Sop 2

Ministry of Home
Afairs
Government of India
SOP for Implementation of SAARC
Convention on Preventing and
Combating
Traf!ing in "omen and C#ildren for
Prostit$tion
Introd$tion to t#e Standard Operating Proed$res
%SOP&
The SAARC Convention on Preventing and Combating Trafficking in Women
and Children for Prostitution has following main Articles:
Article I- Defnitions,
Article II - Scope of Convention
Article III - Ofences,
Article IV - Aggravating Circumstances
Article V - Judicial Proceedings
Article VI - utual !egal Assistance
Article VII - "#tradition or Prosecution
Article VIII - easure to Prevent and Interdict $ra%c&ing in 'omen
and C(ildren
Article I) - Care, $reatment, *e(a+ilitation and *epatriation of Victims
Article ) - Implementation,
Article )I- ,ig(er easures
Article )II - Signature and *atifcation
Article )III - "ntr- into .orce
Article )IV - Depositor-
$(e SOP (as +een designed to cover all t(e operative articles of t(e
Convention in terms of / distinct $(ematic Areas, as detailed +elo01
1
T#emati Area '1 Implementation 2Article ) - Implementation,
Article II - Scope of Convention3
T#emati Area (1 Defning and criminali4ing tra%c&ing in 0omen
and c(ildren for prostitution 2Article I- Defnitions, Article III -
Ofences, Article IV - Aggravating Circumstances3
T#emati Area )1 utual legal assistance 2Article VI - utual !egal
Assistance, Article II - Scope of Convention3 in criminal matters in
respect of t(e ofences under t(e Convention i5e5 as amended or
enacted
T#emati Area *1 "#tradition6prosecution 0it(in t(e Convention
2Article VII 7 "#tradition or Prosecution, Article II - Scope of
Convention3
T#emati Area +1 Judicial proceedings6trial 2Article V - Judicial
Proceedings3
T#emati Area ,1 Prevention and Interdiction of tra%c&ing in
0omen and c(ildren for prostitution 2Article VIII 7 easure to
Prevent and Interdict $ra%c&ing in 'omen and C(ildren, Article II -
Scope of Convention3
T#emati Area -1 Care, treatment, re(a+ilitation and repatriation
of victims 2Article I) 7 Care, $reatment, *e(a+ilitation and
*epatriation of Victims, Article II - Scope of Convention3
T#emati Area .1 ,ig(er measures 2Article )I- ,ig(er easures3
In all 8/ specifc steps (ave +een se9uentiall- outlined under eac( of t(e
t(ematic areas5 And for eac( step under $(ematic Area :-8, a +o#
carr-ing description of t(e agenc- 2Initiator3 t(at oug(t to initiate t(e step
(as +een given5 an- of t(e steps can +e initiated simultaneousl- +ut
some of t(e steps 0ould re9uire complete action on ot(er steps5 .or
e#ample, unless tra%c&ing is defned and criminali4ed, utual !egal
Assistance or Capacit- +uilding of t(e dut- +earer can not +e initiated5 It is
(ig(l- recommended to focus on t(is aspect of implementation of t(e SOP
to get desired results5
$(e SOP is +eing presented in terms of $(ematic Areas to facilitate +etter
understanding a+out t(e steps +eing proposed t(roug( grouping of t(e
inter-related steps5 .or most of t(e steps under eac( t(ematic area, it is
(ig(l- li&el- t(at action 0ill +e initiated +- a single agenc- or at most +-
t0o agencies5 $(is approac( 0ould greatl- facilitate utili4ation of t(e SOP
and monitoring of t(e same5 .eed+ac& can also +e provided +- t(e
mem+er states under eac( step to facilitate easier collation to fnali4e t(e
draft SOP5
2
TH/MATIC AR/A '0 Implementation 2Article ), II3
ACTIO12ST/PS0 ACTIO12 TA3/1
:5: *atifcation of convention +- t(e mem+er state
Done +- all seven signatories e#cept Afg(anistan

:5; Deposit instrument of ratifcation 0it( t(e SAA*C Secretariat
Done +- all seven signatories e#cept +- Afg(anistan
:5< =otifcation a+out t(e instrument +- t(e relevant ministr- of t(e
=ational >overnment
Initiator1 "#ternal6,ome6!a0-
Done +- inistr- of "#ternal Afairs
:5? =omination of a nodal ministr-6agenc- for tra%c&ing
Initiator1 =ational >overnment- inistr- of ,ome Afairs,
>overnment of India (as nominated t(e follo0ing o%cer to act as
t(e nodal o%cer1
S(ri @5@5 Pat(a&, IAS
Joint Secretar- to >overnment of India
*oom =o5 :A<6 ; A, =ort( Bloc&,
inistr- of ,ome Afairs,
=e0 Del(i - ::C CC:
P(one1 DA: :: ;<CA;E<C
.a#1 DA: :: ;<CA;E8F
Smt5 Sangeeta Verma,
"conomic Advisor,
inistr- of 'omen and C(ild Development, S(astri B(a0an, =e0
Del(i5
:5F Distri+ution of notifcation to all relevant departments6agencies
including investigating and prosecuting departments6agencies
Initiator1 =odal ministr-6agenc-
inistr- of ,ome Afairs- Circulated to all concerned inistries
inistr- of 'omen and C(ild Development
:5E .eed+ac& on t(e generic SOP for implementation of t(e Convention
SOP 0as prepared and circulated +- inistr- of ,ome Afairs,
>overnment of India
.eed+ac& received from inistr- of 'omen and C(ild
Development t(roug( inistr- of "#ternal Afairs
.eed+ac& also received from B(utan, Banglades( Sri !an&a,
aldives, India and Pa&istan Get to receive from, =epal and
Afg(anistan
:58 Adoption of t(e countr- specifc SOP to guide t(e implementation of
t(e Convention for t(e mem+er state
3
inistr- of 'omen and C(ild Development in consultation 0it(
t(e
inistr- of ,ome Afairs and inistr- of "#ternal Afairs
Prepared SOP for 4anglades# e5#anged and negotiated
in t6o meetings7 8inal meeting yet to be #eld7
:5/ $ime +ound monitoring of t(e implementation
Bot( inistr- of 'omen and C(ild Development and
inistr- of ,ome Afairs are monitoring t(e $ime +ound
implementation
TH/MATIC AR/A '0 Comments6 Suggestions of em+er States1
Afg(anistan1 =o comments received
Banglades(1 Implementation of t(is convention remains
0ea&
"fectiveness of t(is instrument (as +een
compromised signifcantl- +ecose of some
limitations on its scope
B(utan1
'(at t-pe of regulator- mec(anism6s or
o+ligation6s 0ill +e placed on mem+er states to
fulfll its responsi+ilities or compliance in
relation to t(e Convention on $ra%c&ing and
SOPH
'(at are t(e processes or mec(anisms to use
to develop countr- specifc SOPH
'(at are t(e procedures for developing lin&s
+et0een countr- specifc SOPs, Cross +order
SOPs and *egional SOPsH
India1 =o Comments to ofer
aldives1 =o Comments to ofer
=epal1 =o comments received
Pa&istan1 =o comments
Sri !an&a1
The S.O.P. prepared by the Government of India
for preventing trafcking in women & children
seems to be an eective meas!re.
"e wo!ld like to adopt a co!ntry speci#c S.O.P.
for implementing the provisions of S$$%&
convention
4
It f!rther needed details on how to develop a
mechanism for co!ntry speci#c S.O.P.
TH/MATIC AR/A (0 Defning and criminali4ing tra%c&ing in 0omen and
c(ildren for prostitution 2Articles I, III, IV3
;5: Identifcation of most common and not so common forms
:
of
tra%c&ing in 0omen and c(ildren for prostitution as o+served 0it(in
cross +order 2in +ound and out +ound3 as 0ell as internal tra%c&ing5
$(is can +e done t(roug( des& top revie0 of studies6reports,
sta&e(older consultation and anal-sis of data+ase, if availa+le 0it(
an- agenc-5
Initiator1 =odal ministr-6agenc- directl- or t(roug( a consultant
inistr- of 'omen and C(ild Development, >overnment of India
(7'222Common 8orms of Traf!ing
M"C9 $nderta!es resear#: st$dies and s$rveys on
patterns and forms of traf!ing7 T#ese s#o6 t#at
traf!ing is arried o$t for vario$s p$rpose s$#
as prostit$tion: labo$r: organ trade et7
8or traf!ing into prostit$tion: t#e ommon forms
adopted inl$de l$ring: deeption: false promise of
;ob< marriage: fore and oerion7
Overar#ing a$se for traf!ing is ta!ing
advantage of v$lnerabilities 6it# regard to poverty:
illiteray: distress migration et7
T#e above #old good for bot# internal and ross2
border traf!ing into India7
Ation Resear# Report of 1HRC on traf!ing:
(==+7
S$ggestion for 8$rt#er Cooperation bet6een SAARC
To s#are information on patterns and form of traf!ing:
pro>le of omm$nities being traf!ed of ea# o$ntry
in t#e SAARC Region so t#at ommon strategies and
initiatives s$# as training of sta!e#olders: sensitisation:
advoay and s#aring I/C material an be $nderta!en7
;5; =ational legal frame0or& anal-sis to identif- various
legislations6provisions of various legislations t(at can +e amended
to address t(e identifed forms of tra%c&ing in line 0it( t(e
mandate of t(e convention5
1
Form of trafficking implies distinct modus operandi used by traffickers. For example, a common form could be
faking marriage/love relationship to target victims intended for exploitation for prostitution. ther form could be
exploiting !traditional" practice of child marriage #children are much more in demand than adults in prostitution$
%
Initiator1 =odal ministr-6agenc- t(roug( a consultant or inistr-
of !a0
t(e
inistr- of ,ome Afairs
Ministries $ndertoo! an e5erise to loo! at t#e legal
frame6or! to identify e5isting legislations<provisions of
vario$s legislations : IPC Setions: CrP setions t#at an
be $sed d to address t#e identi>ed forms of traf!ing in
line 6it# t#e mandate of t#e onvention and if need may
be amended
Indian Penal Code Provisions Sections
The IPC has a number of sections dealing with numerous offences linked to
commercial sexual exploitation/trafficking of women/ girl/minors
1 Kidnapping/Abduction 35!3"#
a A Procuration of $inor girl 3""A
b In most cases of trafficking for the purpose of prostitution% this
&ection will come into operation'
c It does not in(ol(e the element of kidnapping and does not depend on
the concept of consent
! &elling $inor for prostitution 3)* The pro(isions of this &ection ma+ be
in(oked to prosecute all traffickers/ exploiters who are in(ol(ed
a In the prostitution of minors'
b The offence is punishable with imprisonment of either description for
term which ma+ extend to ten +ears% and
c the offender shall also be liable to fine'
" ,u+ing $inor for prostitution 3)3
a This &ection allows for the prosecution of the traffickers% the
commercial sexual exploiters or brothelmadams% and also those who
sexuall+ exploit the minor% i'e'% the customers'
b The presumption that ismade in the explanation to the section shifts
the burden of proof upon the brothel owner% manager% etc'
c The offender can be punished with imprisonment of either
description for a term which ma+ extend to
d ten +ears% and shall also be liable to fine'
# -ther &ections
a .rongful /estraint 0 .rongful Confinement 33!31#
b Acts 2one in 3urtherance of Common Intention 31
c Abetment 45)!4*5
d Criminal Conspirac+ 4*5A% 4*5 ,
e Criminal 3orce/ Assault 31!35"
f Cheating 145!14#
g Criminal Trespass 114
h Criminal Intimidation 553!55
2
2&&'#($ )*+,- %31
3
#1(('$ 1 )** 4(&
4
1((.#.$ )** 4.%
'

;5< Polic- decision on amendment to t(e e#isting la0s6provisions of t(e
la0s or enactment of a ne0 compre(ensive la0
inistr- of 'omen and C(ild Development is considering
amendment in I$PA
Competent aut(orit- i5e5 Ca+inet and Parliament
C#ange in IPC and CrPC : Ministry of Home in
ons$ltation 6it# Ministry of ?a6 : C#ange in Rape ?a6s
and ot#er related se5$al ofenes is already $nder
onsideration7
;5? Amendment6enactment of t(e la0 in accordance 0it( t(e
procedures laid do0n 0it(in t(e national frame0or&5
Amendment6enactment must address defnitional re9uirements of
article I, criminali4e ofences outlined in Article III and ensure t(at
aggravating circumstances outlined in article IV are addressed in t(e
ne06amended penal provisions5 $(e punis(ment provided for grave
ofences of tra%c&ing as defned in Article IV s(all +e in consonance
0it( punis(ment provided for grave ofences as prescri+ed in t(e
domestic la0s5 $(e amended6enacted legal provisions s(all appl- to
cross +order as 0ell as to internal tra%c&ing5
t(e inistr- of ,ome Afairs
(7(: (7) @ (7* 222?egislation and amendments
T#e premier legislation against ommerial se5$al
e5ploitation is t#e Immoral Traf %Prevention&
At enated in 'A+,7
T#e salient feat$res are 02
P$nis#ment for !eeping a brot#el or allo6ing
premises to be $sed as a brot#el %Setion )&
P$nis#ment for living on t#e earnings of
prostit$tion %Setion *&
Pro$ring: inl$ding or ta!ing person for t#e
sa!e of prostit$tion %Setion +&
Prostit$tion in or in t#e viinity of p$bli
plaes %Setion -&
Sed$ing or soliiting for p$rpose of
%
#1((&$ 3 )** 31.
'
+/0 1((1 )* 3&21
1
+/0 1(.4 )* 1&((
.
#2&&3$ 2,3 1&%
(
#d$ !child in need of care and protection" means a child
#vi$ 4ho is being or is likely to be grossly abused, tortured, or exploited for the purpose of sexual abuse or
illegal acts
#vii$ 4ho is found vulnerable and is likely to be inducted into drug abuse or
#viii$ 4ho is being or is likely to be abused for unconscionable gains
1&
+/0 1((1 )* 3&21
11
+/0 1(.4 )* 4'(
1
prostit$tion %Setion .&
Appointment of Speial polie ofer and
advisory body %Setion ')&
Removal of prostit$te from any plae %Setion
(=&
Setting $p Protetive Homes %Setion ('&
Ot#er legislation 6#i# also #ave provisions related
to traf!ing are
Indian Penal Code %ertain Setions&:
4onded ?abo$r System %Abolition& At: 'A-,:
C#ild ?abo$r %Pro#ibition and Reg$lation& At:
'A.,:
B$venile B$stie %Care and Protetion of
C#ildren& At: (=== and
Pro#ibition of C#ild Marriage At: (==,7
T#e te5ts are available on t#e 6ebsite
6667indiaode7ni7in
To strengt#en t#e provisions of ITPA: ertain
amendments #ave been proposed7 T#ese inl$de0
9e>ning Traf!ing as provided $nder t#e C1 Protool7
5he definition of trafficking under +rticle 3 of the 6rotocol to 6revent, )uppress
and 6unish 5rafficking in 6ersons, -specially 7omen and *hildren,
supplementing the 8nited 9ations *onvention against 5ransnational rgani:ed
*rime, 2&&& covers the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of po4er or of a
position of vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for the
purpose of exploitation. -xploitation shall include, at a minimum, the
exploitation of the prostitution of others or other forms of sexual exploitation,
forced labour or services, slavery or practices similar to slavery, servitude or the
removal of organs.
/t further clarifies that the consent of a victim of trafficking in persons to the
intended exploitation is irrelevant 4here the means specified above have been
used. +lso, 4here a child is concerned, the recruitment, transportation, transfer
harbouring or receipt of a child for the purpose of exploitation shall be
considered trafficking even if it does not involve any of the means laid do4n in
the definition of trafficking.
5he )++0* *onvention adopted unanimously by ;angladesh, ;hutan, /ndia,
2aldives, 9epal, 6akistan and )ri ,anka 4hich is relevant for cross border
trafficking in )outh +sia also has defined trafficking. <o4ever, it is a limited
definition 4hich only covers trafficking for commercial sexual exploitation.
5rafficking is defined as the moving, selling or buying of 4omen and children
for prostitution 4ithin and outside a country for monetary or other considerations
4ith or 4ithout the consent of the person sub=ected to trafficking.
Amendments proposed in ITPA 0
Raising t#e age of #ild from si5teen years to
.
eig#teen year7
9eleting Setions 6#i# re2vitimiDes t#e
vitims7
Providing In2Camera proeedings in o$rt
ases to safeg$ard privay of vitims7
/n#aning p$nis#ment to traf!ers: brot#el
!eepers: pimps et7 If a #ild: t#e p$nis#ment
e5tends to life7
Introd$ing ne6 setion for p$nis#ment for a
person 6#o visits brot#el for ommerial se5$al
e5ploitation7
Setting $p of Central 1odal A$t#ority in t#e
Centre and State 1odal A$t#orities in t#e States
for oordinating Anti2traf!ing eforts7
1ational legislations of SAARC o$ntries to be plaed on
t#e SAARC 6ebsite7
;5F .raming and notifcation of rules, if re9uired for e#ecution of
amended6enacted provisions
;5E =otifcation a+out t(e amendment6enactment of relevant provisions
;58 Dissemination of notifcation to all relevant organs of t(e
government 2concerned ministries and agencies including
investigating and prosecuting agencies3 0it( t(e re9uest for
efecting corresponding amendments in t(e relevant administrative
instruments 2procedures, polic- statements, protocols etc35
;5/ Pu+lic announcement of t(e amendment6enactment of relevant
provisions of t(e la0s t(roug( various c(annels availa+le to t(e
government 0it( t(e aim to raise pu+lic a0areness a+out t(e legal
provisions dealing 0it( t(e tra%c&ing in 0omen and c(ildren for
prostitution5
;5A .or0arding of amended6enacted la0s to ot(er SAA*C mem+ers
Initiator1 =odal ministr-6agenc- and inistr- of "#ternal6.oreign
Afairs
inistr- of 'omen and C(ild Development t(roug( inistr- of
"#ternal Afairs
(
T#e amended<enated la6s regarding India an be sent to
SAARC Member States only after t#ey are reeived from
Ministry of "omen and C#ild 9evelopment
TH/MATIC AR/A (0 Comments6 Suggestions of em+er States1
Banglades(1
$(e defnition and forms of e#ploitation are
limited onl- to prostitution
!eaving out ot(er forms of tra%c&ing and
practices li&e se#ual e#ploitation, forced la+our
services, +ondage la+our, slaver- or practices
similar to slaver-, removal of organs from living
+od-, forcefull- introducing oneself as camel
Ioc&e-, +egging etc5
"#clusion of t(e male victims
!ac& of diiferrentiation +et0een voluntar-
migration and tra%c&ing
!ac& of specifc accounti+ilities in part of source
and destination countries5
B(utan1
'(at is t(e time frame recommended to fulfll
t(e a+ove areasH
'ill it +e left to t(e countries to defne t(eir o0n
time frame or 0ill it +e a common time frame
for t(e *egion so t(at t(e SOP can +e
operationalised at t(e same timeH
India1
$(e punis(ment provided for grave ofences of
tra%c&ing as defned in Article IV s(all +e in
consonance 0it( punis(ment provided for grave
ofences as prescri+ed in t(e domestic la0s5
$(e amended6enacted legal provisions s(all
appl- to cross +order as 0ell as to internal
tra%c&ing5
Sri !an&a1 Since several inistries including even t(e Ca+inet
departments, agencies, competent aut(orities,
individuals sta&e(olders, s(ould +e incorporated 0it(
ma&ing arrangements in t(is regard it ma- ta&e
considera+le time
1&
TH/MATIC AR/A )0 utual legal assistance
:;
2!A3 2Article VI, II3 in
criminal matters in respect of t(e ofences under t(e Convention i5e5 as
amended or enacted 2dra0s on $,"A$IC A*"A ;3
ACTIO12ST/PS0
<5: Identifcation of domestic la0s 2su+stantive, procedural and
evidence la0s3 for cross +order cooperation in investigation,
in9uires, trials or ot(er proceedings, as 0ell as of specifc
implementing mec(anism 2notifcations, guidelines3
Initiator1 inistr- tas&ed 0it( initiating action on !A in criminal
matters
inistr- of ,ome Afairs 2Polic- Planning Division, Judicial
6Justice 7II division3
The Indian Penal Code$ 1%&'
46 3"5' Kidnapping from India ! .hoe(er con(e+s an+ person be+ond the
limits of India without the consent of that person% or of some person
legall+ authori7ed to consent on behalf of that person is said to kidnap
that person from India'
*6 3"3' Punishment for kidnapping ! .hoe(er kidnaps an+ person from
India or from lawful guardianship% shall be punished with imprisonment
of either description for a term which ma+ extend to se(en +ears% and
shall also be liable to fine'
36 3"",' Importation of girl from foreign countr+! .hoe(er imports into
India from an+ countr+ outside India or from the &tate of 8ammu and
Kashmir an+ girl under the age of twent+!one +ears with intent that she
ma+ be% or knowing it to be likel+ that she will be% forced or seduced to
illicit intercourse with another person% shall be punishable with
imprisonment which ma+ extend to ten +ears% and shall also be liable to
fine'
Citi7enship Act% 455
46 This Act ma+ be in(oked to re(oke citi7enship of those con(icted of
offences in(ol(ing imprisonment o(er two +ears% pro(ided such person is
12
2utual ,egal +ssistance #2,+$ in criminal matters is the formal 4ay in 4hich countries re>uest and provide
assistance in obtaining evidence located in one country to assist in criminal investigations or proceedings in
another country. 2utual legal assistance might be built into the domestic legislation of a member country. 5he
mechanism for execution, in such a case, 4ould be in place through notifications and guidelines. 5he domestic
provisions may not include every aspect for 4hich 2,+ is desired bet4een any t4o member countries. 5his
can, ho4ever, be addressed by a treaty/agreement/28. 5he 2,+ can be sought under the domestic la4s
and/or treaty ;85 can also be sought on the principle of reciprocity #case to case basis$. 5he mechanism used
4ill have to be governed by domestic la4s and rules framed by the government #notified procedures$. /n the
absence of domestic legislation, mechanism 4ill have to be spelt out to give effect to 2,+ under the
convention.
11
a naturali7ed citi7en of India and is con(icted of an offence of trafficking
withinIndia and is con(icted of an offence of trafficking within a period
of fi(e +ears after naturali7ation4ii' A naturalised citi7en is one who has
ac9uired citi7enship after application to the Central :o(ernment i'e' not
one who is a citi7en b+ birth'
*6 The con(iction could be in an+ countr+ and not necessaril+ in India'
;arious traffickers who in(ol(e themsel(es in cross!border trafficking
ma+ be brought under the pur(iew of this legislation% if the+ fit the
criteria of naturali7ed citi7ens of India' The Central :o(ernment is the
authorit+ empowered to take awa+ citi7enship under this Act after gi(ing
the concerned person a reasonable opportunit+ to be heard'
36 The police ma+ also petition the Central :o(ernment to re(oke
citi7enship in cases of traffickers who ha(e been found guilt+ as the
Central :o(ernment has the sole prerogati(e to re(oke citi7enship'
The 3oreigners Act% 41"
46 This Act empowers the Central :o(ernment to make pro(isions relating
to an+ foreigner% or all foreigners% or an+ group thereof </&' 3 of the Act'
&uch pro(isions ma+ relate to regulating entr+% exit or beha(iour in
India' The+ ma+ prescribe that foreigners shall not enter India% or shall
enter India onl+ at such times and b+ such route and at such port or
place and sub=ect to the obser(ance of such conditions on arri(al as ma+
be prescribed'
*6 These pro(isions can be used to counter cross border trafficking b+
irregular entr+ and trafficking of people into India' If an+ person
contra(enes the pro(isions of this Act or of an+ order or an+ direction
gi(en in pursuance of this Act% he shall be punished with imprisonment
for a term that ma+ extend to fi(e +ears and shall also be liable for fine
</&' 41 of the Act' An attempt to contra(ene is also similarl+ punishable
</&' 43'
Immigration >Carrier?s @iabilit+6 Act% *555
46 This Act can be used to prosecute those who indulge in the illegal
transport of human beings from other countries' This Act applies onl+ to
carriers b+ air or b+ sea' .here the pro(isions of the Passport Act or an+
rules made there under are contra(ened in bringing persons from other
countries into India% the carrier ma+ be punished b+ the competent
authorit+ under the Passport Act% b+ order imposing a penalt+ of rupees
one lakh on such carrier4i('
*6 3or the purposes of this Act% Acarrier? means a person who is engaged in
the business of transporting passengers b+ water or air and includes an+
association of persons% whether incorporated or not% b+ whom the
aircraft or the ship is owned or chartered4('
Indian Passport >Bntr+ into India6 Act% 4*5
12
The Central :o(ernment% under this Act% ma+ make rules4(i re9uiring that
persons entering India shall be in possession of passports' It ma+ prohibit
the entr+ into India or an+ part thereof of an+ person who does not ha(e in
his possession a passport issued to him'
<5; If countr- is a mem+er of Interpol, t(en identifcation of cooperation6
services provided6 o+tained t(roug( Interpol 20it( respect to !A in
criminal matters3 and procedures t(ereof 0it( details a+out t(e
e#ecuting agencies
matters
inistr- of ,ome Afairs 2Polic- Planning Division, Internal
Securit- -I Division on !A$3 in consultation 0it( CBI
Cooperation in /5tradition: M?A and assistane of
Interpol mentioned in General Assembly Resol$tion
,'<'.= of Mar# (==-2 reprod$ed belo60
85 Invites em+er States to give necessar- guidelines and
provide training and ade9uate resources to la0 enforcement
+odies and ot(er relevant aut(orities to com+at tra%c&ing in
persons, to care for t(e rig(ts and needs of t(e victims and to
consider esta+lis(ing coordination and cooperation mec(anisms
at t(e national and international levels on e#tradition, mutual
legal assistance and s(aring police intelligence information, as
appropriate, ta&ing into account t(e information and
communication tools ofered +- InterpolJ
<5< Idenifcation of all international legal instruments 2+ilateral, regional
and multilateral treaties3 on !A in criminal matters ratifed +- t(e
mem+er countr-, if an-, and also of t(e international legal
instruments ratifed +- t(e mem+er countr- t(at contain some part
on !A in criminal matters5 Identifcation of status of ratifcation +-
ot(er SAA*C countries of all identifed International legal
instruments5
matters
Status of International Instruments Signed( Ratified b)
India

Important International Documents Dealing with
Organised Crime and Human Trafficking
+. 6rotocol to 6revent, )uppress and 6unish 5rafficking in 6ersons, especially
7omen and *hildren, supplementing the 8nited 9ations *onvention against
5ransnational rgani:ed *rime
;. 6rotocol against the )muggling of 2igrants by ,and, )ea, and +ir,
supplementing the 8nited 9ations *onvention
against transnational rgani:ed *rime
India has ratified the <CT-C Con(ention'
13
Name of Convention Status
UN Convention on
the Rights of the
Child
Date of Accession: 11
December, 1992
!tional "rotocol to
CRC on Sale of
Children, Child
"rostitution, Child
"ornogra!h#
Signed on 1$
November, 2%%&
Convention on the
Su!!ression of
'mmoral (raffic and
of the "rostitution of
thers
9 )a# 19$%
'* Convention 1+,
)inimum Age
Convention
Not #et ratified b#
'ndia
'* Convention 1,2
Convention
concerning the
"rohibition
and 'mmediate
Action for the
-limination of
the .orst /orms of
Child *abour
Ratification under
consideration0
Convention on the
-limination of All
/orms of
Discrimination
Against .omen
1C-DA.2
Ratified on 9 3ul#,
199+, 4ith a
declaration5reservation
SAARC Convention of
"reventing and
Combating (raffic6ing
in .omen and
Children for
Signed on $

3anuar#,
2%%2, at the -leventh
SAARC Summit in
7athmandu on &89
3anuar#, 2%%2
14
"rostitution 2%%2 and
SAARC Convention on
Regional
Arrangements for the
"romotion of Child
.elfare in South Asia
89 *onvention against
5ransnational rganised
*rime
December 12, 2%%2
'ndia has ratified the
Convention0
6rotocol to 6revent,
)uppress and 6unish
5rafficking in 6ersons,
-specially 7omen and
*hildren
Ratified0
6rotocol against the
)muggling of 2igrants by
,and, )ea and +ir
Ratified0
Securit- -I Division on !A$3
<5? Development of a guide+oo&6compendium 0it( all t(e details as
identifed t(roug( <5:, <5; and <5< and distri+ution of t(e same to all
concerned and relevant ministries and agencies including
investigating and prosecuting agencies5
matters
inistr- of ,ome Afairs 2Polic- Planning Division3
,A-K=ODC (as developed a (and+oo& on legal frame0or&
regarding com+ating (uman tra%c&ing5
<5F Development of protot-pe of an e-tool to implement !A in criminal
matters in respect of ofences under t(e Convention and testing of
t(e same5
matters
<5E Issuance of t(e follo0ing guidelines6 good practices to all t(e
e#ecuting agencies in respect of sending and (andling of re9uests
for !A in respect to ofences under t(e Convention
.or sending re9uests
1%
*e9uesting state to ensure compliance 0it( relevant domestic
and treat- provisions of t(e re9uested state
.ull details of aut(orit- ma&ing re9uest
If re9uest carries a deadline or mar&s LurgentM, t(e reasons
s(ould +e e#plained
.or processing re9uests received
Ac&no0ledgement of receipt of re9uest +- return post5 $(e repl-
to carr- details of persons6o%ces c(arged 0it( e#ecuting action
on re9uest
Intimation to re9uesting state 0(en t(e re9uest cannot +e partl-
or 0(oll- met 0it(out undue dela-
matters
Securit- -I Division on !A$3
TH/MATIC AR/A )0 Comments6 Suggestions of em+er States1
Banglades(1 =o comments received
B(utan1
Critical need to (old cross +order meetings6
discussions6 consultations to la- do0n common
issues and c(allenges, and identif- areas of
cooperation to fulfll common strategic needs5
,o0ever, 0(at mec(anisms are 0e going to adopt
and (o0 are 0e going to mandate into operational
plans at t(e frontlineH
'(at mec(anism or process 0ould +e laid do0n
for political level negotiations especiall- 0(ere
more t(an t0o countries and diferent states are
involvedH
India1
)tates should seek to ensure that the assistance made available to
foreign )tates should be no less than 4hat is available in domestic
investigations.
)tates should minimi:e their use of grounds of refusal to render
mutual legal assistance.
)tates should endeavour to ensure that costs involved in carrying
out mutual legal assistance re>uests are apportioned on a mutually
agreeable basis.
1'
)tates should seek to implement domestic mechanisms to allo4 for
sei:ure and confiscation of proceeds and instrumentalities of crime
and for international cooperation for the purpose of confiscation
Sri !an&a1 '(en t0o or t(ree countries are involved 0it( a case
of (uman tra%c&ing a+ove mec(anism ma- +e 0ell
organi4ed
11
TH/MATIC AR/A *0 "#tradition
:<
6prosecution 0it(in convention 2Article
VII, II3
ACTIO12ST/PS0
?5: Identifcation of domestic legislation6provisions in place for
e#tradition i5e5 t(e e#tradition act and rules
Initiator1 inistr- tas&ed 0it( initiating process of e#traditions
inistr- of "#ternal Afairs, .oreigners Division in ,A
9omesti legislation for e5tradition may be identi>ed by
MHA7
In India% the extradition of a fugiti(e from India to a foreign countr+%
or (ice!(ersa% is go(erned b+ the pro(isions of the Bxtradition Act%
4"*'
The basis of extradition could be a treat+ between India and a
foreign countr+' <nder section 3 of this Act% a notification could be
issued b+ the :o(ernment of India extending the pro(isions of the
Act to the countr+/countries notified'
Apart from treaties% there can also be extradition arrangements'
&uch arrangements ma+ not be in the form of a formal agreement%
and sometimes could e(en be in the form of letters'
A treat+ that has been signed and ratified b+ the respecti(e state
parties would be enforceable in international law% and an+ breach
would be actionable' Dowe(er% an arrangement is less formal and
ma+ not be enforceable' India?s has arrangements with &ri @anka
and Cepal'
Information regarding the fugiti(e criminals wanted in foreign
countries is recei(ed directl+ from theconcerned countr+ or through
the :eneral &ecretariat of the ICP-!Interpol in the form of red
notices'The Interpol .ing of the Central ,ureau of In(estigation
immediatel+ passes it on to the concerned police organi7ations' The
/ed Corner Cotices recei(ed from the :eneral &ecretariat are
circulated to allthe &tate Police authorities and immigration
authorities'
/egarding what action can be taken b+ the Police on receipt of
information regarding a fugiti(e criminal wanted in a foreign
countr+' In this connection% the following pro(isions of law are
rele(antE
Action can be taken under the Indian Bxtradition Act Article Co'
31>b6 of 4"*'
This Act pro(ides procedure for the arrest and extradition of fugiti(e
criminals under certain conditions% which include receipt of the
re9uest through diplomatic channels and under the warrant issued
b+ a $agistrate ha(ing a competent =urisdiction'
13
-xtradition may be permitted in the domestic legislation and/or may be invoked 4ithin the frame4ork of a
bilateral or multilateral treaty or on a case by case basis on the principle of reciprocity. /n case, extradition is not
permitted in domestic la4 or is not granted, domestic la4 may have provisions for prosecution and punishment
of such offenders.
1.
Action can also be taken under the pro(isions of &ection 14 >46 >g6 of
the Cr'P'C 4)3% which authori7es the police to arrest a fugiti(e
criminal without a warrantF howe(er% the+ must immediatel+ refer
the matter to Interpol .ing for onward transmission to the
:o(ernment of India for taking a decision on extradition or
otherwise'
In case the fugiti(e criminal is an Indian national% action can also be
taken under &ection 4## Cr'P'C%4)3% as if the offence has been
committed at an+ place in India at which he ma+ be found' The trial
of such a fugiti(e criminal can onl+ take place with the pre(ious
sanction of the Central :o(ernment'
Cooperation in /5tradition mentioned in General
Assembly Resol$tion ,'<'.= of Mar# (==-2 reprod$ed
belo60
85 Invites em+er States to give necessar- guidelines and
provide training and ade9uate resources to la0 enforcement
+odies and ot(er relevant aut(orities to com+at tra%c&ing in
persons, to care for t(e rig(ts and needs of t(e victims and to
consider esta+lis(ing coordination and cooperation mec(anisms
at t(e national and international levels on e#tradition, mutual
legal assistance and s(aring police intelligence information, as
appropriate, ta&ing into account t(e information and
communication tools ofered +- InterpolJ
?5; Identifcation of +ilateral e#tradition treaties 0it( ot(er SAA*C
countries +- t(e nodal ministr-6 agenc-5 2$(e treaties outline
procedures and contact points3
inistr- of "#ternal Afairs
Till date: India does not #ave any e5tradition treaty 6it#
any of t#e SAARC Member States7 An /5tradition Treaty
bet6een India and 1epal #as been initialed b$t not yet
signed7 An /5tradition Treaty bet6een India and Sri
?an!a is also being dis$ssed7
?5< Identifcation of ot(er international legal instruments t(at can +e
invo&ed along 0it( principle of reciprocit- to see& e#tradition for
ofences under t(e Convention
A SAARC Convention on M$t$al Assistane in riminal
Matters 6as signed d$ring t#e '+t# SAARC S$mmit %(2)
A$g$st (==.E Colombo&7 T#e Convention #as been
rati>ed by India and Sri ?an!a7
1(
?5? Development of t(e guide+oo&6compendium 0it( information as
identifed under ?5:, ?5; and ?5< and distri+ution among concerned
and relevant ministries6agencies including investigating and
prosecuting agencies
9evelopment of t#e g$ideboo!<ompendi$m 6it#
information as identi>ed $nder *7': *7( and *7) may be
done by t#e Ministry of Home Afairs7 PP 9ivision
?5F Amendment to t(e list of e#tradita+le ofences 0it(in e#isting
e#tradition treaties 0it( ot(er SAA*C countries to include ofences
defned 0it(in t(e purvie0 of t(e Convention 2dra0s on $(ematic
area ;3
Point 1o7 *7' to *7+ 2Director (SAARC !inistr" of #$ternal Affairs
*Amendment to the list of e+traditable offences within e+isting e+tradition
treaties, Till date$ India does not have an) e+tradition treat) with an) of the
SAARC -ember States, .owever a Convention on -utual Assistance in Criminal
-atters was signed b) SAARC countries at the 1/th SAARC Summit *Colombo0 !1
" August !''%, The Convention has been ratified b) India and Sri 2anka,
TH/MATIC AR/A *0 Comments6 Suggestions of em+er States1
B(utan1 '(at a+out t(e resources to initiate and carr-out t(e
a+ove activitiesH
India1 "ac( countr- 0ould provide t(e resources to its
agencies5
)tates should seek to simplify and expedite extradition proceedings,
including by reducing evidentiary and procedural re>uirements
4here possible.
Sri !an&a1 ,o0 far is it practical in implementing a+ove
provisions under e#isting diferent rules and
regulations among mem+ers states
2&
TH/MATIC AR/A +0 Judicial proceedings
:?
6trial 2Article V3
ACTIO12ST/PS0
F5: Process of amendment to t(e procedural la0 to ma&e provision for
in-camera trial for t(e 0omen and c(ild victims of tra%c&ing
ofences as defned in t(e amended6enacted provisions 2dra0s on
$,"A$IC ;3
Initiator1 inistr- tas&ed 0it( initiating amendment process in t(e
criminal la0s 2su+stantive, procedural and evidence3
Amendments carried out in the Code of Criminal Procedure >CrPC6 under the
Code of Criminal Procedure >Amendment6 Act% *55# which has been notified on
34
st
2ecember% *55 are as E
All rape cases shall be tried in the court of a woman =udge as far as
practicable >section *"6'
In camera trial of sexual offence cases shall be conducted as far as
practicable b+ a woman =udge >section 3*)6'
In order to pre(ent trials in rape cases from being undul+ dela+ed%
the in9uir+ or trial in such cases shall% as far as possible% to be
completed within a period of two months from the date of
commencement of the examination of witness >section 356'
In an offence of rape% the recording of the statement of the (ictim
shall be conducted at the residence of the (ictim or in place of her
choice and as far as practicable b+ a woman police officer in the
presence of her parents or guardian or near relati(es or social worker
of the localit+ >section45)6'
F5; .raming and issuance of t(e rules for providing counseling and legal
assistance for suc( victims during trial
Provision already e5ists for free legal aid in all states in
India
TH/MATIC AR/A +0 Comments6 Suggestions of em+er States1
B(utan1 $(ere is urgent need to conduct training programmes
for t(e legal, la0 enforcement and ot(er related
agencies5
India1 Agrees 0it( t(e suggestions of B(utan and Sri !an&a5
14
3udicial procedure is guided by the criminal procedures as laid do4n in the domestic la4s.
21
Sensiti4ation of Iustice administrators for speed-
and efective Iustice deliver- in (uman tra%c&ing
cases5
Strengt(ening Iudicial institutions for a
compre(ensive response to (uman tra%c&ing and
promote cross +order cooperation of t(e Iudiciar-5
Sri !an&a1
a&ing a provision of camera trial for t(e victim
is apprecia+le as 0ell as t(e- are provided
counseling and legal assistance5
.amil- support and social understanding is
essential 0(en 0(o are victimi4ed
TH/MATIC AR/A ,0 Prevention and Interdiction of tra%c&ing in 0omen
and c(ildren for prostitution 2Article VIII, II3
E5: Identifcation of agencies at various levels i5e5 national, state and
district t(at (ave a role in conducting in9uiries, investigations and
prosecution of ofences under t(e Convention in line 0it( t(e
domestic legislation5 $(ese agencies are li&el- to include +order
o%cials, police, prosecutors, Iudicial o%cers, e#ecutive magistrates,
social 0elfare o%cers, in c(arges of s(elter (omes, c(ild 0elfare
committees6+odies, port aut(orities, o%cials of relevant ministries 7
foreign afairs6e#ternal afairs, (ome6internal afairs, 0omen and
c(ildren, revenue etc
Initiator1 =odal ministr-6agenc- in consultation 0it( t(e line
ministr-
:F

t(e inistr- of ,ome Afairs5
8ollo6ing agenies identi>ed0
State Polie and all its related agenies
9epartment of "omen and C#ild 9evelopment at
State level
9epartment of labo$r and /mployment at State
level
9epartment of Healt# at State level
Prose$tion Ageny at State ?evel
B$diiary: espeially at t#e State ?evel
Central 4$rea$ of Investigation
1%
,ine ministry for an agency is the ministry that deals 4ith issues to related to that particular agency. For
example, usually 2inistry of <ome//nterior 2inistry is the line ministry for police.
22
Ministry of "omen and C#ild 9evelopment
Ministry of Home Afairs
Ministry of ?abo$r and /mployment
Ministry of Overseas Indian Afairs
Ministry of ?a6: B$stie and Company Afairs
Ministry of Healt#
Ministry of /5ternal Afairs
Ministry of 8inane %Money ?a$ndering onneted
6it# Traf!ing&
Ministry of Soial B$stie and /mpo6erment
Ministry of R$ral 9evelopment
Immigration 4$rea$
4order Se$rity 8ore: Indo Tibetan 4order Polie:
Coast G$ard: Central Reserve Polie 8ore
Polie Training Aademies: bot# at t#e Central and
State ?evel
1GOs: bot# at t#e Central and State ?evel
C1O9C: C1I8/M
E5; Delineation and documentation of e#act role of eac( agenc- 0it(
respect to conducting in9uiries, investigations and prosecution of
ofences under t(e Convention in line 0it( t(e domestic legislation5
Initiator1 =odal ministr-6agenc- in consultation 0it( t(e line
ministr-
t(e inistr- of ,ome Afairs
Roles and responsibilities are already de>ned 7 T#ese
#ave been do$mented in &tandard -perating Procedures >&-P6
on In(estigating Crimes of Trafficking for Commercial &exual Bxploitation
prod$ed as part of C1O9C FMHA Pro;et on apaity
b$ilding of ?a6 /nforement Agenies7
Available at
#ttp0<<6667$nod7org<so$t#asia<en<topis<frontpage<(==
A<preventin2of2#$man2traf!ing7#tml
E5< Development of training course curriculum and s(ort and user-
friendl- training manuals for eac( agenc- including module on
introduction to specifc issues a+out (uman tra%c&ing, identifed
forms, underl-ing factors t(at encourage tra%c&ing, roles of various
agencies, la0s, procedures etc5 $(ese manuals s(ould +e s(ort and
crisp so t(at t(e- can also +e used as read- reference +- t(e
practitioners6dut- +earers5
Initiator1 !ine ministr- in consultation 0it( =odal
ministr-6agenc- inistr- of ,ome Afairs for police personnel
and
inistr- of 'omen and C(ild Development for ot(ers
23
Preventing and com+ating of (uman tra%c&ing re9uires all
sta&e(olders to integrate t(eir responses on prosecution,
prevention and protection5 @eeping t(is p(ilosop(- in mind,
K=ODC *egional O%ce for Sout( Asia toget(er 0it( t(e inistr-
of ,ome Afairs, >OI and 0it( support from t(e KS >overnment
2KS N;5F/ million3 (as underta&en a proIect in India titled
OStrengt(ening t(e la0 enforcement response in India against
tra%c&ing in persons, t(roug( training and capacit- +uilding of
la0 enforcement o%cialsP5 $(e maIor activities (ave included
training of police o%cials and prosecutors, setting up Anti
,uman $ra%c&ing Knits, esta+lis(ing net0or&s among la0
enforcement agencies and civil societ- partners as 0ell as
developing appropriate resource tools and training aids5 In t(e
fve proIect sites of And(ra Prades(, Bi(ar, a(aras(tra, >oa,
and 'est Bengal, government o%cials registered AE? se#
tra%c&ing cases, conducted <8A rescue operations, (elped
rescue :,EF< victims, arrested :,A8C tra%c&ers 2including /FE
customers3, convicted <C se# tra%c&ers, (elped re(a+ilitate /8E
se# tra%c&ing victims, and trained :<,E8C police o%cers and
prosecutors5
The pro=ect has produced the following 9ualit+ tools which are of use for the
end usersE
Protool on Inter State *escue Q Post *escue Activities
*elating to Persons $ra%c&ed for Commercial Se#ual
"#ploitation7 +- K=ODC
Compendi$m on Best Practices on Anti ,uman
$ra%c&ing 2A,$3 +- !a0 "nforcement O%cers 7 +-
Institute of Social Sciences, =e0 Del(i
Posters on A,$ , as tools for sustained a0areness
generation and empo0erment of all sta&e (olders- +-
PraI0ala 2 An =>O +ased in ,-dera+ad3
SOP on Investigating Crimes of $ra%c&ing for
Commercial Se#ual "#ploitation 7 +- K=ODC
Synergy in Ation 2 Protool on t(e Structure and
.unction of Integrated Anti ,uman $ra%c&ing Knit
2IA,$K3 7 +- K=ODC
?egal 8rame6or! 7 A Compre#ensive 9o$ment
+- =ational !a0 Sc(ool, Bangalore 2tec(nical legal
document3
Bo$rney to B$stie - Man$al on Ps-c(osocial
Intervention 2Police Q Prosecutors3 7 +- SAA*$,A@ 2An
=>O +ased in Del(i3
Training Man$al %Polie& 7 +- Centre for Social
*esearc( 2An =>O +ased in =e0 Del(i3
Training Man$al %Prose$tors& 7 +- Apne Aap
'omen 'orld0ide 2An =>O +ased in @ol&ata3
24
SOP on Investigating Crimes of $ra%c&ing for
.orced !a+our 7 +- Bac(pan Bac(ao Andolan 2An =>O
+ased in Del(i3
Compendi$m on Best Practices on Anti ,uman
$ra%c&ing +- =>Os 7 +- ,AR1 Centre for C(ild *ig(ts
2An =>O +ased in Del(i3
Protool on Gitim Care and Assistane 7 +-
International ovement Against all forms of Discrimination
and *acism 2IAD*3 2An =>O +ased in Sri !an&a3
SOP on Prose$tion 7 +- Oasis India 2An =>O +ased in
um+ai3
SOP for Prevention of $ra%c&ing 7 +- S$OP 2An =>O
+ased in Del(i3
Smart Card on Anti H$man Traf!ing 2 a poc&et si4e
leaSet clarif-ing t(e concepts on tra%c&ing, so as to act
as a read- rec&oner5
/val$ation of Training of Polie in "est 4engal
/val$ation of Training of Prose$tors in And#ra
Prades#
So far: )A, training programmes #ave been
ond$ted and more t#an '):,-= persons %Polie
and prose$tors& #ave been trained in the following
categoriesE
Polie ofers and prose$tors
Training of ofials of Central 4$rea$ of
Investigation %C4I&
Ot#er 1ational Training Programmes for Polie
Ofials
Training of /5e$tive Magistrates
Training of B$dges and Prose$tor
E5? Designing of criteria for selection, and selection of, national level
trainers to train t(e dut- +earers5
and inistr- of 'omen and C(ild Development for ot(ers
Training of TrainersE The purpose of the T-T was to de(elop
master trainers and also identif+ appropriate resource persons
for each sub=ect' B(en these resource persons were also imparted
training' Cew T-T scheme of amounting /& 1'"1 crore has been
sanctioned b+ D$ on 44/5/*545' &ix /egional le(el T-T
workshops ha(e been held in(ol(ing all &tates/<Ts' $ost of the
&tates/<Ts ha(e completed their &tate/<T le(el T-Ts' 2istrict
le(el T-Ts are being conducted'
Appropriate resource persons constitute a ma=or aspect of
effecti(e training' Bfforts were made to identif+ master trainers
in the states for each of the topics to be co(ered' <C-2C carried
2%
out the training/ orientation of these master trainers b+ including
selected expert resource persons' .e ha(e a list of $aster
Trainers which is being used in pro(iding training as per &ession
Plan de(ised for the purpose'
E5F Identifcation of national resources 2o%cials, academic, =>Os3 to
train t(e trainers
Already done $nder t#e C1O9C pro;et in last
t6o years7 .e ha(e a list of $aster Trainers which is being
used in pro(iding training as per &ession Plan de(ised for the
purpose' T#e list of reso$re persons an be
s#ared7
T#e reso$re persons inl$de polie
professionals: 1GOs: forensi dotors:
prose$tors: la6yers: retired ;$diial ofers:
legal aademiians: et7 T#e servies of t#ese
trained personnel 6ere $tiliDed for arrying o$t
f$t$re training programmes5

E5E $raining of trainers
Trainings for master trainers on topis li!e
larifying onepts: investigation te#niH$es:
intervie6 te#niH$es: la6s on #$man traf!ing
et7 6as ta!en $p $nder t#e C1O9C pro;et and
no6 $nder t#e Compre#ensive S#eme of TOTs of
Ministry of Home Afairs7
ond$ted and more t#an '):,-= persons T#e
efort 6as to develop potential in t#e loal
reso$re persons and t#is #as been a#ieved by
developing a good reserve of trainers 6#i#
inl$de polie ofers: 1GOs: o$nselors:
la6yers: prose$tors: tea#ers: et7
E58 Sensiti4ation and training of dut- +earers
Initiator1 !ine ministr-
inistr- of ,ome Afairs for police personnel and inistr- of
'omen and C(ild Development for ot(ers
ond$ted and more t#an '):,-= la6 enforement
ofers #ave reeived training7 Cnder MHAIs
2'
S#eme: &ix /egional le(el T-T workshops ha(e been held in(ol(ing all
&tates/<Ts' $ost of the &tates/<Ts ha(e completed their &tate/<T le(el
T-Ts' 2istrict le(el T-Ts are being conducted' The &cheme intends to train
45%555 Police Personnel'
E5/ Introduction of t(e training course curriculum in t(e respective
academies6training institutions
Initiator1 !ine ministr-
inistr- of ,ome Afairs for police personnel and
The curriculum was separatel+ drawn up for In(estigating Police
-fficers% &upporting Police -fficers and for Prosecutors' The
curriculum was d+namic and was amended depending on the
feedback from the trainers' &pecial curriculum was drawn for
speciali7ed agencies like C,I% CI2% etc'
At the behest of $DA% the ,ureau of Police /esearch and
2e(elopment >,P/026 has prepared a training manual on
GDuman Trafficking!Dandbook for In(estigatorsH for sensiti7ing
police personnel and these handbooks are being used in the
Cational% /egional and state police training institutes' ,P/02
ha(e also prepared a s+llabus on the sub=ect and circulated to the
&tates' These handbooks ha(e been translated in regional
languages' ,P/02 is also organi7ing regional workshops for
sensiti7ing police personnel >&D-s/2+'&P/ACP6 as regards the
criminal acti(it+ of trafficking' The+ ha(e conducted 35 such
workshops cum seminars in (arious cities till date' All these
resource tools for In(estigation -fficers are on ,P/02 website'
,P/ 0 2 has circulated the training calendar for *545!*54'
Cational Police Academ+ and 8udicial Academies are also
pro(iding training in respect of human trafficking'
A certificate course has been launched b+ Indira :andhi
Cational -pen <ni(ersit+ >I:C-<6 in partnership with
$inistr+ of Dome Affairs' 5he said course has been made
mandatory for the fficers/fficials 4ho are dealing 4ith the
sub=ect of human trafficking. /n this regard an ad(isor+ dated
4*
th
8anuar+% *544 has been issued.
21
C1O9C toget#er 6it# t#e Ministry of Home Afairs:
Government of India and t#e 4$rea$ of Polie
Resear# and 9evelopment: 1e6 9el#i ond$ted
for t#e >rst time a regional t#ree day training of
trainerIs %TOT& o$rse on anti #$man traf!ing for
la6 enforement ofials from t#e SAARC region
from (-2(A May at 1e6 9el#i: India7 A total of )*
la6 enforement ofials from 4anglades#:
Maldives: 4#$tan: 1epal: Sri ?an!a: Afg#anistan:
Pa!istan and India attended t#is speialiDed TOT
programme7
Met#odology is an important aspet in training7 A
6or!s#op 6as arried o$t in C1O9C ofe by
inviting #eads of training instit$tions of t#e pro;et
states to identify appropriate training met#odology
and training tools7 T#is 6as also !ept dynami to
inorporate t#e best met#ods preferred by t#e
trainees7 A ombination of t#e traditional met#ods
along 6it# ne6 met#ods inl$ding role plays: et7
6as preferred7
,7) to ,7.222Training and Capaity 4$ilding
A n$mber of Man$als<Handboo!s and Protools
#ave been developed for soial 6or!ers: medial
ofers: o$nselors: ;$diial ofers and polie7 In
addition: vitim friendly protools for inter2state
res$e and pre2res$e and post res$e #ave been
developed7
1ational Instit$te for P$bli Cooperation and C#ild
9evelopment %1IPCC9& #as been designated as a
1odal Training Ageny for Training and apaity
b$ilding programme for all ategories of
sta!e#older7 T#ey are also nodal for training of
SAARC member o$ntries7
Reso$re persons in training and apaity b$ilding
programmes inl$de e5perts from government:
resear# instit$tes: 1GOs et7
So far t#ree SAARC training programme ond$ted
by 1IPCC97
More pro2ative representation is needed from
SAARC Co$ntries for training and e5pos$re visits to
India7 Similarly e5pos$re visits to ot#er SAARC
o$ntries is desirable7
SAARC delegation s#o$ld also visit regions 6#i#
#ave good praties s$# as So$t# /ast Asia7
So far SAARC training #as been limited to
2.
Government and 1GO f$ntionaries7 Training of
Trainers %TOT& programmes is eH$ally important7 A
database on SAARC Regional Reso$re persons and
instit$tions need to be identi>ed for TOT
Programmes7
A ommon training mod$le for SAARC an be
developed 6#i# an be $sed by training Instit$tes
in all SAARC Co$ntries7
E5A Identifcation of minimum resources and assistance re9uired +- t(e
agencies to do t(e Io+ efectivel- and mo+ili4ation of resources,
including ma&ing provisions in t(e regular +udget
Initiator1 !ine ministr- in consultation 0it( some trained dut-
+earers inistr- of ,ome Afairs for police personnel and
Reso$res to t#e t$ne of J (7+. Million 6ere provided
$nder t#e C1O9C pro;et7
A s#eme for t#e e5pansion of t#e pro;et in all
states of India overing more t#an )== distrit #as
been santioned by HM
+=K distrits in India n$mbering )== to be overed
Total O$tlay proposed Rs7,*' Million
)== Anti2H$man Traf!ing Cnits %AHTCs& 6o$ld be
set $p
'==== polie personnel 6o$ld be SensitiDed

E5:CSetting up of L*egional $as& .orceM to facilitate implementation of
t(e Convention and to underta&e periodic revie0
Alread- set up5 *evie0 ongoing5
T#ree meetings #ave been already #eld: last at S#imla
on (-
t#
2(A
t#
May: (==A
E5::Consideration of setting up of +ilateral tas& force, +ased on mutual
agreement 0it( ot(er SAA*C mem+ers, to 0or& out cooperation in
various areas under t(e Convention using t(e SOP as a +asis on
various t(ematic areas5
2(
Initiator1 =ational >overnment
T#is is o$tside t#e ambit of SAARC C#arter7 SAARC deals
6it# regional iss$es7
Dowe(er% Indo!,angladesh collaboration alread+ in progress'
.ill also address problems faced b+ (ictims during repatriation'
Assessment stud+ conducted with help of <CICB3
Two /ounds of Indo!,angladesh $eetings held'
A draft /oadmap and 8oint Plan of Action de(eloped'
2ocuments to be finali7ed in next meeting5
E5:;Creation of a national data +ase on tra%c&ing crimes 0it( details
a+out agencies, institutions and individuals involved in tra%c&ing in
t(e SAA*C region, modus operandi in use, routes in use t(roug(
land, 0ater and air, particulars a+out ofenders, t(eir identifcation
suc( as fngerprints and p(otograp(s, .I* num+ers, CS num+ers and
information a+out conviction, if an-
Initiator1 inistr- of ,ome6Interior inistr-
2atabase alread+ exists in CC/,' A reporting format of trafficking
has also been finali7ed and being sent to the CC/,% ,P/02 and
$DA b+ $.C' A cop+ can be shared for reference'
A Crime and Criminal Tracking Cetworking and &+stems >CCTC&6
&cheme has also been concei(ed and incorporated in the Ble(enth
3i(e Iear Plan with an outla+ of /s' *5 ,illion' CCTC& aims at
creating a comprehensi(e and integrated s+stem for enhancing the
efficienc+ and effecti(eness of policing at the Police &tation le(el
through adoption of principles of e!:o(ernance% and creation of a
nationwide networked infrastructure for e(olution of IT!enabled
state!of!the!art tracking s+stem around Gin(estigation of crime and
detection of criminalsH in the real time% which is a critical
re9uirement in the context of the present da+ trafficking crimes
scenario'
Similar mention in General Assembly Resol$tion ,'<'.=
of Mar# (==-2 reprod$ed belo60
/5 $lso invites em+er States to improve and promote t(e
collection, compilation and dissemination of statistics and
indicators on tra%c&ing in persons, including +- strengt(ening
+ilateral, regional and international cooperation and
coordinationJ
E5:<Ruarterl- e#c(ange of data+ase 0it( ot(er SAA*C countries directl-5
Initiator1 inistr- of "#ternal6.oreign afairs
inistr- of "#ternal6.oreign afairs
%L$arterly e5#ange of database&0 MHA is t#e nodal foal
point for t#e Convention on Combating Traf!ing7
3&
Hene: e5#ange of database an only be done provided
inp$ts are reeived from MHA7
inistr- of ,ome Afairs t(roug( inistr- of "#ternal Afairs
T#e proess 6o$ld need to be p$t in plae t#ro$g#
m$t$al dis$ssions and ons$ltations of members7
E5:?Identifcation of t(e profle of t(e communities6groups vulnera+le to
internal and cross +order tra%c&ing under t(e guise of recruitment,
t(e geograp(ical poc&ets from 0(ere victims are mostl- targeted,
modus operandi in use +- tra%c&ers to do so, and destinations in
India6countries of t(e region to 0(ic( internal6cross-+order
tra%c&ing is ta&ing place under t(e guise of recruitment5
Initiator1 =odal ministr-6'CD, in consultation 0it( inistr- of
,ome6Interior ministr- and inistr- tas&ed 0it( regulating and
monitoring oversees emplo-ment
inistr- of Overseas Indian Afairs
E5:F "#amination of policies and procedures in place for t(e citi4ens
see&ing oversees emplo-ment 0it( focus on vulnera+le
communities6groups as identifed in E5:? 0it( regard to potential
tra%c&ing under t(e guise of recruitment5 Amendment of policies
and procedures to address gaps e#ploited +- tra%c&ers under t(e
guise of recruitment5 $(is 0ould include close of e#amination of t(e
process of accreditation6registration of foreign placement agencies,
if an-5
Initiator1 inistr- tas&ed 0it( regulating and monitoring
oversees emplo-ment in consultation 0it( =odal
ministr-6agenc-
E5:E*evising procedures for accreditation6registration of foreign
placement agencies, posting detailed information a+out t(em and
t(e procedures and safeguards on t(e 0e+site and populari4ing t(e
0e+site t(roug( pu+lic information campaigns
Initiator1 inistr- tas&ed 0it( regulating and monitoring
oversees emplo-ment
E5:8"#amination of policies and procedures for accreditation6registration
of placement agencies ofering services for emplo-ment 0it(in t(e
mem+er state, 0it( focus on t(e ones operating in source and
destination areas as identifed in E5:?5 *evision of policies and
procedures to cur+ misuse +- tra%c&ers to tra%c victims 0it(in t(e
mem+er state under t(e guise of recruitment
Initiator1 inistr- of ,ome6Interior ministr- in consultation 0it(
=odal ministr-6agenc-
inistr- of Overseas Indian Afairs Q ot(er concerned inistries
31
E5:/=otifcation of revised policies and procedures, distri+ution of
notifcation among concerned la0 enforcement agencies and pu+lic
a0areness campaign on notifcation
Initiator1 inistr- of ,ome6Interior ministr- in consultation 0it(
=odal ministr-6agenc-
E5:A.ormulation on suita+le preventive and development strategies to
prevent tra%c&ing of 0omen and c(ildren for prostitution from
sources areas as identifed in E5:?5 $(is could include proactive
involvement of local +odies and communities, pu+lic information
campaign, sensiti4ation of media, aggressive implementation of
social 0elfare sc(emes for destitute 0omen and c(ildren, (elpline
services etc
Initiator1 =ational and Provincial >overnments
inistr- of 'omen and C(ild Development, inistr- of ,uman
*esource Development, inisr- of Panc(a-ati *aI, inistr- of
!a+our
Similar mention in General Assembly Resol$tion ,'<'.= of
Mar# (==-2 reprod$ed belo60
E5 $lso recogni'es t(e need to address t(e factors t(at ma&e
persons, especiall- 0omen and c(ildren, vulnera+le to tra%c&ing,
including povert-, underdevelopment and lac& of e9ual
opportunities, lac& of e9ual access to education and lac& of e9ual
access to t(e la+our mar&et, and encourages em+er States to
adopt measures, including t(roug( +ilateral or multilateral
cooperation, to counter t(ose factorsJ
India is on an(il of adopting an Integrated Cational Plan -f action to
Pre(ent and Combat Trafficking in Duman ,eings especiall+ .omen
And Children > an update the existing 4# Plan of Action to combat
trafficking 6 which had been drafted after wide ranging consultations
with multi!stakeholders The action plan incorporates all forms of
trafficking such as sexual exploitation% child labour% bonded labour%
organ trade etc '
To tackle the root causes of the problem% number of socio!economic
inter(entions b+ the the :o(ernment -f India to pre(ent circumstances
and forms of exploitation of persons% especiall+ women and children% that
leads to trafficking'H Are Bconomic Bmpowerment Programme% like
Cational /ural Bmpol+ment &cheme%&ampuran :ramin /o=gar Io=ana
and others are being implemented in rural areas to reduce (ulnerabilities
of women and children to trafficking'
:o(ernment of India has passed AThe /ight of Children to 3ree and
Compulsor+ Bducation Act% *55%? which en(isages free and compulsor+
32
education to children in the "!41 age group'
$inistr+ of @abour in the current Ble(enth 3i(e Iear Plan has focused
on de(eloping a large pool of skilled workforce through % a ma=or
initiati(e called J&kill 2e(elopment $issionJ'
E5;CPu+lic information and media campaign 2+ot( electronic and print3
focussed on factors fuelling tra%c&ing of vulnera+le
communities6groups suc( as c(ild marriage, traditional6religious
practices etc and underl-ing mindsets6societal attitudes
M"C9 #as la$n#ed MC;;a6alaN: 6#i# #as a spei>
omponent on Prevention7 T#is inl$des
initiatives li!e0
? 8ormation and f$ntioning of Comm$nity
Gigilane Gro$ps and adolesent girl<#ildren
gro$ps7
? SensitiDation "or!s#ops<Seminars: A6areness
generation and I/C material 7
In addition: State Governments and 1GOs ond$t a
n$mber of prevention programmes7
? A MT#in!2Tan!N on P$bli Private Partners#ip #as
been set2$p7 T#e ob;etive is to provide eonomi
s$stenane to v$lnerable gro$ps in traf!ing
prone areas7 Corporate setor involved in
providing s!ill training and inome generation
ativities7
? M"C9 #as set2$p a Central Advisory Committee
6it# line Ministries<9epartments: la6
enforement agenies: C1 Agenies and 1GOs as
Members7 Meets reg$larly to dra62$p strategies
to prevent and ombat traf!ing7
Similar mention in /COSOC Resol$tion (==,<(- of (-
t#
B$ly:(==-2 reprod$ed belo60
::5 $lso enco!rages em+er States to adopt legislative or ot(er
measures to reduce t(e demand t(at fosters all forms of tra%c&ing
in persons, including +- cooperating 0it( non -governmental
organi4ations and civil societ- and +- raising pu+lic a0areness of
(o0 all forms of e#ploitation degrade t(eir victims and t(e related
ris&s of tra%c&ing in persons, especiall- 0omen and c(ildrenJ
:;5 (!rther enco!rages em+er States to ta&e measures, including
raising pu+lic a0areness, to discourage and reduce, especiall-
33
among men, t(e demand t(at fosters se#ual e#ploitation as 0ell as
ot(er forms of (uman tra%c&ing, in accordance 0it( article A,
paragrap( F, of t(e Protocol to Prevent, Suppress and Punis(
$ra%c&ing in Persons, "speciall- 'omen and C(ildren, 0(ere
applica+leJ
TH/MATIC AR/A ,0 Comments6 Suggestions of em+er States1
B(utan1 ,armoni4e 0it( ot(er t(ematic areas and consider t(e
possi+ilit- of simplif-ing t(e t(ematic area5
India1
Agrees 0it( t(e suggestion of Sri !an&a and (as +een
added in para E5;C5
aldives1
=o comments to ofer
=epal1
=o comments received
Pa&istan1 Action steps E5< to E5A, E5:?, E5:F, E5:A and E5;C of
$(ematic Are E are related to prevention of tra%c&ing
in c(ildren5 $(ese action steps are focused to0ards
training of various agencies and departments a+out
t(e issue and +uilding t(eir capacit- to com+at t(e
prevailing situation and prevention in future5
=ational Commission for C(ild 'elfare and
Development 2=CC'D3 on +e(alf of inistr- of
Social 'elfare and Special "ducation agree on
t(ese action steps and 0ill colla+orate 0it( civil
societ- organisations to organise suc( trainings
at national as 0ell as local level5 Suc( training
0ill (e (elp in sensiti4ation and capacit-
+uilding of dut- +earers5
Preventive and developmental strategies for
tra%c&ing in c(ildren 0ill +e focused 0(ile
ma&ing policies and strategies for vulnera+le
c(ildren5 ean0(ile, pu+lic
information6a0areness campaigns 0ill +e
launc(ed on t(e said issue5
Sri !an&a1 $(e role of media in raising of pro+lem of tra%c&ing in
0omen Q c(ildren and underline causes of t(e
proIection of t(e negative image of 0omen s(ould
(ave +een emp(asi4ed5
TH/MATIC AR/A -1 Care, treatment, re(a+ilitation and repatriation of
victims 2Article I), II3
34
Care, treatment and re(a+ilitation
85: "#amination of measures for care and maintenance in place for t(e
victims of internal tra%c&ing and victims of cross +order tra%c&ing
a0aiting repatriation and identifcation of LgapsM in consultation 0it(
t(e primar- sta&e(olders, dut- +earers and =>Os 0it( focus on
issues related to s(elter, +asic maintenance, legal advice, medical
e#amination, counseling, care and maintenance for dependents i5e5
c(ildren
Integrated C#ild Protetion S#eme #as already been
rolled by M"C9
CBBA"A?A S#eme for 6omen
85; .raming and notifcation of suita+le policies and procedures to
address gaps as identifed in 85: 0it( focus on delineating roles of
dut- +earers in providing re9uired services for t(e care and
maintenance of t(e victims of internal and cross +order tra%c&ing,
including mandator- provision for legal advice, (ealt( care facilities,
counseling and relevant Io+ training to ensure proper re(a+ilitation5
Similar mention in General Assembly Resol$tion ,'<'.= of
Mar# (==-2 reprod$ed belo60
A5 (!rther invites em+er States to ta&e all appropriate measures
to promote t(e p(-sical, cognitive and ps-c(ological recover-,
re(a+ilitation and social integration of (uman +eings 0(o (ave
+ecome victims of e#ploitation, violence and a+use as a result of
tra%c&ing in persons and ot(er contemporar- forms of slaver-J
85< apping of e#isting facilities 2protective (omes or s(elters3
availa+le for re(a+ilitation of victims of tra%c&ing to assess t(eir
capacit-, geograp(ical locations 2close to source and destination
areas3, and facilities and resources necessar- for proper care and
maintenance of t(e victims
85? Based on mapping in 85<, mo+ili4ation of resources 2including
+udgetar- and non-+udgetar- allocations3 to strengt(en e#isting
(omes6s(elter and6or esta+lis( more (omes6s(elters to provide
ade9uate care and maintenance to t(e victims of tra%c&ing
3%
85F apping of e#isting =>O run facilities 2protective (omes or s(elters3
availa+le for re(a+ilitation of 0omen and c(ildren to assess t(eir
capacit-, geograp(ical locations 2close to source and destination
areas3, and facilities and resources necessar- for proper care and
maintenance of t(e victims of tra%c&ing
inistr- of 'omen Q C(ild Development
85E Based on t(e mapping in 85F, accreditation6recognition of suita+le
=>Os run (omes6s(elter for re(a+ilitation of victims of tra%c&ing
inistr- of 'omen Q C(ild Development
858 .raming and notifcation of Linimum Standards of Care and
aintenance for Victims of tra%c&ingM for >overnment run and =>O
run (omes6s(elters
-7' to -7- 222Care: treatment and re#abilitation
MC;;a6alaN: a ompre#ensive s#eme for prevention:
res$e: re#abilitation: reintegration and repatriation
of traf!ed vitims 6as la$n#ed in 9eember: (==-
and is implemented t#ro$g# 1GOs7 Some of t#e
elements inl$de setting $p of s#elter #omes: legal:
#ealt#: ed$ation: o$nseling: liveli#ood options et7
Cnder t#e aegis of t#e Central Advisory Committee:
4l$e Print for Ation in t#e area of Inter2State Res$e:
Prevention: Re#abilitation: Healt#: ?egislation and
Management Information System #ave been
developed7 T#is 6o$ld be disseminated 6idely7
1o distintion is made on basis of nationality 6#ile
providing are: treatment and re#abilitation servies7
Repatriation
85/ "#amination of domestic legislation and administrative
arrangements in place to facilitate t(e repatriation of a foreign
national +ac& to (is6(er countr- of origin 20it( focus on SAA*C
mem+er states3
Initiator1 inistr- tas&ed 0it( process of repatriation of
foreigners
,ilateral arrangements with ,angladesh

85A Identifcation of t(e +ottlenec&s6gaps in facilitating smoot(
repatriation of a victim of cross +order crimes of tra%c&ing as
defned +- ofences under t(e convention5 $(is s(ould include close
3'
scrutin- of t(e adverse impact of f#ing criminal lia+ilit- on a victim
due to (is6(er illegal status in t(e countr- on account of violation of
immigration la0s, if an-5
Initiator1 inistr- tas&ed 0it( enforcement of immigration la0s
in consultation 0it( inistr- tas&ed 0it( process of repatriation
of foreigners and =odal ministr-6agenc-
inistr- of ,ome Afairs, .oreigners Division , PP division , "A,
OIA
85:C.raming and notifcation of necessar- administrative orders to
facilitate smoot( repatriation of victims of cross-+order tra%c&ing
0it( illegal status 0it(out f#ing criminal lia+ilit-5 $(is could +e done
0it(in t(e scope of discretionar- provisions of t(e immigration la0s
frame0or&, if possi+le5
Initiator1 inistr- tas&ed 0it( enforcement of immigration la0s in
consultation 0it( inistr- tas&ed 0it( process of repatriation of
foreigners and =odal ministr-6agenc-
inistr- of ,ome Afairs 2.oreignersM Division3
85::Development of a concise manual 0it( delineation of roles of
respective agencies c(arged 0it( repatriation of victims of cross
+order tra%c&ing into ot(er SAA*C countries along 0it( relevant
procedures5
Initiator1 inistr- tas&ed 0it( process of repatriation of foreigners in
consultation 0it( inistr- tas&ed 0it( enforcement of immigration
la0s and =odal ministr-6agenc-
85:;"#c(ange of information 0it( ot(er SAA*C mem+er states
Initiator1 inistr- of "#ternal6.oreign Afairs
M/A an do t#is based on information provided by Ministry
of "omen and C#ild 9evelopment: MHA
inistr- of 'omen and C(ild development
-7A to -7'(222Repatriation
C;;a6ala ontains a separate omponent on
repatriation and provides for setting2$p of transit
enters: travel of t#e ross2border vitim and an
esort and ost of do$mentation7
Indo24anglades# Initiative
In order to Streamlining Proed$res and Proesses for safe
and H$i! repatriation of ross border vitims: a draft
vitim friendly roadmap and ;oint plan of ation #as been
developed bet6een India and 4anglades#7 8ailitated by
C1IC/87
"it#in India: t#e initiative is ;oint eforts of M"C9: MHA:
M/A and States of "est 4engal and Ma#aras#tra and 1GOs7
T#e Roadmap and Boint Plan of Ation 6o$ld be >naliDed in
t#e ne5t Meeting bet6een India and 4anglades#7
31
Similar bilateral roadmap and Boint Plan of Ation 6it#
ot#er o$ntries li!e 1epal7
S#aring t#e same as M4est PratieN7
TH/MATIC AR/A -0 Comments6 Suggestions of em+er States1
Afg(anista
n1
Banglades
(1
B(utan1 =o comments to ofer
India1
Agrees 0it( t(e suggestion of Pa&istan and B(utan t(at
t(e action steps6 simple mec(anism need to +e devised
for t(e monitoring of families of t(e tra%c&ed c(ildren for
t(e prevention of +eing tra%c&ed again and re(a+ilitation
of suc( c(ildren5
aldives1
=o comments to ofer
=epal1
Pa&istan1 Action steps 85:, 85< to 858 and 85A of $(ematic Area 8
are related to care, treatment, re(a+ilitation and
repatriation of victims5
=CC'D concur 0it( t(ese action steps and
measures suggested for care and maintenance in
place for t(e victims of internal tra%c&ing and
victims of cross +order tra%c&ing5
Various centres t(roug(out t(e countr- (ave +een
providing services to t(e victims of violence against
c(ildren including some of t(em providing services
to t(e victims of tra%c&ing5
Action steps (ave to +e devised for t(e monitoring
of families of t(e tra%c&ed c(ildren for t(e
prevention of +eing tra%c&ed again5
Sri !an&a1
*e(a+ilitation of victim is signifcant, continuous
follo0 up ma- +e essential after re(a+ilitation
$(erefore it is needed to formulate simple follo0 up
mec(anism5
TH/MATIC AR/A .1 ,ig(er easures 2Article )I, II3
Some (ig(er measures are +eing suggested 0it( t(e purpose to
strengt(en response of t(e mem+er states to prevent and com+at
tra%c&ing of 0omen and c(ildren for prostitution5 $(ese measures are
not6not ade9uatel- covered under an- of t(e articles under t(e
Convention5
3.
$(e tas& of implementing t(ese steps can +e assigned to t(e
concerned6relevant Initiator as suggested t(roug( $(ematic Areas :-8,
depending upon t(e decision of t(e >overnment a+out it5 Implementation
of a fe0 steps ma- (ave to +e assigned to one or more Initiators5
/5: Capturing, documenting and s(aring gender responsive and rig(t
+ased LBest PracticesM on preventing and com+ating tra%c&ing of
0omen and c(ildren for prostitution across various levels- local,
district, national and SAA*C region
inistr- of ,ome Afairs for la0 enforcement personnel and
.7'222Gender responsive and rig#ts based approa#
Soio2eonomi empo6erment is t#e $ltimate tool to
prevent traf!ing of 6omen and #ildren for ommerial
se5$al e5ploitation7
Gender 4$dgeting0 A proess t#at entails
mainstreaming gender onerns aross all setors to
a#ieve gender responsive b$dget7 8ifty si5 Ministries
Central #ave formed Gender 4$dget Cell7
Spei> programmes for poverty alleviationOSGSP:
1R/GA: IAP et7
Aro$nd += la!# SHGs #ave been mobiliDed and
provided lin!ages to miro2redit7
Spei> legislation<programmes to address violene
and ab$seOHIG<AI9S: domesti violene: se5$al
#arassment: rape et7
M$lti2setoral Gender Convergene Ation Plan being
form$lated7
/5; Building on SAA*C Convention 0it( t(e provisions of t(e K=
$ra%c&ing Protocol t(roug( e#panding list of ofences related to
(uman tra%c&ing, especiall- for prostitution of ot(ers and ot(er
form of se#ual e#ploitation 2suc( as pornograp(-, paedop(ilia etc3
inistr- of ,ome Afairs in consultation 0it( inistr- of 'omen and
C(ild Development and
4$ilding on t#e SAARC Convention t#ro$g# e5panding list of
ofenes0 T#is an only be done after SOP is implemented
amongst SAARC Member States7
/5< a&ing repatriation Lvoluntar-M in line 0it( international standards
and principles on (uman rig(ts
Ma!ing repatriation vol$ntary in line 6it# international
standards0 T#is an only be done after SOP is >naliDed
amongst SAARC Member States7
3(
inistr- of ,ome Afairs2.oreignersM Division3
/5? Pro+ing issue related to ,IV vulnera+ilities of tra%c&ed victims to
include re9uired response in t(e strategies and programs for
preventing and com+ating tra%c&ing

inistr- of ,ealt( and .amil- 'elfare
/5F Amending immigration la0s to recogni4e victim of cross- +order
tra%c&ing as victim of cross-+order crime, as against an ofender for
violation of immigration la0s
inistr- of ,ome Afairs 2.oreignersM Division35 "forts are made after
due investigation in eac( case5

/5E Drafting, signing and ratif-ing +ilateral and6or SAA*C Convention on
utual !egal Assistance
/fort is $nder 6ay7
/58 "#c(anging compendiums and ot(er material developed t(roug(
$(ematic areas :-8 0it( ot(er SAA*C mem+ers
/5#ange ompendi$ms and ot#er material developed
t#ro$g# t#emati areas '2- 6it# SAARC Member States0 M/A
an failitate based on information provided by MHA:
M"C9 and ot#er onerned Ministries7
Already s#ared 6it# SAARC members in t#e (
nd
RT8 meeting
on ')7+7(==.7
/5/ Posting all possi+le information related to measures in place in
pu+lic domain, especiall- t(roug( a dedicated 0e+site
Posting all possible information related to meas$res in
plae in p$bli domain t#ro$g# a 6ebsite0 T#is may be
$nderta!en by MHA<M"C97 Some information already
posted on t#e C1O9C 6eb site7
/5A See&ing and +uilding convergence 0it( sc(emes and programs of
various ministries and departments of t(e >overnment for t(e
+eneft of t(e victims and t(eir families as 0ell as for identifed
vulnera+le communities6groups
Already $nderta!en by M"C9
Integrated C#ild Protetion S#eme
Convergene of S#eme Related to "omen
4&
/5:CDeveloping or amending e#isting Victim 'itness Protocol to cover
victims of tra%c&ing
inistr- of ,ome Afairs 2Judicial Division3
Setting minimum accepted rig(ts of tra%c&ed persons in line 0it(
international standards
"itness Protetion Meas$res0 As a part of t(e training process,
t(e need and met(od of 0itness protection 0as emp(asi4ed and t(e
strategies for t(is 0ere discussed5 Accordingl-, t(e trained police
o%cials and =>Os (ave started using several 0itness protection
measures including counseling of 0itnesses +efore t(e- are
produced in t(e court5 A classic e#ample is seen in t(e case of
And(ra Prades( 0(ere t(e 0itness 2victim3 0as reluctant to even
attend t(e court, +ut after continuous counseling +- an =>O along
0it( a trained lad- police o%cial, t(e 0itness deposed in t(e court
and t(is led to t(e conviction of t(e tra%c&er5
Gitim Protetion Meas$res0 One of t(e remar&a+le
ac(ievements in t(e proIect is t(at t(e la0 enforcement mac(iner-
(as perceived victims of tra%c&ing as victims of crime, victims of
organi4ed crime5 $(is is a clear reversal of t(e earlier trend 0(ere
victim (ad +een arrested and presented as t(e ofender5 oreover,
t(e net0or&ing 0it( t(e government agencies and t(e =>Os (as
given rise to innumera+le re(a+ilitation programmes5 !in&ages 0it(
corporate (ave also +een activated5 All t(ese (ave led to
institutionali4ed mec(anism in t(e re(a+ilitation process5
Ministry of "omen and C#ild 9evelopment is t#e nodal foal
point regarding vitim protetion meas$res7 MHA in
oordination 6it# Ministry of "omen and C#ild 9evelopment
may ta!e ation $nder t#is item7
Similar mention in /COSOC Resol$tion (==,<(- of (-
t#
85 )rges em+er States to ta&e measures against tra%c&ing in
persons, speciall- 0omen and c(ildren, t(at are consistent 0it(
internationall- recogni4ed principles of non-discrimination and t(at
respect t(e (uman rig(ts and fundamental freedoms of victimsJ
/5:: Strengt(ening6esta+lis(ing provisions and mec(anism for
confscation of proceeds of crimes of tra%c&ing

inistr- of 'omen and C(ild Development 2I$PA amendment3 in
consultation 0it( inistr- of ,ome Afairs and
inistr- of .inance 2P!A amendment3
Similar mention in /onomi and Soial Co$nil %/COSOC&
Resol$tion (==,<(- of (-
t#
;5 )rges all em+er States1
2d3 $o esta+lis( t(e ofence of tra%c&ing in persons as a predicate
ofence for mone- -laundering ofencesJ
41
F5 )rges em+er States to emplo- a compre(ensive approac( to
com+ating tra%c&ing in persons, incorporating la0 enforcement
eforts and t(e protection of victim s and preventive measures,
including measures against activities t(at derive proft from t(e
e#ploitation of victims of tra%c&ing and, 0(ere appropriate, t(e
confscation and sei4ure of t(e proceeds of tra%c&ingJ
/5:;em+er States underta&e to earmar& necessar- resources and
identif- institutional mec(anisms for t(e repatriation of victims from
t(e destination countr- to t(e countr- of origin5
Ministry of Home Afairs: 8oreignerIs division #as onveyed
itIs 1o Ob;etion
/5:<Building capacit- of civil societ- to pla- a proactive role alongside
t(e state mac(iner-
/5:?Strengt(ening6esta+lis(ing provisions and mec(anism to ensure
safe migration 0it(in and to6from t(e mem+er states to ot(er
mem+er states
TH/MATIC AR/A .0 Comments6 Suggestions of em+er States1
B(utan1
$(is t(ematic area calls for t(e paradigm s(ifts
in man- of t(e sensitive la0s6rules6regulations5
$(is 0ill need negotiations at t(e political level5
Can +e easil- ta&en care of +- t(e SAA*AC
>ender Data Base, 0(ic( all em+er States
including B(utan is committed to5
India1
Agrees 0it( t(e suggestions of B(utan and Sri
!an&a5
Some of t(ese (ig(er measures can +e
implemented +- fne-tuning some of t(e e#isting
sc(emes +ut some 0orld defnitel- re9uire
political +u--in
aldives1
=o comments to ofer
=epal1
Pa&istan1
Action steps of $(ematic Area / are 0ell devised
and compre(ensive covering all t(e possi+le
aspects of tra%c&ing in c(ildren5
42
=CC'D agrees to t(ese action steps5
Sri !an&a1
$(ese (ig(er measures to +e negotiated at t(e
political level5
Dra0ing more attention for developing morals in
eac( countr- in addition to ot(er steps is +eing
ta&en 0(ic( ma- +ring +etter results in
minimi4ing (uman tra%c&ing5
43

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