees NGOs/ social welfare organizations as significantconstituents/ components in the implementation of the legislation.The Bonded Labour System (Abolition) Act, 1976 also provides aspecific role to social welfare organizations in the constitutionand functioning of the Vigilance Committees in the rescue andrehabilitation of victims of trafficking for forced labour.Similarly, the JJ Act envisages a role for NGOs in therehabilitation and integration of ‘children in need of care andprotection’, who could be victims of trafficking for any type ofexploitation. NGOs can facilitate all activities of AHT startingwith intelligence collection up to conviction of the trafficker.They also have a major role in prevention of trafficking and re-trafficking of victim – survivors. Therefore, the mandate of theNGOs in the Anti Human Trafficking is clear:

Share intelligence and information about victims, vulnerable persons and vulnerable places with AHTU.

Act as whistle-blowers against any exploitation and exploiter. Share intelligence and information about the traffickers and all exploiters with AHTU.

Support the AHTU in all steps pertaining to pre-rescue, rescue and post rescue activities.

Assist the AHTU in providing medical care and help, legal counseling and psychosocial counselling to rescued victims. Assist the victims to get interim compensation granted by the state governments.

Assist the AHTU in liaising with the Shelter Homes, both government and NGO supported, and ensure safe care of rescued persons.

Undertake efforts for post rescue care and attention of rescuedvictims, by maintaining proper liaison with concerned state government agencies.

Take initiative and involve the AHTU in all prevention activities of trafficking at the source, transit and destination areas.

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Associate other appropriate NGOs and corporates for various activities, especially rehabilitation, providing livelihood skills and employment to rescued persons.

Provide counselors, translators, support personnel and witnesses as and when required and possible.

Advise AHTU on any improvement in functioning. As ambassadors of the AHTU appreciate and recognize good work/

best practices.

Role of local government/ Panchayat Raj Institutions (PRI)Local governments and PRIs have a major role in identifying vulnerable persons/ places and referring them to the AHTU. They can also be whistle blowers against recruiters and traffickers; alert AHTU about missing persons; and work with NGOs to empower vulnerablepersons. The synergy of AHTU with local government institutions and PRIs can help to reduce the harm done to rescued persons. Such initiatives are of tremendous value in preventing re-trafficking.

Role of mediaMedia can perform a responsible function in the field of anti human trafficking by sensitive reporting. The JJ Act and the IPC prohibit the disclosure of the identity of the trafficked victim vide s. 21 (in case of child in need of care and protection) and 228A (in casesof all victims who have been raped), respectively. In collaboration with the AHTU/ DLAHTC, the media can undertake the following activities:

Create awareness among the masses on all aspects of traffickingand develop zero tolerance to human trafficking.

Empower vulnerable persons by providing relevant information and thereby prevent trafficking.

Generate publicity for the DLAHTC by reporting its achievements.

Generate whistle blowers in society against traffickers and encourage people to report instances of trafficking to the DLAHTC.

The ‘culture of silence’ should be substituted with ‘zero tolerance’ to human trafficking. Develop synergy among all stakeholders in all aspects of Prevention, Prosecution and Protection.

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Ensure that media follows protocols and regulations in protecting the rights of the victims and survivors.

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Roles of key stakeholders

1. Anti-Trafficking Cell of Department of Social Welfare/Directorate. Monitor all the cases of trafficked victims Monitor actions being taken against the traffickers under the

Immoral Trafficking (Prevention) Act 1956 and in case of childlabour also use Sec 3 of the Child Labour Prohibition&Regulation) Act in case of hazardous occupations & processesand Sec 7, 8, 9, 11, 12 & 13 in case of non-hazardousoccupations & processes.

Monitor post rescue action i.e., coordination with NGOs foraccommodation, transportation, producing of children before theChild Welfare Committee, food and clothing and medical check-up.

Coordination with Police for providing security during the raidand afterwards. And also sensitize police of its role andresponsibilities during and after the rescue operation.

Coordination with Labour Resource Department for enrolment ofrescued child labour in Special Schools under NCLP Schools orSSA bridge centres in the home district.

Extend Childline toll-free 1098 helpline service. Improve infrastructure in Children’s Shelter Homes and increase

their strength. Training and guidance to CWC about the special needs of the

child victim and the rehabilitation plan so as to ensure speedyand adequate repatriation and rehabilitation of these children.

Mobilize with CWC for speedy repatriation of rescued victim (ifchild) and with Childline/ Women Helpline/ Short Stay Home.

Coordinate with other Departments, NGOs, etc. for temporaryshelter for the rescued victim.

Make arrangements for safe transportation of rescued victim tohome States/families.

Enable safe restoration and rehabilitation of rescued victim intheir home places.

Any other role mentioned in the SOP.

2. District Administration: To ensure action under the District level Anti Human

Trafficking Committee as per Astitava guideline and the ITPA1956, if applicable.

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Arrange for accommodation in temporary shelters of victimrescued until they are produced before CWC (in case of child)and repatriated to their homes places.

Instructions to be given to SP/DySP to give priority to respondto raid/inspection calls.

Make adequate arrangements for the rehabilitation of victim intheir home places including verification of the informationpertaining to their home addresses.

Any other role mentioned in the SOP.

3. Education Department: Direction for accommodation of victim (if) child in Residential

Bridge Centre/ Utpreran Kendra/ KGBV under SSA where NCLPspecial schools are not available.

Direction for providing books and uniforms to the childrenenrolled in Special schools.

Direction and monitoring of smooth mainstreaming of vulnerablechildren from Special Schools to regular SSA schools.

Direction for identifying vulnerable children/ youth groups inthe district level surveys conducted for out of schoolchildren.

Any other role mentioned in the SOP.

4. Municipal/ Panchayat Authorities: Direction to ensure admission of rescued if children in schools

without insisting on various formalities and certificates. Direction for admission irrespective of the time of the year

i.e. even after the month of October to children (if). Any other help sought by the local administration/labour

resource Department in the rescue and rehabilitation oftrafficked victims.

Any other role mentioned in the SOP.

5. Health Department: Departmental direction to Doctors/female doctors to accompany

in raids if required. Appropriate instructions to be issued to the hospitals for the

medication examination of the rescued victims. Instruction to identify team of psychiatrists and communicated

to help in counseling of the rescued victim.

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Medical benefits to be provided to trafficked victim under thePublic Health Scheme by the Health Dept.

Any other role mentioned in the SOP.

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PROFORMA [to obtain the benefit of Social Rehabilitation Fund]

[to be filled by beneficiary with support of Women Helpline/ Short Stay Home/ Swadhar Grih/ Ujjawala Home/ NGOssupporting woman’s rehabilitation process]

To,The District Magistrate,

--------------------------------

1. Name of the affected woman:

2. Age of the affected woman:

3. Name of the parents: (a) Father:(b) Mother:(c) Spouse:

4. Address: (a) Father/Mother:

(b) Spouse:

5. Nature of violence occurred with women:

a. Domestic Violence: i. Case in brief:

ii. DIR No.:iii. Date:iv. Put up before the authority:v. Case Status:

vi. Detail of Service Provided to the victim: Counselling: Medical: Shelter: Other................................ (specify)

vii. Referral information (if any)

b. Immoral Trafficking:i. Case in brief:

ii. FIR No.:iii. Name of PS and date of raid/ rescue operation:iv. Put up before the authority: v. Details of Service Provided to the victim:

Counselling: Medical: Shelter:

Appendix 1

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Other................................ (specify)vi. Referral information (if any)

c. Dowry Atrocity:i. Case in brief:

ii. FIR No.:iii. Name of PS where case has been registered:iv. Put up before the authority: v. Details of Service Provided to the victim:

Counselling: Medical: Shelter: Other................................ (specify)

vi. Referral information (if any)

6. Name and details of the Applicant: (if the application is made by minor dependents on behalf of or on death of the affected woman)

7. Relationship with the Affected woman (Legal Heir or Any other, Specify):

8. Purpose for getting the benefit of Social Rehabilitation Fund:

9. Details of Bank Account (if have; in condition non-availability ofbank a/c no frill account opening process would be supported by assisting authority):

Date Signature of the applicant

-----------------------------------------------------Recommendation--------------------------------------------------

I, ____________________ (Name of recommending authority ofWHL/SSH/Swadhar Grih/Ujjawala Home/ NGO), ________________________(Job title),____________________________ (address) have personallycounselled the victim and supported to fill the application proformafor getting the benefit of Social Rehabilitation Fund. All theinformation provided by the applicant is correct as per my best ofknowledge and I am recommending for provide Rs. _______________ (inword also) to her. This amount to be used for_________________________ purpose and it help in rehabilitationprocess.Folio No. Date: Signature & Seal

Name:Address:

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-----------------------------------------------------Officeremark--------------------------------------------------

To,The District Magistrate,

Subject: Recommendation to provide benefit of Social RehabilitationFund to applicant.

Madam/ Sir,Applicant Mrs./Ms. ____________________ (Name of victim),

________________________ (address) has made request before youoffice to provide the benefit of Social Rehabilitation Fundamounting Rs. _________________ (in word________________________)for mentioned purpose in application.

The applicant fulfils all the required criteria to getbenefited. Decision may please be taken to approve the requestedamount Rs. _____________ in favour of applicant.

For kind approval and needful action.

Dairy No. Date: Signature & SealName:Address:

-----------------------------------------------------Approval--------------------------------------------------

Subject: Recommendation to provide benefit of Social RehabilitationFund to applicant.

Applicant Mrs./Ms. ____________________ (Name of victim),________________________ (address) has made request to provide thebenefit of Social Rehabilitation Fund amounting Rs._________________ (in word________________________) for mentionedpurpose in application.

In the light of recommendation above the requested amount Rs._____________ may be released in favour of applicant.

Rs. ____________________ approved for _________________________purpose.

Dairy No. Date: Signature & Seal of DistrictMagistrate

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Name:Address:

Conventions and Protocols related to Suppression and Prevention ofTrafficking in Persons

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

The Convention for the Suppression of the Traffic in Persons and ofthe Exploitation of the Prostitution of Others is a resolution ofthe UN General Assembly. The preamble states:

"Whereas prostitution and the accompanying evil of the traffic in persons for the purpose ofprostitution are incompatible with the dignity and worth of the human person and endangerthe welfare of the individual, the family and the community"

It was approved by the General Assembly on 2 December 1949 and cameinto effect on 25 July 1951. In 2007, seventy-four states were partyto the convention (see map). Additionally, five states had signedthe convention but had not yet ratified it. The Convention requiresstate signatories to punish any person who "procures, entices orleads away, for purposes of prostitution, another person, even withthe consent of that person", "exploits the prostitution of anotherperson, even with the consent of that person", run brothels or rentaccommodations for prostitution purposes. Convention on the Elimination of all Forms of Discrimination against

Appendix 2

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Women (CEDAW)

The Convention on the Elimination of all Forms of Discriminationagainst Women (CEDAW) is an international convention adopted in 1979by the United Nations General Assembly. Described as aninternational bill of rights for women, it came into force on 3September 1981. The United States is the only developed nation thathas not ratified the CEDAW.

Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (commonlyabbreviated as the CRC, CROC, or UNCRC) is a human rights treatysetting out the civil, political, economic, social, health andcultural rights of children. The Convention generally defines achild as any human being under the age of eighteen, unless anearlier age of majority is recognized by a country's law. Nationsthat ratify this convention are bound to it by international law.

The United Nations General Assembly adopted the Convention andopened it for signature on 20 November 1989 (the 30th anniversary ofits Declaration of the Rights of the Child). It came into force on 2September 1990, after it was ratified by the required number ofnations. As of November 2009, 194 countries have ratified it,including every member of the United Nations except Somalia and theUnited States of America. Somalia's cabinet ministers had announcedplans to ratify the treaty. Two optional protocols were adopted on25 May 2000. The First Optional Protocol restricts the involvementof children in military conflicts, and the Second Optional Protocolprohibits the sale of children, child prostitution and childpornography. Both protocols have been ratified by more than 140states.

SAARC Convention on Preventing and Combating Trafficking in Women And Children For Prostitution 2002

The South Asian Association for Regional Cooperation (SAARC) dealswith the problem of trafficking. The SAARC Convention on Preventingand Combating Trafficking in Women and Children for Prostitution of2002 was signed by Member States including India. The main purposeof this Convention is to promote cooperation amongst Member States

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so that they may effectively deal with the various aspects oftrafficking in women and children, i.e. the prevention of the use ofwomen and children in international prostitution networks,particularly where the countries of the SAARC region are thecountries of origin, transit and destination, the repatriation andrehabilitation of victims of trafficking.The Protocol to Prevent, Suppress and Punish Trafficking in Persons,especially Women and Children

The Protocol to Prevent, Suppress and Punish Trafficking in Persons,especially Women and Children (also referred to as the TraffickingProtocol) is a protocol to the Convention against TransnationalOrganised Crime. It is one of the two Palermo protocols, the otherone being the Protocol against the Smuggling of Migrants by Land, Sea and Air,adopted by the United Nations in Palermo, Italy in 2000.

The Trafficking Protocol entered into force on 25 December 2003. ByOctober 2009, the Protocol had been signed by 117 countries, andthere were 133 parties. The United Nations Office on Drugs and Crime(UNODC) is responsible for implementing the Protocol.

Relevant Provisions of ITPA and IPC

S.No.

Law Main provision

1. Section 2(f)ITPA, 1956

“Prostitution” means the sexual exploitationor abuse of persons for commercial purposes,and the expression “prostitute” shall beconstrued accordingly.

2. Section 3 ITPA,1956

Punishment for keeping a brothel or allowingpremises to be used as a brothel —

Appendix 3

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S.No.

Law Main provision

1. Any person who keeps or manages, oracts or assists in the keeping ormanagement of, a brothel, shall bepunishable on first conviction withrigorous imprisonment for a term of notless than one year and not more thanthree years and also with fine whichmay extend to two thousand rupees andin the event of a second or subsequentto conviction with rigorousimprisonment for a term of not lessthan two years and not more than sevenyears and also with fine which mayextend to two thousand rupees.

2. Any person who—a. being the tenant, lessee, occupier

or person in charge of any premises,uses, or knowingly allows any otherperson to use, such premises or anypart thereof as a brothel, or

b. being the owner, lessor or landlordof any premises or the agent of suchowner, lessor or landlord, lets thesame or any part thereof with theknowledge that the same or any partthereof is intended to be used as abrothel, or is wilfully a party tothe use of such premises or any partthereof as a brothel, shall bepunishable on first conviction withimprisonment for a term, which mayextend to two years, and with finewhich may extend to two thousandrupees and in the event of a secondor subsequent conviction, withrigorous imprisonment for a termwhich may extend to five years and

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S.No.

Law Main provision

also with a fine.2-A For the purposes of sub-section (2),it shall be presumed, until the contraryis proved, that any person referred to inclause (a) or clause (b) of that sub-section, is knowingly allowing thepremises or any part thereof to be used asa brothel or, as the case may be, hasknowledge that the premises or any partthereof are being used as a brothel, if —a. a report is published in a newspaperhaving circulation in the area in whichsuch person resides to the effect that thepremises or any part thereof have beenfound to be used for prostitution as aresult of a search made under this Act; orb. a copy of the list of all things foundduring the search referred to in clause(a) is given to such person.

c. Notwithstanding anything contained in anyother law for the time being in force, onconviction of any person referred to inclause (a) or clause (d) of sub-section(2) of any offence under that sub-sectionin respect of any premises or any partthereof, any lease or agreement underwhich such premises have been leased outor held or occupied at the time of thecommission of the offence, shall becomevoid and inoperative with effect from thedate of the said conviction.

3. Section 4 ITPA,1956

Punishment for living on the earnings ofprostitution1. Any person over the age of eighteen yearswho knowingly lives, wholly or in part, onthe earnings of the prostitution of anyother person shall be punishable with

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S.No.

Law Main provision

imprisonment for a term which may extend totwo years, or with fine which may extend toone thousandrupees, or with both, and where suchearnings relate to the prostitution of achild or a minor, shall be punishable withimprisonment for a term of not less thanseven years and not more than ten years.2. Where any person over the age of eighteenyears is proved—a. to be living with, or to be habitually inthe company of, a prostitute; orb. to have exercised control, direction orinfluence over the movements of a prostitutein such a manner as to show that such personis aiding abetting or compelling herprostitution; orc. to be acting as a tout or pimp on behalfof a prostitute,it shall be presumed, until the contrary isproved, that such person is knowingly livingon the earnings of prostitution of anotherperson within the meaning of sub-section (1)

4. Section 5 ITPA,1956

Procuring, inducing or taking person for thesake of prostitution —1. Any person who —

a. Procures or attempts to procure aperson whether with or withouthis/her consent, for the purpose ofprostitution; or

b. Induces a person to go from anyplace, with the intent that he/shemay for the purpose of prostitutionbecome the inmate of, or frequent, abrothel; or

c. takes or attempts to take a personor causes a person to be taken, from

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S.No.

Law Main provision

one place to another with a view tohis/her carrying on, or beingbrought up to carry on prostitution;or

d. causes or induces a person to carryon prostitution; shall be punishableon conviction with rigorousimprisonment for a term of not lessthan three years and not more thanseven years and also with fine whichmay extend to two thousand rupees,and if any offence under this sub-section is committed against thewill of any person, the punishmentof imprisonment for a term of sevenyears shall extend to imprisonmentfor a term of fourteen years:Provided that if the person inrespect of whom an offence committedunder this sub section i. is a child, the punishmentprovided under this sub-sectionshall extend to rigorousimprisonment for a term of not lessthan seven years but may extend tolife; and ii. is a minor, the punishmentprovided under this sub-sectionshall extend to rigorousimprisonment for a term of not lessthan seven years and not more thanfourteen years.

3. An offence under this Section shall betriable —

a. in the place from which a person isprocured, induced to go, taken orcaused to be taken or from which an

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attempt to procure or taken suchpersons made; or

b. in the place to which she may have goneas a result of the inducement or towhich he/ she is taken or caused to betaken or an attempt to take him/her ismade.

5. Section 6 ITPA,1956

Detaining a person in premises whereprostitution is carried on —1. Any person who detains any other person,whether with or without his consent —

a. in any brothel, orb. in or upon any premises with intent

that such person may have sexualintercourse with a person who is notthe spouse of such person,

shall be punishable on conviction, withimprisonment of either description for aterm which shall not be less than sevenyears but which may be for life or for aterm which may extend to ten years and shallalso be liable to fine:Provided that the Court may for adequate andspecial reasons to be mentioned in thejudgment, impose a sentence of imprisonmentfor a term, which may be less than sevenyears.2. Where any person is found with a child ina brothel, it shall be presumed, unless thecontrary is proved, that he has committed anoffence under sub-section (1).2-A Where a child or minor found in abrothel, is, on medical examination,detected to have been sexually abused, itshall be presumed unless the contrary isproved, that the child or minor has beendetained for purposes of prostitution or, as

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the case may be, has been sexually exploitedfor commercial purposes.3 A person shall be presumed to detain aperson in a brothel or in upon any premisesfor the purpose of sexual intercourse with aman other than her lawful husband, if suchperson, with intent to compel or induce herto remain there —

a. withholds from her any jewellery,wearing apparel, money or otherproperty belonging to her, or

b. threatens her with legal proceedings ifshe takes away with her any jewellery,wearing apparel, money or otherproperty lent or supplied to her by orby the direction of such person.

4 Notwithstanding any law to the contrary,no suit, prosecution or other legalproceeding shall lie against such woman orgirl at the instance of the person by whomshe has been detained, for the recovery ofany jewellery, wearing apparel or otherproperty alleged to have been lent orsupplied to or for such woman or girl or tohave been pledged by such woman or girl orfor the recovery of any money alleged to bepayable by such woman or girl.

6. Section 9 ITPA,1956

9. Seduction of a person in custody —Any person who having the custody, charge orcare of or in a position of authority overany person causes or aids or abets theseduction for prostitution of that shall bepunishable on conviction with imprisonmentof either description for a term, whichshall not be less than seven years but whichmay be for life or for a term which mayextend to ten years and shall also be liable

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to fine:Provided that the Court may, for adequateand special reasons to be mentioned in thejudgment, impose a sentence of imprisonmentfor a term of less than seven years.

7. Section 366Indian Penal Code

Kidnapping, abducting or inducing woman tocompel her marriage, etc.Whoever kidnaps or abducts any woman withintent that she may be compelled, or knowingit to be likely that she will be compelled,to marry any person against her. will, or inorder that she may be forced or seduced toillicit intercourse, or knowing it to belikely that she will be forced or seduced toillicit intercourse, shall be punished withimprisonment of either description for aterm which may extend to ten years, andshall also be liable to fine; and whoever,by means of criminal intimidation as definedin this Code or of abuse of authority or anyother method of compulsion, induces anywoman to go from any place with intent thatshe may be, or knowing that it is likelythat she will be, forced or seduced toillicit intercourse with another personshall be punishable as aforesaid.

8. Section 366AIndian Penal Code

Procreation of minor girlWhoever, by any means whatsoever, inducesany minor girl under the age of eighteenyears to go from any place or to do any actwith intent that such girl may be, orknowing that it is likely that she will be,forced or seduced to illicit intercoursewith another person shall be punishable withimprisonment which may extend to ten years,and shall also be liable to fine.

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Section 366BIndian Penal Code

Importation of girl from foreign country:

Whoever imports into 161[India] from anycountry outside India 162[or from the Stateof Jammu and Kashmir] any girl under the ageof twenty-one years with intent that she maybe, or knowing it to be likely that she willbe, forced or seduced to illicit intercoursewith another person, 163[***] shall bepunishable with imprisonment which mayextend to ten years and shall also be liableto fine.]

9. Section 367Indian PenalCode

Kidnapping or abducting in order to subjectperson to grievous hurt, slavery, etc.Whoever kidnaps or abducts any person inorder that such person may be subjected, ormay be so disposed of as to be put in dangerof being subject to grievous hurt, orslavery, or to the unnatural lust of anyperson, or knowing it to be likely that suchperson will be so subjected or disposed of,shall be punished with imprisonment ofeither description for a term which mayextend to ten years, and shall also beliable to fine.

10. Section 370Indian PenalCode

Buying or disposing of any person as a slaveWhoever imports, exports, removes, buys,sells or disposes of any person as a slave,or accepts, receives or detains against hiswill any person as a slave, shall bepunished with imprisonment of eitherdescription for a term, which may extend to

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Section 370 OFIPC

seven years, and shall also be liable tofine.

370. (1) Whoever, for the purpose ofexploitation, (a) recruits, (b)transports,(c) harbours, (d) transfers, or (e)receives, a person or persons, by—

First.— using threats, or

Secondly.— using force, or any otherform of coercion, or

Thirdly.— by abduction, or

Fourthly.— by practising fraud, ordeception, or

Fifthly.— by abuse of power, or

Sixthly.— by inducement, including thegiving or receiving of payments orbenefits, in order to achieve theconsent of any person having controlover the person recruited, transported,harboured, transferred or received,commits the offence of trafficking.

Explanation 1.— The expression"exploitation" shall include any act ofphysical exploitation or any form ofsexual exploitation, slavery orpractices similar to slavery, servitude,or the forced removal of organs.

Explanation 2.— The consent of thevictim is immaterial in determination ofthe offence of trafficking.

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(2) Whoever commits the offence oftrafficking shall be punished withrigorous imprisonment for a term whichshall not be less than seven years, butwhich may extend to ten years, and shallalso be liable to fine.

(3) Where the offence involves thetrafficking of more than one person, itshall be punishable with rigorousimprisonment for a term which shall notbe less than ten years but which mayextend to imprisonment for life, andshall also be liable to fine.

(4) Where the offence involves thetrafficking of a minor, it shall bepunishablewith rigorous imprisonment for a termwhich shall not be less than ten yearsbut whichmay extend to imprisonment for life, andshall also be liable to fine.

(5) Where the offence involves thetrafficking of more than one minor, itshall bepunishable with rigorous imprisonmentfor a term which shall not be less thanfourteenyears but which may extend toimprisonment for life, and shall also beliable to fine.

(6) If a person is convicted of theoffence of trafficking of minor on morethan one occasion, then such personshall be punished with imprisonment for

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life, which shall mean imprisonment forthe remainder of that person's naturallife, and shall also be liable to fine.

(7) When a public servant or a policeofficer is involved in the traffickingof any person then, such public servantor police officer shall be punished withimprisonment for life, which shall meanimprisonment for the remainder of thatperson's natural life, and shall also beliable to fine.

Section 370A OFIPC

(1) Whoever, knowingly or having reasonto believe that a minor has beentrafficked, engages such minor forsexual exploitation in any manner, shallbe punished with rigorous imprisonmentfor a term which shall not be less thanfive years but which may extend to sevenyears, and shall also be liable to fine.

(2) Whoever, knowingly by or havingreason to believe that a person has beentrafficked, engages such person forsexual exploitation in any manner, shallbe punishedwith rigorous imprisonment for a termwhich shall not be less than three yearsbut which may extend to five years, andshall also be liable to fine.'.

11. Section 371Indian PenalCode

Habitual dealing in slavesWhoever habitually imports, exports,removes, buys, sells, traffics or deals inslaves, shall be punished with 152[imprisonment for life], or withimprisonment of either description for aterm not exceeding ten years, and shall alsobe liable to fine.

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12. Section 372Indian PenalCode

Selling minor for purposes of prostitution,etcWhoever sells, lets to hire, or otherwisedisposes of any 164 [person under the age ofeighteen years with intent that such personshall at any age be employed or used for thepurpose of prostitution or illicitintercourse with any person or for anyunlawful and immoral purpose, or knowing itto be likely that such person will at anyage be] employed or used for any suchpurpose, shall be punished with imprisonmentof either description for a term which mayextend to ten years, and shall be liable tofine.

13. Section 373Indian PenalCode

Buying minor for purposes of prostitution,etcWhoever buys, hires or otherwise obtainspossession of any person under the age ofeighteen years with intent that such personshall at any age be employed or used for thepurpose of prostitution or illicitintercourse with any person or for anyunlawful and immoral purpose, of knowing itto be likely that such person will at anyage be employed or used for any purpose,shall be punished with imprisonment ofeither description for a term which mayextend to ten years, and shall also beliable to fine.

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ASTITVA – its aims and objectives

Government of Bihar, through ASTITVA has acknowledged that:- Human trafficking in Bihar is a critical problem- Human trafficking directly affected to weaker sections of the

society- Human trafficking has straight links to HIV/ AIDS

Existing system is not working satisfactory to minimize the volumeof human trafficking statewide; therefore there is a need ofcomplete and integrated mechanism to combat with human trafficking.

The basic objectives of ASTITVA- Bihar are as follows:

- For the prevention and removal of human trafficking, ensurequalitative actions in source, transit and destination areasfor trafficking.

- Ensure and prioritize proper rescue, rehabilitation andsustainable repatriation with special emphasis on livelihoodand socio- economical empowerment.

- Human trafficking is an organized crime, therefore, ensuringlegal actions/provisions against pimps, traffickers etc.

- Ensuring Sensitization, mobilization and capacity building ofjudiciary, Government/ Non Government authorities on minimizingthe vulnerabilities of human trafficking state wide.

The ASTITVA-Bihar has the provision of Administrative/ management Structure in followingmanner:

- State level Anti Human Trafficking Coordination Committee underthe chair of Chief Secretary

- District level Anti Human Trafficking Committee under the chairof District Magistrate

- Anti Human Trafficking Task Force under the chair of DirectorGeneral of Police.

- District level Anti Human Trafficking Unit under supervision ofSuperintendent of Police

- Anti Human Trafficking Prosecution Monitoring Committee underthe chair of Director General, Prosecution

- District Anti Human Trafficking Prosecution MonitoringCommittee under the chair of District Magistrate

Appendix 4

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- Village level Anti Human Trafficking Bodies; and - Cross Border Anti Human Trafficking Prevention

Nodal Officers: As per the ASTITVA State Plan of Action the government of Bihar hasearmarked Director, Social Welfare and Investigation General –Weaker Section of Criminal Investigation Department (CID) as theNodal Officers on Anti Human Trafficking. Similarly at districtsSuperintendent of Police called as the ‘Police Nodal Officer’ (PNO)and the Assistant Director-Social Security (ADSS) as the ‘GovernmentNodal Officer’ (GNO). The PNO and GNO have been directed to makeefforts to give wide publicity regarding their name, telephone no.,email id and contact address and ensure accessibility to public. ThePolice Stations and Police officers are supposed to display thesedetails on their display board. PNO will be the key contact personfor all rescue activities and GNO for all post rescue activities.Both should collaborate in their activities, including GovernmentDepartments and NGO’s, in order to prevent and combat trafficking.

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Post Rescue Action to be taken towards Care and Protection ofTrafficked Victims Procedurestowards

For Victims below 18 years (boys/girls)

For Victims above 18 year

ImmediateCare andProtection

- Segregate the victim from offenders

- Reassurance about personal safety, s/he is a victim not

of an accused - Basic resources such

as clothing, blankets,water, food, medicine,first aid

- Medical examination- Produce before Child

Welfare Committee(CWC) with JuvenileChild Welfare Officer(JCWO) u/s 32 JJ Act

- CWC to refer thevictim for temporaryShelter (if availablewithin thejurisdiction) or referto Fit Institution /Fit Person as per theJuvenile Justice Act.

- Segregate the victim from offenders

- Reassurance about personal safety, s/he is a victim

not of an accused

- Basic resources suchas clothing, blankets,water, food, medicine,first aid

- A detailed interviewof the rescued personsis necessary to getinformation on theirpersonal details suchas age, native place,health status, familyhistory, etc

- Produce before theMagistrate and obtainorder for counsellingand protective sheltersupport

- Bring before the WomenHelpline (WHL) forcounselling andshelter support

- Legal counsellingsupport from DLSA orWHL

- Medical care supportfrom local hospital

Inquiry - CWC to initiate theInquiry withassistance from theJWO/SJPU

- Recording andtreatment of physicalinjuries

- Recording andtreatment of physicalinjuries

- Recording of signs ofsexual assault,including any historyof abortion and

Appendix 5

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- Recording of signs ofsexual assault,including any historyof abortion andrelated disease andits treatment

- Recording andtreatment of anyaddiction- drugs oralcohol

- Any mental healthconditions demandingattention andtreatment

- Prepare HomeVerification Report

- Police to collect allthe evidences and FIR

- Contact District ChildProtection Unit andrequest to prepareSocial InvestigationReport (SIR)

- Closure of places ofexploitation u/Cr. PC& u/ITPA

related disease andits treatment

- Recording andtreatment of anyaddiction- drugs oralcohol

- Any mental healthconditions demandingattention andtreatment

- Collect all theevidences and FIR

- Prepare HomeVerification Report

- Closure of places ofexploitation u/Cr. PC& u/ITPA

- Submit the chargesheet

RestorationandRehabilitation

- CWC with support fromthe Counsellor/ SocialWorker prepares aChild Care Plan

- CWC to undertakeFamily Tracing andprepares arehabilitation planbased on an inquiry

- The rehabilitationplan includes theeducationalrehabilitation ofchild and economicrehabilitation offamily

- Contact local PRI/ ULBand approach foridentification ofvictims family

- Prepare victimprotection&rehabilitation plan

- Contact local PRI/ ULBand approach foridentification ofvictims’ family

- Fill up theapplication forgetting benefit of‘Social RehabilitationFund

- Counsel the parentsand fill up bond paper

- In case gettingdifficult inrestoration, send toProtection home (u/s10A, ITPA)

- In case of pimp, take

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- Counsel the parentsand fill up bond paper

- Mobilizeadministrativeofficials forproviding benefits tochild & his/ herfamily

order of Magistrate tosend her in CorrectiveInstitution

- Mobilizeadministrativeofficials forproviding benefits tovictim

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lsok esa]lHkh ftyk inkf/kdkjh------------------------------------------------lHkh iqfyl v/kh{kd@ojh; iqfyl v/kh{kd ¼jsy ftyk lfgr½]

Appendix 6

106

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iVuk&15] fnukad& 28 ebZ]2013

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egk’k;]mijksDr fo"k;d lekt dY;k.k funs’kky; ds i=kad 1564

fnukad&26-07-2011 ds }kjk ekuo O;kikj dh jksdFkke ds fy,vf/klwfpr vfLrRo dk;Z;kstuk ds izHkkoh dk;kZUo;u gsrq funs’kfn;s x;s FksA ijUrq izkIr lwpuk ds vuqlkj ekuo O;kikj lsihfM+rksa ds cpko ds fy, jsM ,oa jsLD;q vfHk;ku vijk/k dsvuqikr esa dkQh de gks jgs gSa rFkk vuqla/kku] vfHk;kstu ,oan.M nsus dh xfr cgqr /kheh gSA ihfM+rksa ds iquokZl dk;ksZa esaf’kfFkyrk izdV gqbZ gSaA ekuo O;kikj dks jksdus rFkk bl vuSfrddk;Z esa fyIr vijkf/k;ksa dks dkuwu ds fgjklr esa ysus rFkk ltkfnykus ds mn~ns’; jkT; ds lHkh ftyksa esa ftyk Lrjh; ekuoO;kikj fojks/kh lfefr ¼DLAHTCs½] 40 iqfyl ftyk ,oa 04 jsy iqfylftyksa esa ekuo O;kikj fojks/kh bdkbZ;ka ¼AHTUs½ xfBr gSaA ijUrqDLAHTC dh fu;fer cSBd vk;ksftr ugha dh tk jgh gSA AHTU }kjkjsM ,.M jsLD;q vfHk;ku visf{kr la[;k esa ugha gks jg gSaAjsM ,oa jsLD;q vfHk;kuksa dk izfrosnu Hkh fu/kkZfjr izi= esaugha Hkstk tk jgk gSA lkekftd iquokZl dks"k dk mi;ksxihfM+rkvksa ds iquokZl gsrq ugha gks ik jgk gSA o"kZ 2012 ,ao28 Qjojh] 2013 rd lapkfyr jsM ,.M jsLD;q vfHk;kuksa ds izfrosnufuns’kky; dks izkIr gq, gSa] mlesa ihfM+rkvksa ds iquokZl dhdkjZokbZ ,oa ekuo O;kikj esa fyIr O;fDr;ksa ij U;kf;d vfHkj{kkdh lwpuk vizkIr gSA

vr% vfLrRo dk;Z;kstuk ds izHkkoh dk;kZUo;u ds fy,fuEufyf[kr dk;ksZa dk izeq[krk ds lkFk vuqikyu djus dh vko’;drkgS%&

1- izR;sd ekg ftyk Lrjh; ekuo O;kikj fojks/kh lfefr dh fu;fercSBd vk;ksftr dj ekuo O;kikj dh jksdFkke ,oa ihfM+rksa dsiquokZl dh dkjZokbZ dh leh{kk dh tk;A cSBd dh dk;Zokgh

107

ekuo O;kikj fojks/kh dks"kkax] lekt dY;k.k funs’kky; dksHkstk tk;A lgk;d funs’kd] lkekftd lqj{kk dks ftyk Lrjh;ekuo O;kikj fojks/kh lfefr dk lnL; la;kstd ds :i esa ukferfd;k x;k gSA

2- ftyk Lrjh; ekuo O;kikj fojks/kh lfefr ds l’kfDrdj.k ds fy,ekuo O;kikj ds eqn~ns ij lfØ; fofHkUu xSj ljdkjhlaxBuksa ,oa lekt ds izfrf"Br] laosnu’khy] cqf)thohukxfjdksa dks lfefr ls tksM+k tk;A

3- ftyk Lrjh; ekuo O;kikj fojks/kh lfefr ds lqn`<+hdj.k djusgsrq lfefr ds rgr~ 04 milfefr;ksa ;Fkk& tkx:drk milfefr]jsM ,.M jsLD;q milfefr] fjfyQ ,oa iquokZl milfefr rFkkvfHk;kstu vuqJo.k milfefr] ds xBu dj buesa xSj ljdkjhlaLFkkvksa ds izfrfuf/k;ksa] pkbZYMykbu dks 'kkfey fd;ktk;A lkFk gh efgyk fodkl fuxe] fcgkj }kjk lapkfyr efgykgsYiykbu ,oa vYikokl x`g ds inkf/kdkfj;ksa dks Hkhmilfefr;ksa esa 'kkfey fd;k tk;A

4- ekuo O;kikj ls ihfM+rksa ds cpko ds jsM ,oa jsLD;q dhdkjZokbZ vuSfrd i.ku ¼fuokj.k½ vf/kfu;e 1956 ds /kkjk15 ,oa 16 ds izko/kkuksa ds vuq:i dkjZokbZ iwoZ dk;Z;kstukcukdj dh tk;A

5- jsM ,oa jsLD;q ds le; iqfyl v/kh{kd ds v/khu xfBr ,.Vhg~;qeu VSªfQfdax bdkbZ dks ifj;kstuk izca/kd] efgykgsYiykbu@ xSj ljdkjh laXkBu dh efgyk izfrfuf/k dks vo’; gh'kkfey fd;k tk;A

6- jsM ,oa jsLD;q dkjZokbZ ds ckn cpk;s x;s ihfM+rksa dkseftLVªsV ¼cPpksa ds laca/k esa cky dY;k.k lfefr½ ds le{kizLrqr djrs gq, laj{k.k vkns’k ¼protection order½ izkIr djsaxsrFkk ftyk ekuo O;kikj fojks/kh lfefr ds v/;{k dks bldhlwpuk ,oa lwph nh tk; rkfd cpko ds ckn iquokZl dh dk;Zokgh'kq: dh tk ldsA

7- ekuo O;kikj ds ihfM+rksa dks ^vkJ; x`g* ¼;Fkk efgyk fodklfuxe }kjk lapkfyr vYikokl x`g] efgyk ,oa cky fodkl ea=ky;iz;ksftr Lo/kkj x`g ;k vU; ekU;rk izkIr Lo;alsohlaLFkkvksa ds }kjk lapkfyr x`g½ esa vkokflr djokus dsrqjar ckn ftyk eq[;ky; esa dk;Zjr~ ^efgyk gsYiykbu* dhdkmalyj ls dkamlfyax lqfuf’pr djus dk funs’k fn;k tk;AihfM+r ds vo;Ld gksus dh fLFkfr esa fd’kksj U;k; ¼cPPkksa

108

dh ns[kjs[k ,oa laj{k.k½ vf/kfu;e 2000@06 ds izko/kku dsvuq:i ^cky x`g* ¼iVUkk ,oa csxqljk;½ esa vkoflr djk;stk;saxsA mijksDr fLFkfr esa ;fn ihfM+rk dks fdlhljdkj }kjk xSj foRrh; iksf"kr vkJ; x`g esa vkokflr djk;ktkrk gS] rks efgyk ds fpfdRlk] vkoklu] Hkkstukfn esa gksusokys O;; dh jkf’k ^lkekftd iquokZl dks"k* ls miyC/k djkbZtk;sxhA

8- izR;sd ekg ekuo O;kikj fojks/kh bdkbZ ¼AHTU½ dk izfrosnulfpo] lekt dY;k.k foHkkx ,oa egkfujh{kd] vijk/k vuqla/kkufoHkkx ¼detksj oxZ½ dks fu/kkZfjr izi= esa izsf"kr fd;ktkuk lqfuf’pr dh tk; ,oa cpk;s x, ihfM+rksa ds laj{k.k ,oaiquokZl ds fy, dh xbZ dkjZokbZ dk mYys[k vfuok;Zr% fd;ktk;A

9- ihfM+rk dks vkfFkZd lgk;rk eq[;ea=h ukjh 'kfDr ;kstuk dsrgr~ lapkfyr ^lkekftd iquokZl dks"k* ls jsM ,oa jsLD;qdkjZokbZ ds 3 fnuksa ds vanj miyC/k djk;h tk;A bl dks"k dsfy, lHkh ftyksa dks efgyk fodkl fuxe] fcgkj ds }kjk jkf’kmiyC/k djk nh xbZ gSA AHTU }kjk cpk;s x;s ihfM+rksa lslacaf/kr fyf[kr lwpuk ,oa lwph iqfyl inkf/kdkjh }kjk ftykinkf/kdkjh dks miyC/k djkbZ tk;sxhA izkIr lwpuk ,oa lwphds vk/kkj ij ftyk inkf/kdkjh Rofjr dkjZokbZ djrs gq, ftykLrjh; ekuo O;kikj fosjk/kh lfefr dh milfefr dh cSBd cqykdj ihfM+rk dks :i;s 3000@& dh varfje iquokZl lgk;rk iznkudjsaxsA rFkk ftyk Lrjh; ekuo O;kikj fojks/kh lfefr dh vxyhcSBd esa vuqeksnu izkIr dj ysaxs ,oa ihfM+r ds iquokZlgsrq vko’;drk dk vkdyu dj ns; dqy iquokZl lgk;rk jkf’k dslaca/k esa fu.kZ; ysaxsA

10- ekuo O;kikj dh jksdFkke ,oa ihfM+rksa ds iquokZl dsfy, xzke Lrjh; ekuo O;kikj fojks/kh fudk; dk xBu iapk;rLrj ij djk;k tk;A

11- ftyk Lrj ij ftyk iqfyl fu;a=.k dks"kkax ds }kjk ekuoO;kikj ds ihfM+rksa ,oa VSªfQdjksa ls lacaf/kr foLr`rMkVkcsl la/kkfjr fd;k tk;A

12- ftyksa esa ljdkj ds lg;ksx ls lapkfyr mRrj j{kk x`g¼iVUkk ,oa eqt¶Qjiqj½] efgyk ,oa cky fodkl ea=ky;izk;ksftr Lo/kkj x`g ¼eqt¶Qjiqj ,oa dfVgkj½] efgyk fodklfuxe }kjk ftyk eq[;ky;ksa esa lapkfyr vYikokl x`gksa rFkk

109

cPpksa ds lanHkZ esa cky x`g] iVUkk ,oa csxqljk; rFkk vU;xSj ljdkjh laLFkkvksa ls leUo; LFkkfir djuk vR;ar ghvko’;d gSA ihfM+rksa ds laj{k.k ,oa iquokZl ds fy, dsoyjkT; ljdkj }kjk fucaf/kr@ekU;rk izkIr x`gksa esa laj{k.krFkk iquokZl d fy, izsf"kr djsaA ,slh laLFkkvksa dks jkT;ljdkj ls vuqKki= ¼License½ izkIr djuk vfuok;Z gksxkA bux`gksa dk lapkyu vuSfrd i.ku fuokj.k ¼fcgkj½ fu;ekoyh]2007 ds ekxZnf’kZdk ds vkyksd esa fd;k tkuk pkfg,A

13- ihfM+r@ihfM+rk ds vo;Ld gksus dh fLFkfr esa fd’kksjU;k; ¼cPpksa dh ns[kjs[k ,oa laj{k.k½ vf/kfu;e 2000] ;Fkkla’kksf/kr 2006 ds izko/kku ds vuq:i dkjZokbZ lqfuf’pr dhtk;A ,sls cPps 24 ?kaVs ds vanj cky dY;k.k lfefr ds le{kizLrqr gksaxsA dk;kZy; vof/k ds ckn cky dY;k.k lfefr dsv/;{k vFkok lnL; ds ?kj ij Hkh izLrqr fd;k tk ldrk gSAizLrqr djus ds ckn cPpksa dks cky x`g vFkok ekU;rk izkIrxSj ljdkjh laLFkk ds lqjf{kr vkJ; x`g esa gh j[kk tk;sxkA

14- jsM ,oa jsLD;q ls cpk;s x;s ihfM+rksa dks fdlh HkhfLFkfr esa lh/ks vfHkHkkod ;k fdlh vU; laca/kh dks lqiqnZugha fd;k tk;A lacaf/kr izkf/kdkj ls laj{k.k vkns’k ysusds mijkar mUgsa ekU;rk izkIr vYikokl x`g] vkfn esa vkokflrdjk;k tk;A ihfM+rksa dks esfMdy] dkmalfyax vkfn dh lqfo/kkmiyC/k djokus ds mijkar gh muds lkekftd ,oa iquokZl fLFkfrdh iwjh tkap djds vfHkHkkod dks U;kf;d izfØ;k iwjh djus dsmijkar gh lqiqnZ fd;k tk;A

15- iqfyl v/kh{kd dh v/;{krk esa gksus okys vijk/kksa dhleh{kk cSBd esa ekuo O;kikj fuokj.k ,oa fujks/k lslacaf/kr eqn~nksa ij izeq[krk ij ppkZ dh tk; vkSj mDr cSBdesa ftyk Lrjh; ekuo O;kikj fojks/kh lfefr dh ^jsM ,oajsLD;q milfefr* Hkkx ysaxsA

16- VSªfQdjksa ds fo:) Rofjr pktZ’khV nkf[ky djokus ,oavfHk;kstu ds fu"iknu ds fy, ftyk vfHk;kstu dk;kZy; viuhfo’ks"k Hkwfedk lqfuf’pr djsaxs rFkk egkfuns’kd] vfHk;kstufuns’kky; ,oa ekuo O;kikj fojks/kh dks"kkax dks vfHk;kstuvuqJo.k dk izfrosnu izR;sd ekg izsf"kr djsaxsA

17- ekuo O;kikj dh jksdFkke esa lkekftd tkx:drk vfuok;ZgSA bl laca/k esa O;kid tkx:drk vfHk;ku dk;ZØe vk;ksftrfd;s tkus dh vko’;drk gSA 'kS{kf.kd laLFkkuksa] xSj ljdkjh

110

laLFkkvksa ds lg;ksx ls fu;fer :i ls dk;ZØe vk;ksftr djlfpo] lekt dY;k.k foHkkx dks izfrosfnr fd;k tk;A

fo’oklHkktug0@&

¼v’kksd dqekjflUgk½

eq[; lfpoAKkikad% fnukad%izfrfyfi%& iqfyl egkfuns’kd( iz/kku lfpo] x`g foHkkx( lfpo]lekt dY;k.k foHkkx ,oa egkfuns’kd] vfHk;kstu dks ftykinkf/kdkfj;ksa ,oa vkj{kh v/kh{kdksa ds lkFk leUo; dj dk;kZUo;u,oa fu;fer izfrosnu izLrqr djus gsrqA

g0@&¼v’kksd dqekj

flUgk½eq[; lfpoA

111

References

1. Model Standard Operating Procurers (SOP) for Police investigationofficer (IOM-International Organisation for Migration)

2. Standard Operating Procures on Investigation of Crimes ofTrafficking for Forced Labour (UNODC/ Bachpan Bachao Andolan,2008)

3. Protocol on Inter State Rescue and Post Rescue Activities(Relating to Persons Trafficked for Commercial SexualExploitation), UNODC, 2007

4. Advisory on missing children-measures needed to preventtrafficking and trace the children-regarding, MoH-GoI, 07 03 2012

5. Advisory on Preventing and Combating Human Trafficking in India,MoH-GoI, 15 09 2009

6. Advisory on preventing and combating human trafficking in Indiadealing with foreign nationals, MoH-GoI, 03 05 2012

7. Compendium of best practices on Anti Human Trafficking by Non-government organisation, UNODC, 2008

8. Judicial Handbook on combating trafficking of women and childrenfor commercial and sexual exploitation, MWCS -NHRC-UNICEF, 2005

9. Standard Operating Procedures (SOP) on Investigating Crimes ofTrafficking for Commercial Sexual Exploitation, UNODC, 2007

10. Standard Operating Procedures (SOP) for Prosecutors to combatHuman Trafficking, UNODC, 2009

11. Leah Wickham, The Rehabilitation and Reintegration Process for Women and Children Recovering from the Sex Trade. April, 2009

12. Protocol on Prevention, Rescue, Repatriation and Rehabilitationof Trafficked & Migrant Child Labour, Ministry of Labour & Employment, GOI

13. SOP on Pre-rescue, Post rescue and Repatriation of Trans-BorderHuman Trafficking & HIV between Bodoland Territorial Council (BTC)and Royal Kingdom of Bhutan, Nedan Foundation, Assam.