Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
mode project.
ADVISORIES ON HUMAN TRAFFICKING:
1.
MHA Advisory on Preventing and Combating Human
Trafficking in India, 2009
2.
MHA Advisory on Human Trafficking as organized crime, 2012
3. MHA Advisory on preventing and combating human trafficking
in India - dealing with foreign nationals, 2012
4. Advisory on Preventing and combating human trafficking
especially during the period of COVID-19 pandemic, 2020
5. The National Human Rights Commission issued the advisory
on ‘Combating Human Trafficking in context of the Covid-19
Pandemic’ in 2020 to help the Central Ministries and State
Government(s) in ensuring the promotion and protection of the
rights of the victims/survivors of human trafficking.
MOU:
•
Between India and Bangladesh, signed in 2015, on bilateral
cooperation for the prevention of Human trafficking especially for
combating trafficking in women and children; rescue, recovery,
repatriation and reintegration of victims of trafficking.
•
Between India and Myanmar, signed in 2019, on enhancing
bilateral cooperation between both the countries for prevention of
trafficking in persons.
24
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
and other stakeholders while
dealing with trafficking
cases.
G8: The functioning and
jurisdiction of NIA are not
clear. For example, how will
NIA operate, which court
will have the jurisdiction to
try trafficking cases, NIA’s
link with AHTUs, further in
case of duplication whether
the jurisdiction of NIA or
ITPA will prevail, needs to be
clarified. (CEDAW A.6)
R8: Relation between NIA Act
and ITPA should be specified
in both the laws.
G9: Since the establishment
of AHTUs is by way of
a scheme, the setting
up of the AHTUs at the
district level is not legally
enforceable. (CEDAW A.6)
R9: ITPA be amended to
provide for the establishment