Saved’ Shillong/ Meghalaya girls re-trafficked

[Guest guest]

[The recent shrinking of ‘supply’ of Nepali girls to Indian brothels due to

several reasons has resulted into the traffickers now making young girls from

the North Eastern states their targets. Vulnerability of ethnic minority

population from North Eastern States of India to HIV infection will be increased

by these new developments. The following posting from Shyamala Ashok deserves a

special attention as this trend- trafficking of girls form North Easters States

of India to the brothels of Mumbai and Delhi- should be closely monitored.

Moderator]

Dear e FORUM members,

I think it is high time we guys sit and plan out on " rescue operations " its

implications, impact, who does it where and how. safety not only of the victims

but also of those who convene the operations etc. so that a broad guidelines is

to be followed so as to seek cooperation of the other like the police, judicial

etc. We would then in the process make sure that the victims are safe and not

allowed space to be re trafficked. I once again on behalf of FARS take the

privilege in congratulating ‘Prerna’ in all their efforts.

Regards

Shyamala Ashok

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‘Prerana’ wins at High Court ATC 15 Oct 02 'saved' girls are re-trafficked,

lost. Prerana wins at the Mumbai High Court ATC

15 October 2002

Mumbai High Court blames the Juvenile Justice Board and rules in favour

Of ‘Prerana’. The ruling on ‘Prerana’ s Writ Petition could be a comprehensive

victory over established malpractices, lapses and negligence in the Post Rescue

Operations dealing with rescued minors.

The accused Advocate could lose license to practice.

(This release is based on a news paper report of 12 October 02. Some >

additional directives are being sought by ‘Prerana’ from the Mumbai High Court.

The official copy of the Court s ruling will be soon made available to the ATC

readers)

A Mumbai High Court bench comprised of Justice A. B. Shah and Justice

Ranjana Desai on 7th October gave a ruling on the Writ Petition of Prerana

seriously blaming the Juvenile Justice Board (JJB) for giving an outright

illegal directive of releasing 10 minor girls rescued by

Mumbai police from a brothel in Mumbai in on 16 May 2002. As a result

of this action of the JJB the unfortunate girls have been thrown into a

danger of getting re-trafficked into the flesh trade, the court said,

while blaming the JJB. The girls are untraceable.

The High Court bench also laid down strict criteria to be followed by

The JJB and the Child Welfare Committee (CWC) in carrying out its function lest

such a serious lapse should get repeated.

On 16th May 2002 the Mumbai police raided a brothel in Santacruz and

rescued 24 victims and 4 accused. Advocate V. P. Jaiswal appeared on

behalf of the accused at the Magistrate s court where the accused had been

produced. The accused were denied bail. The Police requested the 3rd Esplanade

court to invite ‘Prerana’ to help out in the post rescue operation and

rehabilitation of the victims. As per the suggestions of the Court ‘Prerana’

volunteered to intervene and mobilized voluntary sector agencies from the North

Eastern (NE) Indian states particularly Meghalaya from where most these minor

girls had been trafficked. The responses from the NE agencies and the police

were very prompt and positive. Prerana also started interacting with the minors

kept at the Special Home for Rescued Juvenile Girls (SHRJG) at Deonar Mumbai.

‘Impulse’ a voluntary sector organization from the NE Indian state of

Meghalaya which had been contacted by Prerana for the home-studies of the minor

girls prepared to come down to Mumbai along with a team from the Shillong

Police to take custody of the girls.

While an interim report was immediately submitted by ‘Prerana’ to the SHRJG and

more time was sought to complete a detailed investigation and home study report

of the minor victims Advocate Jaiswal who had appeared before the Magistrate on

behalf of the accused in this very case moved the Juvenile Justice Board (under

the Juvenile Justice Act 2000 the JJB is the competent body constituted to

handle juveniles in conflict with law and the Child Welfare Committee - CWC to

look after juveniles defined as neglected under the law.)

pleading that since the rescued minors kept at the SHRJG Deonar had not

committed any crime they should be released forthwith. He submitted a brief on

behalf of the minor girls and sought the custody of the girls. The Magistrate

at the JJB not only ordered the CWC to immediately release the minor girls but

also warned the minors not to be seen again in the jurisdiction of the Social

Service branch of the Mumbai Police. This was almost an externment order on

the rescued minors. As per > the directions of the JJB all the minors were

released .

Completely shocked by the rulings of the JJB Prerana Immediately moved the

Mumbai High Court through a Writ Petition seeking the immediate > intervention

of the High court against the orders of the JJB. The Mumbai High Court promptly

ordered the Mumbai Police to trace the released girls and to produce them before

the Court and also suggested the Mumbai Police take help of Prerana in this

work. All efforts to trace the girls failed and reports from their home town

also indicated that the girls had not reached their home towns either.

Besides requesting the High Court to set aside the order of the JJB, in its

Writ Prerana sought several short term relief s and long term arrangements so

that such blatant irregularities could be avoided in future and rescued minors

are not re-victimized.

Among its orders the Mumbai High Court has made it categorically clear that no

lawyer shall be allowed to appear before the JJB and the CWC on behalf of any

rescued minor. The parents or legal guardians of the rescued minors should be

asked to present their case before the CWC > either directly or through their

lawyer.

The CWC shall not take any decision for release of the rescued minors

before receiving the report of the Probation Officer. Under any circumstances a

rescued minor girls should be handed over to the parents or the legal guardians

and if that is not possible then further action should be taken up as per the

provisions of the Juvenile Justice Act.

No case of a person under the age of 18 shall be tried before any Magistrate. If

the juvenile is in conflict with law then it should be

produced before the JJB and if it is a neglected child then it should

be produced before the CWC. Both the agencies must ensure that such a juvenile

does not get retrafficked.

An Advocate who appears on behalf of the accused in a crime shall not be

allowed to appear anywhere on behalf of those who are the victims in that crime.

The Mumbai High Court took strong objection to the role played by Advocate

Jaiswal and has directed the Bar Council to initiate action against Ad V.P.

Jaiswal for his professional misconduct.

Prerana has submitted comprehensive prayers in this Writ besides requesting the

High Court to set aside the objectionable orders issued by the Magistrate at the

JJB. For one of the hearings last month 5 lawyers appeared to plead for Advocate

Jaiswal. Ad. Jaiswal could lose his license to practice law.

The Mumbai Police handled the case professionally in the interest of the minor

victims. The SHRJG (Rescue Home) also cooperated with Prerana to give all

possible help to the rescued minors girls.

Prerana has sought a detailed probe by the CBI the central intelligence agency

of India as it strongly suspects an organized network engaged in re trafficking

of rescued minor girls. The recent shrinking of supply of Nepali girls to India

due to several reasons has resulted into the traffickers now making young girls

from the North Eastern states their targets. We at Prerana have been threatened

of dire consequences.

Pravin Patkar, ATC PRERANA

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