Section 1 - Standard Operating Procedures (SOP)

A. State Level

AHTU Telangana SOP 

Activities before registration of FIR

  • Collect intelligence on traffickers.
  • Interrogation of suspects needs to be thorough
  • Follow up on one lead can lead to information on another.
  • Develop, update & share database on traffickers
  • Some information sources
  • Travel agents/tour operators
  • Immigration agents
  • Marriage bureaus
  • Hotels
  • Massage parlours
  • Escort services
  • Illegal abortion clinics
  • Internet sites

Pre-Rescue Planning

    • Take prompt action on the information
    • Verify the genuineness of the information
    • Understand which departments are to be associated with the operation
    • the when, where and how of it;
    • how many are likely to be rescued
    • how many are likely to be arrested.
    • Ensure appropriate legal and administrative sanction wherever required.
    • Think about logistics including food, clothes, medicines, money etc. That may be required
    • Think about a contingency plan in case of unforeseen challenges
    • Consider how the confidentiality of the operation can be maintained

Rescue Before Registering the FIR

    • Enter source information in the GD maintaining the anonymity of the source/victim/location.
    • Carry out a recce of the place to be searched.
    • Draw a map of the area which can be used for briefing and assigning specific duties (includes duties like cordoning, guarding entry and exit points, locating hide-outs etc.).
    • Wherever possible obtain a search warrant
    • Ensure proper composition of the rescue team:
    • Team should have two women officials of any rank
    • If rescued persons are to be interviewed, it shall be done by a woman police officer or in the presence of woman representative of an NGO.
    • Secure the help of NGOs to act as witnesses.
    • Arrange adequate number of vehicles and escort for rescued persons so that victims are segregated from offenders.
    • Arrange material for documentation and evidence collection such writing pads, white paper, pen, etc.
    • Inform appropriate authorities regarding the places to be visited and time of operation.
    • Alert the authorities of the homes in the vicinity
    • Conduct the rescue promptly.
    • Identify children among the rescued as they have to be produced before the Child Welfare Committee.
    • Ensure safety of all rescued persons
    • Segregate offenders from the victims
    • Allow rescued person to take their belongings with them
    • Collect documents and exhibits from the place of rescue.

Registering the FIR

    • Appropriate sections of ITPA to be used in FIR.
    • In addition to ITPA, IPC sections such as 366A, 366B, 372, 373, 375, 376, 377, 120A,120 B, 416, 417, 339, 340A, 341, 342, etc., to be invoked.
    • Other special provisions such as JJ Act, (Sec 67) etc, to be invoked
    • If additional offences are revealed during investigation the IO can add the appropriate provisions and file additional memos in court.

Investigation

    • Collection of Material Objects
      • Diaries, notebooks, account books, registers etc., in the brothel
      • Travel documents like bus/train/air tickets
      • Rent agreements, rent receipts, ration cards, passports, driving license and any other documents which may help to prove the existence and address of the brothel.
      • Receipts and registers reflecting expenditure on medicines (including contraceptives, doctor’s prescriptions, hospital records indicating termination of pregnancy of victims), cosmetics, pornography etc., to prove the sexual exploitation of victims.
      • Photographs, albums, videos, pornographic material, computers, hard disks, brochures etc., to prove sexual exploitation and existence of an organized network of criminals.
      • Vehicles used for transportation victims to prove transportation of victims and lining up places of exploitation.
      • Visitors list, tokens issued, documents regarding clients etc., to prove exploitation.
    • Search
      • MOs should be collected from the scene of crime during rescue under panchanama.
      • Search the accused person for documents and notebooks etc.
      • Search vehicles of transportation.
      • Search the hideouts/residence/place of residence of the offenders.
      • Search bank lockers
      • Search the customers/clientele
      • Search places where data/information is stored.
    • Interrogation of Suspects & Accused
      • Associate other agencies for interrogation like the income tax department, and other financial institutions, immigration department, labour department etc.
      • Use scientific methods in the process of interrogation.
      • If during interrogation it transpires that the arrested person is vic
    • Arrest of Accused
      • The arrested female offender should be searched by a female police official u/s 51(2) and 100(3).
      • Medical examination of the accused should also be done.
      • Follow up on communications on the cell phones of the accused before and after arrest as it can lead to intelligence of trafficking links and more arrests.

Rescue After Registration of FIR

    • All the principles of rescue before registration of FIR will be applicable here. In addition, the following steps need to be carried out:
    • The IO should record the events in the CD.
    • Statements u/s 161 Cr.P.C need to be recorded.
    • All memos should bear the FIR no., and date.

Chargesheet

    • A correct and proper charge sheet is a sine-qua-non in securing conviction in any crime.
    • As HT is an organized crime, prepare a matrix of crime-offender-evidence and present it in the CD.
    • Legal opinion of the prosecutor is to be taken for drafting the charge sheet.
    • Collect all expert opinions and reports including the following:
    • Medical report of sexual abuse, sexually transmitted diseases, medical history of the victim
    • Age verification
    • Expert opinion on psychosocial trauma.
    • Copies of statements of accused recorded u/s 25 IEA

Prosecution

  • Briefing the prosecutors not only on the facts of the case, but also on the victims traumas, organised crime linkage etc.,
  • Prepare the victim for testimony in court with the assistance of counsellors or NGOs
  • Prepare the witnesses
  • Ensure victim/witness protection during trial

Referral Mechanism

  • The objective is to rehabilitate trafficked persons by referring them to counselors or relief, for health care for psychological intervention, legal representation, victim compensation and overall rehabilitation.
  • Compensation to the victim; Specific mechanism has been worked by Telangana vide
  • G.O Ms No.09, dt:07.03.2018 of Law(LA.LA&J-Home Court.B),Dept, Govt of Telangana, compensation is given to the victims of Anti Human Trafficking by state legal service authority through WCD, Telangana.
  • The one time grant has been given by Central Govt. for the purpose.

Prevention

  • Prevention through aggressive law enforcement by putting traffickers behind bars
  • Prevention by properly rehabilitating victims prevents re-trafficking.
  • Prevention at the source area by conducting awareness campaigns involving agencies concerned.
  • Prevention at transit areas such as railway stations, bus stops etc., by appropriate intervention
  • Keeping vigil at locations prone to trafficking by monitoring the movements of strangers in these places.
  • Ensuring effective patrolling, especially at highways , dhabas, railway stations and bus stations where a special ‘vigil’ needs to be maintained to check the movements of the traffickers accompanied with victims.

Section 2 - International Instruments

International Conventions for the Suppression of the Traffic is Persons and of the Exploitation of the Prostitution of others, 1949 (Signed by India on May 9, 1950)

The Convention on Consent to Marriage, Minimum Age for Marriage and Registration for Marriages- Convention enforced with effect from 9th December 1964

The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) 1985, adopted by the United Nations General Assembly in November 1985.

The Convention on the Rights of the Child (CRC), 1989 adopted on 2nd Sep 1990 (India ratified in November 1992)

United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, adopted by the General Assembly in December 1990, complement the previously adopted Beijing Rules.

The Declaration on the Elimination of Violence Against Women, 1993

The International Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO Convention 182), 1999- Convention enforced with effect from 19th November 2000.

The International Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO Convention 182), 1999- Convention enforced with effect from 19th November 2000.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol), 2001.

The Optional Protocol on the sale of children, Child prostitution and child pornography, 2000- UN adopted on 18th January 2002