APPM PSOs 532 to 537 enumerate investigation procedure.

Definition of Sex and Gender :

• Sex refers to the biological differences between male and female people. Sex is fixed and does not change over time, across countries, and across cultures.
• Gender refers to the social differences between men and women, girls and boys. It is what society tells different men and women, girls and boys from different social groups about their roles and responsibilities.

Gender Equality:

Gender equality is often understood as equality of opportunity. This means that women and men, girls and boys, are not discriminated against in access to opportunities.

Sex-disaggregated data:

Sex-disaggregated data is that which shows the differences between the situation of women and men, girls and boys. Sex-disaggregated data are necessary for good gender analysis.

   Gender-sensitive :

A gender-sensitive policy addresses the different situation, roles, needs and interests of women, men, girls and boys.

  Gender-Blind :

Gender-blind policy ignores the different situation, roles, needs and interests of women, men, girls and boys.

-> Crime Against Women, is defined as, any crime/offence under the IPC & other Special acts/ laws wherein women are victimized and include crime       under the following heads:

• Dowry Murder (498(A), 302 IPC)
• Dowry Death (304 (B) IPC)
• Abetment to Suicide (498 (A), 306 IPC)
• Harassment (498(A) IPC)
• Murder (302 IPC)
• Dowry Prohibition Act (3,4 and 6 DP Act)
• Rape (376 IPC)
• Kidnapping (363,369 IPC)
• Outraging of Modesty (354 IPC)
• Bigamy (494,497 IPC)

G.Os Pertaining To Police & Revenue Duties W.R.T Dowry And Domestic Violence :

• To convene quarterly District Advisory Board Meetings to ensure Dowry Prohibition, educating masses etc.
• Dowry Prohibition Officers (RDOs) to be more proactive (G.O.Ms. 69 of WCD of 24th June 1989)
• Educating public about the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules -1985.
• Under Protection of Women from Domestic Violence Act -2007 project directors and ICDS in the districts are designated as protection officers (G.O. Ms. No. 22 of WD CW & DW Dept) and RDOs as POs (G.O.Ms.No. 314 of Revenue (Services.I) Dept. dtd: 11.3.08) to be strengthened with supporting staff.

Summary of Circulars & G.Os :

Anti Human Trafficking Initiatives Of Telangana :

1) Definition of Trafficking: (Art. 23 of the constitution)

The definition of Trafficking can be found in the various sections of ITPA (Immoral Traffic (Prevention) Act, 1956. Section 5 speaks about procuring, taking and even inducing a person for the sake of prostitution. According to this section, even attempt to procure and attempt to take or causing a person to carry on prostitution amounts to trafficking. Therefore 'Trafficking' has been given a broad scope. (Ref: UN Protocol to prevent, suppress & punish Trafficking in Persons, 2000).

A legal definition of trafficking is available in the Goa Children's Act 2003. Though it is focused on child trafficking, the definition is comprehensive. Under Sec.2(z) of the said Act 'Child Trafficking' means 'the procurement, recruitment, transportation, transfer, harboring or receipt of persons, legally or illegally, within or across borders, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of giving or receiving payments or benefits to achieve the consent of a person having control over another person, for monetary gain or otherwise'.

If a woman or child is sexually exploited and any person gains out of the same, it amounts to Commercial Sexual Exploitation (CSE), which is a legally punishable offence wherein the culpability lies against all exploiters.

A victim of Commercial Sexual Exploitation and Trafficking is called VOCSET.

2) Human Trafficking is the contemporary manifestation of slavery, whose victims are predominantly women and children. No country today is immune from human trafficking. Victims are forced to work as sex workers, bar dancers, beggars, camel jockeys, in hazardous work on farms, as domestics, as child soldiers, and in many forms of involuntary servitude. According to UN estimates nearly 2 million women and children are abused and trafficked globally every year and millions more are trafficked within their home countries.

There is growing concern over the serious human rights, public order, economic, public health, HIV / AIDS and security implications of human trafficking around the world. This 'Commerce in Human Life' generates billions of dollars each year, much of which is used to finance organized crime. It is the 3rd biggest organized crime after drugs and arms. Human trafficking is increasingly being perpetrated by organized, sophisticated criminal enterprise.

3-A) The process means and end of human trafficking is listed below :

3-B)Till 2005, we were prosecuting the 'Victims' under ITP Act 1956. The next dimension as per National Human Rights Commission (August 2004 Report) is that commercially sexually exploited victim is a victim of circumstances beyond her control and thus we must focus prosecuting the traffickers.

We must adopt three P's (Prevention, Protection & Prosecution) and three R's (Rescue, Rehabilitation and Reintegration).

Treat the 'victim' (VOCSET - Victim of Commercial Sexual Exploitation & Trafficking) with care and concern, rescue the victims following rescue protocols and arrest the traffickers of all hues under non-bailable sections (Sec.366-A, 366-B, 372, 373, 376(2)(g) IPC along with ITP Act provisions, when minors are subjected to commercial sexual exploitation. Taking action against brothel keepers for closure of brothels u/s 18 of ITP Act and Sec.133(6) Cr.P.C.

4)A.P is the First State in the country to start AHTUs (Anti Human Trafficking Units) under a joint partnership programme of UNODC (United Nations Office on Drugs & Crime) and MHA (Ministry of Home Affairs) (D.O.Lr.15011/57/2004-05 - SC/ST Cell (ATC) dt.4.9.06 of Jt. Secretary, Govt. of India, Ministry of Home Affairs, New Delhi) Two AHTUs started functioning w.e.f 22.1.07, at Eluru (under DIG E/R Eluru) and at Anantapur (under DIG A/R Anantapur).

5)A.P. Police Academy has taken a massive empowerment exercise in collaboration with UNODC and MHA and as on 25th May, 2009, 1985 I.Os, 2749 supporting officers and 789 APPs, NGOs etc were sensitized and empowered.

6)We must concentrate at source Villages / Towns / Cities, Transit places like Bus Stands, Railway Stations as a part of prevention / protection drive. Conduct rescue operations at places of Destinations.Involve the PRIs (Panchayat Raj Institutions) in prevention and reintegration programmes. Open History sheets / Suspect sheets under PSO 596 and 600 of APPA against Traffickers, share intelligence across the country to make a dent on their network.

Bonded Labour :

Exploitation is the benefit of one to cause unfair loss to another. In case of exploitative labour, it may relate to:

• Living and working conditions - not unholding Fundamental rights.
• Not giving fair way or minimum wage.

The person may not have offered her / his services voluntarily forced or compulsory labour is all work or service which is exacted from any person under the menace of any penalty and for which this said person has not offered himself voluntarily. (12.3 million forcedlabour in the world).

7) Notable G.Os are :

• G.O.Ms No.1 of Women Development, Child Welfare and Disabled Welfare (Progs) Dept dt.3.1.2003 regarding Prevention, Rescue, Rehabilitation, Anti Trafficking Measures, Economic Empowerment of Victims of CSE, Health care etc.
• G.O.Ms.No.28 of Women Development, Child Welfare and Disabled Welfare (Progs) Dept dt.4.7.2003 regarding setting up of a Relief and Rehabilitation Fund for victims of atrocities - Payment of Rs.50,000/-to the victims of sexual exploitation.
• G.O.Ms.No.13 of Women Development, Child Welfare and Disabled Welfare (Progs) Dept dt.21.4.2008 regarding enhancement of immediate relief fund from Rs.5000/- to Rs.10,000/-to the children / women who are rescued from trafficking.

8) Providing Victim / Witness Support is another important aspect to motivate victims to give evidence in courts to ensure conviction of traffickers. Low conviction rate is due to lack of Victim / Witness Support Fund.

9) Law: Human trafficking is not comprehensively defined in any Indian law. However there are many laws where reference to different forms of trafficking is made. Indian Laws: Human trafficking is basically dealt with by four laws: Indian Penal Code, 1861; The Immoral Traffic (Prevention) Act, 1956; Juvenile Justice (Care and Protection of Children) Act,2000 and Bonded Labour System (Abolition) Act, 1976.

The Immoral Traffic (Prevention) Act of 1956 :

This is the most important law to curb trafficking and has been dealt with separately. Sec.3 to 7 of ITP Act are against traffickers while customers can be booked u/s 7 of ITP Act.

The Bonded Labour System (Abolition) Act of 1976 :

It prohibits forced or bonded labour. The National Human Rights Commission of India monitors its implementation. Secs.16, 17, 18 & 20 are cognizable, Sub Divisional Magistrate is empowered to adjudicate.

Young Persons (Harmful Publication) Act 1956 :

Prohibits distribution of material related to crime, violence and vice.

The Juvenile Justice (Care and Protection of Children) Act, 2000 :

This Act explicitly provides for effective social rehabilitation and reintegration of all juveniles in need of care and protection and makes explicit provisions for punishment for employment of juvenile or child for begging, giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child, exploitation of juvenile or child employee.

Transplantation of Human Organ Act, 1994 :

It provides for the regulation of removal, storage and transplantation of human organs for purpose of treatment and for the prevention of commercial dealings in human organs.

The Child Marriage Restraint Act, 1929 :

The Act provides for age of marriage i.e. 21 for male and 18 for female.

• Section 3 - It is an offence for a male above 18 years but below 21 years to get married.
• Section 4 - It is an offence if a male above 21 years married a girl below 18 years.
• Section 5 - Whoever performs, conducts or directs any child marriage commits an offence.
• Section 6 - Parent or guardian in charge of the minor, promoting or permitting, or negligently failing to prevent child marriage commits an offence.
• It is a cognizable offence. But no Court can take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.
• The Court may issue an injunction against any of the persons mentioned, in Section 3, 4, 5 and 6 of this Act prohibiting such marriage.

Article 23 of Constitution of India :

Prohibition of traffic in Human beings and forced labour: Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Criminal Law (Amendment) Act, 2013(Nirbhaya) :

This act expressly recognized certain acts as offences which were dealt under related laws. New offences like acid attack, sexual harassment, voyeurism and stalking have been incorporated into the Indian penal code.

Protection of Children from Sexual offences, 2012 :

An act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trail of such offences and for matters connected therewith or incidental thereof.