TESTA- Stakeholder Collective to address Sex Trafficking by Enhancing Collaboration and Coordination among Critical Stakeholders from Protection, Law enforcement and Judiciary for effective rehabilitation of victims and prosecution of perpetrators
Vipla Foundation (Legal Name: Save The Children India)
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Non-governmental organization (NGO)
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#SDGAction33692
Description
Sex trafficking is rife in India. The highest number of missing women and children are in Maharashtra. Many are at risk of CSEC. In contrast, the rate of conviction is abysmal. In 2016, 10,815 persons were arrested under human trafficking charges. Only 159 were convicted. i.e. 1.5% conviction rate. This project is to enable better conviction rates
Vipla Foundation conducted a study on ‘Socio-Legal Factors Impacting Prosecution of Trafficking Crimes in Maharashtra’ based on experiences of 60 stakeholders engaged in 20 cases at various levels. The study highlighted factors -social and legal that impacts the success or failure of prosecution. For instance, the number of stakeholders in the anti-trafficking ecosystem and their isolationist style of functioning. The project brought together representatives from the Police department, Prosecution, Judiciary, NGOs, Department of Women and Child Development, Para Legal Volunteers, Lawyers associated with District Legal Services Authority, Government’s Rehabilitation Home housing victims of sex-trafficking, District Child Protection Unit etc. The project team contains lawyers, social workers and case managers who support district coordination mechanisms at all times during project duration. The group of multi-stakeholders meets every month to discuss cases and interventions using case management approach It tracks and monitor the development on each case systematically. The M & E team has developed tool like victim participation index, Accountability matrix to record the instances and level of engagement of those involved at all times.
1. Exclusive Court to conduct trials of sex trafficking in targeted district. This resulted in speedy disposal of justice, identification of repeat offenders and re-trafficked victims. 2. The conviction rate has increased to 25 % since the pilot intervention. 3. Victims of sex-trafficking have been receiving legal assistance from government empaneled lawyers who represent victims in court and assist in prosecution of offenders in sex-trafficking cases. 4. Victims getting regular formal education 5. The officers within the justice delivery mechanism contribute in efficacy and success of prosecution. 6. Bails are no longer liberally granted 7. Victim Witness Protection by establishing a ‘Victim Protection Room’ within court premises so that victim witnesses are not adversely influenced and testify truthfully and fearlessly. 8. Stakeholders are interdependent, coordinated and self-reliant on account of ‘continuous communication’ and regular interface to bring about effectiveness in prosecution and rehabilitation adopting a case management approach.
TESTA i.e. Stakeholders Collective is the key tool for realization of objectives. This group consists of stakeholders in the anti-trafficking ecosystems who are government functionaries. These stakeholders are susceptible to periodical transfers (generally after 3 years of being in office) and the new officer takes charge who is required to fit within the scope of the project and work toward realisation of common agenda. Thus membership of TESTA is not individual-centric but department-centric to ensure institutionalisation for sustainability.
The ‘Process Documentation of the Pilot Model’ is ready to be published and disseminated to government and civil society agencies for replication. Involvement of government stakeholders to ensure sustained commitment to the cause is critical, so the model is presented to their respective administrative departments for validation. The members of TESTA are government departments which are represented by key individual holding the office at the relevant time. Therefore when the individual officer is transferred the succeeding officer represents the department in TESTA. The impact displayed by the implementation of the Project in the criminal justice system for three years is a testimony for the continuity of the project. The financial support for the project would be withdrawn from the donor agency in this year. Vipla Foundation therefore is taking steps in the direction of consolidation and institutionalization of the model within the government system to ensure continuity.
https://worldjusticeproject.org/world-justice-forum-vi/world-justice-challenge-2019
Covid 19 and the lockdown impacted coordination mechanism temporarily. The change in the role mandate to enforce the strict lock down resulted in working on sex trafficking taking a backseat. However the team continued to ensure that technology is used and supported to ensure regular interface of stakeholders and discussing cases virtually. Permissions were sought to support expediting the interventions in light of the fact that the virus further increased vulnerability of women and girls to violence including trafficking. The training module for the stakeholders was revised to include experiential learning using Behavior Change Communication techniques. The team advocated for the state to scale the interventions in the entire state citing the recommended provision in the National Policy.
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The project included representatives from the Police department, Prosecution, Judiciary, NGOs, Department of Women and Child Development, Para Legal Volunteers, Lawyers associated with District Legal Services Authority, Government’s Rehabilitation Home housing victims of sex-trafficking, District Child Protection Unit etc. Vipla Foundation has funding support from organizations like GFEMS, IJM and US Consulate for the interventions.
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Jyoti, An Organised Response to An Organised Crime - Enabling Responsive Justice For Victims Of Trafficking