Awaiting justice / Photograph by coldsnowstorm
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Trauma pushes women to give up pursuit of justice
Trauma pushes women to give up pursuit of justice
According to the 2020 National Crime Records Bureau (NCRB) data, the conviction rate for human trafficking in Telangana lies scant at 1.9%. Inspite of a humongous charge-sheeting rate of 98.4% for the 184 cases registered that year, there lies a glaring gap between the investigation and punishment for this criminal activity.
Number of cases recorded in Telangana from 2018-2020 / Graphic by Sahela Jay
Four feet away from me, sits Asma Begum, 28, carefully hemming an eye-catching green blouse at her home.
Three years ago, she was approached by local recruiting agents to work as a sales executive in a garment store in Sharjah, for 1000 Dirhams a month.
On reaching there, she was taken to an 'office' where she found three more Indian girls being trafficked just like her.
She said, "Ek ek sheikh aa rha tha aur pasand karke leke ja rha tha mereko. Wahan meri saade teen lakh ki boli lagi thi, chaar saal ka agreement tha, aur mereko khud maalum nahi woh." (Sheikhs kept coming and taking me with them. I was sold for Rs. 3.5 lakhs on an agreement for four years, which I was unaware of.)
Asma was then illegally taken to Muscat and sold to an Arab family to work as a khadama (house help), where her phone was confiscated and she was sexually assaulted repeatedly.
The Ministry of External Affairs, Government of India, rescued Asma when her mother approached the Inspector of Police, Habeeb Nagar, Hyderabad. Despite the immense suffering she has experienced as a sex trafficking victim, her dream of a better life holds firm.
Trauma as a barrier
Trauma as a barrier
Prof. Ajailiu Niumai, Head, Centre for Social Exclusion and Inclusive Policy, University of Hyderabad, has researched human trafficking in India over the past 13 years. She helped several survivors from Northeast India who were rescued by the police in Hyderabad to be re-integrated with their families.
On low conviction rates, she says, "A victim carries the pain and trauma until her death. She exits the situation because she is at a tipping point within that exploitative cycle. It is up to her to either approach the police to make a statement or not."
"For the police, there is money in an insurgency, they receive funding from the government to deal with such cases. They do not get much funding to deal with human trafficking."
Advocate Kaushik Gupta speaking at a conference by Human Rights Law Network (HRLN) / Photograph by HRLN Twitter
AHTUs and their critical role in investigating trafficking cases
AHTUs and their critical role in investigating trafficking cases
Human trafficking cases are perpetually organised and spread over different sites across states. This requires power, resources and privilege that may not lie with a local police station (PS). "Usually, cases are registered with a local PS. Due to their apathy or lack of resources, they keep their investigation localised," says Kaushik Gupta, Advocate, High Court of Calcutta and member of Tafteesh - an anti-human trafficking collective.
Often, local police officials have to cope with the pressures of maintaining law and order within their jurisdiction. Hence, they may prioritise cases with higher chances of prosecution.
"For the police, there is money in an insurgency, they receive funding from the government to deal with such cases. They do not get much funding to deal with human trafficking," said Prof. Niumai.
Telangana has established 31 Anti-Human Trafficking Units (AHTUs), which are specialised task forces. These were created in 2008 upon the directives given by the Ministry of Home Affairs under the Nirbhaya Fund to expeditiously carry out human trafficking investigations.
One of them is the AHTU in Rachakonda was formed on July 30, 2020 the occasion of "World Day Against Trafficking In Persons." Mahesh Bhagawat, Commissioner of Police, Rachakonda expressed the need to trace and curb the crime right from the source to the destination. He stated, "We are working hand-in-hand with the prosecution. I strongly feel that we will achieve convictions in our jurisdiction."
CP Bhagawat (middle), Sunita Krishnan (left), founder, NGO Prajwala and Rachkonda AHTU Inspector K Chandra Shekhar (right), during the coordination meeting with NGOs and stakeholders of anti-human trafficking campaigns / Photograph by Rachakonda Police
Witness turning hostile
Witness turning hostile
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."
"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."
Sensitisation of judiciary
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."
"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)."
Changing nature of the crime
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
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.
Shelter homes must prevent confinement and indefinite detentions / Photograph by Global Giving
Community-based rehabilitation
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."
In case of emergency, Dial 100 or Dial 1098
You can also reach out to the Women Safety Wing, Telangana Police at 9440700858.
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