RESEARCH STUDIES AND PROJECTS
The Statute of the Commission requires it to undertake and promote research in the field of human rights (Section 12(g) of the Act). In addition to a research link-up with the National Law School of India University, Bangalore, the Commission has strengthened arrangements at its own headquarters for research. The Commission has also enlists young interns to participate in its research work. For the Commission, it has become increasingly important to link research with themes that have practical worth for the better protection of human rights. The Commission has therefore,endeavoured to take up research programmes which could be structured around the possibility of practical steps being taken at the ground level. Thus, the research has not only been directed to ascertain ground realities, build data-bases, etc., but also to set up networks in the country that can be activated to promote and protect human rights and combat violations of such rights. Every year the Commission sponsors a number of studies and has laid down 'Guidelines for sponsoring research projects' At present several research projects are underway while earlier ones have been completed.
Completed Research Studies
Civil and Political Rights
Role of Civil Administration In the Protection of Human rights in Strife-Torn areas of Jammu and Kashmir
A study of the underlying causes of Human Rights violations as a result of insurgency in north east – nature of state response – use of special laws – violations by non-state actors – practical suggestions/recommendations for improvement in the situation – A research study in Tripura.
Rights of Women and Children
Impact, Community Response and Acceptancea of Non Formal Education under the National Child Labour Project – A Case study of Carpet-Weaving belt of Mirzapur – Bhadhoi and Glass – Bangle region of Ferozabad
Action Research on trafficking in Women and Children
Rights of Other Vulnerable Groups
Dependency on Forests for Livelihood and Its Impact on Environment . A case of the Baiga Tribe of Mandla District, MP
The Musahar: A Socio-economic study
Rights of Mentally ill
Quality Assurance in Mental Health
On-going Research Projects
Civil and Political Rights
Poor People in custody:experience of biases in the criminal justice system
Economic, Social and Cultural Rights
A study to assess the promotion of Economic, Social and Cultural Rights in India.
Women’s Rights
Research Study on Complaints made by Women at Police Stations at Bangalore
Research Study on Domestic Violence Against Women in India : Nature, Causes and Response
of Criminal Justice System.
Pilot Study of the Socio-Economic, Political and Cultural Status of Dalit Women in Haryana.
Rights of Women Prisoners in Indian Jails: A Sociological study
Child Rights
Freedom Mortgaged and Furure Abandoned: Bonded Child Labour in Karnataka Silk Industries
Current Trends in Child Labour: A Study Of Beedi Industry in Bharatpur-II Block,Murshidabad Distt, West Bengal
Implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000
Rights of Other Vulnerable Groups
Status Of Tendu Leaf Pluckers in Orissa
Human Rights Status of De-notified and Nomadic Tribes in Delhi, Gujarat & Maharashtra
Rights of the Disabled
NHRC-CHRC -IGNOU Linkage Project on ‘Human Rights for persons with Disablities’
Estimating precise costs and providing level playing field to Persons with Disabilities (PWDs)
Study on the efficacy of a district level mechanism for securing rights and entitlements of people with disabilities as guaranteed in the National Trust Act, 1999
Rights of the Mentally ill persons
"Operation Oasis" - A study related to mentally ill persons in West Bengal.
Programmatic Intervention for the abandoned patients in three mental hospitals - Institute of Mental Health & Hospital, Agra, Gwalior Mansik Arogyashala, Gwalior and Ranchi Institute of Neuro Psychiatry and Allied Sciences, Ranchi
Right to Health
Victimology-"Trauma Counselling for the victims of Gujarat Violence"
Human Rights Education
Developing Source Material on Human Rights Education in Indian Universities"
Review Of the Status Of Human Rights Education of India
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Completed Research Studies
Civil and Political Rights
Role of Civil Administration In the Protection of Human rights in Strife-Torn areas of Jammu and Kashmir
The study was entrusted to the Lal Bahadur Shastri National Academy of Administration,Mussoorie, UP.
The Core Objectives of the recently completed study were to critically comprehend the role played by the State Administration, police and para-military forces to restore human rights; to understand the role played by NGOs and the State Human Rights Commission in protection of human rights; and to suggest remedial measures to avoid Human rights violations.
It concluded that human rights violations are inevitable and rampant in a disturbed area, and the administration still has to play its role in ameliorating the miseries of the common man. Good governance is only possible if corruption is totally rooted out. It is of utmost importance that law enforcement agencies should be empowered so that they are able to assist the judiciary in protecting the rights of the common man.
Lastly, the welfare state will have to create funds to remove the economic misery of the victims of terrorism.
A study of the underlying causes of Human Rights violations as a result of insurgency in North East, the nature of state response, the use of special laws, violations by non-state actors, and practical suggestions / recommendations for improvement in the situation – A research study in Tripura
Entrusted to the Lal Bahadur Shastri National Academy of Administration, Mussoorie, UP,this recently completed study was an attempt to understand the nature of ethnic conflict between the tribals in Tripura and the non-tribals (mainly Bengalis), and insurgency related violence.
The core objectives of the study were to analyse the role of insurgency in perpetuation of human rights violations; to comprehend the role played by the State actors and non governmental organizations (if any) in restoring human rights; and to suggest remedial measures to improve the situation.
According to the study, the panacea to the violation of human rights in Tripura is the end of insurgency. The study has suggested a number of remedial measures to end insurgency which include development (trickle-down), administrative planning, education, awareness and conscious security measures and policing.
State of the Art Improvement of Forensic Sciences; for better Criminal Justice
Agency:- The Commission had received complaints that a large number of cases have been pending in different Forensic Science Laboratories (FSLs) which becomes an impediment to speedy disposal of criminal cases in various courts. The Commission constituted a Core Group to go into the problems of FSLs and to suggest measures to resolve them.The objective was to evolve guidelines for the satisfactory working of these FSLs in the country.
The Core Group presented its report "State Of The Art Forensic Science : For Better Criminal Justice" in June, 1999 and was released on 11-6-1999 by Shri L. K. Advani, Hon'ble Home Minister.
Copies of the Report were circulated to the Chief Secretaries of the 16 States where Forensic Laboratories are located. The Commission formally considered the report in its meeting held on 3-12-1999 and directed that the information may be obtained from the Ministry of Home Affairs (MHA) on the decision taken by the
Government regarding the recommendations of the report. Accordingly, MHA was requested to intimate the action taken by them.
Ministry of Home Affairs informed the Commission that it has implemented certain recommendations, which include the creation of a separate Directorate of Forensic Sciences and advice to the States to set up Forensic Science Development Boards. The Ministry of Home Affairs has now been requested to expedite the following:-
(i) Action taken on the remaining recommendations made by the Core Group;
(ii) Implementation of the decisions taken by the Core Group; and
(iii) Response, if any, received from the State Governments to MHA’s
letter dated 13-11-2001.
Meanwhile, the State Governments of Gujarat, Haryana, Tamil Nadu and Uttar Pradesh have furnished action taken report in this regard.
The matter is being pursued with the Ministry of Home Affairs and the concerned State Governments.
Rights of the Women And Children
Impact, Community Response and Acceptance of Non Formal Education under the National Child Labour Project – A Case study of Carpet-Weaving belt of Mirzapur – Bhadhoi and Glass – Bangle region of Ferozabad
Entrusted to the Himalayan Research and Cultural Foundation, New Delhi, the study was undertaken by Dr. Bhupinder Zutshi, Visiting Faculty, Centre for the Study of Regional Development, Jawaharlal Nehru University, New Delhi.
The objectives of the study were to examine the initiatives of the government, international and voluntary sectors towards eradication of child labour, rehabilitation and education of working children in India. The study focused on the carpet-weaving and glass-bangle regions in Uttar Pradesh and examined the impact and changes brought by the Non Formal Education (NFE) programme in the region.
The study has been completed. It concluded that international pressure, NGOs, judicial activism and concerted efforts made by the National Human Rights Commission have resulted in the adoption of the National Child Labour Project (NCLP) in the areas where children have been engaged in hazardous occupations. The study recommends that the NFE schools should be constructed in accessible locations, the NGOs that are allotted
NFE centers must be given adequate orientation training, and a better vocational skill training program for students is necessary. The Commission sent the recommendations to all concerned authorities in the Government of Uttar Pradesh and in the Government of India. In a follow-up action, Dr. Zutshi organized three training workshops in partnership with the Commission and UNESCO.
Action Research on trafficking in Women and Children
The above research is a collaborative venture of NHRC and UNIFEM and is being carried out by the Institute of Social Sciences, New Delhi. The main aim of the Action Research is to study the trends, dimensions and magnitude of the problem of trafficking in women and children and to assess the types of existing responses to issues arising from trafficking.
The Institute of Social Sciences has submitted its final report.
Executive Summary of the Report
Full Report
Rights of Other Vulnerable Groups
Dependency on Forests for Livelihood and Its Impact on Environment A case of the Baiga Tribe of Mandla District, MP
This study was entrusted to the Lal Bahadur Shastri National Academy of Administration, Mussoorie, Up. It looked at the livelihood strategies of the Bagia people of Dindori district in Madhya Pradesh and their dependence on the forests.
The objectives of the recently completed study were to understand the conditions which impact the Baiga dependency on the forests; to see how the Baiga may get gainful employment; to see the relationship between Baiga livelihood patterns and government schemes; to analyse the impact of laws and policies on the Baiga people; and to suggest measures by which the Baigas can benefit through a sustainable use of their local
natural resources.
The report concludes that land based activities reduce dependence on forests and therefore a viable and sustainable model of agriculture is necessary. The report recommends that urgent steps should be taken to provide employment opportunities and access to credit, and infrastructure support for enhancing the capabilities of the Baiga people.
The Musahar: A Socio-economic study
The focus of this study which was entrusted by the Commission to the A.N. Sinha Institute of Social Studies, Patna, is Musahar - the most primitive scheduled castes and also considered to be one of the most untouchables. They are found in the states of Bihar, Madhya Pradesh and Jharkhand.
The objectives of the study were to observe the socio-economic conditions and life-style of the Musahar; to record their occupation and process of exploitation; to suggest strategies to save them from inhuman exploitation through child labour, prostitution, beggary etc.; and to ensure sustainable developmental inputs based on indigenous raw material.
The study has been completed. It recommended that a Special action programme be drafted and implemented for the holistic development of Musahar.
Follow-up action was taken after the submission of the report. Based on the recommendations made, Mr. K.B. Saxena, IAS (Retd) prepared an Action Plan to alleviate the conditions of the Musahars. The findings of the study along with the Action Plan were sent to all concerned Ministries in the Government of India and to the Government of Bihar.
Rights of Mentally ill
Quality Assurance in Mental Health
National Institute of Mental Health And Neuro Sciences (NIMHANS), Bangalore conducted a study on 'Quality Assurance in Mental Health'. The Objectives of the study were to prepare a plan of action for improving conditions in mental hospitals in the country and enhancing awareness of the rights of those with mental disabilities.
The Main recommendations, inter alia, include -
Provide out patient services preferably in a separate block;
Provide twenty-four hours casualty and emergency services;
A short stay ward of five to ten beds to admit emergency cases;
To provide open ward with a provision for a relative to stay with the patient;
Provide for intensive care unit with separate nursing staff, ward attendants, etc.;
Kitchen and dietary services should be under supervision of a dietician and should have facility of stainless steel vessels, adequate storage facilities, cold storage for perishables;
Provision and supply of clean and fresh linen;
Medical store with facilities of telephone, refrigerator to store certain drugs to retain potency;
Hospital should have a medical records section headed by an officer trained in handling of medical records;
Their should be proper facilities to dispose both hospital waste and food waste;
Their should be a central sterilization and supply department;
The medical superintendent / Director should have administrative / financial and legal powers to ensure proper functioning of the hospital;
Provision of well structured rehabilitation center attached to hospital;
Provision of a day care center with a structured activity schedule;
Adequate provision of mental health professionals, clinical psychologists, psychiatric social workers and psychiatric nurses with in-service training programmes;
A separate estate department in the hospital for preservation and maintenance of the estates, lands, properties and infrastructure of the hospital;
Provision of residential accommodation to atleast for 50% of the staff and for all emergency duty staff and payment of special allowance to motivate the staff to work in the mental hospital;
A monitoring mechanism at internal and external level and to strengthen the central health authority to monitor the mental health activities.
As on date copies of the report were sent to all the mental hospitals in the country and also to the State Health Secretaries for necessary follow up action.
On-going Research Projects
Civil and Political Rights
Poor People in custody:experience of biases in the criminal justice system
This Study, which was entrusted to Action Aid India, explores the biases against the poor persons in the criminal justice system.
The objectives of the study are to ascertain the experiences of poor people during judicial or police custody; to find-out if the D.K.Basu Judgment directives are physically put up in select police stations; to explore the functioning of the legal aid system in select courts; to find out about visitation of the district judge to the prison;
and to ascertain the functioning and benefits of fast track courts in prisons.
The outcomes of the study would be recommendations on systemic improvements in jail administration and legal reform, especially measures to eliminate biases against poor and socially disadvantaged persons in jails; to ensure that Undertrials are not detained beyond appropriate time; to extend support to women and children in and outside the jail; to identify rehabilitation needs of the prison population; and to consider the alternatives to institutionalisation.
Economic, Social and Cultural Rights
A study to assess the promotion of Economic, Social and Cultural Rights in India.
This study is an attempt to assess the situation of economic, social and cultural rights (ESCR) in India. It was entrusted by the commission to the National Centre for Advocacy Studies (NCAS), a Pune based NGO. It was conducted in three States, namely, Maharashtra, Karnataka and Chhattisgarh.
The Core objectives of the Study are to analyse the Government’s resource allocation for the realization of ESCR especially the rights to food, health and education with particular reference to the marginalized (Adivasis, Dalits, Women and Children) and to explore civil society initiatives in helping people to claim ESCR.
The Study has been completed. The final report of the study has been received.
Women’s Rights
Research Study on Complaints made by Women at Police Stations at Bangalore
Vimochana – Forum for Women’s Rights, Bangalore is conducting the above study with the sole objective of finding out the kind of complaints that are made at police stations in Bangalore, how these complaints are handled by police personnel and whether the complainants are aware of their legal rights.
Vimochana is in the process of writing the final report.
Research Study on Domestic Violence Against Women in India : Nature, Causes and Response
of Criminal Justice System.
Sardar Vallabhbhai Patel National Police Academy, Hyderabad is conducting this study to find out the nature, extent and types of domestic violence committed against women by family members as well as to assess the effectiveness of legal provisions concerning domestic violence.
The study is likely to be completed by the Academy in September 2004.
Pilot Study of the Socio-Economic, Political and Cultural Status of Dalit Women in Haryana.
Maharshi Dayanand University, Rohtak is conducting this study to gauge how government’s special protective measures have enabled to improve the overall social, economic, political and cultural status of Dalit women in Haryana, as well as identify the impediments faced by them in attaining all round development.
The study is likely to be completed in September 2005.
Rights of Women Prisoners in Indian Jails: A Sociological study
This study has been conducted by the National Institute of Criminology and Forensic Science, New Delhi. Its objectives were to ascertain the socio-economic background of women prisoners; examine the nature, type and extent of vocational training facilities available to them so as to facilitate their rehabilitation; rights enjoyed by them in prisons and the role of prison officers in protecting their rights.
The draft report has been submitted by the NICFS. The final report is awaited.
Child Rights
Freedom Mortgaged and Furure Abandoned: Bonded Child Labour in Karnataka Silk Industries
Institute of Social and Ecopnomic Change (ISEC) has been assigned the project proposal by the Commission on 14-05-2004. The objectives of the project are to analyze the household conditions contributing to the occurrence of child labour and bonded child labour in the silk industry in Karnataka and to estimate the
magnitude of child labour and bonded child labour in sericulture in Karnataka. The project also proposes to analyze the policies and programmes of Govt. and Non-Govt. agencies in eliminating child and bonded child labour in silk industry and suggest ways to eliminate child labour and promote child rights.
The duration of the project is 6 months.
Current Trends in Child Labour: A Study Of Beedi Industry in Bharatpur-II Block, Murshidabad Distt, West Bengal
Surul Centre for Services in Rural Area (CSRA), Birbhum, West Bengal has been assigned the project on 9-3-2004 by the Commission. The Project highlights the plight of child workers in beedi industry. The children earn pittance working for 12 to 14 hours in this hazardous profession. The study will focus on home
based workers in rural areas. Ten villages will be selected as the study area which covers about 40% of the beedi making villages of the block. The data would be collected from beedi making children as well as from their parents, employers, local NGOs, blocks, gram panchayats, district officers.
The duration of the project is 12 months.
Implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000
Socio-Legal Information Centre, New Delhi is conducting this study to examine the existing status of the aforesaid Act so far as its implementation is concerned. The study would also make an effort to compile information on the best practices on juvenile justice.
The study is likely to be completed in July 2005.
Rights of Other Vulnerable Groups
Status Of Tendu Leaf Pluckers in Orissa
A study of their socio-economic conditions with special reference to children and the system of bonded labour
The objectives of the project are rnytusted to Human Development Society (HDS), New Delhito find out the socio-economic background of the tendu leaf pluckers and to analyze the dynamics of the tendu leaf trade process. The project also proposes to examine the extent of bonded labour system in tendu leaf trade and find out the social, economic and other problems faced by the pluckers and their families and suggest remedial measures that can be takenup to address the problems and to create a database on pluckers with a view to helping the policy makers and others concerned.
The study proposes to cover numerically top five tendu leaf divisions of Orissa. Pluckers belonging to Nawarangpur, Jeypore, Padampur, Patnagarh and Angul will be interviewed.
The project commenced in May, 2004 and the proposed time frame of the project is 8 months.
Human Rights Status of De-notified and Nomadic Tribes in Delhi, Gujarat & Maharashtra
A Study of the Human Rights Status of Denotified and Nomadic Communities of Delhi, Gujarat and Maharashtra has been assigned by the Commission to Prof. G. N. Devy, Trustee, Bhasha Research and Publication Centre, Baroda on 29-03-2004.
The objectives are to study the economic status and occupational patterns of the communities selected for study; patterns of encounter with the police department; incidents of custodial deaths of persons belonging to the communities selected for study; the levels of legal awareness and legal literacy among these communities;
and the engagement of these communities with the electoral processes.
The duration of the project is 1 year.
Rights of the Disabled
NHRC-CHRC -IGNOU Linkage Project on ‘Human Rights for persons with Disablities’
It is a collaborative project between the National Human Rights Commission and the Canadian Human Rights Commission, with Indira Gandhi National Open University, Delhi as partner.
The Objectives of the project are to create conditions for effective use of Human Rights Instruments for protection of the rights of persons with disabilities. The initiative would also encourage and advise on the development of jurisprudence in the area of human rights of persons with disabilities that may be of use to national and international advocates.
For raising awareness of human rights of persons with disabilities, strategic interventions were planned. The thrust remained on improving the capacity of academic and advocacy organizations for better application of domestic and international human rights law in the promotion and protection of the rights of disabled. For grounding firmly the human rights perspective on disability, the project worked towards effecting change in the programmes of legal and human rights studies. It has also prepared a small cadre of master trainers capable of serving formal and non-formal programmes of human rights education and awareness. To facilitate effective delivery of disability and human rights component in the study programmes, an impressive body of resource materials and references have been compiled and widely shared. These materials present:
a) An in-depth analysis of legal frameworks and their relevance in the disability context.
b) Examples of jurisprudence- disability specific or those which are helpful in clarifying the content of rights, obligations of the State and the broad human rights principles.
Two manuals, 17 research papers make up the resource kit, which also includes a curriculum design for a course in Human Rights Disability and Law and a Bibliography.
These programmes culminated in a National Conference on Disability held on 23 June, 2005 at New Delhi. The one-day National Conference was divided into two sessions. The first Session was devoted to “Human Rights Education and Disability” while the second Session was on “Systemic improvements for better protection of Human Rights of persons with disabilities”.
Estimating precise costs and providing level playing field to Persons with Disabilities (PWDs)
This study was entrusted by the Commission to the National Association for the Blind, New Delhi and is strong conducted in Rajasthan, Orissa and Karnataka.
The study will first quantify the additional costs of living of the PWDs based on degree of disability, region of habitation, type of employment possibility, social setups and topography. This information is proposed to be disseminated among International bodies, Central Government organizations, State Governments and NGOs. Other core objectives are to assess the gap between the minimum support needed by PWDs as producers (contributors to the economy) and consumers (user of social services), and to recommend steps to bridge
this gap through better utilization of existing schemes, the introduction new schemes, and the utilitzation of community resources and individual professional skills.
The final report of the study has been received.
Study on the efficacy of a district level mechanism for securing rights and entitlements of people with disabilities as guaranteed in the National Trust Act, 1999
Entrusted by the Commission to the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, this study will explore the factors that promote the effective functioning of a District Level Committee (constituted under the National Trust Act), or conversely, the factors that impede the success of such a Committee.
The objectives of the study are to assess the level of awareness, knowledge and motivation of the members of the District Committees and of people with disabilities, their families and community covered under the National Trust Act; to assess the readiness to integrate disability dimension in the mainstream of district level systems and to discover ways and means of putting disability issues higher on the District Magistrate’s list of priorities.
The study is in progress.
Rights of the Mentally ill persons
"Operation Oasis" - A study related to mentally ill persons in West Bengal.
Sane and Enthusiast Volunteers' Association of Calcutta (SEVAC), a Kolkata based NGO was assigned the project by the Commission in March, 2001. The objectives of the project were to determine the percentage of mentally ill and mentally disabled among the inmates of jails and other custodial homes in West Bengal, to assess their living conditions to determine whether the human rights of inmates are adequately protected or not.
The project was implemented in : -
Dumdum Central Correctional Home (Male)
Presidency Correctional Home (Female)
Berhampore Central Correctional Home (Male and Female)
Mahalandi (Male & Female)
Uttarpara (Female)
Dhakuria (Male)
S.M.M. Home, Liluah, Howrah (Female)
The time frame of the project was for three years and was to be completed by the end of June, 2004.
Programmatic Intervention for the abandoned patients in three mental hospitals - Institute of Mental Health & Hospital, Agra, Gwalior Mansik Arogyashala, Gwalior and Ranchi Institute of Neuro Psychiatry and Allied Sciences, Ranchi
Actionaid India, New Delhi will hold sensitization workshops for the attendants and nursing staff of the three mental hospitals. There would be 4 workshops each in the three mental hospitals over a period of two years. Out of the 12 workshops, six were proposed to be supported by Actionaid India. For the remaining 6 workshops, financial support from NHRC was sought for Cadre Building and Sensitization workshops.
The Commission has extended its support for the above mentioned components of the project. One training programme and one sensitization workshop has been conducted by Actionaid India so far.
The project commenced in November, 2002 and is for a period of 2 years.
Right to Health
Victimology-"Trauma Counselling for the victims of Gujarat Violence"
Swanchetan Society for Mental Health, New Delhi was assigned the project by the Commission on 29-07-2002. The proposal was processed in the Commission in the backdrop of large scale violence occurred after the Godhra incident in February 2002. The fear in the minds of the people has become very deep rooted and the situation prevailing in the State was such that the trauma faced by the people was intense. The affected children were showing symptoms like hyper-alertness, nightmares and hyper vigilance. As taking care of such a large number of people would involve a long process and a number of volunteers, the organization has agreed to give training to the faculty and PG students of M. S. University, Baroda who have volunteered to work in Gujarat.
Initially, the study was for a period of one year. The second and final phase of the project ended in March, 2004.
Human Rights Education
Developing Source Material on Human Rights Education in Indian Universities" Karnataka Women's Information and Resource Centre (KWIRC), Bangalore.
The KWIRC has been assigned a Project for developing source material on human rights education in Indian Universities by the Commission on 21-03-2003. The project is in progress and was expected to be completed by the end of June, 2004.
Review Of the Status Of Human Rights Education of India
National Institute of Human Rights (NLSIU), Bangalore has been assigned the project by the Commission on 24-2-2004. The project aims to study broadly the status of Human Rights Education in India at the University level while the main objective is to prepare a report on the status of human rights education in India documentation of syllabi and other materials is also included in the project.
The research project is for a period of one year.
Action Research on Trafficking in Women and Children in India 2002-2003
Executive Summary
Trafficking in women and children is a gross violation of human rights. The commercialization of innocent lives is not only a serious crime but an abuse of inherent human dignity that results in physical/social/mental damage to millions of lives every year. However, the existing systems in the spheres of prevention, protection and prosecution are not adequately geared towards tackling this complex problem in a holistic and rights-based manner. The definitional and conceptual understanding that guided anti-trafficking work so far has equated trafficking with ‘prostitution’. It has, therefore, limited the scope of addressing different forms of trafficking. It fails to address the vulnerability of the victims and the process that put them in a situation of abuse as victims of commercial sexual exploitation (CSE). It places the onus of abuse on the victims themselves and refrains from addressing the abuser/perpetrator. In most countries, legal provisions dealing with trafficking are designed to address ‘prostitution’ and not trafficking. Trafficking has not yet been prioritized as a ‘serious crime’ and it is still being dealt with as a minor offence as it is equated with ‘prostitution’.
One of the most important constraints in developing sustainable and comprehensive strategies to combat trafficking has been the lack of validated data and information. It was to fill this gap and to collect reliable data that the National Human Rights Commission (NHRC) launched this Action Research on Trafficking in Women and Children, with the involvement of the Department of Women and Child Development, Government of India. UNIFEM, which is committed to the cause of women and girl children, and has supported national level researches on trafficking in Nepal and Sri Lanka, extended their partnership to NHRC and sponsored this project. The research was a multi-centric study carried out in 13 states/UTs under the academic insight of a reputed research institute, the Institute of Social Sciences, with the technical and financial support of UNIFEM. The objective of this research was to study the trends and dimensions of trafficking in order to identify the vulnerability factors and issues so that it would facilitate the response systems in developing and implementing holistic policies and programmes to combat trafficking.
The primary data was collected by interviewing 4006 persons falling under seven categories, spread over 13 states/UTs. These categories are a) victims of CSE, b) survivors, c) brothel owners, d) traffickers, e) clientele, f) trafficked children rescued from exploitative labour and servitude, and g) police officials.
Out of the interviewed survivors and victims who were trafficked for CSE, the maximum (29.5%) were from Andhra Pradesh, followed by Karnataka (15%), West Bengal (12.5%) and Tamil Nadu (12.3%). Intra-state trafficking was also observed to be very high in almost all the states studied except Delhi and Goa.
It cannot be claimed that the research has answered all the questions/concerns and dilemmas that surround this multidimensional problem. But is has definitely made an attempt to unravel some of the key issues and pose critical questions on those that need further study and exploration. Several recommendations and suggestions, to address the problem, have also been put forward. The data collected and analysed is in no way exhaustive but is definitely indicative of the problem and its dimensions. The numbers do give a comprehensive picture on the nexus of trafficking and how it works, who the victims are and why they are victimized. They are also very useful in understanding the socio-economic backgrounds of the people involved and how the law impacts their lives. The highlights of the findings of the field research are given below:
464 Victims of commercial sexual exploitation interviewed
Age group: 13-15—1.9%; 16-17 – 2.8%; 18-21–-14.7%, 22-35—68.5%
Starting life in brothels: 44.3% when<18 years; 22.9% when<16 years
Age at marriage: 60.6% were married as children
First sexual experience: 73.3% when <18 years; 45.6% when<16 years
Age at the commencement of brothel life: 22.9% when they were less than 16 years, 44.3% when they were less than 18 years
51.9% stated that their traffickers were males and the rest said that the traffickers were females
Modus operandi adopted by traffickers: 68% were lured by promises of jobs and 16.8% by promises of marriage
70% of the victims were from deprived sections of society
A total of 1,092, traffickers were involved in trafficking 437 respondents. This shows the nexus among traffickers
Savings: 61.3% had no savings despite being exploited in brothels for several years
10% of the respondents were subjects of re-trafficking
72.5% had been convicted earlier on charges of soliciting.
561 Survivors of commercial sexual exploitation interviewed
20.7% were children below 18; mostly from West Bengal, Maharashtra and Tamil Nadu
61.7% were already being exploited in brothels before the age of 18
51.7% were from deprived sections of society
Age at first sexual experience: 41.35% at 7-15 years of age
Age of entry into CSE: 61.7% when they were less than 18 years of age
24.2% had been rescued earlier and were victims of retrafficking
57.9% were arrested by the police earlier
15.4% had to bribe the police for release
40.9% were released by brothel owners
75% were trafficked by two or more persons
Average number of clients was seven per day
10% of customers were students
Main modus operandi of trafficking: 62.4% were trafficked by lure or deception
Family members accepting payment from traffickers: 18.3%
Health factor: 32.3% had health problems, and among them 8.3% had HIV, 30.4% had STDs and 17% had other gynaecological problems
852 Clients interviewed
Age: 26.6% -- 16-25 years , 26.5% -- 26-30 years
Less than 18 years: 14 respondents
Youngest client interviewed was 16 years
45.5% were married and 72.9% of them were living with their spouses 82.3% of the married clientele had wives below 35 years of age
85% were local residents
93.8% were frequent visitors to brothels
First sexual experience: 7.6% when they were 10-15 years, 33% were when they were 16-18 years
34.2% had first sexual experience at home, 35.7% in brothels
Preference patterns in brothels: 39.2% prefer young girls, 29.9% go for looks and body shape
Reasons for preference for young girls: 53.3% feel they are more submissive to exploitation, 33.8% due to fear of AIDS and other diseases
Only 67.9% use condoms and 32.1% do not go for safe sex measures
26.5% take the victims of CSE to their homes
26.5% never encountered police in brothel – explains poor law enforcement against abusers. Regression analysis shows that police inaction is a significant factor that prompts clients to visit brothels frequently.
412 Brothel Owners interviewed
67.2% were victims of CSE before becoming brothel owners (BO), 11.4% had inherited the brothel
At the time of interview 393 BOs had a total of 2,702 victims of CSE in their brothels, that is, an average of seven victims of CSE per brothel
At the time of interview, 860 children were being exploited in the brothels. They are awaiting rescue
198 brothels had 615 girls who were 17-18 years of age
82 brothels had 245 girls who were less than 16 years of age
The highest demand is for virgins
Clients include 21.8% students and 53.4% businessmen, as stated by the BOs
Linkage with traffickers: 75.7% have direct dealings with traffickers and others use conduits
73.8% said that customers have specific demands and supply is made by them based on demand
High profit confirmed: Maximum earnings are made from children in CSE
34.5% had not faced any police action – speaks about poor law enforcement/nexus
53.4% stated that they avoid arrest or police action by bribing the concerned police officials
160 Traffickers interviewed
There were both male and female traffickers (among the respondents, the ratio was approximately 50-50)
37.5% of the traffickers were in their thirties, and 23.1% were in the age group of 18-30 years
90% were Indians; 10% were Nepalese
Modus operandi of traffickers: 51.9% lured their victims with promises of jobs or money, 16.3% with false promises of marriage
Money spent on trafficking the victims: 26.3% of the respondents spent less than Rs. 5,000 per trafficked person
57.5% stated that the money is arranged by brothel owners/pimps
60.6% said that they gave money to the families of the trafficked victims.
510 Rescued children, trafficked into labour, interviewed
Age group: 6-10 years – 14.7%; 11-12 years – 21%; 13-14 years – 27.6%; 15-18 years – the remaining children
Reasons for leaving studies: 34.2% due to poverty/no means; 27.9% to earn for the family, 18.3% because of physical abuse by family members
Age at the time of trafficking: 37.8% were 10 years or less, 41.7% were in the 11-14 age group
Trafficking en masse: 50% of the victims were trafficked in groups
Modus operandi of traffickers: 74.5% were lured by promises of jobs
Trafficking: 39.6% held family members or relatives responsible
Exploitation at workplace: 39% were physically abused, 11.8% verbally, 12.4% sexually, 36.2% were victims of multiple abuse and only 0.6% had no complaints
69.8% had no freedom to move
30.4% tried to run away but failed
33.8% had health problems
54 respondents suffered permanent physically disability due to exploitation
The study has brought out some important facts and figures regarding trafficking. It has illustrated a strong linkage between trafficking and migration. It has provided us with the understanding the addressing the vulnerability of migrants is an important tool to prevent trafficking. There is an added dimension in trafficking because of unconventional means of commercial sexual exploitation like sex tourism and exploitation in massage parlours, beer bars, etc. These have created a high demand for children. There are not many initiatives to understand and address these issues except for a few like the Goa Children’s Act, 2002. Similarly, a clear linkage has been established between trafficking and those reported missing. It has also brought to light that an average of 22,480 women and 44,476 children are reported missing in India every year. Out of which 5,452 women and 11,008 children continue to remain untraced.
All these exemplifies that trafficking is a complex phenomenon with many facts and to prevent/combat it, a thorough knowledge of the regular trends as well as its changing aspects have to be understood well. The study has also drawn up a psycho-social profile of the survivor. The harm and disability caused to the individual and society has been calculated in monetary terms and a staggering amount has been worked out. The need for providing appropriate care and attention to the survivors as well as for developing protocols and guidelines that would be in their best interests has clearly emerged as a priority need.
The chapter on the legal framework gives a bird’s eye view of the international/regional/national systems and structures that are in place. There is no doubt that the Immoral Traffic Prevention Act, (ITPA)1956, is a social legislation with a lot of inherent strength to combat trafficking. The legal regime, no matter how well meaning, has little relevance unless the laws are properly implemented. A Study of the law enforcement scenario shows that the various provisions of ITPA are underutilized or not utilized at all. There is enough evidence to show that they are misused time and again. A total of 65,602 persons were arrested under ITPA during the five-year period of 1997-2001, out of which 87% were females. On the other hand, it was found during the course of the research that a large number of traffickers, transporters, brothel owners, clients and other such exploiters, who are mostly males, are untouched by the law.
Law enforcement is hampered by serious limitations as trafficking is a very complex crime, extending beyond the jurisdictional boundaries of law enforcement officials. This is further compounded by lack of proper procedures for assessment of age of the rescued victims, inadequacy of women police staff, and absence of training/orientation/infrastructure as well as public support systems.
In this context, the data collected by interviewing 852 police officials (117 senior officials and 735 middle/junior rank officials) presents the following scenario:
54.8% police officers give no priority at all to trafficking, 25.3 give it low priority, 12.2% consider it to be a medium priority issue and only 7.7% think it is a high priority issue
Reporting on trafficking appears to be only 40%. As stated by the police officers themselves, 60% of the cases go unreported
The sex-disaggregated data of law enforcement shows that 93% of those arrested, mainly under Section 8 A (ITPA), 95% of those chargesheeted and 90% of those convicted were women
40% of the police officials were not aware of the issue of trafficking
Only 6.6% of the police officials had undergone some sort of training/sensitization on the issue.
The justice delivery mechanism is another area that is in need of change and improvement, especially when it comes to orienting itself to human rights, gender issues, victimological principles and standardized sentencing policies. Moreover, the proceedings of the court as well as its ambience need to be made victim-friendly and less intimidating for women given the fact that the majority of the victims are women and children.
Prevention of trafficking is possible only with an integrated approach involving simultaneous action at the levels of protection of the rights of victims and survivors as well as prosecution and stringent action against exploiters. Community awareness and community involvement are essential to prevention. Good practice models of community policing in prevention have been observed during the study. Involvement of Panchayati Raj Institutions (PRIs) in anti-trafficking work has produced very good results in several states and should be replicated in other places as well. The media also has a large role to play in prevention. Moreover, political will is an essential requirement in the given context.
The government, through the Department of Women and Child Development (DWCD), has taken some important steps towards prevention of trafficking by introducing schemes like the SWADHAR and grant-in-aid programmes, which empower women and children by addressing their social and economic needs. However, a lot more needs to be done to bring in radical change in the given situation.
This action research by the NHRC has been a pioneering one in that it has combined social science research with real-world involvement and action at several levels. Broadly, these action programmes include:
Sensitisation of officials, creation of public awareness and generation of accountability
Facilitation of individual or group activities on prevention, protection and prosecution
Setting up a national network of government officials (Nodal Officers) in all states and linking them up with NGOs and INGOs across the country.
In all, more than 34 training programmes involving more than 2000 police officials, seven training programmes of judicial officers and 41 training sessions for NGOs and civil society members have been facilitated.
Recommendation and suggestions:
The recommendations and suggestions which emanate from the research have been put under the following categories.
Cross-cutting issues
Prevention of trafficking
Protection of victims and survivors
Prosecution of traffickers and other exploiters
Changes proposed in ITPA
Cross-cutting issues
It is important that all anti-trafficking interventions/initiatives should strictly follow the human rights paradigm, so that the rights of the trafficked persons are always protected. It is imperative to understand that this gross violation of human rights occurs due to many socio-economic factors that add to the vulnerability of the victims. Some of the main causes of vulnerability to trafficking, as the study shows, are economic and gender disparity, which limit women’s access to developmental processes. Apart from creating political will and making it a public issue, it is essential to set up a National Nodal Agency to coordinate various activities. There is a need to build up coordination among NGOs at the national level, develop GO-NGO partnership and also bring in corporate involvement. The issue of cross-border trafficking calls for effective bilateral cooperation and regional initiatives. Even though cross-border cooperation requirements cannot be geographically confined to the bordering districts, to start with, such systems can be built up on the border areas by involving law enforcement agencies and NGOs on either side.
Prevention of trafficking
In order to prevent trafficking, micro-studies should be carried out for vulnerability mapping of the source area as well as demand areas and simultaneously addressing these vulnerabilities. The role of the family has been found to be critical in prevention of trafficking. The community and the family should be sensitised to issues of gender, women’s rights and child rights. At the community level, community policing is an essential requirement. Special efforts need to be made to address cultural practices and the new forms of exploitation, viz. sex tourism. The media can play an important role in prevention and case studies have substantiated this. Prevention of cross-border trafficking calls for Rights Awareness Intervention Centres at appropriate places, as demonstrated by the SEVA model at Gorakhpur.
Protection of victims and survivors
The study has underlined the need for minimum standards of care and attention in rescue and post-rescue activities, conforming to human rights. Towards this end, a handbook of do’s and don’ts is required. After rescue, the victims should be provided with legal representation, medical care, psycho-social counselling and appropriate rehabilitative orientation/training as well as facilities for sustained livelihood. It is important that the victims should be segregated from the exploiters so that they are not further harassed.
Prosecution of traffickers and other exploiters
On the prosecution front, there is a need to ensure that all crimes are reported and registered so that legal action is taken. However, Section 8 ITPA should be used with a lot of care of make sure that the victims are not revictimised. The element of mens rea (intention) has to be investigated to find out who the real culprit is. For example, a child who is made to solicit, with or without mens rea, and an adult who is made to solicit under coercion, duress, threat, lure, etc. cannot be and should not be held liable or guilty under Section 8 ITPA. If the victim is a child, the Juvenile Justice Act has to be invoked. Misuse of local and special laws, resulting in harassment of women and children by branding them as ‘prostitutes’, should be stopped. The study shows that lack of training is a serious impediment to effective law enforcement and justice delivery. The concerned officials should be given specialized training so that they can bring issues of gender and child rights into perspective while implementing law or delivering justice.
It is important for designated government ministries/departments in charge of women and child rights to facilitate the process of ameliorating the shortcomings in the legal framework as well as strengthening social structures which can promote women’s and children’s rights. It is also necessary for the women’s ministries to monitor the implementation of the laws relating to trafficking in its entirety.
The second volume of the report is a compendium of 154 case studies developed during the research. Each case study has a theme and a message. For purposes of presentation, they have been grouped into five categories as below:
Case studies on the trends and dimensions of trafficking
Case studies on the vulnerability factors
Case studies profiling the exploitation and exploiters
Case studies on prevention and other proactive responses to trafficking
Case studies on law enforcement and other reactive responses to trafficking.
This report on trafficking in women and children in India is relevant for the government, all human rights agencies, civil society, the media, social activists and policy planners. It is a document, which will help all concerned to understand the issues in all its multi-dimensional aspects and assist them in preparing a holistic strategy to take appropriate steps for preventing and combating trafficking. No doubt, the study has established that serious human rights violations have resulted due to shortcomings on many fronts, but while identifying the gaps and shortcomings, it has also elaborated on the processes and actions, which have led to positive results. The action programmes that have already been initiated could be replicated/sustained and other long/short term programmes developed along those lines. It is up to the agencies concerned to prioritise their action plans and strategies accordingly. It is better late than never. Therefore, this is the time to act, as the agenda has been set. Further, the rich and voluminous database which has been built up from the field study can be a source of further study, research and documentation on various other issues not covered in this report.
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