During cross-examination the witness disowns her statements and makes contradictions or omissions in many cases, compelling the prosecutor to declare the witness as hostile.
Moutam Bhagyalakshmi, Assistant Sub Inspector of Warangal Police Commissionerate, was a part of that district's AHTU until April. She says, "Conviction depends on the victim and their statement. Often when we go to the victim's home for trafficker identification, most victims have already been compensated financially to hush it up. It is disheartening; we work hard to fight for them." She further states, "They get trapped into this business only for money."
Advocate Naresh Kavadi, High Court of Telangana, says, "Some of the witnesses who depose are key eye-witnesses to the crime. Thus, the edifice of the criminal case collapses if the witness turns hostile. Unless the investigating machinery and courts do not take action against such practices and send a message loud and clear that such conduct will be frowned upon by the lodging prosecution, conviction rate won't improve, and social order will not be maintained."
Sensitisation of judiciary
Not only victims but also women, in general, should be sensitised towards the police, judiciary and legal proceedings. Dr Farzana Khan is the Head of Programs, MyChoices Foundation, a Hyderabad-based non-profit organisation for women and children of abuse, violence and exploitation. She states, "We don't have a robust criminal justice system. Women are not able to get justice due to a lack of awareness and inhibition to get into the legal side because it is a long and tedious process. Hence, the low conviction rates."
Changing nature of the crime
A 2021 red alert report by the United Nations Office On Drugs And Crime (UNODC) notes that the pandemic has turned advantageous to traffickers. "Traffickers are using technology and the internet due to its easy access across a large group of potential victims where traditional physical and geographical limitations no longer exist," the report states.
Social networking sites and online dating platforms are serving as recruiting tools where people's data on personal information and their locations are readily available.
In Telangana, this heinous crime has extended to several segments of society. Prof. Niumai says, "Brothels are no longer relevant today as apartments flourish as the new hubs." However, there are two more interesting perspectives on this.
On the one hand, Andhra Pradesh High Court Advocate T.K. Sridhar says, "Women earlier didn't come into the public domain; having come out, there are fewer complaints. OYOs are centres for such activities. Even if the police raid hotels, victims are often trained by traffickers to admit they are in a happy relationship with the man (customer)."
On the other hand, Advocate Kaushik Gupta has contradicting views. He furiously says, "Sex shouldn't be seen under a moralistic lens. Moreover, voluntary adult sex work should be legalised under the Workman Industrial Disputes Act of 1947."
Shelter homes and social stigma
The institutionalisation of victims in government-run shelter homes is mostly forced. They either have no families, or their families refuse to support their recovery and rehabilitation. "Shelter homes restrict the victim's movement. Girls come here with an internal injury. They are angry at their families and everyone around them because they've been deceived," says Prof. Niumai.
Addressing this issue, Advocate Kavadi spoke about specific measures that could be taken to correct this situation. "Consent of the victims should be taken by mental health professionals who don't have a stake in running these shelters. They ought to have the right to reject institutionalisation," he suggests.
Community-based rehabilitation
In order to achieve justice, victims should be empowered by the government, community and their families to present substantial evidence and courageously testify during prosecution. Society, especially, plays a significant role in creating conditions of self-sufficiency and independence. It calls for acceptance; so that they can move on from their trauma, and reintegrate into society. Advocate Gupta, who is a strong supporter of community-based rehabilitation, says, "The community around the victim and her household must be sensitised. She should be treated as a survivor and not as a co-accused."