Sunday, December 22, 2019

Post CAA & NRC what will be the status of Indian and foreign nationals who are victims of Commercial Sexual Exploitation?

Panaji,December 22-As the controversy over discriminating Citizenship Amendment Act(CAA) and the proposed National Register of Citizens(NRC) is hotting up,yet another dimension of the issue is coming into debate.
What will be the status of Indian and foreign nationals who are victims of Commercial Sexual Exploitation(CSE)?
As the issue is very serious in the context of Goa,a State considered a major destination for trafficking of women/girls for CSE from States within India as well as from Nepal and other source countries, we here reproduce the views of Mr. Arun Pandey, Director of Goa-based ARZ,NGO which spearheads the cause of rehabilitation of trafficked women and  children and works over the issue of curbing the CSE across the country by regularly engaging stakeholders from source States and countries including police.Generates awareness among stakeholders of tourism to alert them to the menace of trafficking for CSE:
I am one of the members of the panel constituted under section 17(5) of the panel constituted under Immoral Prevention Act, 1956,in Goa. The girls rescued from CSE by the police are produced before the panel for inquiry, to decide their custody, release and rehabilitation.
Recently, a 26-year-old girl (Muslim by birth & Hindu by practice) was produced before the panel who was rescued by the Goa police from CSE. She shared with the panel that she was born in Bangladesh and after the death of her mother,when she was around 14 years old her father brought her to Mumbai in India and sold her in a brothel.
In India, while she was being commercially sexually exploited she was given a Hindu name. She was commercially sexually exploited for around 10 years in different parts of the country and three years back when she was trafficked to Goa she was rescued by the Goa police and admitted to a State protective home. She was later repatriated to Bangladesh.
In Bangladesh she did not know anyone. Her father had died. She was given in the custody of an NGO, who after taking her custody from India authority, handed her to a distant relative. The relative forcibly got her married. After few days of her marriage her husband brought her to Mumbai and sold her for commercial sexual activity(CSA) in Mumbai and returned to Bangladesh.
In India, when she was sent by her pimp from Mumbai to Goa for CSA,she was again rescued by the police and admitted at the Protective home and produced before the panel.
When she appeared before the panel, she pleaded to the panel that she should not be sent to Bangladesh as her life will be at risk and she will be again retrafficked. She requested to be allowed to stay in India and provided rehabilitation.
As a panel member it is not uncommon to meet such victims and receive requests from them not to be repatriated to their home country as their life will be at risk once they return to their country of birth.
What happens to such victims post CAA? Will they be provided citizenship in India?
The situation of the victims who are Indian nationals is no different.  It is generally found that they do not have birth certificate, or identity proof document's such as aadhar card, voting card, ration card, passport. As a result they are unable to avail any kind of benefits provided for the socio-economic upliftment of persons below poverty or government schemes. They are unable to even claim the compensation as a victim of CSE. It will not be wrong to say that they are "personna non granta".
Now what happens to such victims? How do they prove that they are citizens of India under NRC?
Under CAA & NRC, there is a fear that the victim of CSE:
-will not approach the law enforcement agency for assistance against exploitation from pimps, due to fear of being prosecuted?
-treated as Offender instead of Victim?
-admitted to detention centre instead of rehabilitation Center?

Arun Pande,
Arz (anyay rahit zindagi),
NGO.

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