Open trafficking- news item

Open trafficking

Meha Dixit

JANUARY 17, 2018 00:00 IST

UPDATED: JANUARY 17, 2018 03:38 IST

Employment opportunities should be created in Nepal to prevent cross-border trafficking between Nepal and India

Following the 2015 Nepal earthquake, the Ministry of Home Affairs said that human trafficking from Nepal to India witnessed “a three-fold jump”. The Sashastra Seema Bal (SSB) reported that most of the victims were minors, with girls and boys in equal numbers, and many were from the earthquake-affected districts of Nepal. In Dhangadhi and Rupandehi districts of Nepal, representatives of NGOs working on human trafficking said that quake-affected Sindhupalchowck district was among the key source districts for cross-border trafficking to India. A large number of women from this district left the country after the earthquake to find employment abroad, either through Rasuwagadhi or some other transit point along the India-Nepal border, said Asha from an NGO. “The destination countries for most of them were Kyrgyzstan, Israel, West Asia, and India. Many have also left for Kathmandu,” she said.

But identifying cases of human trafficking is not easy. Pancha Kumar Bakhu, who is Inspector, Area Police Office, Barabise in Sindhupalchowk, said: “No case of human trafficking has been registered since 2015, but ‘love affair’ (elopement) cases have been registered.” It is often difficult to identify a human trafficking case at the source since the victim may have been lured through the false promise of marriage or a job, said advocate Adrian Phillips from Justice and Care, an NGO that works on human trafficking.

The Indo-Nepal Treaty of Peace and Friendship, 1950 provides for an open border between Nepal and India. At the Gauriphanta border in Lakhimpur Kheri district and Sanuali border in Maharajganj district of U.P. bordering Nepal, I discovered how easy it was to cross over to Nepal. An official from SSB at Gauriphanta, which guards the Indian side of the border, said that those entering India are not stopped, but “those with luggage are stopped and questioned.” As I crossed over to Dhangadi in Nepal from Gauriphanta, an official from the Armed Police Force, which guards the Nepali side, said that individuals are stopped on the basis of “suspicion, intelligence or information from family members or relatives.” The SSB also profiles victims and suspects.

Closing the border may prevent cross-border trafficking, but it could also engender or accentuate economic vulnerabilities for those who have jobs or own businesses along the border. Poverty and unemployment in Sindhupalchowck have left young people vulnerable to internal and cross-border trafficking through the Rasuwagadi-Kerung border. It is imperative to create economic opportunities, particularly for the youth, within the country. Further, the Nepal-India border needs to be equipped with enhanced intelligence networks and effective monitoring mechanisms.

Meha Dixit has a PhD in International Politics from JNU and has taught at Kashmir University

Meha Dixit

Attach properties of those involved in human trafficking, frame law to ban begging: Uttarakhand HC to govt

NAINITAL: Taking a strict stand on 'rampant human trafficking in the state', Uttarakhand high court (HC) on Thursday asked police officials to "invoke provisions of the Money Laundering Act, 2008 against the persons who are involved in human trafficking, and also attach their properties." The division bench of justices Rajiv Sharma and Alok Singh while hearing an appeal against acquittal of a man who was charged with trafficking a girl from Nepal. also asked the state government to "carry out a verification of children, particularly minor girls and women coming to India from Nepal and counsel them properly."

The court also cited a TOI story 'Government sitting on 'secret' report on national, global trafficking racket in Uttarkhand' which was published on December 5, and directed the state government to "constitute a special investigation Team (SIT), if not already constituted, headed by a senior superintendent of police to investigate the matter within four weeks and to register FIRs against the persons, who were/are involved in human trafficking of boys/girls from shelter homes (as mentioned in the report)." The judges further recommended to the central government to "frame laws based on the model law against trafficking in persons, as drafted by the United Nations Office on Drugs and Crime in relation to trafficking, victim and witness protection."

In another significant direction to curb begging on the streets, the HC asked the Uttarakhand government to "ban begging throughout the state by bringing a suitable legislation on the analogy of the UttarPradesh Prohibition of Beggary Act, 1975." Pointing out that "minors are often kidnapped by organised gangs to force them into beggary", the court directed the police department "to conduct DNAs of the parents as well as of the children of the beggars to ensure that the children found in their company are their own children."

Further, the court directed that all the anti-human trafficking units in Uttarakhand "must be headed by a person not below the rank of DSP/CO, and have one inspector, two sub-inspectors, three ASI and 10-15 constables and 50% of these officers should be sensitized women"

Among other directions given by the court were setting up of a photo bank to trace missing children and to display the data on an official website. In order to ensure the safety of the victims of human trafficking, the bench directed the state government to "provide safe and proper accommodation and basic health care to them." The HC also added that the trial of such cases should be held in camera and the state should also involve gram panchayats at the grass-root level to trace missing children.

Tamil Nadu Records Highest Number of Child Marriage Cases in Country

Tamil Nadu, Not UP or Rajasthan, Records Highest Number of Child Marriage Cases in Country

The Ministry of Women and Child Development on Friday informed the Lok Sabha that a total of 326 cases were registered in 2016 under the Prohibition of Child Marriage Act.

Rules and Procedures of Committee.

From: mail from :(giridharkadapacwc@gmail.com) 

Sent: 7 October 2016 09:32 AM
To: Program Officer – HELP

Subject: Rules and Procedures of Committee.    

Sir,

What are the  Rules and payment details to CWC as per JJ central rules?  

Giridhar,

Member,

Child Welfare Committee,

Kadapa district.

Respected Mr. Giridhar garu please find below answer for your reference.

16. Rules and Procedures of Committee.-

1)    The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500 /- per sitting.

2)    A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the Committee.

3)    The Committee shall hold its sittings in the premises of a children’s home or, at a place in proximity to the children’s home or, at a suitable premises in any institution run under the Act for children in need of care and protection.

4)    The Committee shall ensure that no person(s) un-connected with the case remains present in the room when the session is in progress.

5)    The Committee shall ensure that only those person(s), in the presence of whom the child feels comfortable, shall be allowed to remain present during the sitting.

6)    At least one member of the Committee shall always be available or accessible to take cognizance of any matter of emergency and issue necessary directions to the Special Juvenile Police Unit or local police of the district. For this purpose the Chairperson of the Committee shall draw up a monthly duty roster of the Committee members who shall be available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the District Child Protection Unit and the Special Juvenile Police Unit.

7)    The Committee shall sit on all working days for a minimum of six hours commensurate with the working hours of a magistrate court, unless the case pendency is less in a particular district and the State Government concerned issues an order in this regard: Provided that the State Government may, by notification in the Official Gazette constitute more than one Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.

8)    On receiving information about a child or children in need of care and protection, who cannot be produced before the Committee, the Committee shall reach out to the child or children and hold its sitting at a place that is convenient for such child or children.

9)    While communicating with the child, the Committee members shall use child friendly techniques through their conduct.

10) The Committee shall hold its sittings in a child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Committee to interact with the child face to face.

11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Committee and the children

12)               The Committee shall be provided infrastructure and staff by the State Government.

Thanking you sir,

APPLICATION FOR SURRENDER OF CHILD

 from:bhlakshmidcpovzm@gmail.com] 

Sent: Sat, September 8, 2016 10:02 AM
To: helpap@gmail.com

Respected Sir,

Please give details on ‘Application for Surrender of Child?

Thanking you,

 Your’s sincerely,  

Bh.Lakshmi

DCPO -DCPU ,

Vizainagaram  district.  

     Thank u respected lakshmi garu please give bellow application for Surrender of Child as per JJ CENTRAL RULES .                                                           

FORM 23

[Rule 19(22)]

APPLICATION FOR SURRENDER OF CHILD

Date ……….

To

Child Welfare Committee,

District……………….

I/ We………………(name of the applicant/s) …………….(relation with the child)

of……………….(name of the child), aged about……….years , intend to surrender…………………..name of

child)beforethisChildWelfareCommittee as……………………………………………………….(reason/s for surrender).

I/we am /are fully conscious and making this application before this Child Welfare Committee. I have not been forced or unduly influenced by any one to take this decision of Surrendering……………………. (name of child). I shall have no objection if the child is given in adoption. Iam fully aware of the consequences of surrendering the child.

Full signature of the applicant(s)/

Thumb impression (if the CWC deems appropriate)

Name and address.

…………………………….

(Signature of the Chairperson/ member

Before whom such application is submitted)

Committee member/s present:____________________

Date…………………..

Time……………………

Place…………………..

Duties of Probation officer.

From: mail from :( chiranjeevidpo@gmail.com]
Sent: 4 October 2016 08:42 AM
To: Program Officer – HELP

Subject: Duties of Probation officer.    

Sir,

What are the duties of Probation Officer as per JJ central rules?  

K. Chiranjeevi,

Dist Probation Officer,

Kakinada, E.G DIST. s

Respected Mr. Chiranjeevi garu, please find below answer for your reference.

Duties of a Probation Officer.

Rule 64 of Juvenile Justice Act – 2015.

A.  On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6 to the Board.

B.  The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or abusers being in the neighbourhood, adult gangs, drug users, accessibility to weapons and drugs, exposure to age inappropriate behaviours, information and material.

C.  The Probation Officer shall carry out the directions given by the Board and shall have the following duties, functions and responsibilities:

(1)         To conduct social investigation of the child in Form 6;

(2)         To attend the proceedings of the Board and the Children’s Court and to submit reports as and when required;

(3)         To clarify the problems of the child and deal with their difficulties in institutional life;

(4)         To participate in the orientation, monitoring, education, vocational and rehabilitation programmes;

(5)         To establish co-operation and understanding between the child and the Person- in-charge;

(6)         To assist the child to develop contacts with family and also provide assistance to family members;

(7)         To participate in the pre-release programme and help the child to establish contacts which could

(8)         provide emotional and social support to the child after release;

(9)         To establish linkages with Probation Officers in other Districts and States for obtaining social

(10)     Investigation report, supervision and follow-up.

(11)     To establish linkages with voluntary workers and organisations to facilitate rehabilitation and social

(12)     reintegration of children and to ensure the necessary follow-up;

(13)     Regular post release follow-up of the child extending help and guidance, enabling and facilitating

(14)     their return to social mainstreaming;

(15)     To prepare the individual care plan and post release plan for the child;

(16)     To supervise children placed on probation as per the individual care plan;

(17)     To make regular visits to the residence of the child under his supervision and places of employment

(18)     or school attended by such child and submit periodic reports as per Form 10;

(19)     To accompany children where ever possible, from the office of the Board to the observation home,

(20)     special home, place of safety or fit facility as the case may be;

(21)     To evaluate the progress of the children in place of safety periodically and prepare the report

(22)     including psycho-social and forward the same to the Children’s Court;

(23)     To discharge the functions of a monitoring authority where so appointed by the Children’s Court;

(24)     To maintain a diary or register to record his day to day activities such as visits made by him, social

(25)     investigation reports prepared by him, follow up done by him and supervision reports prepared by him;

(26)     To identify alternatives of community services and to establish linkages with voluntary sector for

(27)     facilitating rehabilitation and social reintegration of children; and

(28)     Any other task as may be assigned.

Thanking you sir, 

Release of a child from an institution

From: mail from: dcpukadapa@gmail.com ]
Sent: 27September 2016 09:45 AM
To: Program Officer – HELP

Subject: Release of a child from an institution.    

Respected Sir,

How to release a child from an institution as per new juvenile justice

G, Sivareddy,

District Child Protection Officer,

DCPU - KADAPA DIST.

Dear Mr. Sivareddy garu, please find below answer for your question.

As per Section 97 of Juvenile Justice Act-2015.

(1)   When a child is kept in a Children’s Home or special home, on a report of a probation officer or social worker or of Government or a voluntary or non-government organisation, as the case may be, the Committee or the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation:

Provided that if a child who has been released conditionally under this section, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned home.

(2)   If the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home:

Provided that in case of a child in conflict with law fails to fulfil the conditions set by the Board as mentioned in sub-section (1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure.

Thanking you