Access to Justice is our Right, it’s not anyone’s donation or contribution for us:

The criminalization of trafficking flows from Article 23(1) of the Constitution, the highest law of the land, which states that – “Trafficking in human beings and ‘begar’ and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law”. Trafficking and Commercial Sexual Exploitation of Women and Children is a fundamental violation of their human rights. The social, physical, psychological and moral consequences of Commercial Sexual Exploitation (CSE) on women and child victims are serious, life-long and even life threatening.

Police officers always tend to believe in a harmful misconception that the victims of CSE were in the sex trade by choice. But they do not look at the other side of the coin that depicts their pathetic picture of socio-economic and cultural causes that carved them to be captured in to this vicious cycle of sex trafficking. The victims of trafficking suffer discrimination & exploitation with little or no legal/social protection. The support mechanisms for their Reintegration & Rehabilitation at household, community & institutional levels are very weak.

The one and only law that deals with the crime of Trafficking in Persons at present is the “Immoral Traffic Prevention Act 1956” which was majorly revised in 1986 contains the term trafficking in its title. No Indian law until 2013 had a definition of trafficking or a legal provision specifically against trafficking. The ITPA mainly addressed one of the two most common and widespread destination crimes of human trafficking namely the sex trade or commercial sexual exploitation. The Bonded Labour System (Abolition) Act 1976 had its own way of comprehensively addressing the offence of trafficking without labelling it as trafficking.

Through a much sought after amendment in the principal criminal law of the country the Indian Penal Code in the year 2013 the definition and offence of trafficking were incorporated in the law. Trafficking was also defined mostly as per the definition given in UN Optional Protocol to the UN Convention against Transnational Organized Crime, popularly called the Palermo Protocol though with a small modification. Section 370 of the IPC which earlier defined Slavery was changed to accommodate the new definition and offence of trafficking.

HELP facilitates victim/witness protection services to the rescued survivors of trafficking that plays vital role in conviction of the traffickers and other perpetrators involved in the crime of trafficking in persons. Simultaneously, HELP actively engage with law enforcement (Anti Human Trafficking Units) and Judiciary (District Legal Services Authorities) to ensure effective investigation of the trafficking cases and victim compensation and conviction to the traffickers which are prerequisites for the rescued survivors to trust the law of land. So that, HELP is creating a common platform for law enforcement, judiciary, other line departments such as Dept. of Women Development and Child Welfare as well as Civil Society Organisations and likeminded CBOs that helps in building and strengthening effective coordination and collaboration between all these stakeholders and in turn facilitates survivors to access their rights and entitlements while ensuring their criminal justice services.

HELP facilitates victim/witness protection services to the rescued survivors of trafficking that plays vital role in conviction of the traffickers and other perpetrators involved in the crime of trafficking in persons. Simultaneously, HELP actively engage with law enforcement (Anti Human Trafficking Units) and Judiciary (District Legal Services Authorities) to ensure effective investigation of the trafficking cases and victim compensation and conviction to the traffickers which are prerequisites for the rescued survivors to trust the law of land. So that, HELP is creating a common platform for law enforcement, judiciary, other line departments such as Dept. of Women Development and Child Welfare as well as Civil Society Organisations and likeminded CBOs that helps in building and strengthening effective coordination and collaboration between all these stakeholders and in turn facilitates survivors to access their rights and entitlements while ensuring their criminal justice services.

Over the course of its journey, HELP evolved as a key stakeholder in anti-trafficking domain extending amicable aid to strengthen the existing state-run systems and mechanisms to curb the clandestine crime of trafficking. As part of its meaningful collaboration with the government, HELP is imparting trainings to police officers and judiciary (public prosecutors) on pre and post rescue protocols, efficient investigation methods of trafficking cases, victim/witness protection services keeping in view of the socio-cultural aspects of the survivors mainly child friendly approaches in investigating the cases of child trafficking as well.

HELP facilitating the process of accessing Victim Compensation to the rescued survivors of trafficking right from submission of application to the honourable court of law and subsequent follow-up with the help of anti-trafficking lawyers trained by HELP. In addition, HELP is facilitating mock trail to rescued survivors through the public prosecutors to ensure effective deposition before concerned court of law to ensure conviction of the traffickers and other perpetrators involved in the crime.

HELP has facilitated nearly 20 survivors of Human Trafficking to apply for Victim Compensation which are under process and 2 survivors have accessed the support. The organisation is supporting the rescued survivors in obtaining their court certified copies from concerned courts of law which are required to apply for the compensation. HELP is facilitating the survivor leaders in submitting representations to State Legal Services Authority requesting to direct the DLSAs to accelerate the process of VC which plays vital role in building their resilience and trust on legal system of the country.

HELP is in need of dedicated lawyers who are interested in practicing cases of Human Trafficking in the best interest of the rescued survivors of trafficking to improve their access to justice so as to increase the conviction rate of the traffickers and also to facilitate timely and effective victim compensation support from respective District Legal Services Authorities. This entire process requires a comprehensive case management system including technical support which is possible only with the enhanced helping hands of multiple stakeholders from both Government and Non-Governmental organisations/agencies, individuals and institutions.