GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

WD & CW Dept - Policy for combating trafficking of women andchildren for commercial sexual exploitation – Orders Issued.


Women Development, Child Welfare & DisabledWelfare (Progs) Dept.

G.O.Ms.No. 1 Dated: 03-01-2003.

O R D E R :

The problem of trafficking of women and childrenfor the purpose of sexual exploitation has assumed alarming proportions in recent years.Trafficking is prevalent at various levels- local, inter-District, Inter-State andCross-Border. Commercial exploitation of women and children takes place in various formsincluding brothel based prostitution, sex tourism entertainment industry and pornographyin print and electronic media. There are major obstacles in assessing the exact magnitudeof the problem of trafficking. However, various reports have highlighted the fact that ahigh percent age of victims of trafficking are from the State of Andhra Pradesh alone.Similarly, while there are no precise estimates, the available data indicate that nearly50% of the victims belong to Scheduled Caste and up to 30% belong to the other BackwardClasses.

2. Trafficking is a multi-dimensional problemencompassing a whole range of economical, social and cultural issues, which are varied andhighly complex. Most of the victims have been trafficked with promises of Jobs, bettercareer prospects and marriage. Some are inducted forcibly through abduction. Poverty andDeprivation, secondary status accorded to women in society, prejudice against the girlchild, weakening of the family structure, changing public attitudes towards sex andmorality, the caste structure, urbanization and migration are other factors, which havecontributed to the commercial sexual exploitation of women and children. Apart fromtrafficking, certain traditional forms of prostitution are prevalent, e.g. Jogins,Marthammas, Dommaras, Basavis.

3. Trafficking and commercial sexual exploitationof women and children have resulted not only in violation of rights but also in veryadverse physical, psychological and moral consequences for the victims, which are serious,life-long, and also life-threatening. About 60-70% victims suffer from more than onedisease including sexually transmitted diseases such as HIV/AIDS. The rescued victims areinvariably penniless, physically ill and psychologically broken.

4. Taking into consideration the above, acomprehensive policy and action plan covering various aspects such as prevention,trafficking, rescue, repatriation, economic empowerment, health care, education, housing,legal reforms and creation of corpus fund is necessary for addressing the problem oftrafficking. There is also need for planning and coordination both at the district leveland the state level for addressing the deep rooted and underlying causes of traffickingand also taking adequate measures for psychological support, economic empowerment andre-integration so that the victims do not get drawn into the trade again on account of nonavailability of other options for livelihood.

5. As most of the components of the Action Planhave to be implemented at the District level, Government have decided to constituteDistrict-level Committees with the following composition for taking up activities forprevention, rescue and rehabilitation of victims:

District Collector Chairman

Superintendent of Police Member

District Education Officer Member

District Medical & Health Officer Member

PD, District Rural Development Authority Member

Representatives of the SC/ST/BC

Women Finance Corporations Members

NGOs / prominent Social Workers working to benominated

in related areas by Dist. Collector

Project Director, Women Development &

Child Welfare Agency Member-Convener. 

6. Government have also decided that thefollowing activities shall be taken up by the District Level Committees: -

PREVENTION:

Prevention of Trafficking in women and childrencan be achieved only by addressing the root causes. Poverty and illiteracy have beenidentified as two primary causes of trafficking. It is, therefore, necessary to ensurethat the various Schemes for eradication of poverty are focused at benefiting families inwhich women and children are vulnerable or are at high risk of being trafficked for sexualexploitation and commercial purposes.

The District Committee shall, therefore, amongother measures, take the following preventive action: -

· Create a reliable and relevant database with the help of NGOs on the high supply areas, routes, destinations, causes of trafficking, exploitation and the magnitude of the problem.

· Create public awareness and motivate public resistance to trafficking through programmes in educational institutions, Self-Help Groups (SHGs), Women Groups, youth groups using print and visual media extensively.

· Adopt a campaign approach / mode to combat the evils of trafficking and sexual exploitation with the help of Local Bodies, Educational Institutions, NGOs, etc.

· Organize social boycott of the persons indulging in trafficking.

· Prepare Panchayat level and Mandal level Action Plans by establishing similar committees at the Mandal and Panchayat levels.

· Set up Community Vigilant Groups in every Panchayat especially in high-risk areas to monitor, report and take action if necessary against persons involved in trafficking.

· Establish and run care homes in all high supply areas for high-risk groups like street children, neglected children, etc. so as to prevent exploitation of their vulnerability.

· Create a proper convergence of various benefit schemes for women and girl children to empower high-risk groups.

 

ANTI-TRAFFICKING MEASURES:

The District Committee shall set up anAnti-Trafficking Squad in every District headed by an officer not below the rank of DeputySuperintendent of Police. The Anti-Trafficking Squad shall be supported by the ProjectDirector of Women Development & Child Welfare, Probation Officers, Social Workers andother NGOs who are specially sensitized and trained for rescue and rehabilitation.

The Anti-Trafficking Squad shall:

· Be vigilant at all entry and transit points within its control area and act quickly on any report from the Community Vigilant groups or from any concerned citizen on cases of trafficking.

· Establish Contact Centres at major transit points like Bus Stops/ Railway Stations to monitor migration of women and children.

· Establish Helplines, Help-booths and support centres under the jurisdiction of each Police Station and assist the victims in getting immediate help.

· Conduct rescues with sensitivity, confidentiality and care for the victims.

· Book cases only against the traffickers and not against the victims of trafficking.

· Enforce strictly the law against pornography including possession, production, sale and exhibition of any kind of pornographic material.

RESCUE:

The District Committee shall:

· Immediately arrange for shelter facility for rescued victims,

· Submit proposals for establishment of Transit Homes with facilities for trauma counselling, victim care, vocational guidance, re-integration which will be co-managed with credible NGOs. under Centrally Sponsored Scheme SWADHAR.

· Arrange for foster care of child victims or children of victims of trafficking wherever possible.

ECONOMIC EMPOWERMENT:

The District Committee shall:

· Formulate special schemes, which will converge with existing schemes to economically empower a victim.

· Provide guidance and assistance through Self-Help Groups (SHGs) of victims for micro credit facility and income generating facilities.

· Provide special assistance schemes under Women’s SC/ST/BC Finance Corporations for training and employment or self-employment on priority basis.

· Establish livelihood training programmes and training-cum-production centres for victims with collaboration and support of private institutions.

· Establish adequate marketing tie-ups.

· Make it mandatory for NGOs supported by the Government to employ victims who will form 50% of the total staff strength.

HEALTH CARE SERVICES:

The District Committee Shall:

· Provide Health Cards to women and child victims ensuring free medical treatment, adequate drugs and medications in all Government Hospitals.

· Provide care and support for HIV + ve victims of trafficking so as to ensure holistic and non-discriminatory un-biased access to Health Services.

· Establish Homes or support reputed NGOs to establish Homes wherever required for terminally sick victims by utilizing existing infrastructure under various Departments / Agencies.

· Start mental Health Intervention Centres or Counselling services for victims for effective reintegration back to the mainstream society.

EDUCATION AND CHILD CARE:

The District Committee shall:

· Establish Residential Transit Schools with proper counselling facilities in all Mandals so as to prevent second generation trafficking.

· Make it mandatory to admit all Child victims and children’ of victims of trafficking in mainstream schooling.

· Admit Child victims or children of victims of trafficking in Residential Schools over and above the sanctioned strength.

· Provide free and compulsory education with support services like Scholarships, Supplementary Nutrition, Tuition so as to prevent Dropouts.

· Establish Vocational Training Centres with adequate marketing links so as to provide livelihood skills for mainstream reintegration.

· Declare the children of trafficked women as Orphans and provide benefits in SC/ST/BC Residential Institutions / Hostels / Homes.

HOUSING AND CIVIC AMENITIES:

The District Committee shall:

· Arrange to provide victims of trafficking with electoral photo identity cards, if they are registered electors of the relevant constituency.

· Provide white ration cards as a separate eligible category as a special case adopting existing income criteria.

· Provide allocation of house sites to rescued persons on priority.

7. LEGAL REFORMS:

Government has also decided that necessary legalreforms shall be introduced for ensuring effective and speedy justice by:

· Working on amendments of criminal procedures to ensure gender and child sensitive application of judicial processes and efficient, tight and stringent prosecution of traffickers including summary disposal of such cases ensuring proper and quick justice.

· Making provisions in the Law for confistication of assets of exploiters and for compensation to the victims.

· Setting up Night Courts so as to prevent the holding of victims in Police custody at night.

· Enacting a Law for imposing fine on the Traffickers and crediting the amounts to the Rehabilitation Fund for the victims of trafficking.

8. REHABILITATION AND RELIEF FUND:

The Government has also decided to utilize theexisting rehabilitation and relief fund for providing relief to victims of trafficking.The Fundshall be utilized for:

· Facilitating the repatriation of victims rescued from brothels and other places of trafficking to their homes.

· Providing immediate and timely relief to the victims of trafficking.

· Meeting expenditure towards travel, clothing and other immediate necessities, urgent medical care and other contingencies for victims of trafficking or their children.

· Supporting and Networking with NGOs who are engaged in rescue and rehabilitation.

9. For reviewing the activities of the DistrictCommittees and achieving the required inter-departmental/multi-sectoral coordination aSTATE LEVEL COORDINATION COMMITTEE under the Chairmanship of the Chief Secretary toGovernment is set up with the following composition:

Chief Secretary to Government Chairman

Principal Secretary to Government, Home Dept.Member

Principal Secretary to Government, Medical,Health &

Family Welfare Dept. Member

Principal Secretary to Government, Social WelfareDept. Member

Secretary to Government, School Education Dept.Member

Secretary to Government, Law Dept. Member

Commissioner, Juvenile Welfare, CorrectionalServices &

Welfare of Street Children Dept., Member

Project Coordinator, A.P. State Aids ControlSociety Member

Director, Women Development & Child WelfareDept. Member

Two Non-Governmental Organizations (NGOs) /Social

Workers to be nominated by the Government Members

Principal Secretary to Government, WomenDevelopment,

Child Welfare & Disabled Welfare Dept.Member-Convener.

10. The State Level Coordination Committee willmeet once in three months to review the situation relating to trafficking and theimplementation of measures for rescue, rehabilitation, reintegration and mainstreaming ofthe victims of trafficking.

11. All the concerned Departments are requestedto take further action and issue detailed guidelines for the proper implementation of thepolicy. The Collectors and District Magistrates are also requested to constitute theDistrict level Committees and take up vigorous Campaigns against trafficking as well asimplement the various measures envisaged for the rehabilitation of the victims oftrafficking.

            (BY ORDER AND IN THENAME OF THE GOVERNOR OF ANDHRA PRADESH)

SATHI NAIR

CHIEF SECRETARY TO GOVERNMENT

To

Special Chief Secretary to Govt., PR & RD Dept.

Principal Secretary to Govt., Home Dept.

Principal Secretary to Govt., Medical, Health &Family Welfare Dept.

Principal Secretary to Govt., Social Welfare Dept.

Secretary to Govt., School Education Dept.

Secretary to Govt., Law Department

Commissioner, Juvenile Welfare, CorrectionalServices &

Welfare of Street Children,

Project Coordinator, A.P. State Aids ControlSociety, Hyderabad

Director, Women Development & Child WelfareDept.

Commissioner of P.R. Dept.

Commissioner of R.D. Dept.

Commissioner of Women Empowerment &Self-Employment

Director for School Education, Hyderabad

Director, Medical, Health & Family Welfare,Hyderabad

All Collectors & District Magistrates (in namecover)

Copy to:

Secretary to Govt. of India, Ministry of HRD, Dept.of W& CD,

Shastri Bhavan, New Delhi – 110 001.

Commissioner, Social Welfare

Commissioner, Tribal Welfare

Commissioner, B.C. Welfare

Members of State Coordination Committee.

Dr. Sunitha Krishnan, Gen. Secy. Prajwala,Hyderabad.

Sri. N.V.S. Ram Mohan, HELP, Ongole.

The Registrar, A. P. High Court, Hyderabad.

P.S. to Spl. Secy. to Chief Minister.

P.S. to Minister (WD & CW)

General Admn (Cabinet) Dept.

P.S. to Chief Secretary to Government.

P.S. to Prl. Secy. to Govt. WD, CW & DW Dept.

P.S. to Addl. Secy. to Govt., WD, CW & DW Dept.

SF/SC.

 

// FORWARDED BY ORDER // 

                                                                SECTION OFFICER.