FROM BONDAGE TO FREEDOM
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“Child” means a person who has not attained the age of 18 years
and thus defines child in sync with the Convention on the Rights of the
Child, 1989 and does away with the various prevailing definition of a
child in the region.
Scope and Offences
The purpose of the SAARC Convention is to promote cooperation
amongst Member States so that they may effectively deal with the various
aspects of prevention, interdiction and suppression of trafficking in
women and children. The Convention also calls for repatriation and
rehabilitation of victims of trafficking and prevents the use of women
and children in international prostitution networks, particularly where
the countries of SAARC region are the countries of origin, transit and
destination245.
The Convention criminalizes trafficking and declares it as an offence
punishable by appropriate penalties. The Convention obligates the State
Parties to punish any person who keeps, maintains or manages or
knowingly finances or takes part in the financing of a place used for the
purpose of trafficking or knowingly lets or rents a building or other place
for the purpose of trafficking246.
The Convention further makes provision for stricter punishment
on account of factual circumstances, which make the Commission of
offences particularly grave247.
Judicial Proceedings and Mutual Legal Assistance
The Convention obligates the judicial authorities in Member States
to ensure confidentiality of identity of the child and women is maintained
and to provide appropriate counseling and legal assistance248. The State
Parties are also under obligation to grant to each other the widest measure
of mutual legal assistance in respect of investigations, inquiries, trials or
other proceedings in requesting State in respect of offences under the
Convention. Requests for assistance needs to be executed promptly in
accordance with national laws of a Member State249.
245
Ibid, Art II.
246
Ibid, Art III.
247
Ibid, Art IV.
248
Ibid, Art V.
249
Ibid, Art VI.
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