VERDICT BY JURY

PUBLIC HEARING ON CHILD TRAFFCIKING

Date: 22nd June 2016
Venue: India International Centre, New Delhi
JURY MEMBERS: Lushin Dubey, Siddharth Luthra and Om Thanvi
On hearing the depositions and reading the stories of those who are unable to depose due to
emotional reasons, which we respect, the jury has the following observations to make:
1) The issue is complex and not limited to just the legal aspect but also relates to social and
economic issues.
2) Issue of child trafficking has to be tackled at its root and there has to be an environment
created to prevent trafficking by empowering urban/rural communities, creating awareness
and providing education to families and children. Moreover, providing opportunities of
employment and security within the community in collaboration with local government,
NGOs and police is the need of the hour.
3) The next stage is of community response which must be calibrated with necessary and
relevant education and training to act both as a preventive measure, and to enable adequate
rehabilitation measures and acceptance of children as victims of crime needing special care
within the community. This requires proactive change at both the government and social
level.
4) There are different categories of trafficking -- whether through coercion, kidnapping or with
the consent of parents -- all of which need to be dealt with in their distinct forms. The legal
framework also needs to be reviewed to ensure complete coverage. This review must happen
on a 5/10 yearly basis by viewing the impact on the menace.
5) Reporting of crime is an issue which has to be dealt with by the law enforcement agencies
and perhaps units akin to economic crime/ crime against women (CAW) and children cell
which carry out pre-investigative enquiries. This would ensure that from the time of
reporting, even if an FIR is to be deferred, the police machinery begins their work
immediately.
6) Lack of coordination between state police agencies, anti-human trafficking units (AHTUs)
and other agencies tasked with child care has to be legislatively and administratively
streamlined.

7) The investigation has to be specialized, made efficacious and standardized procedures need
to be adopted put throughout the country to avoid state-wise variations in procedure which
despite the presence of central substantive and procedural laws
8) Special prosecution efforts have to be taken keeping in view the nature of crime. The process
needs to be expedited and there should be timely review by the High Court.
9) Investigation must be comprehensive as it often has inter-state ramifications and cannot be
limited to one or the other aspect alone merely because of the convenience of the police.
10) Integrity of police investigation and efforts need to be provided for and improved. A review
mechanism should be created within each state since police is a state subject.
11) Post investigation and prosecution, there have to adequate standardized measures for
rehabilitation and compensation, including medical treatment, to ensure that all victims are
provided proper relief and assistance at state cost for their rehabilitation first within the
community and then in the society at large. The victims should also be able to access their
right to education, including vocational training, as part of the rehabilitation programme.
12) The jury feels that the all the concerned stakeholders, including NGOs and particularly
survivors, should be properly consulted before the Trafficking of Persons (Prevention,
Protection and Rehabilitation) Bill 2016, which has been put out by the Ministry of Women
and Child Development for inviting suggestions, is given a final shape.
13) The jury appreciates the work done by the organizations supporting the victims of child
trafficking and the cause.

Signed By:

Lushin Dubey

Siddharth Luthra

Om Thanvi