India: Reform anti-trafficking laws to better protect sex trafficking victims

30 July 2014 UPDATE: In June, Equality Now and our Indian partners, Apne Aap and the Shaheen Women's Resource and Welfare Association, sent a joint submission to the UN Committee on the Elimination of Discrimination against Women which reviewed India in July. We provided information on India’s domestic and international obligations to combat sex trafficking, sexual exploitation and child marriage, as well as suggestions on how India can better prevent and address these human rights violations. Following its review, the Committee recommended that India review its Immoral Traffic Prevention Act (ITPA) and include provisions to better prevent trafficking and provide support services for survivors. It also called on India to “address the root causes of trafficking” and to “ensure the effective investigation, prosecution and punishment of traffickers.”
 
Equality Now and our partners welcome the Committee’s recommendations and will work to ensure that India takes action to implement these calls in order to better protect and promote the human rights of women and girls. Thank you for your support.


   
          

 

                        

               Photo ©Bernard Henin
While actual numbers are difficult to obtain, government and NGO reports suggest that hundreds of thousands to millions of women and girls are prostituted in India (median age of entry is 11 years old), many of whom are victims of sex trafficking. Despite the high prevalence, however, very few cases of sex trafficking are actually reported and prosecuted.

On the recommendation of the Verma report, the Government of India recently adopted anti-trafficking provisions in the Indian Penal Code (IPC) through the Criminal Law (Amendment) Act of 2013, to conform to the internationally-recognized definition of the crime of trafficking as outlined in the Palermo Protocol. However, India’s other anti-trafficking legislation, which includes more comprehensive anti-trafficking laws, the Immoral Traffic (Prevention) Act (ITPA) of 1956, has not been changed in nearly thirty years. Therefore, Equality Now and Apne Aap are calling on the government to amend the ITPA by including specific provisions that will improve anti-trafficking efforts, protect children and survivors and address other shortcomings still remaining. Amending this Act will put India in line with its international legal obligations under the Protocol.

PETITION TEXT:

I support the cause to end sex trafficking in India and applaud the amendments made to the Indian Penal Code and other criminal laws by the Criminal Law Amendment Act, 2013, which will end legal impunity for most forms of rape and sexual violence against women and girls.

However, in order to strengthen the laws and ensure that traffickers, pimps, buyers and others exploiting those in prostitution will be prosecuted and convicted, I respectfully urge you to amend the Immoral Traffic (Prevention) Act, 1956 (ITPA) to include the following provisions.

1. Ensuring legal protection and removing criminal sanctions from women and children in prostitution. Prostituted women and children must be able to seek the help and protection of the police without fear of being prosecuted. To achieve this, Section 20 (“Removal of prostitute from any place”) and Section 10 (“Detention of prostitute in a corrective institution”) of the ITPA must be removed entirely.

2. Criminalization of pimps and brothel keepers, not women or children in prostitution. The new measures in the IPC, inexplicably, do not include the offence of pimping and touting, which is completely contrary to India’s requirements to punish traffickers under the Palermo Protocol. Section 8 of the ITPA must be reworded to include the following language:

“Whoever commits an act or acts of pimping or touting for the purpose of sexual exploitation or prostitution of another person shall be punishable on first conviction with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years, and also with fine which may extend to fifty thousand rupees.

Whoever commits an offence under clause (1) above for the purpose of sexual exploitation or prostitution of a minor shall be punishable on first conviction with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and also with fine which may extend to two lakh
[two hundred thousand] rupees.”

3. Punishment of those who pay for sex. According to Apne Aap, very few Indian women, and no Indian children, freely offer commercial sexual services to men. The vast majority are victims of trafficking who are being forced to earn a living. Men who abuse their economic power to sustain this industry are perpetuating the exploitation of the most vulnerable people in society. The law must, therefore, criminalize those who pay for sex, especially those who pay for sex with children. The following provision must therefore be added to section 5(b) the ITPA:

“(1) Any person who purchases, or attempts to purchase, another person, on making or agreeing to make monetary payment or payment in kind, for sexual use or sexual exploitation, shall be punishable with rigorous imprisonment which shall not be less than six months and may extend up to two years and also with fine which may extend up to twenty thousand rupees, and upon second or subsequent conviction shall be punishable with rigorous imprisonment which shall not be less than two years and may extend up to five years and also with fine which may extend up to fifty thousand rupees.

(2) Any person who commits an offence described under sub-clause (1) with respect to a minor shall be punishable with rigorous imprisonment for a term which shall not be less than one year and may extend up to four years, and also with fine which may extend up to rupees one lakh, and upon second or subsequent conviction shall be punishable with rigorous imprisonment which shall not be less than four years and may extend up to ten years and also with fine which may extend upto rupees two lakhs
[two hundred thousand].”

4. Strict liability for traffickers and buyers of a minor regardless of whether the perpetrators knew the victim’s age. Anyone “buying” or “selling” a minor in order to exploit them in prostitution, or “buying” sex in exchange for money from a minor, should be penalized. “I didn’t know she was not 18” or “she said she was 25” should not be allowed as defenses for perpetrators. Thus, the following provision must be added to section 22 of the amended ITPA:

“When any offence under this Act or under Section 370 or Section 370-A of the Indian Penal Code, 1860 is alleged to have been committed against a minor, the lack of knowledge of the accused regarding the age of the victim, or misrepresentation by the victim or a third party that he or she was eighteen years of age or older at the time of the offence, shall not be permitted to be raised as a defence.”

5. Establishment of a fully government-funded Trafficking Victims Rehabilitation and Welfare Fund. Provisions must be made in the law for real and sustainable rehabilitation in women-friendly shelter homes, which provide necessary linkages to various schemes and programs that trafficked women and children can benefit from.

Enacting these changes to the ITPA will make clear that the Government of India has a zero tolerance approach towards trafficking and exploitation while seeking to protect the women and children who are victims of these heinous crimes. This is a matter of great urgency as has been pointed out by the Verma Committee Report and by Honorable members of the Cabinet. We add our voices to those of these eminent parliamentarians and members of the judiciary, along with the voices of those who cry out from behind the closed doors of their bondage in sexual slavery.

Yours with hope,
Citizens of India & Global Citizens
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  • 1-25 of 1415 signatures
    Number Date Name Location Add a personal comment to ...
    1415 Sat Feb 28 00:14:09 EST 2015 SACHIN kUMAR waranal, ot , IN
    1414 Thu Feb 26 03:46:09 EST 2015 Shivangi Agarwalla Mumbai , ot , IN
    1413 Mon Feb 23 17:33:42 EST 2015 M. R. Coleman-Dion North Easton, MA , US Anyone using children or those who do not consent to sex should be castrated.
    1412 Mon Feb 23 17:27:58 EST 2015 M. R. Coleman-Dion North Easton, MA , US
    1411 Thu Feb 19 20:23:45 EST 2015 Itzel Islas West Covina, CA , US Human Trafficking is unconstitutional and inhuman. Those who are criminals of this practice shall and will pay the price one way or another.
    1410 Thu Feb 19 18:27:33 EST 2015 moin torabi karaj, IR+26 , IR I'm going to a voluntary work experience in Udaipur, India supported by AIESEC NGO in Udaipur and the topic of the project is to stand up for women's rights and empower women, I believe that the first More....
    1409 Thu Feb 19 17:31:53 EST 2015 Anonymous Reno, NV , US
    1408 Thu Feb 19 10:57:38 EST 2015 Kristine McClarnon Garner, NC , US
    1407 Thu Feb 19 10:37:56 EST 2015 Lauren Dunn Lucasville, OH , US Praying for those caught in this tragedy everyday, and may God bless those who are fighting this injustice.
    1406 Mon Feb 16 15:20:48 EST 2015 Niamh Kelly Waterford, IRL, IE+27 , IE
    1405 Mon Feb 16 14:43:44 EST 2015 prerna joshi delhi, ot , IN I want to support this movement to stop human tracfikking
    1404 Sun Feb 15 22:54:41 EST 2015 Latoya Godwin Tallahassee, FL , US Something needs to be done not later but NOW!
    1403 Wed Feb 11 02:57:35 EST 2015 Anonymous Mesa, AZ , US I will pray for all victims
    1402 Sat Feb 07 15:17:00 EST 2015 Anna Persson Hovmantorp, ot , SE
    1401 Fri Feb 06 21:32:39 EST 2015 Anonymous Toronto, ON , CA
    1400 Thu Feb 05 12:01:44 EST 2015 Plamena Momcheva London, ot , GB
    1399 Wed Feb 04 20:44:34 EST 2015 Anonymous burton-on-trent, GB
    1398 Tue Feb 03 11:21:57 EST 2015 Arjun Negi Avanel, NJ , US
    1397 Mon Feb 02 00:58:59 EST 2015 Anonymous murrieta, CA , US
    1396 Fri Jan 30 09:37:04 EST 2015 Anonymous Scotch Plains, NJ , US
    1395 Fri Jan 30 00:41:18 EST 2015 NDene Riley frankston, ot , AU
    1394 Sun Jan 25 19:47:48 EST 2015 deep shelar leicester, AE , GB there should be very strict laws and our police needs to change and take some real actions !!! not be corrupted or slave of rich and powerful people !!!
    1393 Fri Jan 23 12:56:20 EST 2015 Anonymous New York, NY , US
    1392 Fri Jan 23 09:52:59 EST 2015 Heather DeWind West Olive, MI , US
    1391 Thu Jan 22 22:13:30 EST 2015 Monserrat Gomez Houston, TX , US
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    This petition will be delivered to the government of India.

    For more information:
    http://www.equalitynow.org/take_action/sex_trafficking_action491