New Hope Foundation : Mizoram

TIER Placement

2009-06-22T03:18:00.001-07:00

The Tiers

TIER 1
Countries whose governments fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards

TIER 2
Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards

TIER 2 WATCH LIST
Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND:
a) The absolute number of victims of severe forms of trafficking is very significant or is
significantly increasing; or
b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or
c) The determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year

TIER 3
Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so

Tier Placements

TIER 1

Australia	Denmark	Lithuania	Norway
Austria	Finland	Luxembourg	Poland
Belgium	France	Macedonia	Slovenia
Canada	Georgia	Mauritius	Spain
Colombia	Germany	The Netherlands	Sweden
Croatia	Italy	New Zealand	Switzerland
Czech Republic	Korea, Rep. of	Nigeria	United Kingdom

TIER 2

Afghanistan	El Salvador	Laos	Romania
Albania	Estonia	Liberia	Rwanda
Antigua & Barbuda	Ethiopia	Macau	Serbia
Armenia	The Gambia	Madagascar	Sierra Leone
The Bahamas	Greece	Malawi	Singapore
Barbados	Honduras	The Maldives	Slovak Republic
Belarus	Hong Kong	Malta	South Africa
Benin	Hungary	Mexico	Suriname
Bolivia	Iceland	Mongolia	Taiwan
Bosnia & Herzegovina	Indonesia	Morocco	Tanzania
Botswana	Ireland	Mozambique	Thailand
Brazil	Israel	Namibia	Timor-Leste
Brunei	Jamaica	Nepal	Togo
Bulgaria	Japan	Oman	Trinidad & Tobago
Burkina Faso	Jordan	Palau	Turkey
Chile	Kazakhstan	Panama	Uganda
Costa Rica	Kenya	Paraguay	Uruguay
Cyprus	Kosovo	Peru	Vietnam
Ecuador	Kyrgyz Republic	Portugal	Zambia

TIER 2 WATCH LIST

Algeria	Congo, Rep. of	Iraq	Qatar
Angola	Cote d’Ivoire	Latvia	Russia
Argentina	Djibouti	Lebanon	St. Vincent & the Gren.
Azerbaijan	Dominican Republic	Lesotho	Senegal
Bahrain	Egypt	Libya	Sri Lanka
Bangladesh	Equatorial Guinea	Mali	Tajikistan
Belize	Gabon	Micronesia	Tunisia
Burundi	Ghana	Moldova	Turkmenistan
Cambodia	Guatemala	Montenegro	Ukraine
Cameron	Guinea	The Neth. Antilles	United Arab Emirates
Central African Rep.	Guinea-Bissau	Nicaragua	Uzbekistan
China (PRC)	Guyana	Pakistan	Venezuela
Congo (DRC)	India	Philippines	Yemen

TIER 3

Burma	Iran	North Korea	Syria
Chad	Kuwait	Papua New Guinea	Zimbabwe
Cuba	Malaysia	Saudi Arabia
Eritrea	Mauritania	Sudan
Fiji	Niger	Swaziland

Major Forms of Trafficking in Persons

2009-06-22T03:16:00.000-07:00

Forced Labor

The majority of human trafficking in the world takes the form of forced labor, according to the ILO’s estimate on forced labor. Also known as involuntary servitude, forced labor may result when unscrupulous employers take advantage of gaps in law enforcement to exploit vulnerable workers. These workers are made more vulnerable to forced labor practices because of high rates of unemployment, poverty, crime, discrimination, corruption, political conflict, and cultural acceptance of the practice. Immigrants are particularly vulnerable, but individuals are also forced into labor in their own countries. Female victims of forced or bonded labor, especially women and girls in domestic servitude, are often sexually exploited as well.

Forced labor is a form of human trafficking that is often harder to identify and estimate than sex trafficking. It may not involve the same criminal networks profiting from transnational sex trafficking. Instead, it may involve individuals who subject workers to involuntary servitude, perhaps through forced or coerced household or factory work.

Bonded Labor

One form of force or coercion is the use of a bond, or debt, to keep a person under subjugation. This is referred to in law and policy as “bonded labor” or “debt bondage.” U.S. law prohibits debt bondage, and the UN TIP Protocol includes it as a form of traffickingrelated exploitation. Workers around the world fall victim to debt bondage when traffickers or recruiters unlawfully exploit an initial debt the worker assumed as part of the terms of employment.

Workers may also inherit debt in more traditional systems of bonded labor. Traditional bonded labor in South Asia, for example, enslaves huge numbers of people from generation to generation. A January 2009 report by Anti-Slavery International, a London-based NGO, concluded that this form of forced labor, traditionally more prevalent in villages, is expanding into urban areas of the region, rather than diminishing on an aggregate level, as the result of development and modernization.

Debt Bondage Among Migrant Laborers

The vulnerability of migrant laborers to trafficking schemes is especially disturbing because the population is sizeable in some regions. There are three potential contributing factors: (1) abuse of contracts; (2) inadequate local laws governing the recruitment and employment of migrant laborers; and (3) intentional imposition of exploitative and often illegal costs and debts on these laborers in the source country, often with the support of labor agencies and employers in the destination country.

Abuses of contracts and hazardous conditions of employment do not in themselves constitute involuntary servitude. But the use or threat of physical force or restraint to keep a person working may convert a situation into one of forced labor. Costs imposed on laborers for the “privilege” of working abroad can make laborers vulnerable to debt bondage. While the costs alone do not constitute debt bondage, when they become excessive and involve exploitation by unscrupulous employers in the destination country, they can lead to involuntary servitude.

Involuntary Domestic Servitude

A unique form of forced labor is that of involuntary domestic workers, whose workplace is informal, connected to their off-duty living quarters, and not often shared with other workers. Such an environment is conducive to exploitation since authorities cannot inspect private property as easily as they can inspect formal workplaces. In some countries, large numbers of local children, often from less developed rural areas of the country, labor in urban households as domestic servants. Some of them may be vulnerable to conditions of involuntary servitude.

Foreign migrants, usually women, are recruited from less developed countries in South Asia, Southeast Asia, Africa, and Latin America to work as domestic servants and caretakers in more developed locations like the Gulf States, the Levant, Malaysia, Singapore, Taiwan, Europe, and the United States. But many of these places do not provide domestic servants the same legal protections that they provide for foreign workers in other sectors.

Without protections, foreign domestic workers may have fewer options for seeking help when faced with their employer’s threat of or use of force. If they are confined to a home, either through physical restraint or through the confiscation of identity and travel documents, they may find it very difficult to reach out to NGOs or public authorities for assistance due to lack of awareness and fear of their employers.

This high degree of vulnerability calls for a vigorous law enforcement and victim protection response when domestic servants are found in conditions of involuntary servitude in a home. Those domestic servants who choose to escape from abusive employers are sometimes termed “runaways” and seen as criminals, though they should be considered as possible victims of trafficking.

Forced Child Labor

Most international organizations and national laws recognize that children may legally engage in light work. There is a growing concensus, however, that the worst forms of child labor should be eradicated. The sale and trafficking of children and their entrapment in bonded and forced labor are among the worst forms of child labor. Any child who is subject to involuntary servitude, debt bondage, peonage, or slavery through the use of force, fraud, or coercion, is a victim of human trafficking regardless of the location of that exploitation. Indicators of possible forced labor of a child include situations in which the child appears to be in the custody of a non-family member who has the child perform work that financially benefits someone outside the child’s family and does not offer the child the option of leaving.

Child Soldiers

Child soldiering is a unique and severe manifestation of trafficking in persons that involves the unlawful recruitment of children— often through force, fraud, or coercion—for labor or sexual exploitation in conflict areas. Perpetrators may be government forces, paramilitary organizations, or rebel groups. While the majority of child soldiers are between the ages of 15 and 18, some of whom may have been unlawfully recruited and used in hostilities, others are as young as 7 or 8, which is unlawful under international law.

Although it is impossible to accurately calculate the number of children involved in armed forces and groups, the Coalition to Stop the Use of Child Soldiers estimates that there are many tens of thousands of children exploited in conflict. Child soldiers exist in all regions of the world. According to the UN, 57 armed groups and forces were using children in 2007, up from 40 in 2006.

Many children are abducted to be used as combatants. Others are made unlawfully to work as porters, cooks, guards, servants, messengers, or spies. Young girls are forced to marry or have sex with male combatants. Both male and female child soldiers are often sexually abused and are at high risk of contracting sexually transmitted diseases.

Some children have been forced to commit atrocities against their families and communities. Child soldiers are often killed or wounded, and survivors suffer multiple traumas and psychological scarring. Their personal development is irreparably damaged, and their home communities often reject them when they return.

Child soldiering is a global phenomenon. The problem is most critical in Africa and Asia, but armed groups in conflict areas elsewhere also use children unlawfully. All nations must work together with international organizations and NGOs to take urgent action to disarm, demobilize, and reintegrate unlawful child soldiers.

Sex Trafficking

Sex trafficking comprises a significant portion of overall human trafficking. When a person is coerced, forced, or deceived into prostitution, or maintained in prostitution through coercion, that person is a victim of trafficking. All of those involved in recruiting, transporting, harboring, receiving, or obtaining the person for that purpose have committed a trafficking crime. Sex trafficking can also occur alongside debt bondage, as women and girls are forced to continue in prostitution through the use of unlawful “debt” purportedly incurred through their transportation or recruitment—or their crude “sale”—which exploiters insist they must pay off before they can be free.

Child Sex Trafficking and Related Abuses

Analysis of child trafficking often leads to the consideration of other categories of child exploitation. The following guide attempts to clarify what is addressed in the TIP Report:

Child Sex Trafficking: According to UNICEF, as many as two million children are subjected to prostitution in the global commercial sex trade. International covenants and protocols obligate criminalization of the commercial sexual exploitation of children. The use of children in the commercial sex trade is prohibited under both U.S. law and the UN TIP Protocol. There can be no exceptions and no cultural or socioeconomic rationalizations that prevent the rescue of children from sexual servitude. Sex trafficking has devastating consequences for minors, including long-lasting physical and psychological trauma, disease (including HIV/ AIDS), drug addiction, unwanted pregnancy, malnutrition, social ostracism, and possible death.

Commercial Sexual Exploitation of Children (CSEC) is the sexual exploitation of children for the commercial gain of some person(s). CSEC includes all child prostitution as well as child pornography. This is not human trafficking per se, as some forms of CSEC such as child pornography are not always a form of human trafficking. Most forms of CSEC, however, are forms of human trafficking, such as child sex trafficking.

Child Sex Tourism (CST) is one form of “demand” for victims of child sex trafficking. It involves people who travel from their own country—often a country where child sexual exploitation is illegal or culturally abhorrent— to another country where they engage in commercial sex acts with children. CST is a shameful assault on the dignity of children and a form of violent child abuse. It often involves trafficking, as a trafficking crime likely was committed in the provision of the child for the sex tourist’s exploitation.

Addressing Child Sex Tourism in the TIP Report: Efforts by a government to prevent its nationals from traveling abroad to engage in child sex tourism—including by prosecuting alleged child sex tourists for conduct they committed overseas—is cited in that country’s narrative under the Prevention section. Likewise, efforts by a “destination” government to punish foreign nationals for alleged child sex tourism offenses are cited in the Prevention section of that country’s narrative as an effort to “reduce demand for commercial sex acts” in general. Efforts by the same destination government to punish the trafficking of children for commercial sexual exploitation by any persons – foreign sex tourist or local resident – are credited in the Prosecution section of that country’s narrative.

Trafficking Victims for Sale in The Washington Post?

2009-06-03T06:37:00.000-07:00

Would you be shocked to learn that the Washington Post contributes to human trafficking in the DC area? As a DC resident and a Post reader I was sorely disappointed to realize that the venerable Washington Post, one of the nation’s most well-respected papers, still accepts ads for “massage parlors.” This is not a new issue; in August of 2006 the Washington Post’s then-Ombudsman Deborah Howell declared that it was “time to drop the massage parlor ads,” noting that “men don’t go there for backrubs.”

Katherine Chon, co-founder of the Polaris Project, an anti-trafficking NGO based in Washington, DC, raised the issue of massage parlor ads in the Washington Post in a great blog on April 9th for Change.org’s End Human Trafficking blog. Chon points out that the Washington Post continues to accept advertisements from massage parlors even though they have reported on the human trafficking that takes place in these quasi-legal establishments.

According to Chon, …The Washington Post has been a primary source for them to visit massage parlors and spas in the DC area. Most recently, on March 16, one man wrote "Washington Post is posting ads again" in response to another john's question about where to find commercial sex in DC.

During my tenure at Polaris Project, a non-governmental organization combating modern-day slavery, we've worked with dozens of women who've been victims of human trafficking within brothels disguised as massage parlors. Almost all of the women from commercially-fronted brothels we've worked with in the DC area have been victimized in locations that have been advertised in The Washington Post's Sports section.

These women are often offered legitimate jobs, but then forced into prostitution. Many are unable to leave the brothel. Several are threatened with gang violence and others are threatened with harm to family members if they tried to leave. Some women are in debt bondage, and most have experienced some type of sexual violence or coercion from customers frequenting the brothels. All of them want to escape.

In early 2006, representatives of The Washington Post's Advertising Department said that if they knew there was illegal activity occurring in these "massage parlors," they would take the advertisements down. Did they not know that their own journalists had reported on human trafficking in several massage parlors advertised in their paper?

I picked up yesterday's paper and saw that while there were only six advertisements for commercial sex-oriented parlors and spas in the Sports section, The Washington Post was still accepting such ads. I attribute the decrease in overall ads (which was up to 35 at one of its high points in 2002) mostly to the work of the DC Task Force on Human Trafficking and the general state of the economy.

Mary Ann Werner, vice president and counsel for The Post in 2006, claimed that employees review ads for “matters of taste.” Despite this “stringent” policy, The Post has not taken steps to ban these ads since the issue was first raised in August of 2006. The Post does accept ads for escort services since they claim these can be “fronts for prostitution.” Why not apply this policy to ads for massage parlors which can be fronts not only for prostitution but also human trafficking?

Other comparable papers, such as the LA Times, The New York Times, The Boston Globe, and The Chicago Tribune have long refused to run ads for massage parlors. I have not yet seen a response from The Post so it is unclear how this situation will be resolved. For now, I highly recommend signing The Polaris Project’s petition to tell the Washington Post to stop supporting brothels. As for me, I think I will be purchasing the New York Times for the foreseeable future.

Trafficking Story III

2009-06-03T06:36:00.000-07:00

The human tragedy behind human trafficking III
Adenike’s story

Adenike was fifteen years old and working as a hairdresser in West Africa. She was befriended by a man a few years older than herself who persuaded her to go to Europe with him, where he told her that hairdressers could earn fifty times as much as she made at home. They did not get far – in a city in a neighbouring country, her “boyfriend” induced her to work as a street prostitute to raise cash for their trip. After a stay there, they began the difficult trip across the desert to a bordering town full of would-be migrants like Adenike.

After crossing the border, Adenike’s “boyfriend” – in fact, her exploiter - again claimed they were short of money for the onward journey to Europe. This time he left Adenike in the care of a migration broker while he returned to their home country – so he claimed – to raise more money. Initially Adenike suspected nothing, but when she tried to leave the broker’s lodge she was seized and thoroughly beaten for “breaking the rules”.

It was then that Adenike learned that her exploiter had in fact sold her to the broker and that she would have to pay the impossible sum of US$ 5,000 for her freedom – her “purchase price” plus the costs she had incurred while at the broker’s camp. She was told that she – like the other 20 to 30 girls in the broker’s custody – would have to work as a prostitute to pay off her so-called debt and buy her freedom.

While held by the broker, Adenike was repeatedly abused, raped and forced to serve as a prostitute; usually her clients used no condoms. She longed to return home, yet was ashamed by what had happened to her. Eventually she managed to secretly telephone her younger sister and relate her predicament; her sister in turn alerted the police in her home town. When official attempts to rescue Adenike failed, Adenike’s father scraped up the money demanded by the broker and purchased her freedom. Adenike’s exploiter was arrested and charged after several weeks of surveillance, but was acquitted on the grounds that it could not be proved beyond reasonable doubt that Adenike had been sold.

Trafficking Story II

2009-06-03T06:34:00.000-07:00

The human tragedy behind human trafficking II

Peter (25) and Kevin (19)

Peter (25) and Kevin (19), both citizens of a northern EU country, were homeless and unemployed when they were approached by Edgar. Edgar offered them a construction job, including room and board. The idea of a job and a place to stay seemed heaven-sent, and they quickly agreed. The wages were low but steady, and more than they could hope for in their current situation. Edgar put Kevin and Peter up in an old caravan with two other men and set them to work on construction jobs.

He paid them a bit of cash at the end of each day and brought them food as well. After a

short while he asked if they would like to go work in a couple of wealthy neighbouring countries where there were many construction jobs on offer. Kevin and Peter agreed, as did the other men in the caravan, one of whom was a minor: Jim, a 17-year-old runaway. Kevin and Jim did not have passports, but that did not matter; Edgar got them each a fake one and bought their tickets.

Things did not work out in the new countries the way the men had imagined. Again living in cramped caravans, sometimes six of them together, their “wages” soon shrank to the point where they were earning less in a day than they should have been earning per hour. They were working long days – sometimes 12 to 14 hours – six days a week, laying asphalt and doing stonework around private houses. Whenever they were not working, they had to go door-to-door in residential neighbourhoods, trying to drum up new business. Edgar shipped them around so much that they had no idea where they were or even which country they were in. He often treated them abusively, shouting at them, hitting them, and even striking them with a spade. He warned that if they left they would be fetched back or beaten. Kevin tried it anyway, once, but was quickly found by Edgar and hauled back to the building site. He did not try again.

After three months, Edgar suddenly went back home, leaving the men behind. Kevin walked all the way to his national embassy in the capital city and appealed for help. Jim also tried to walk and was found by the police and handed over to child protection services. Peter made it to a port city and tried to buy a ticket home but was in such a confused condition he had to be helped by police; who opened an investigation into Edgar’s activities when they heard his story.

In the end, Edgar was convicted of human trafficking for purposes of forced labour. Though all the men had consented to work for him and to go abroad, the court deemed that their labour had been exploited and that they had been in reasonable fear of reprisal had they tried to leave their jobs. The fact that they had little money, were dependent on Edgar for room and board, had a limited ability to make themselves understood, no real idea of where they were and, in two cases, false papers, all made any escape from their circumstances much more difficult.

Edgar received a two-year prison sentence. The money he had made from the building jobs was confiscated and he was requested to pay limited damages to Peter and Kevin worth about 10 days’ wages. Kevin now lives under a form of police protection in his home country; Peter stayed in the host country in a secret location and is now under a witness protection regime.

Trafficking Story I

2009-06-03T06:33:00.000-07:00

The human tragedy behind human trafficking
Maria’s story

Every day after school, Maria sold bread by the side of the road to supplement her family’s limited income. When business was slow, the 15-year-old chatted with Sofia, a 35-year-old woman who lived in the same Latin American village and often stopped by to visit. The two developed a friendship, and in 2004 Sofia made Maria an offer. She promised a high-paying job in the capital that would allow Maria to send money home and help pull her family out of poverty. Maria agreed and, at Sofia’s urging, did not tell her parents she was leaving.

On the day of the trip, Sofia gave Maria a drink that made her dizzy, then unconscious. When she awoke, the two of them were in a taxi arriving at an unfamiliar restaurant in the capital. Sofia told Maria to go in and clean up, after which the taxi driver drove her and three other girls to a guesthouse. The taxi driver called them inside one after another; Maria was the last. Inside the guesthouse, the taxi driver raped her.

Stunned and broken, but feeling powerless to stop what was happening, Maria was brought back to the restaurant, where she was forced to waitress for a month until Sofia returned. At that point, Sofia claimed to be Maria’s mother and collected the girl’s wages, then relocated her to another restaurant in the city. There, Maria was again forced to wait on tables, but soon the servitude extended to sex with customers in a backroom. Weeks later, the cycle was repeated: Sofia arrived, claimed Maria’s earnings and relocated her, this time to a dancing parlour. Suspicious of Sofia and Maria’s relationship, the owner of the establishment alerted the local authorities, but they took no action. At the dancing parlour, Maria was forced to work, but was not sexually exploited.

Maria’s salvation finally came when, one night, her uncle happened to visit the dancing parlour. Recognizing Maria, he informed her parents, who sought assistance from a human rights association. Staff from the association freed Maria and filed a criminal suit against the perpetrators in a provincial court. In December 2005, Sofia was sentenced to 10 years in prison and fined approximately US$ 250, which Maria received as compensation. The taxi driver was not convicted. Despite Maria’s testimony, the investigating judge dropped the charges against him because Sofia and Maria made contradictory statements and Maria was unable to locate the guesthouse where she was raped. The judge made no attempt to summon witnesses from the guesthouse or restaurant.

Men Forced to Marry

2009-06-03T06:30:00.001-07:00

From the BBC:

The UK's first male-only refuge for those who have been forced into marriage is being considered. One victim tells of the dramatic effect the experience had on his life - and how he has come through it.

When Imran Rehman was 10, he was taken to Pakistan and found himself in the middle of an enormous family party. He remembers being told to sit next to a little girl in a fine dress. He did not understand why, but he and the little girl were, jointly, the centre of attention. They were showered with money and presents and they had garlands cast around their necks. Imran said: "I was just paying attention to the food and the money. I didn't know what was happening. I just thought it was a party."

It was not until five years later that he was shown a photograph of that celebration - and he finally understood its significance. It had been his own engagement party. The little girl was his five-year-old first cousin. She was also to be his wife - whether he liked it or not.

"It made me feel sick, knowing that was my engagement. I went off the rails. I got into the wrong crowd, I got into fights, I got expelled from two schools," he said. To get him to behave, his parents took measures that many people might see as extreme. They sent him to Pakistan, telling him it was so he could see the area where they had been born. For a while, he says, "it was nice to be on holiday". Then, one morning, he says, he was drugged, taken to a mosque in a deserted village, and imprisoned. Once there, he had shackles locked around his feet. "I was kept in a room, locked up. I had to sleep like that. I even had to eat, go to the bath, toilet, shackled like that, for 15 days."

With the help of friends, he was eventually able to find his way back to the UK. When he got home, the only explanation he got from his family was it was his "rehabilitation". The pressure continued, perhaps to a lesser degree, for years, until something happened that finally made up his mind up that he had to get married.

He said: "I was 24. I was working at Birmingham airport. I got a phone call to say one of my close relatives was extremely ill. I was the first person there, by their bedside. I said: 'What can I do to help?'" His poorly relative told him that if anything was to happen to her, it would be his fault, for not going to Pakistan to get married. He says he was emotionally blackmailed, and he felt that he had no choice. "So I went to Pakistan. I didn't want that on my head, you know," he said.

He married his cousin. But the marriage only lasted a month before Imran told his family it was over. He was told he had just two choices: "Stay with your wife, buy a house, have kids, live your life. Or get disowned." "So I left home," he said.

It was the beginning of a seven-year severance from his family. He says he drifted from job to job, drank too much and struggled to deal with his trauma. "My family had disowned me. I just thought: 'I've got to stand on my own two feet and try and battle it out'. Which I couldn't understand how to do."

He eventually found a support organisation called Karma Nirvana. At the time, this Derby-based self-help group was only for women. But they realised, through their dealings with Imran, that men were also vulnerable to becoming victims of honour-based violence. Now, Imran works with Karma Nirvana as a support worker for men who suffer in the same way he did.

He says it is harder for men to seek help than women because men are not allowed to be open about their feelings. He said: "You're a man, you don't cry. If you cry, you're not supposed to show your tears. It really stressed me out. "I knew there was no support for me to go anywhere. Now, there is support out there for men. I encourage men to come forward. "What I tend to do is I tell my personal experiences to the men I work with, male victims. And believe me, they do open up."

Imran now supports 36 men who have been victims of forced marriage or honour-based violence. He says helping them get over their problems is a way to help himself to stay positive. "It makes me feel good, you know? I know I'm not alone any more. Before, when I was alone, I used to feel like I was the only man who was going through it," he said. Now he knows there are others who have gone through what he has been through. And he hopes they will all get the kind of support that will help keep them safe from their families.

See No Evil, Hear No Evil, Speak No Evil

2009-06-03T06:29:00.000-07:00

By Merissa Nathan Gerson

We live in a culture grounded in a victim/oppressor mentality. Good vs. evil, right vs. wrong. In general we prefer to find a villain. When it comes to prostitution America doesn’t shift values. There is always the good one, the bad one, the poor one, and the advantage taker. There is the victim hooker and her oppressive John. Or else there is the villainous sex worker, the embodiment of evil, and the client, the guy who comes in and then leaves.

There is another way of looking at the Hooker-John dynamic, one that takes into account the culture around these two agents, a view that holds the man as accountable for his wounded nature as the often-victimized prostitute.

In various feminist circles there are large debates surrounding the notion of a sex worker possessing power. There are some feminist sex workers, like many of the performers at the renowned Sex Worker’s Art Show, for example, who see themselves as sexual healers. There is Xaviera Hollander, author of The Happy Hooker, who turned her job into a fine art. And there are sex workers who view themselves as therapists, catering to the needs of broken men, the bedroom their foray for sexual liberation and experimentation.

Then there is the flip side, the pimps, the psychological pasts of so many women involved in the industry. There is the abuse, the torture, and often, the inhumanity. At the Dumas Brothel Museum in Butte, Montana there were rooms underground with vibrators operated by 500 volts of electricity. These were for the clients to use, to “pleasure” the prostitutes. There are scenes in movies, like Ma Vie en Rose, that show what happens when a man, in a position of physical power over a woman, takes gruesome advantage.

Nudity, money, desire; these things combined put women in often-terrible slave-like conditions. There are the debatably happy hookers, those in charge of their own industry, and then there are those whose businesses are owned and run by men and others in positions of power, who often view their workers as dogs. There is the movie Milk Money, with Melanie Griffiths, that shows a good example of abuse within the trade. And there is the movie Nuts, with Barbara Streisand, which closely links childhood sexual abuse to her character’s prostitution habit.

What are so often looked at in these cases are the women; their mental state, the causes of their drive towards stripping or prostitution. But rarely do we evaluate the psychology of a man wishing to purchase sex. We might condemn him, like the Elliot Spitzer case in New York, but to ask what he reflects of a larger mindset is uncommon. Prostitution is huge, has been for years in cultures around the world. It is statistically a market that feeds the thirst of men. One wonders, though, why?

Someone might answer, animal desire. Others would say that’s how men are. But as much as someone might link childhood trauma to a sex worker’s involvement in the business, so might another view the man who pays a stranger to be intimate with his body.

We are sexually repressed as a culture. From normalized sexual expectations to an overall denial of pain and feelings in men, it is possible that they turn to sex workers for relief beyond the orgasm. Sex workers allow men to express and release feelings without consequence or commitment. They are an outlet to larger issues. Some feminists might even argue they aren’t an issue at all; that the desire to pay a stranger for sex is not to be judged.

When it comes down to solving the issue of sexual slavery, of prostitution gone wrong, turned abusive and oppressive, the victimization of the women involved does not alleviate the problem. Understanding the urge to purchase, dominate, and abuse; comprehending the market, the drive, the dilemma that pushes a culture to not only hide its sex workers, but to hide its desire to frequent them, this is what might curb future abuse.

Both the client and the worker are involved in a momentary relationship. This relationship not only reflects a great deal of suffering, but also shows the wounded nature of sexuality in a nation implicated in the push and pull of prostitution.

In Search of the Whole

2009-06-03T06:28:00.001-07:00

By Merissa Nathan Gerson
July 24th, 2008

My body, as an invadable entity, is coveted by the wounded. To seek relief there are people out there who want to rape me, take me, dominate me, and somehow leave feeling satiated. This occurred to me walking home the other night. I was alone and there were two men walking close behind me. I thought about the fear, a womanly fear, of sexual abuse.

What is it, I wondered once they were no longer close behind me, that makes rape so common? While aware that rape goes both ways, men raping women, women raping men, the fear of a random attack alone late at night in a small mountain town, this fear of rape, for me, is wholly grounded in my female physicality.

To rape a woman, among other things, is to rob her of power. I imagined women's bodies as holders of the sacred, of immense force, the capacity to create, the embodiment of every rapists very origin. To rape is to return to the place you emerged from. To rape is to angrily take back the womanhood that you left, that you do not contain. This fear of physical invasion is a constructed piece of my identity as woman.

Rape and human trafficking are grounded similarly in their connection to social constructs of gender and sex. It is not so simple as patriarchy. It is not so clean as a weaker and stronger sex. The sex trade industry is the manifestation of a deeper imbalance in each culture where it is found. It is the manifestation of repression, the embodiment of the unspoken.

I recently went to an all-nude strip club in Boulder and was surprised by how little it disturbed me. Naked and worshipped, solely for the object form of their bodies, were glistening hairless women. This was a simply reaffirmation of everything I knew to be true in society. On the gendered bodies of men and women we project power roles, dynamics of deprivation, lack of expression, and ultimately, a deep form of idol worship.

I do not condemn the stripper, the john, the rapist. I condemn the socio-economic and socio-cultural structures that create these small worlds. A strip club is no different than a Facebook advertisement telling me to lose thirty-seven pounds in thirty days. Both are byproducts of a social world that emulates masculinity and represses femininity, leaving both the man and woman at a loss.

In Jungian psychology there is the concept of wholeness via the incorporation of the anima and the animus. A man, to be a whole man, needs to incorporate the feminine, or anima. Whereas a woman, to be her complete self, needs also to incorporate the male, or animus. The divisive gendered nature of our world, living in binary and black and white, does not permit this "wholeness." Without wholeness the people functioning within and running this country are fragmented.

In raping a woman, a man implies, by default, his own wounded nature. In damaging another, he exhibits his own inner ruin. Pain is passed between people when unresolved. For this, we have a human trafficking problem. For this there are self-hating women, with a counterpart of self-hating men.

Our sex industry is only the mirror of our social selves, fragmented, gender biased, the disempowerment of women by disempowered men. It is a ricochet effect; he who oppresses is himself bound. And we, the community around the oppressors and the victims, are equally tied up. The denial of feminine power is a blanket indicator of a social ill affecting every member of our society.

Somaly Mam Named One of Time's Top 100 Most Influential 0f 2009

2009-06-03T02:12:00.000-07:00

Thursday, Apr. 30, 2009
Somaly Mam
By Angelina Jolie

Somaly Mam and Cambodia's Khmer Rouge regime were born around the same time — when the U.S. began secretly carpet bombing her country. The bombed villages became fertile ground for the Khmer Rouge's growth and Pol Pot's revolution.

By the time Mam was 5, the Khmer Rouge controlled Cambodia and had proceeded to kill 1.5 million people as Pol Pot implemented his radical form of communism. Torture, executions and forced labor were widespread. Families fled for safety, and massive internal displacement decimated Cambodian society in the years that followed.

Against this backdrop, 12-year-old Mam was sold into sexual slavery by a man who posed as her grandfather. She eventually ended up in a Phnom Penh brothel, beginning a decade of horrific rape and torture. She describes this period of her life simply: "I was dead. I had no affection for anyone."

Terror is the weapon of choice for those who hold women in sexual bondage. They depend on their victims' being frozen with fear. Traffickers hope that with enough pain and degradation, women will simply accept their fate as inescapable. But Mam was able to escape. With the help of an aid worker from France, she fled Cambodia in 1993.

The fact that she escaped makes her unique, but what makes her truly extraordinary is that she went back. While, understandably, most people would spend the rest of their lives quietly recovering from their wounds, Mam decided to confront the system that continues to victimize Cambodian girls.

In 1996, Mam created a nonprofit organization called AFESIP (Agir pour les Femmes en Situation Précaire, or Acting for Women in Distressing Circumstances) that works with local law enforcement to raid brothels and reintegrate the trafficked women into society. It is estimated that between 1.2 million and 2 million people are currently being held as sex slaves around the world. Mam, now 38 or 39 (she does not know her birthday), has established a model for addressing this issue and has already helped more than 4,000 women escape the brothels.

She has paid a terrible personal price for doing so, enduring death threats and assaults. In an effort to deter her work, brothel owners even kidnapped, drugged and raped Mam's then 14-year-old daughter in 2006.

Most people would have walked away. Mam continues to fight back so that others can be spared the pain she once suffered.

Jolie, an Oscar-winning actress, is a goodwill ambassador for the U.N. High Commission for Refugees and co-chair of the Jolie-Pitt Foundation

Further Reading:

http://www.time.com/time/specials/packages/article/0,28804,1894410_1894289_1894268,00.html

Prostitution: The Oldest Profession in the World

2009-06-03T02:11:00.000-07:00

When it comes to sex trafficking, there is a lot of tension among abolitionists over the topic of prostitution. On the extreme ends, some see all prostitution as a form of trafficking while others make a clear distinction between a person who is a prostitute and someone who is a victim of trafficking. There is, of course, a lot of grey area in between. I bring this up though because today I'm feeling a little frustrated with people who make statements such as, "Prostitution is the oldest profession" or "It's been around for centuries," - as if that somehow proves a point or justifies anything in the prostitution vs. trafficking debate (or, the more common debate over whether prostitution should be legalized). I hate it when people point this out - as if it somehow legitimates anything. Just because something has been around for a long time, doesn't mean it's a good thing.

It's hard to say that women 2000+ years ago chose prostitution of their own free will - more likely, they chose it because it was the only option. It was certainly not some grand statement of female empowerment - rather it was a reaction to the social restrictions placed on women at the time. (Now, some might point to various societies where sex was not as taboo or wrapped up in morality as we see it today, and to them I say that we are talking about commercial transactions for sex - and that if someone can point out a society where prostitution was just as valid a decision as any other business endeavor, and garnered just as much respect and inclusion in society without any opportunity costs (such as marriage) that other business endeavors did not have - I'm willing to listen). ANYWAY - fast forward 2000 years and I wonder how much of this has changed - how much of the decision to become a sex worker today is an enthusiastic embracement of one's own sexuality and the desire to express it in a particular manner, and how much of the decisions is a product of circumstances.

In the present day tension, the idea that someone might choose or even be forced to become a sex worker because of certain circumstances is often overlooked. Now, it is true that, at least from a federal law perspective there has to be some sort of force, fraud, or coercion involved for a commercial transaction involving sex to be considered trafficking. What isn't so clear is what those three words mean. For many, there seems to be this idea that they refer to actions of violence - the woman was chained to the bed, or a gun was held to her head, or she was beaten until she finally submitted. Others consider a definition that afford a little more breadth, so that things like deliberate/blatant psychological coercion or manipulation will qualify as trafficking. Absent some egregious factor such as specific and/or severe physical, sexual, or psychological abuse (from a pimp or from her past) though, many people assume that a woman who is a sex worker is doing it of her own volition - she wants to be there, it was her choice, etc. I think though, that other circumstances play an important role in the idea of consent and that there is room in the idea of force, fraud, or coercion for a different interpretation of consent - one that considers background circumstances that may 'force' a woman into prostitution.

Consent in my mind means active and enthusiastic yes. This can include a woman who chooses, of her own accord, to engage in sexual acts for money. I do not deny that some women will and do choose, of their own volition, without any sort of past hardship or lack of opportunity, to become a sex worker - BUT I think the number of women who fit into this category is very, very small. I think that a large number of women who become sex workers are pushed to that decision by other factors in their life, and when you start adding those factors in, the line between consent and force, fraud, or coercion becomes blurry. What about the woman who did not have the opportunity for an education that would provide her with job skills? What about the woman who has kids to take care of but can't find a job that pays enough? What about the woman who grew up in foster care, or in a family environment surrounded by drug abuse, or the one who is just down on her luck? Are these women victims of trafficking, or are they consenting sex workers?

I am not in any way making a moral judgment here. For your purposes and mine, I have no opinion on the morality of sex workers. What I am trying to do is reframe the debate so people stop seeing it as a black and white, good vs bad issue. I'm asking people to look a little deeper, beyond the question of whether a woman should be allowed to choose to sell her body, beyond the question of whether the government has any right to outlaw a person's rights over their own body, and look beyond the apparent consenting adult ethos. Ask yourself what consent really means, and again, are these women victims of trafficking, or are they consenting sex workers?

My answer? I don't know. Maybe this type of circumstance-created sex work doesn't rise to the level of trafficking, but at the same time I hardly think you can view it as enthusiastic consent. I tend to think that many women who are sex workers would not be in that profession if they were given the opportunity for something else (and the idea of a different set of opportunities can go the whole way back to childhood). I also tend to think that the image we see of sex workers - on TV, on news shows that discuss the topic, etc - is a much more glamorous version of what most sex workers experience. I get a sense that the women who go on to news programs to advocate for sex workers (sometimes actual workers, sometimes not) are the exceptions to the rule - maybe even the ones that did have the opportunities others miss. (NB: that was a huge blanket statement there. Please excuse for the sake of the argument).

Now, for a full disclosure that hopefully won't distract from my above point - I don't know what I think about prostitution being legalized either. Some days I favor the idea of legalizing it - because a woman should be able to decide what she does with her body, and even if the only reason she is involved is due to circumstances that forced her there (money issues for example), far be it from me to limit the ways she has to escape those circumstances, or force her into a worse situation because that avenue of income is unavailable. Now, on those days I still favor prosecuting those who create the demand for such services to the maximum possible under the law. I have no time for people who pay for sex - I think it is wrong and pathetic and there is no way you will ever convince me that the payor is not exploiting the payee, even if the payee is a consenting adult. This is one of the few things I will express a judgment on with no reservations or qualifications whatsoever (although the law student in me still feels the need to reserve the right to change that statement, should anyone make a valid argument that convinces me I am wrong). For more on the idea of legalizing prostitution but outlawing the demand side.

Oh - and also - take a moment to think about the phrase, "Prostitution is the oldest profession in history" before you use it to justify present day prostitution. Whether you are for or against the legalization, basing your argument on the reality of a few thousand years ago is just silly.

Human Trafficking and Media: Blessing or Curse

2009-06-03T02:06:00.000-07:00

Amanda Kloer, the author of the End Human Trafficking blog on Change

I believe that the world’s stereotypes emanate from one source: Lifetime television. Over the years, Lifetime has taught me that cancer mostly happens to young, pretty, white women; that eating disorders can be cured by a good, long cry; and that Tori Spelling can survive anything. Lifetime has taken on a lot of serious issues, but many of their made-for-tv productions are so fraught with sensationalism and stereotypes, they can do more harm than good. And Human Trafficking is no exception.

In 2005, Lifetime produced a film called Human Trafficking, which starred Mira Sorvino and Donald Sutherland. It was one of the first times that any form of mainstream media had done such an extensive feature on the issue. The story was fictional, about a female Immigration and Customs Enforcement (ICE) agent (Sorvino), who eventually goes undercover in a ring of human traffickers. The narrative hits a few accurate details, but sensationalizes, simplifies, and ignores others. It stereotypes traffickers, victims, and law enforcement agents, sometimes with gross inaccuracy.

And yet in some ways, Human Trafficking may have been what took the abolitionist movement from the niche to the mainstream, or at least made it more visible. I worked for an anti-trafficking NGO when Human Trafficking first aired on Lifetime, and fielded at least ten phone calls the following day. People asked “Does this really happen?”, “Does this really happen in America?”, “What can I do?”. Some of them donated money. Some of them asked for a volunteer application form. What I saw as frustrating inaccuracies, they saw as a call to action against their first taste of injustice.

The presence of human trafficking in the mainstream media is both a blessing and a curse. Media attention raises awareness, which raises funds and public demand for better legislation and enforcement, which ultimately can help tackle this huge issue. But the temptation to oversimplify it, to make it “sexier”, to sensationalize a story which practically begs to be sensationalized is overwhelming.

I blog about human trafficking, and have often felt that pull to boil trafficking down to a series of words: child, sex slave, chained, forced, kidnapped, virginity, corruption, conspiracy. They are words that leap at your eyeballs and wiggle into your memory. But breaking human trafficking down to mere words loses the truth: that slavery is a complex and growing institution that we support and that we allow to flourish. We worship the pimps. We buy the iPods. We think we can end human trafficking with a good long cry. We can’t.

Like trafficking itself, mainstream media attention for the issue is complicated. Must we take the bad with the good? Or can we continue to push for real depth and accuracy, instead of sensationalism or simplification? We can, but it might take a lifetime.

Hyderabad Mizo Association thuchhuah

2009-06-02T03:53:00.000-07:00

HYDERABAD MIZO ASSOCIATION

(Regn. No. 1837/87 A.P.)

_____________________________________________________

Dated: 9.3.2009

THUCHHUAH

Kum hnih mai liam ta ah khan Hyderabad a Mizo Thalai security guard tur lak ten harsatna namen lo an lo tawk tawh a. Hei hi an hnathawh tur an hriatchian hmasak loh vang leh an beisei ang a nih tak loh avang a ni ber a. Phai lama hnathawh tum midang te pawh kan fimkhur a, buaina kan tawh loh nan tiin Mizoram chanchin thar tarlanna hrang hrangah Hyderabad Mizo Association chuan thuchhuah hial a lo siam tawh a. Hrechiang tawk tawh tur a kan in beisei laiin tun hnai mai khan hetiang boruak bawk hi kan tawng leh ta a ni.

Tunhnai lawkah khan Mizoram atangin Hyderabad-ah Security Guard hnathawk turin Mizo tlangval paruk (6) chu an lo thleng thla a. Aizawl-ah hnathawk tura kawhhmuhtu(consulting agency) te nen an hnathawh tur engkim inbe felin, an hlawh turte pawh chiang taka in hrilhin an rawn thlen thlak hnu a hna chu thawk nghal mai turin Hyderabad an rawn thleng thla a. An hna hmuh chu an thawk ta ngei a, an mahni in thawk tur a an in beisei dan leh an hnathawh tir dan (working nature) chu a lo inmil ta lova. Tin, an hlawh zat tur a an hrilh ang pawh chu an sawi aia tlem a lo ni a. Vairama khawsa ngai lo leh sum leh pai lama harsatna nei te an nih avangin an duty na tur hmunah pawh a dan pangngai angin a hunah an thleng ziah thei ta lova, an hotute nen an inkarah neuh neuh a awm chho tan a. Ni rei pawh an thawk hman meuh lo, an hna atanga ban an nih bakah an awmna atang in an bungrua nen hnawhchhuah an ni ta a ni.

Mizo thalai ram dang a hna la beisei tur ten hetiang harsatna hi kan tawn tawh lohna turin Hyderabad Mizo Association chuan a hnuai kan tarlan te hi hrechiang theuh turin kan in ngen a ni:

1) Mizorama hna pe thei ni a hna zuar thin consulting agency a piang te hi rintlak leh inghahna tlak vek an ni kher lo tih kan hriat a tul. An mahniin information an pek bakah thildang chikna chang kan hriat a, a rem a nih phei chuan an thawhna tur khawpuia Mizo hruaitute biak rawn hmasak a tha.

2) Hna engpawh kan thawk dawn a nih chuan a ruaitu leh hnathawk te inkarah in remsiamna fel tak, (document) ziak ngei a dah a awm tur a ni. Buaina a lo awmin thusawi a in rem mai ai chuan ziak ngei a dah hian tanfung tha a siam thin.

3) Phai ram dinhmun hrechiang hmasa zet lovin, phai lama hna zawn hi a him hauh lova, vai ho khawtlang nunphung mil a awm thei lo tur phei chu rawn kal loh tawp mai tur a ni. Vai ram hnathawh chungchangah hian chi/hnam hnuai hnung leh chi/hnam tha te inkar a zau a, hna hnuaihnung (unskilled labour) thawk te phei chu chi/hnam hnuaihnung an nih tlangpui avangin an dim ngai meuh lo, an hmusit tel bawk thin. Hei hi Mizo hnathawk tur te hian kan hrethiam lo fo thin. I hrechiang ang u.

4) Phai ram hi hna tha ber ber awmna a ni kher lem lo tih kan hriat a tul. Mizoramah pawh taima tan chuan thawh tur a awm teuh tih hriat a tha. Thiamna bik nei lo (unskilled) tan phei chuan pen chhuah loh a him ber.

5) Khawi hmunah pawh hlawhtling tur chuan beih hram hram a ngai a, kan chhel tawk dawn lo a nih chuan pen chhuah loh a him ber. Vai ram hna hrim hrim hi Mizorama kan thawh dan phung nen a inang lo hle a, a hahthlak tih hriat a tha.

6) A bikin Hyderabad-a kan harsatna tawh tam ber chu Security Guard buaina hi a ni a. Security Guard hna hrim hrim hi hna chhia a ni lem lo, amaherawhchu kan thil tawn tawh atanga ngun taka kan ngaihtuahin eizawn nan leh dinchhuahna a tan kan Mizo puite kan duhsak pui lem lo.

“Pathian leh kan ram tan”

Sd/- Sd/-

(C.DOTHANGA IPS rtd) (JOSEPH K. LALMUANPUIA)

President General Secretary

RAM DANGA HNATHAWKTU THAWN CHHUAH CHUNGCHANGAH SORKAR LEH MIZO MANPOER SUPPLIER AN INMIL LO

2008-02-28T06:09:00.000-08:00

Ram pawna hnathawk tura Mizo thalai thawn chhuaktu, Mizo Manpower Supplier (MMS) in license a neih dan leh he agency kalhmang enfiah tura Labour & Employment officer pakhatin Aizawl P/S-a FIR a thehluh chungchangah, L&E Director, Pu P. Lalthlengliana chuan, he Agency, MMS hian rin ngam an ni ngei tih finfiahna tha tawk an neih theih mai loh avang leh tunlaiah ram pawna mi thawn chhuah chungchangah fimkhur a ngaih avangin police lam chu enfiahsak turin an ngen tih Zonet a hrilh a, MMS Proprietor, Helen Lalhmingsangi chuan an hnathawh danah thil dik lo a awm loh thu a sawi thung a ni. L&E Director chuan mi an tirh chhuah leh anmahni dawrtuten complain an neih avangin MMS hnenah hian an agency chungchang an zawtfiah tih a sawi a. MMS hian Central hnuaia phalna hmu an nih avangin Mizoram sawrkar hnuaia Labour & Employment Deptt. hnuaia mi an ni lo niin an hrilh tih a sawi.

L&E Director chuan, lehkha pawimawh leh certificate an dil chu MMS hian a pe thei lo nia sawiin, an license-in a phut angte an tih leh tih loh pawh an hre thei lo niin a sawi a, Labour thil a nih hrim hrim chuan an department nen a inkaihhnawihah an ngai niin a sawi bawk. MMS hian state pawna an mi thawn chhuahte chungah mawhphurhna an nei zui lo nia an sawi chungchangah, Recruiting Agency an nih chuan an mi thawn chhuah tawhte chungah hian mawhphurhna a nei turah an ngai tih pawh L&E Director chuan a sawi a, tunlaiin hnathawk tura mi tir chhuaktu nia insawi agency zingah belh chian dawl lo an tam tawh avangin hriat chiana en chian ve a ngai a, hnathawk tura state leh ram pawna chhuakte himna leh an ham thatna pawh an mawhphurhnaah an ngaih avangin enfiah turin police te an ngen a ni tih a sawi.

Heng bakah hian hnathawka thawn chhuah turte hnenah hian anmahni buaipui man duh ang angin MMS hian an tuk mai nia an hriat thu te, Malaysia-a an mi tirh chhuahte pawh Mizorama an hnathawh tur a sawi hmuh ang leh a hmun an thlen hnua an awm dan a inan loh thu te an sawi niin Labour & Employment Sirector hian a sawi bawk.

L&E hotute hian Certificate an hmuhna nia an sawi Ministry of Labour-ah thu an zawh fiah mek thu sawiin, vawiina internet atanga an enfiahnaah Mizoramah ram pawna hnathawk tur thawnchhuak theitu Ministry of Labour-a in register chu Orient International Linkage Inc. license no. ND 3/4/6636/2004 chauh hmuh a nih thu an sawi a. Hetianga hma an lakna chhan hi mimal inhuatna lam a nih loh thu leh, Mizo hnam humhalhna tura an ngaih vang a nih thu sawiin, ram pawna hna thawk tur thawn theitu an awm chuan an department tan chu an lawm hlei hlei zawk niin an sawi bawk. Hemi chungchangah hian MMS Proprietor Helen Lalhmingsangi chuan Zonet zawhna chhangin L&E hian an license an la dil lo niin a sawi a.

Kum 2003 khan Ministry of Labour atangin license no. A 0128/Mizoram ER/300/4¾/8026/2007 an hmu niin a sawi a. Ministry of Law, Justice & Company Affairs hnuaia The Immigration Act, 1983 dan hmanga license hi pek an nih hnuah tunah chuan Ministry of Overseas & Indian Affairs-ah transfer an ni tawh a ni nia sawiin, an agency hi Mizoramah mai ni lo, hmar chhak bialah a hmasa ber a nih avang leh, heti lamah hian mipuiten hriat an la ngah loh avangin heng harsatna hi an tawk nia a ngaih thu a sawi. Tuna buaina lo chhuahna bul chu Canada-a kal tur pakhat, L&E Director laina hnai pakhatin a duh leh loh avanga a lehkha pawimawhte lak let a tumnaah, anni lamin an lo process hman tawh avangin lak chhuah mai theih a nih loh thu an lo hrilh a, hemi hnu hian Director chuan mi dang hming hmangin anmahni lakah FIR a thehlut ta niin a sawi.

An mi thawn chhuah turte hi saptawng leh Hindi pawh thiam lo mahse, unskilled labour tur an nih avangin harsatna a awm chuan loh thu leh, saptawng phei chu an kal hmain an zirtir thin thu a sawi a. Tunah hian Dubai-a kal tur mi 12 chu saptawng hi an zirtir mek nghe nghe niin a sawi. An mi thawn chhuahte chunga mawhphurhna nei zui lo anga an insawi chungchang sawifiahin, agency hnathawh tur chu candidate te lo buaipui a, an mamawh - visa/emmigration clearance lo buaipui a ni a, a dang an chhiat an that chu anmahni lo chhawrtute mawhphurhna a ni a ti a. Malaysia-a an mi thawnte lo haw leh chungchangah, an hnathawhna tur hi Oil Palm plantation a nih avangin a hrehawm theih dan tur te hrilh lawk an ni a, an thawh theih inringin an kal a, thla 6 chiah an awm a, an awm chhungin hrehawm an tihzia an rawn sawi thin a, hemi hnu hian an tlan chhuak ta niin a sawi a, he mite chanchin leh an awmna hi kum khat chhung an hre zui lo tih sawiin, an lo haw hnuah a tir chhuaktute sawiselna lam an rawn sawi chhuak ta niin a sawi bawk.
MMS proprietor Helen Lalhmingsangi chuan tuna beihna an tawh mek chung changah hian insawifiah chuk chuk tul a tih loh thu a sawi a, Chanchinmbu tam taka dik lo tak taka an puhna te, anmahni zawt fiah hmasa lo a an chhuah mai thin chu mak a tih thu a sawi bawk. Vawiina Zonet-in a kawm hian MMS hotunu hian a chhang lai hmel tihlan tul a tih hrih lo a, an hotu remtih hunah thuthar lakhawmtute kawm a la tum thu erawh chu a sawi a ni.

Comments posted on
http://zawlbuk.net/index.php?module=Pagesetter&func=viewpub&tid=1&pid=717

Madini Subject: he agency hi khar hmak tlak a ni posted: Feb 09, 2008
registered: May 06, 2007
khar hmak tlak a ni tih ka sawi ngam na chhan chu kan thiannu ka ti tawh mai anga kan buaipui nasat em a vangin,a hming chu ka sawi lo mai anga nikum jan thla khan kan unaupa pakhat manipur zin haw in jordan airport ah a rawn chhar nawlh mai a ti chuan Tel Aviv Ben Gurian airport thlengin an rawn in chhawm chho zel a ti chuan a awmna tur ni a hriat helam agen te chuan an hruai ta a mahse a kal hma a an lo sawi ang kha a ni reng reng si lo a hmun tawp em em ah mutna tha pawh awm mu mal loh na hmun ah an lo dah a ti chuan a mang ang lutuk a in tih hlum hial pawh duh khawp in a lo awm hman a, kan unaupa number chu a lo nei hlauh a ti chuan kan unaupa te chuan an va hruai chhuak ta tawp a(tun a hmun tawp tak ka rawn sawi hi Arab ho hmun ani)ti chuan kan in ah an rawn hruai lut ta tawp mai a tunge a nih pawh kan hre chuang lo chu nula khawngaih thlak tak chu ti chuan kan in a riak turin kan lo sawm ta a tumah chhungte belh tur nei lo a ni bawk si a,ti chuan a tuk mai ah chuan an rawn phone leh a ti chuan a hna thawhna tur an tih ah chuan kal turin an rawn sawm a a va kal ta a Arab pitar awmpui tur a tih a lo ni a agena atang a an lo pek a ni bawk si a ti chuan he nula hian eng ti tur tak a lo kal nge a nih a hre reng reng lo a,hun a lo kal zel a kan nau pakhatin a chhui chhuah sak ta a Arab ho zing a nawhchi zuar tur a tirh a lo ni reng mai, thil harsa tak tak a pal tlang a zawng a za in ka sawi vek lo mai ang tun ah chuan mahse tun ah chuan Israel state chhung ah thlamuang takin a awm ve tawh a a lawmawm khawp mai mahse hetiang thil hi ka awmna ram ah hi chuan rawn thawn reng reng tawh lo se ka duh mai bak ah ka ngen ngawih ngawih a ni,hmasawnna lam zawng a tirh an nih te chuan chu chu thil dang a nia mahse unskilled llabour tur ang hi chuan a khir khan lam a ni, mahni in hai veng deuh lo chu ram dang ah hian in tirh mai mai chi a ni lo, tawk hrih mai teh se a la tam lutuk sawi tur.

Chhandama posted: Feb 09, 2008
registered: Apr 10, 2007
Mahni ramah hna a awm lo tih hi thudik a ni a. Chutianga hna a awm loh avang tak chuan a hmei apain ramdangah hna thawh kan tum ta a. Kan tumna a ropui a. Mi tam takin an thawk mek bawk. Chutih rual chuan ram dangah kher lo mahni ramah thawh tur hi a awm hlawl lo em ni tih hi ngaihtuahna min neih tir fo thin a.
Mipa hi chu khawiah pawh kalin hna va thawk ila a pawi reng reng lo. Hmeichhia hi chu Doctor, nurse, engineer, manager, etc. an nih loh chuan mi ina awm tur tea ram danga an kal hi chu an ngaihtuah awm deuh a ni tih hi ka sawi duh a. An thawh tur hriatsa awm mang lo va, hmeichhia ram danga an kal ringawt hi chu an ngaihtuahawm lehzual a nia. An hmabak chu a tam berah chuan mahni inzawrh a ni tawh mai. Amaherawhchu, an duh vang renga inzuar ta mai a nih chuan sawi phak phei zawng kan nei lo mai thei e. Mi ina an awm pawh hi tam tak hi chuan sex abuse pawh an tawk ngei dawn a ni. Chutiang thil an va tawn chu nge tha a, mahni ram, khuaah, hna thawh theih ang leh a awm ang ang thawh? Hmeichhe tan ram danga an kal ringawt hi a risky deuh.

clliana Subject: MMS - Mizo hmeichhie hruai khawlo tu anni thei angem? posted: Feb 10, 2008
registered: Sep 24, 2007
Nikum pawh khan Saiha nula pakhat Malaysia a an thawn chu natna mak deuh veiin alo ho a,June thla Khan Aizawl civil hospital ah a thi...

Cicily.Chhuantei posted: Feb 10, 2008
registered: Dec 31, 2007
Heleni te tih tho ah khian kan khua ami mipa pakhat chu Singapore ah khan akal ve a,Loan te la in(akal man ah)November thla ah Mizoram an chhuah san a Delhi vel ah an tangkhang a,January ah an kal chauh a,an hna sawi ang kha alo ni lo a,ramhnuai ah tui poh awm mang loh na ah,riahna hmun thra poh awm lo in kan awm reng a atia ahnu ah beidawng in a rawn haw leh tawp.
Rampawn a in thawn chhuah dawn hian mahni lu zo tak te anih loh chuan chin tam chi ani in ka hre lo.
A thawn tu te hian an hlawk na ringawt an um in ka hria,an thawn hnem leh an hlawk na ani mai si a.

sangmama posted: Feb 11, 2008
registered: Nov 10, 2005
Location: New Delhi
Kan thil hriatte hi a dik ngei ang a.. an victim te hian chiang taka court / sawrkar thuneitu te an hrilh hriat / khin a van tha awm em? Nakin zel atan hetiang an ti takzet anih chuan hnam anga thil pawi tak a ni tlat.

Observer posted: Feb 11, 2008
registered: Oct 08, 2006
A dik tak tak anih chuan sorkar tan pawh phalna pawhsei sakloh ni mai lovin tuten emaw FIR Fist Information Report) Police Station ah thehluh tur anih chu maw aw ! Thudang alai chuan he subject hi Central sorkar buaipi chi ani lo maw ? A pawi hlawm ani e. Lehlamah erawh chuan meng leh meng inbum te pawh an ang rum rum.

Cicily.Chhuantei posted: Feb 11, 2008
registered: Dec 31, 2007
Ka sawi khi Nov-04 in an chhuak a Jan-05 ah Delhi an chhuah san a,2005 kum tawp ah arawn kir leh.Chumi tum chuan kei poh kal ve ka tum a,mahse ka nu in a phal loh avang khan ka ti luih ngam ta lo a, hei ka ti fuh ta zawk anih hmel(ka kal ta lo kha).

Lalrinawma Subject: Fimkhur ngai posted: Feb 12, 2008
registered: Nov 10, 2005
Hetiang thil chungchanga Mizote fimkhur kan tulzia thu hi article Chhinlung Magazine (Bangalore Mizo Association )a chhuah tur December thla khan ka pe tawh a. He Chhinlung magazine hi February 17 hian an release dawn a. Zau zawka miten an chhiar ka duh khawp mai. Mizote hi bum kan nuam (gullible) lulai hlawm khawp a, a pawi a ni.

Lalrinawma posted: Feb 12, 2008
registered: Nov 10, 2005
Tih dikna: Mizote kan fimkhur a tulzia thu.... tiin min chhiar sak teh u. (Kan back-end editing tools hian correction siamna a pe tel lo tlat )

THE CHILD LABOUR (PROHIBITION AND REGUALTION) ACT, 1986 AND RULES

2008-02-04T06:15:00.000-08:00

THE CHILD LABOUR (PROHIBITION AND REGUALTION) ACT, 1986 AND RULES
(Act No. 61 of 1986)
[23rd December, 1986]

Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:
Comments

Social and beneficial legislation – Social legislation is designed to protect the interest of a class of society who, because of their economic conditions, deserves such protection. With a view to pass the test of reasonable classification there must exist intelligible differentia between persons or thing grouped together from those who have been left out and there must by a reasonable nexus with the object to be achieved by the legislation.

The Court must strive to so interpret the statute as to protect and advance the object and purpose of enactment. Any narrow or technical interpretation of the provisions would defeat the legislative policy. The Court must, therefore, keep the legislative policy in mind in applying the provisions of the Act to the facts of the case.

PART I

Preliminary

1. Short title, extent and commencement – (1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986.

(2) It extends to the whole of India.

(3) The provisions of this Act, other then Part III, shall come into force at once, and Part III shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.

Comment

May and shall – Where the Legislature uses two words “may” and “shall” in two different parts of the same provision, prima facie it would appear that the Legislature manifested its intension to make one part directory and another mandatory. But that by itself is not decisive. The power of the Court still to ascertain the real intension of the Legislature by carefully examining the scope of statute to find out whether the provision is directory or mandatory remains unimpaired even where both the words are used in the same provision.

In interpreting the provisions the exercise undertaken by the Court is to make explicit the intention of the Legislative which enacted the legislation. It is not for the Court to reframe the legislation for the very good reason that the powers to “legislate” have not been conferred on the Court.

In order to sustain the presumption of constitutionality of a legislative measure, the Court can take into consideration matters of common knowledge, matters of common report, the history of the times and also assume every state of facts which can be conceived existing at the time of the legislation.

2. Definitions – In this Act, unless the context otherwise requires,

(i) “appropriate Government” means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government;
(ii) “child“ means a person who has not completed his fourteenth year of age;
(iii) “day” means a period of twenty-four hours beginning at midnight;
(iv) “establishment” includes a shop, commercial establishment, work-shop, farm, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment;
(v) “family” in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual;
(vi) “occupier”, in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop;
(vii) “port authority” means any authority administering a port;
(viii) “prescribed” means prescribed by rules made under Sec.18;
(ix) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector;
(x) “workshop” means any premises (including the precincts thereof) wherein any industrial process in carried on, but does not include any premises to which the provisions of Sec. 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.

Comments

This section defines the various words and expressions occurring in the Act.

Interpretation of section – The Court can merely interpret the section; it cannot re-write, re-cast or re-design the section.

Ambiguous expression – Courts must find out the literal meaning of the expression in the task of construction. In doing so if the expressions are ambiguous then the construction that fulfils the objects of the legislation must provide the key to the meaning. Courts must not make mockery of legislation and should take a constructive approach to fulfil the purpose and for that purpose, if necessary, iron out the creases.

PART II

Prohibition of Employment of Children in certain
Occupations and Processes

3. Prohibition of employment of children in certain occupations and processes – No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on :

Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by or receiving assistance or recognition from, Government.

Comment

This section imposes prohibition on employment of children in the occupation and processes specified in the Schedule.

Proviso – A proviso is intended to limit the enacted provision so as to except something which would have otherwise been within it or in some measure to modify the enacting clause. Sometimes proviso may be embedded in the main provision and becomes an integral part of it so as to amount to a substantive provision itself.

4. Power to amend the Schedule – The Central Government, after giving by notification in the official Gazette, not less than three months’ notice of its intention so to do, may, by like notification, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.

Comment

This section empowers the Central Government to amend the Schedule so as to include therein any occupation or process considered necessary.

Construction of a section – it is en elementary rule that construction of a section is to be made of all parts together. It is not permissible to omit any part of it. For, the principle that the statute must be read as a whole is equally applicable to different part of the same section.

5. Child Labour Technical Advisory Committee – (1) The Central Government may, by notification is in official Gazette, constitute an advisory committee to be called the Child Labour Technical Advisory Committee (hereinafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule.

(2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government.

(3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure.

(4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee.

(5) The term of office of, the manner of filling causal vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed.

Comment

This section empowers the Central Government to constitute the Child Labour Technical Advisory Committee for giving advice in the matter of inclusion of any occupation and process in the Schedule.

PART III

Regulation of Conditions of Work of Children

6. Application of Part – The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in Sec. 3 is carried on.
Comment

This section lays down that provisions of this Part shall apply to an establishment in which none of the prohibited occupations or processes is carried on.

7. Hours and period of work – (1) No child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments.

(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour.

(3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section(2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.

(3) No child shall be permitted or required to work between 7 p.m. and 8 a.m.

(4) No child shall be permitted or required to work overtime.

(5) No child shall be permitted or required to work in any establishment on any day on
which he has already been working in another establishment.

Comment

This section prescribes working hours for a child labour.

Provision if mandatory or directory – The surest test for determination as to whether the provisions is mandatory or directory is to see as to whether the sanction is provided therein.

8. Weekly holidays – Every child employed in an establishment shall be allowed in each week, a holiday or one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.

Comment
This section lays down that a weekly holiday should be allowed to every child labour.

9. Notice to Inspector – (1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely :

(a) the name and situation of the establishment;

(b) the name of the person in actual management of the establishment;

(c) the address to which communications relating to the establishment should be sent; and,

(d) the nature of the occupation or process carried on in the establishment.

(2) Every occupier, in relation to an establishment, who employs, or permits to work, any child after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars as are mentioned in sub-section (1).

Explanation – For the purposes of sub-sections (1) and (2), “date of commencement of this Act, in relation to an establishment” means the date of brining into force of this Act in relation to such establishment.

(3) Nothing in Secs. 7,8and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any schools established by, or receiving assistance or recognition from, Government.

Comment

This section makes provision for furnishing of information regarding employment of a child labour to Inspector.

Explanation – It is now well settled that an explanation added to a statutory provision is not a substantive provision in any sense of the term but as the plain meaning of the word itself shows it is merely meant to explain or clarify certain ambiguities which may have crept in the statutory provision.

10. Disputes as to age – If any question arises between an Inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed authority, be referred by the Inspector for decision to the prescribed medical authority.
Comment

This section makes provision for settlement of disputes as to age of any child labour.

11. Maintenance of register – There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment showing –

(a) the name and date of birth of every child so employed or permitted to work;

(b) hours and periods of work of any such child and the intervals of rest to which he is entitled;

(c) the nature of work of any such child; and

(d) such other particulars as may be prescribed

Comment

This section makes provision for maintenance of register in respect of child labour.

12. Display of notice containing abstract of Secs. 3 and 14 – Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of Secs. 3 and 14.

Comment

This section makes provision for display of notice in a conspicuous place at every railway station or port or place of work regarding prohibition of employment of child labour, penalties, etc., in the local languages and in the English language.

13. Health and safety – (1) The appropriate Government may, by notification in the official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments.

(2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely :

(a) cleanliness in the place of work and its freedom for nuisance;

(b) disposal of wastes and effluents;

(c) ventilation and temperature;

(d) dust and fume;

(e) artificial humidification;

(f) lighting;

(g) drinking water;

(h) latrine and urinals;

(i) spittoons;

(j) fencing of machinery;

(k) work at or near machinery in motion;

(l) employment of children on dangerous machines;

(m) instructions, training and supervision in relation to employment of children on dangerous machines;

(n) device for cutting off power;

(o) self-acting machinery;

(p) easing of new machinery;

(q) floor, stairs and means of access;

(r) pits, sumps, openings in floors, etc.;

(s) excessive weight;

(t) protection of eyes;

(u) explosive or inflammable dust, gas, etc.;

(v) precautions in case of fire;

(w) maintenance of buildings; and

(x) safety of buildings and machinery.

Comments

This section lays down that the Government is required to make rules for the health and safety of the child labour.

PART IV

Miscellaneous

14. Penalties – (1) Whoever employs any child or permits any child to work in contravention of the provisions of Sec. 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.

(2) Whoever, having been convicted of an offence under Sec. 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.

(3) Whoever –

(a) fails to give notice as required by Sec. 9, or

(b) fails to maintain a register as required by Sec. 11 or makes any false entry in any such register; or

(c) fails to display a notice containing an abstract of Sec. 3 and this section as required by Sec. 12; or

(d) fails to comply with or contravenes any other provisions of this Act or the rules made thereunder;

shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both

Comments

This section makes provision for penalty for contravention of the provisions of the Act.

Penalty – Mens rea – Essential – Penalty proceedings are quasi criminal proceedings. Before penalty can be imposed it has to be ensured that means rea has been established.

Penal provision – Object of – The law in its wisdom seeks to punish the guilty who commits the sin, and not his son, who is innocent.

15. Modified application of certain laws in relation to penalties – (1) Where any person is found guilty and convicted of contravention of any of the provisions mentioned in sub-section(2), he shall be liable to penalties as provided in sub-sections (1) and (2) of Sec. 14 of this Act and not under the Acts in which those provisions are contained.

(2) The provisions referred to in sub-section (1) are the provisions mentioned below:

(a) Section 67 of the Factories Act, 1948 (63 of 1948);
(b) Section 40 of the Mines Act, 1952 (35 of 1952);
(c) Section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and
(d) Section 21 of the Motor Transport Workers Act, 1961 (27 of 1961).

Comment

This section makes provision of penalties under the Act even when any person is found guilty and convicted of contravention of any of the provisions of Sec. 67 of the Factories Act, 1948, Sec. 40 of the Mines Act, 1952, Section 109 of the Merchant Shipping Act, 1958 and Sec. 21 of the Motor Transport Workers Act, 1961.

16. Procedure relating to offences – (1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any Court of competent jurisdiction.

(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates.

(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.

Comment

This section lays down that any person, police officer or Inspector can make a complaint regarding commission of offences. It also lays down the procedure for disposal of such a complaint.

Court Duty of – The Court should meticulously consider all facts and circumstances of the case. The Court is not bound to grant specific performance merely because it is lawful to do so. The motive behind the litigation should also enter into the judicial verdict. The Court should take care to see that it is used as an instrument of oppression to have an unfair advantage to plaintiff.

17. Appointment of Inspectors – The appropriate Government may appoint inspectors for the purposes of securing compliance with the provisions of this Act and any inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 0f 1860).

Comment

This section empowers the appropriate Government to appoint inspectors for securing compliance of the provisions of the Act. Such Inspector is deemed to be a public servant with in the meaning f the Indian Penal Code (45 of 1860).

Public servant – Every public officer is a trustee and in respect of the office he holds and the salary and other benefits which he draws, he is obliged to render appropriate service to the State. If an officer does not behave as required of him under the law he is certainly liable to be punished in accordance with law.

18. Power to make rules – (1) The appropriate Government may, by notification in the official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :

(a) the term of the office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the Child Labour Technical Advisory Committee and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of Sec.5;

(b) number of hours for which a child may be required or permitted to work under sub-section (1) of Sec. 7;

(c) grant to certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued;

Provided that no charge shall be made for the issue of any such certificate of the application is accompanied by evidence of age deemed satisfactory by the authority concerned;

(d) the other particulars which a register maintained under Sec. 11 should contain.

Comment

This section empowers the appropriate Government to make rule for carrying out the provisions of the Act.

Rules for effectuating the purpose of the Act – The general power of farming rules for effectuating the purposes of the Act, would plainly authorize and sanctify the framing of such a rule.

19. Rules and notifications to be laid before Parliament or State legislature –

(1) Every rules made under this Act by the Central Government and every notification issued under Sec. 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the Legislature of that State.

Comment

Under this section the rules and notifications are to be laid before Parliament of State Legislature for approval.

20. Certain other provisions of law not barred – Subject to the provisions contained in Sec. 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952).

Comment

This section lays down that the provision of this Act shall be in addition to and not in derogation of, the provisions of the Factories Act, 1948, the Plantations Labour Act, 1951 and the Mines Act, 1952.

21. Power to remove difficulties – (1) If any difficulty arises in giving effect of the provisions of this Act, the Central Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty :

Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be after it is made, before the Houses of Parliament.
Comment

Under the provisions of this section the Central Government is empowered to remove difficulties which arise in giving effect to the provisions of this Act.

22. Repeal and savings – (1) The Employment of Children Act, 1938 (26 of 1938) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

Comment

The Employment of Children Act, 1938 (26 of 1938) has been repealed by this section.

Implied repeal – It is well settled that when a competent authority makes a new law which is totally inconsistent with the earlier law and that the two cannot stand together any longer it must be construed that the earlier law had been repealed by necessary implication by the latter law.

23. Amendment of Act 11 of 1948 – In Sec. 2 of the Minimum Wages Act, 1948 –

(i) for Cl. (a), the following clauses shall be subsituated, namely :
“(a) `adolescent’ means a persons who has completed his fourteenth year of age but has not completed his eighteenth year;

(aa) ‘adult’ means a person who has completed his eighteenth year of age;”:

(ii) after Cl.(b), the following clause shall be inserted, namely :

“(bb) `child’ means a person who had not completed his fourteenth year of age;”.
Comment

Under this section Sec. 2 of the Minimum Wages Act, 1948 has been amended so as to define the terms “adolescent”, “adult” and “child”.

24. Amendment of Act 69 of 1951 – In the Plantations Labour Act, 1951 –

(a) in Sec.2 in Cls.(a) and (c), for the word “fifteenth”, the word “fourteenth” shall be substituted;

(b) Sec. 24 shall be omitted;

(c) in Sec. 26, in the opening portion, the words “who has completed his twelfth year” shall be omitted.

Comment

Under this section, sec. 2 of the Plantations Labour Act, 1951, has been amended so far as it relates to the employment of child labour

25. Amendment of Act 44 of 1958 – In the Merchant Shipping Act, 1958, in Sec. 109, for the word “fifteen”, the word “fourteen” shall be substituted.

Comment

Under this section Sec. 109 of the Merchant Shipping Act, 1958, has been amended so far as it relates to the employment of child labour.

26. Amendment of Act 27 of 1961 – In the Motor Transport Workers Act, 1961 in Sec.2, in Cls.(a), and (c), for the word “fifteenth”, the word “fourteenth” shall be substituted.

Comment

Under this section, Sec.2 of the Motor Transport Workers Act, 1961, has been amended so far as it relates to the employment of child labour.

THE CHILD LABOUR (PROHIBITION AND REGULATION) RULES, 1988

G.S.R. 847(E), dated 10th August, 1988 – In exercise of the powers conferred by sub-section (1) of Sec. 18 of the said Act, the Central Government, hereby makes the following rules, namely :

Comment

Rule-making power – The general power of framing rules for effectuating the purposes of the Act, would plainly authorize and sanctify the framing of such a rule.

1. Short title and commencement – (1) These rules may be called the Child Labour (Prohibition and Regulation) Rules, 1988.

(2) They shall come into force on the date of their publication in the official Gazette.

Comment

These rules have been farmed by the Central Government in the exercise of the powers conferred by Sec. 18 (1) of the Child Labour (Prohibition and Regulation) Rules, 1986.

Rules – Whether validly farmed – The question whether rules are validly framed to carry out the purposes of the Act can be determined on the analysis of the provisions of the Act.

2. Definitions – In these rules, unless the context otherwise requires –

(a) “Act” means the Child Labour (Prohibition and Regulation) Rules, 1986 (61 0f 1986);
(b) “Committee” means the Child Labour Technical Advisory Committee constituted under sub-section (1) of Sec. 5 of the Act;
(c) “Chairman” means the Chairman of the Committee appointed under sub-section (2) of Sec. 5 of the Act;
(d) “Form” means a Form appended to these ruels;
(e) “register” means the register required to be maintained under Sec. 11 of the Act;
(f) “Schedule” means the schedule appended to the Act;
(g) “section” means a section of the Act.

Comments

This rule defines the various expressions occurring in the Rules.

Interpretation by a court – The Court can merely interpret the section; it cannot re-write, re-cast or re-design the section.

Otherwise – What amounts to – The words “otherwise” is not to be construed ejusdem generic with the word “circulars, advertisement”.

3. Term of office of the members of the Committee – (1) The term of office of the members of the Committee shall be one year from the date on which their appointment is notified in the official Gazette;

Provided that the Central Government may extend the term of office of the member of the Committee for a maximum period of two years;

Provided further that the member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(2) The members appointed under sub-rule (1) shall be eligible for re-appointment.

Comment

“shall” cannot be interpreted as “may”

Proviso – In Abdul Jabar Butt v. State of Jammu and Kashmir, it was held that a proviso must be considered with relation to the principal matter to which it stands as a proviso.

4. Secretary to the Committee – The Central Government may appoint an officer not below the rank of an Under-Secretary to the Government of India as Secretary of the Committee.

Comment

This rule empowers the Central Government to appoint an officer not below the rank of an Under-Secretary to the Government of India as the Secretary to the Child Labour Technical Advisory Committee.

5. Allowances to non-official members – The non-official members and Chairman of the Committee shall be paid such fees and allowances as may be admissible to the officers of the Central Government drawing a pay of rupees four thousand and five hundred or above.

6. Resignation – (1) A member may resign his office by writing under his hand addressed to the Chairman.

(2) The Chairman may resign his office by writing under his hand addressed to the Central Government.

(3) The resignation referred to in sub-rule (1) and sub-rule (2) shall take effect from the date of its acceptance or on the expiry of thirty days from the date of receipt of such resignation, whichever is earlier, by the Chairman or the Central Government, as the case may be.

7. Removal of Chairman or member of the Committee – The Central Government may remove the Chairman or any member of the Committee at any time before the expiry of the term of office after giving him a reasonable opportunity of showing cause against the proposed removal.

Comment

This rule lays down procedure for removal of Chairman or member of the Committee by the Central Government.

8. Cessation of membership – if a member –

(a) is absent without leave of the Chairman for three or more consecutive meetings of the Committee; or
(b) is declared to be of unsound mind by a competent court; or
(c) is or has been convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or
(d) is, or at any time, has been adjudicated insolvent or has suspended his debts or has compounded with his creditors, shall cease to be a member of the Committee.

Comment

This rule deals with the matter relating to cessation of membership.

9. Filling up of casual vacancies – in case a member resigns his office under rule 6 or ceases to be a member under rule 8, the casual vacancy thus caused shall be filled up by the Central Government and the member so appointed shall hold office for the unexpired portion of the term of his predecessor.

Comment

This rule empower the Central Government to fill up casual vacancies and it lays down that the member so appointed shall hold office for the unexpired portion of the term of his predecessor.

10. Time and place of meetings – The Committee shall meet at such times and places as the Chairman may fix in this behalf.

11. Notice of meetings – The Secretary to the Committee shall give at least seven days notice to every member of the Committee of the time and place fixed for each meeting along with the list of business to be transacted at the said meeting.

12. Presiding at meetings – The Chairman shall preside at every meeting of the Committee at which he is present; if, however, the Chairman is unable to attend a meeting, any member elected by the members present among themselves shall preside at the meeting.

Comment

“Shall” – It is well-known principle that in the interpretation of statutes that where the situation and the context warrants it, the word “shall” used in a section or rule of a statute has to be construed as “may”.

13. Quorum – No business shall be transacted at a meeting of the Committee unless atleast three members of the Committee other than the Chairman and the Secretary are present:

Provided that at any meeting in which less than three of the total members are present, the Chairman may adjourn the meeting to a date as he deems fit and inform the members present and notify other members that the business of the scheduled meeting shall be disposed of at the adjourned meeting irrespective of the quorum and it shall be lawful to dispose of the business at such adjourned meeting irrespective of the member of members attending the meeting.

Comment

Scope of proviso – The scope of a proviso is well settled. In Ram Narain Sons Ltd. V. Asstt. Commissioner of Sales Tax, it was held :

“It is a cardinal rule of interpretation that a proviso to a particular provision of statute only embraces the field which is covered by the main provision. It carves out an exception to the main provision to which it has been enacted as a proviso and to no other.”

14. Decision by majority – All questions considered at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairman, or in the absence of Chairman, the member presiding at the meeting, as the case may be, shall have a second or casting cote.

Comment

This rule lays down that the matters considered by the Committee in its meeting should be decided by a majority votes of the members present. The rule further lays down that the Chairman or in his absence the member presiding at the meeting shall have a casting vote.

15. Sub-Committees – The Committee may constitute one or more Sub-Committees, whether consisting only of members of the Committee or partly of members of the Committee and partly of other persons as it thinks fit, for such purposes, as it may decide and any Sub-Committee so constituted shall discharge such functions as may be delegated to it by the Committee.

16. Register to be maintained under Sec. 11 of the Act. – (1) Every occupier of an establishment shall maintain a register in respect of children employed or permitted to work, in Form A.

(2) The register shall be maintained on a yearly basis but shall be retained by the employer for a period of three years after the date of the last entry made therein.

Comment

Under this rule every occupier of an establishment is required to maintain an yearly register showing the children employed or permitted to work and to retain such registers for a period of three years.

17. Certificate of age. - (1) All young persons in employment in any of the occupations set-forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on, shall produce a certificate of age from the appropriate medical authority, whenever required to do so by an Inspector.

(2) The certificate of age referred to in sub-rule (1) shall be issued in Form ‘B’.

(3) The charges payable to the medical authority for the issue of such certificate shall be the same as prescribed by the State Government or the Central Government, as the case may be for their respective Medical Boards.

(4) The charges payable to the medical authority shall be borne by the employer of the young person whose age is under question.

Explanation - For the purposes of sub-rule (1), the appropriate “Medical authority” shall be Government medical doctor not below the rank of an Assistant Surgeon of a District or a regular doctor or equivalent rank employed in Employees’ State Insurance dispensaries of hospitals.

Comment

Explanation - It is not well settled that an explanation added to a statutory provision is not a substantive provision in any sense of the term but as the plain meaning of the word itself shows it is merely meant to explain and clarify certain ambiguities which may have crept in the statutory provision.

FORM A
[See Rule 16(1)]

Year………….

Name and

Address of employer…………………………….Place of work……………………………………
Nature of work being done by the establishment…………………………………………………

Sl. Name of Father’s Date of Permanent Date of
No. Child Name Birth Address joining the
establishment

1 2 3 4 5 6

Nature of Daily hours Intervals Wages Remarks
Work on of work of rest paid
which employed

7 8 9 10 11

FORM B
(Certificate of Age)
[See Rule 17 (2)]
Certificate No…………..

I hereby certify that I have personally examined (name………………………………………………
Son/daughter of …………………………………………………..residing at…………………………..
and that he/she has completed his/her fourteenth year and his/her age, as nearly as can be ascertained from my examination is………………………………………….years (Completed).

His/Her descriptive marks

Are………………………………………………………………………………………………………………………………………………………………………………………………………………………….
Thumb-impression/signature of child……………………………………………

Place …………….. Medical Authority

Date………………. Designation

Supplement

The Child Labour (Prohibition and Regulation) Act, 1986

S.O. 333(E), dated 26th may, 1933 – in exercise of the powers conferred by sub-section(3) of Sec.1 of the Child Labour (Prohibition and Regulation)Act, 1986 (61 of 1986), the Central Government hereby appoints the 26th day of May, 1993 as the date of which the provisions of Part III of the said Act shall come into force in respect of all classes of establishments, throughout the territory of India, in which none of the occupations and processes referred to in Sec. 3 of the said Act is carried on.

  

THE SCHEDULE
(See Sec. 3)

PART A

Occupations

Any occupation concerned with: -

(1) Transport of passengers, goods or mails by railways;
(2) Cinder picking, clearing of an ash pit or building operation in the railway premises;
(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train;
(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;
(5) A port authority within the limits of any port;
* (6) Work relating to selling of crackers and fireworks in shops with temporary
licenses;
# (7) Abattoirs/Slaughter House;
$ (8) Automobile workshops and garages;
(9) Foundries;
(10) Handling of toxic or inflammable substances or explosives;
(11) Handloom and power loom industry;
(12) Mines (underground and under water) and collieries;
(13) Plastic units and fiberglass workshops;

PART B

Processes

(1) Beedi-making.
(2) Carpet-weaving.
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving.
(5) Manufacture of matches, explosives and fire-works.
(6) Mica-cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(9) Tanning.
(10) Wool-cleaning.
(11) Building and construction industry.
* (12) Manufacture of slate pencils (including packing).
* (13) Manufacture of products from agate.
* (14) Manufacturing processes using toxic metals and substances such as lead,
mercury, manganese, chromium, cadmium, benzene, pesticides and
asbestos.

# (15) “Hazardous processes” as defined in Sec. 2 (cb) and ‘dangerous
operation’ as notice in rules made under section 87 of the Factories Act, 1948 (63 of 1948)
# (16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of
1948)
# (17) Cashew and cashewnut descaling and processing.
# (18) Soldering processes in electronic industries.
$ (19) ‘Aggarbatti’ manufacturing.
(20) Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting.
(21) Brick kilns and Roof tiles units.
(22) Cotton ginning and processing and production of hosiery goods.
(23) Detergent manufacturing.
(24) Fabrication workshops (ferrous and non ferrous)
(25) Gem cutting and polishing.
(26) Handling of chromite and manganese ores.
(27) Jute textile manufacture and coir making.
(28) Lime Kilns and Manufacture of Lime.
(29) Lock Making.
(30) Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized orzinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enameling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing.
(31) Manufacture of cement pipes, cement products and other related work.
(32) Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products.
(33) Manufacture of dyes and dye stuff.
(34) Manufacturing or handling of pesticides and insecticides.
(35) Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry.
(36) Manufacturing of burning coal and coal briquettes.
(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.
(38) Moulding and processing of fiberglass and plastic.
(39) Oil expelling and refinery.
(40) Paper making.
(41) Potteries and ceramic industry.
(42) Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms.
(43) Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.
(44) Saw mill – all processes.
(45) Sericulture processing.
(46) Skinning, dyeing and processes for manufacturing of leather and leather products.
(47) Stone breaking and stone crushing.
(48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.
(49) Tyre making, repairing, re-treading and graphite benefication.
(50) Utensils making, polishing and metal buffing.
(51) ‘Zari’ making (all processes)’.
@ (52) Electroplating;
(53) Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.

a. for item (2), the following item shall be substituted, namely:-
‘(2) carpet weaving including preparatory and incidental process thereof”;
b. for item(4), the following item shall be substituted, namely:-
“(4) cloth printing, dyeing and weaving including processes preparatory and incidental thereto:
c. for item (11) the following shall be substituted, namely:-
“(11) Building and Construction Industry including processing and polishing of granite stones”.

* Ins. by Notification No. S. O. 404(E) dated the 5th June
1989 published in the Gazette of India, Extraordinary.
# Ins. by Notification No. S. O. 263 (E) dated 29th March,
1994 published in the Gazette of India, Extraordinary.
$ Ins. Sr. No. 8-13 in Part A and Sr. No. 19-51 in Part B by
Notification No. S. O. 36 (E) dated 27th January 1999
published in the Gazette of India, Extraordinary.
@ Ins.Sr. No. 52 – 57 part B by Notification No. S.O. 397 (E) dated the 10th May 2001 published in the Gazette of India, Extraordinary.

Aizawl cops scan employment agency

2008-02-04T05:51:00.000-08:00

Friday, February 01 2008 13:21(IST)

Aizawl, Feb 1: Mizo Manpower Supplier, an Aizawl-based employment agency, is under the scanner of the Aizawl police after being reported of opering with a false license.

Acting on an FIR submitted by a state labour officer, Aizawl police is scanning Aizawl-based labour agency Mizo Manpower Supplier.

Despite the agency's claims that it has been licensed by the ministry of labour, the labour officer became suspicious because he had been informed by the ministry that agencies providing jobs abroad have been placed under the purview of the Ministry of Overseas India Affairs.

With the increasing menace of human trafficking through offering of jobs abroad, rights activists here also emphasised the need to be cautious as Mizoram was vulnerable to human trafficking.

The fact that most of the jobs offered are applicable for female, and even uneducated, also raised suspicion because 90 per cent of human trafficking victims are women and children, said C Lalremruata, coordinator of Aizawl-based Human Rights & Law Network's human trafficking cell.

He also cautioned that most of the destinations offered by labour agencies were to places like the Gulf countries, Syria, Thailand and Malaysia among others.

When contacted at her office yesterday, agency proprietor Helen Lalhmingsangi, however, reassured that her agency is legitimate.

"There is no reason to doubt my agency's license. I got it from the union labour ministry way back in 2003. It was transferred to the overseas ministry and got renewed after three years as per the rules," she said.

Helen however refused to disclose how many youths have been recruited through her agency since it got the license in 2003. She also said she was considering shifting base if just government interference continued.

UNI

http://news.oneindia.in/2008/02/01/aizawl-cops-scan-employment-agency-1201852981.html

UNIVERSAL DECLARATION OF HUMAN RIGHTS

2008-02-04T05:39:00.000-08:00

Universal Declaration of Human Rights hi mihring dikna leh chanvo humhalhna thuthlung, khawvel hnam hrang hrang aiawh kalkhawm ten an duan chhuah a ni a, mihring tungchho a piang tawh phawt ten inthliar hranna awm miah lova nun ralmuang leh thlakhlelhawm kan neih theuh theihna tura chanvo kan neihte tarlanna a ni.
Kum Zabi 20-na chhung khan human rights ngaihpawimawhna mite thinlungah a lian chho hle a. Kawng hrang hrang abikin inbiakpawhna leh thuthar thehdarh kawngahte hmasawnna nasa tak a thleng chho a, chung chuan mite ngaihtuahna leh khawsak phung pawh a dawmkang chho hle a ni. Heng hmasawnna hrang hrang karah hian human rights palzut leh bawhchhiatna avanga tawrhna hrang hrang thleng thinte pawh mite ngaimawh a ni chho ta zel a. Khawvel boruak inlumlet chho zelah human rights humhim leh chawikan tulna a lo lian chho zel a, chuvang chuan hetiang hian khawvel hnam hrang hrangten pheikhai rual takin a theihna chen chena human rights humhim leh chawikan chu an lo tum ta a ni. Heng hmalaknate hi khawvel puma mi zawng zawng ten nun ralmuang leh chhenfakawm kan neih theihna tur atan a ni. United Nations Organisation pawhin a dintirh phat atangin human rights humhim hi thupui berah a neih nghal a. December Ni 10, 1948-ah khan UN General Assembly chuan khawvel pumpui huapa mihringte dikna leh chanvo humhalhna thuthlung The Universal Declaration of Human Rights chu a hnuaia mi ang hian a pawmin a puangzar ta a ni.

Thuhma (Preamble)
Mihring nun zahawmna inhriat sak leh mi zawng zawngten kan pianpui dikna leh chanvote inang tlanga inngaih pawimawh sak tawnna hi zalenna, dikna leh khawvel pum pui remna leh muanna innghahna lunphum a nih avang te. Human Rights-in ngaihnep leh ngaihpawimawh a hlawh loh apiangin khawvelah tawrhna nasa taka lo thleng thin a, chumi avanga mitinten kan thlakhlelh leh kan vei zawng sawi chhuah theihna te, ralmuanna leh tlakchhamna lak atanga kan fihlim theihna tur boruak te a tihchhiat thin avang leh, Ram rorelna rawng tak avanga mipuiten loh theih lohva an dikna leh chanvote tharum hmanga an sual chhuah a ngaihlohna turin ram rorel khawlin mihring dikna leh chanvo humhalhna dan a lekkawh reng tur a ni anga, Ram hrang hrangte inkarah in unauna tha tak vawn nun reng hi thil pawimawh tak a nih avang te, UN Danpui (Charter) hnuaiah member ram zawng zawng ten mihring dikna leh chanvote humhalh tlat tul an tih zia an puanchhuah avang te leh mihring nun hlutna leh zahawmna te, mipa leh hmeichhe intluk tlanna chungchang te, hmasawnna leh zalenna zau zawk neih zelna kawngah te zau zawka tanho zel an duh thu an puan chhuah avang te,
Mihring dikna leh zalenna vawng him zel tura member ram ten UN thlazar hnuaia thawkho zel tura thu an tiam avang te leh,Chu thutiam hlenchhuak tur chuan heng mihring dikna leh chanvo te hriatfiah hi thil tul tak a nih avang tein, Tunah hian, General Assembly chuan he Declaration hi a puang zar ta a ni. He UNIVERSAL DELCARATION OF HUMAN RIGHTS hi khawvela mi zawng zawng leh hnam tinte tan hmasawnna chhinchhiah tlak a ni a, hei hian mitinte chu he Thuthlung vawng reng chunga mimal dikna leh chanvote chawikang leh zirtirna kawngah mawh min phurh tir vek a, member ramte chuan an ram chhung leh ramdangte nena an inkarah leh an awp ram hrang hrangah pawh mi zawng zawng huap he mihring dikna leh chanvo chawikan leh in zah sak a, a taka hlenchhuahna kawngah mawh an phur vek a ni.

Article 1:
Mi zawng zawng hi zalena piang kan ni a, zahawmna leh dikna chanvoah intluk tlang vek kan ni. Chhia leh tha hriatna fim nei a siam kan nih avangin kan mihring puite chungah inunauna thinlung kan pu tlat tur a ni.
Article 2:
He Declaration-in a tarlan mihring dikna leh zalenna hrang hrangte hi hnam hran avang te, vun rawng hran vangte, mipa leh hmeichhia thuah te, sakhua, politics thila ngaihdan hran vangte, hnam hran thu emaw, neihsum thil emaw leh pian murna emaw leh dinhmun inthlauh thu avanga inthliar hranna awm miah lova mi tinten kan chanvo a ni a.Tin, mi tumah an thu kalpui dan vang emaw an ram kalphung leh ram rorel dan danglam vang emaw leh ram zalen an ni emaw, mi awpbeh ram an nih vang emawin thliar hran leh thlauh thlak a thiang lo bawk.
Article 3:
Mitinte hian nung turin dikna kan nei vek a, zalenna leh mimal nun thlamuanna te hi kan chanvo a ni.
Article 4:
Mi tumah chhiahhlawh leh sal anga chhawr luih phal an ni lova, sal neih leh mihringa sumdawnna lam chi reng reng khap tlat a ni.
Article 5:
Mi tumah sawisak leh nghaisak phal an ni lova, mihring zahawmna ti bawrhbang zawng leh rawng lutuka inhremna lam chi reng reng phei chu tu chungah mah lekkawh tur a nilo.
Article 6:
Mitinte hian khawi hmunah pawh dan hmaah chuan mi pangngai anga sawngbawlna dawn hi kan chanvo a ni.
Article 7:
Dan hmaah chuan tute pawh kan intluk tlang vek a, thiar hranna awm miah lova dan humhimna hi kan chanvo vek a ni. He thuthlung palzut zawnga thliar hranna awm thei lak atanga danina a venhimna intluk tlang hi kan chanvo theuh a ni.
Article 8:
Ram danpuiin a pek mimal dikna leh chanvo palzutna avanga tawrhna chungchangah mi tu pawhin an ram rorelnaah a zualko thei a ni.
Article 9:
Mi tumah a pawng ataka man emaw, hren luih emaw leh tlanchhiat tir emaw tur an nilo.
Article 10:
Mi tu pawh thilsual tia puh an nihin a chungchang rel fel turin rorelna dik leh lai a chunga hlenchhuah a nih theih nan dik taka rorel saktu tur rorelna dawn chu a chanvo a ni.
Article 11:
1) Mi tupawh sual lian tham khawih a puh an nihin an thil tih sual chu finfiah a nih hma loh chuan misual anga ngaih nghal ngawt tur an ni lova, a insawi fiah theihna remchang siam sak ngei chu a chanvo a ni.2) Miin thilsual a tihin chu a thilsual tih chu a thilsual tih laia ram danpuiin hremna tham tlinga a lo puang tawh a nih siloh chuan chu a thil tihsual avang ngawt chuan a chungah hremna lian tham lekkawh ngawt tur a nilo. A thil tihsual phu tawka hremna lo awm sa bak chu a hnu lamah a chungah hremna na zawk lekkawh pawh a rem bawk hek lo.
Article 12:
Apawng atakin tute chungahmah ama mimal nun ti bawrhbang zawng leh an chhungkua, in chhung khawsak leh midangte nena an inbiak pawhdanah leh ama mimal zahawmna leh hming mawinate tihliau zawnga inrawlh a rem lova. Mitinte hian chutianga chetna lam chi reng reng lak atanga danin venhimna a pek chu an chanvo a ni.
Article 13:
1) Mi tute pawhin an ram chhungah chuan zalen taka chet kual leh inbenbel theihna hi an chanvo a ni.2) Mitinte hian an ram chhuahsan theihna emaw an rama kir leh theihna emaw hi an dikna leh chanvo a ni bawk.
Article 14:
1) Mitinte hian sahimna atana raltlan theihna emaw inhumhimna zawn emaw hi an chanvo a ni.2) UN thuthlung leh dinchhan pawhin a duhloh lam thil emaw politics thila inhriat thiamlohna mai piah lam thil avanga hremna lekkawhna tur thil anih si chuan mi tumahin heng dikna leh chanvote hi a chunga hremna pumpelh tum nan a hmang thei lo thung ang.
Article 15:
1) Mi tinte hian an ram mi leh sa nih theihna chanvo an nei a ni.2) Mi tumah hi an ram khua leh tui nihna a pawng ataka hlihsak ngawt theih an ni lova, ramdang mi leh sa nih an duh pawhin an kawng pawh dal sak ngawt theih a ni chuang lo.
Article 16:
1) Hmeichhia leh mipa, mi puitling chin chuan hnam hran vang emaw, sakhuana leh khua leh tui nihna hran vang emaw a daltu awm lovin nupui pasal kawppui siam leh chhungkaw din theihna chanvo an nei vek a. Nupui pasala insiam leh nupa nun hman chungchang leh inthen leh thuah pawh chanvo intluk tlang an nei vek a ni.2) Inneih chungchangah hian a innei turte duhthlanna fim tak leh an remtih dunna ngei thil a ni tur a ni.3) Chhungkaw din thu hi khuanu remruat thil a nih angin khawtlang leh ram thuneihna pawhin a zah sakin a pawmpui ngei tur a ni.
Article 17:
1) Mi tinte hian mahnia rosum neih emaw leh midangte nena intawm theihna chanvo an nei a.2) Mi tumah a pawng atakin a rosum te hnehchhuh tur a ni lo.
Article 18:
Mitinte hian eng ngaihtuahna pawh kan nei thiang a, chhia leh tha hriatna hman leh sakhaw biak thuah pawh. He chanvo hian sakhaw biak thlak thleng thu leh mimal duh dan tih danglam thu pawh a huam a, chu zalenna chu mimal leh khawtlang ang pawhin kan hmang thiang a, hei hian kan sakhaw biak dan phung leh kan zirtir dan leh kan kalpui dan te pawh a huam vek a ni.
Article 19:
Mitinte hian zalen takin kan ngaihdan leh duhdan kan puang zar thiang a, he zalenna hian kan ngaihdan zalen taka hmanraw hrang hrang hmanga mite hriattir leh midang hnena puanzar te pawh a huam tel a ni.
Article 20:
1) Mitinte hian buaina rim nam lo zawnga awmkhawm leh pawl din te hi kan dikna leh chanvo a ni.2) Mi tumah tihluihnain pawlah kan tel luih tir tur a nilo.
Article 21:
1) Mi tute pawh hian mahniin emaw kan aiawh kan thlan chhuah kal tlangin emaw ram rorelna khawlah chanvo kan chelh thiang a ni.2) Mitinte hian an ram chhungah chuan sawrkar hmalakna dawn leh thawh ve chungchangah chanvo intluk tlang an nei vek a ni.3) Ram chhung mipui duhdan hi sawrkar innghahna a ni tur a ni a, chu mipui duhdan chu hunbi ruat fel tak hmanga inthlanna kal tlanga siam chhuah a ni thin tur ani a, chu inthlanna chu mi puitling chin ten zalen leh felfai taka mite hriatpui theih lohva duhthlanna an siam atanga din a ni thin tur a ni.
Article 22:
Mi tupawh hi vantlang nuna a peng pakhat a nih ve avangin lungmuang taka khawtlang nuna a tel ve chu a chanvo a ni. Tin, heng chanvo hrang hrang, economic, social leh cultural rights te hi mimal zahawmna vawnhim nan leh mimal nun chawikan nana thil tul a nih avangin ama ram bilin emaw, khawvel huapa thawhhona atangin emaw ramin ei leh bar thua a phak tawk ang leh hnam ziarang mil ang zela hlenchhuah sak tur a ni.
Article 23:
1) Mitinte hian kan thiamna leh theih zawng mila hnathawh hi kan dikna chanvo a ni a. Kan thawh duh zawng kan thlang thei a, hnathawhna hmun hrisel leh tha dawn leh hna thawh tur haihchhama kan awm loh nan remchang buatsaih sak tur kan ni. 2) Mi tute pawhin inthliar hranna awm lovin hna thawh inangah chuan hlawh thuhmun an dawng tlang tur a ni.3) Mi tupawhin hna a thawh chuan a mihring zahawmna vawn nunna leh an chhungkaw tana chhenfakawm a nih theih nan a thawh phu tawk hlawh a hmu ngei tur a ni a.4) Mi tupawhin a hamthatna atan sumdawng pawl a din thiangin a lo ding tawh sa a zawm thei ang.
Article 24:
Mi tupawhin hahchhawlhna hun thawl leh zalen a nei thei a, hnathawh hunbi tuk fel tak leh chawlh hunfel tak hlawh bi kiam chuang lo a nei thei ang.
Article 25:
1) Mi tupawhin nunphung pangaia nun theihna chanvo, ama hriselna atana tul leh chhungkaw tana innghahna tlak anih theihna tur atana thil tul ei leh bar, silh leh fen leh in leh lo, damdawi leh tul dangte a nei thei ang a. Hnathawh tur neih loh avang te leh damlohna te, kut tual lei chham thulah leh, kawppui sun thuah leh kum upat tawh avanga mahni inchhawmdawl theilo dinhmuna a lo ding ta anih pawha intundin ve theih nana chhawmdawlna dawn hi a chanvo a ni.2) Nu leh naupangte hian enkawlna tha tak dawn hi an chanvo a ni a. Naupang tupawh nu leh pa kara mite kherlo pawhin vantlang enkawlna dawn hi an chanvo a ni.
Article 26:
1) Zirna hi mitinte chanvo a ni a. Chu zirna chu a tantirh lamah tal chuan a thlawna buatsaih tur a ni. Tin, he zirna hi a tantirh lamah chuan mi zawng zawngte tan loh theih lohva tih ngei tur a ni bawk a. Thiamna bik zirna lam hawi chu zirna sang lamah neih tur a niin mitinte an thiamna in a phu phawt chuan duhsak bik awm lova remchanna siam sak zel bawk tur an ni.2) Zirna reng reng chuan mimal nun chawikanna lam a hawi ang a, mimal dikna leh chanvo humhalh leh chawi kanna lam a kawk ngei bawk tur a ni. Inhriatthiam tawnna te, dawhtheihna te, hnam hrang hrang in unau tawnna te sakhaw hrang leh hnam hrang inkara in unauna siam lam te chu zirna chuan a kawk tur a ni, remna leh muanna siam kawnga United Nations hmalakna te a tanpui zel tur a ni ang.3) Nu leh paten an fate tana tha tur zirna an thlan sak thei ang.
Article 27:
1) Mi tupawh an hnam zia rang milin zalen takin a khawsa thiang a, hnam ziarang chhawm nun leh tih hmasawnna kawngah leh hamthatna dawn kawngah pawh a duh angin a in hmang thei a ni.2) Miin a kutkawih thil hrang hrang leh a thiam bikna atanga hamthatna a hmuh ang te chu a pumbilh thei anga, a hauh bik thei a ni.
Article 28:
Mitinten he Thuthlunga mihring dikna leh chanvo hrang hrang tarlante hi ataka kan nunpui a, ataka kan hlenchhuah theih nan khawvel hi chenna tlak leh chhenfakawmah kan siam tur a ni.
Article 29:
1) Mimal tinten kan mimal nun than len theih nana thil tul a nih avangin kan chenna khawtlang tana rawngbawl hi kan mawhphurhna a ni.2) Ram danpuiin midangte chanvo humhalh nan leh zah sak nana kaihhruaina a siam leh vantlang nun pumpui tana tha zawk tur thil atana tulte chauhlo chuan heng mimal dikna leh zalennate hian daltu an nei tur a ni lo. 3) Heng dikna leh zalenna te hi United Nations dinchhan leh thil tumte kalh zawng chuan hman tur a ni lo.
Article 30:
Mimal emaw, pawl leh ram bil tumahin he Thuthlung khawi bung leh chang mah hi he Thuthlung veka tarlan dikna leh chanvote palzut leh bawhchhiat theihna lam tur zawng chuan an kai lekin an kuaiher tur a ni lovang.
He Thuthlung hian ram tinte chu an ram chhung theuha mimal dikna leh chanvote chawikan leh humhalh kawngah mawhphurhna a hlan vek a. Hnam hrang hrangte chu khawvel pumin mi zawng zawngte mihring dikna leh chanvote leh zalenna a humhim sak kawngah thawhpui vek turin a beisei bawk a ni.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1. All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3. Everyone has the right to life, liberty and security of person.
Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6. Everyone has the right to recognition everywhere as a person before the law.
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.(1) Everyone has the right to freedom of movement and residence within the borders of each state.(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.(1) Everyone has the right to a nationality.(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.(2) Marriage shall be entered into only with the free and full consent of the intending spouses.(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.(1) Everyone has the right to own property alone as well as in association with others.(2) No one shall be arbitrarily deprived of his property.
Article 18.Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.(1) Everyone has the right to freedom of peaceful assembly and association.(2) No one may be compelled to belong to an association.
Article 21.(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.(2) Everyone has the right of equal access to public service in his country.(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.(2) Everyone, without any discrimination, has the right to equal pay for equal work.(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Goa Childrens Act 2003

2007-12-13T23:45:00.000-08:00

The Goa Children’s Act, 2003
[8 July, 2003]
www.goagovt.nic.in/documents/goachildact2003.pdf
An Act to protect, promote and preserve the best interests of Children in Goa and to create a society that is proud to be child friendly.
Be it enacted by the Legislative Assembly of the State of Goa in the Fifty-fourth Year of the Republic of India, as follows:-
1. Short title, extent and commencement.-
(1) This Act may be called the Goa Children’s Act, 2003.
(2) It shall extend to the whole of the State of Goa.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “authorised officers” means officers that are appointed as such under the provisions of this Act;
(b) “A care giver” is a person who is responsible for looking after the well being of the child. This person may be a staff member of any residential facility for children, an employee of an educational institution, a nursery, crèche, a clinic, a hospital, a sports club, a recreational facility or an employee of any facility which provides services to children;
(c) “A place of care” of children are all the places mentioned in clause (b) and any other place which is a place for the care and custody of children;
(d) “Child” means any person who has not completed eighteen years of age unless any other law in force specifies otherwise or unless otherwise indicated in specific provisions in this Act;
(e) “Child in case of child labour”, shall be a person who has not completed his fourteenth year of age;
(f) “Children’s Home” means an institution, whether called an orphanage, home or by any other name and where one or more children reside, either fully or partly;
(g) “Chief Secretary” means the Chief Secretary to the Government of Goa;
(h) “Children’s Court” means the Court constituted under section 27;
(i) “Competent authority” means the Secretary to the Government in charge of the Department of Women and Child Development;
(j) “Child labour” means all forms of labour involving children below the age of fourteen;
(k) “Certificate” means the certificate of registration granted under section 6;
(l) ”Child in need” means all children including those whose rights are being violated or who need special attention and/or protection and shall include, for the purposes of this Act:-
(i) Child in need of care and protection and juvenile in conflict with law as defined in the Juvenile Justice (Care and Protection of Children) Act, 2000 ( 56 of 2000 ).
(ii) Child labour;
(iii) Street Children;
(iv) A child who has been dedicated;
(v) A foetus;
(vi) An adopted child;
(vii) A child in a Home, registered or otherwise;
(viii) A child in foster-care;
(ix) Child in situation of abuse;
(x) A differently abled child;
(xi) Children of prisoners,
(xii) Children of commercial sex workers;
(xiii) A child who is vulnerable.
(xiv) A child whose parents are separated or divorced;
(xv) A child who has an illness or disease or ailment which has a social stigma attached to it eg. HIV, Leprosy.
(m) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:-
(i) psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(ii) any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;
(iii) unreasonable deprivation of his basic needs for survival such as food and shelter; or failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death;
(n) “Dedication” means the performance of any act or ceremony by whatever name called, by which a girl child is dedicated to the service of any deity, idol, object of worship, temple, other religious institutions or places of worship;
(o) “Director” means the Director of the Directorate of Women and Child Development;
(p) “Fund” means the State Children’s Fund constituted under section 14;
(q) “guardian” in relation to a child means his natural guardian or any other person who is legally authorised for the purpose of having the actual charge or control over the child;
(r) “High risk” areas means those areas in which children are vulnerable to exploitation as notified by the Government in the Official Gazette;
(s) “Offence” means an act or omission made punishable under any law for the time being in force;
(t) “prescribed medical authority” means that authority whose certificate on the age of a child shall be conclusive evidence as to the age of the child to whom it relates;
(u) “prescribed” means prescribed by rules under this Act;
(v) “registered children’s home” means a children’s home which has been registered under this Act;
(w) “Secretary” means the Secretary to the Government in charge of the Department of Women and Child Development;
(x) “Sexual Offence” covers all forms of sexual abuse which constitute offences under this Act;
(y) ‘Sexual offences’ for the purposes of awarding appropriate punitive action means and includes,-
(i) “Grave Sexual Assault” which covers different types of intercourse: vaginal, oral, anal, use of objects, forcing minors to have sex with each other, deliberately causing injury to the sexual organs, making children pose for pornographic photos or films;
(ii) Sexual Assault which covers sexual touching with the use of any body part or object, voyeurism, exhibitionism, showing pornographic pictures or films to minors, making children watch others engaged in sexual activity, issuing of threats to sexually abuse a minor, verbally abusing a minor using vulgar and obscene language;
(iii) Incest which is the commission of a sexual offence by an adult on a child who is a relative or is related by ties of adoption.
(z) “child trafficking” means the procurement, recruitment, transportation, transfer, harbouring or receipt of persons, legally or illegally, within or across borders, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of giving or receiving payments or benefits to achieve the consent of a person having control over another person, for monetary gain or otherwise.
(za) ‘Differently Abled Children’ includes children with disabilities, learning difficulties and associated disorders like Autism.
3. Rights of the Child:
(1) The State shall ensure that children and the young are protected against exploitation and that they are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity.
(2) Childhood and youth shall be protected against exploitation and against moral and material abandonment.
(3) The State shall promote with special care the educational interests of children from the weaker sections of society including the Scheduled Castes and Scheduled Tribes.
(4) The State shall regard the raising of the level of nutrition and the standard of living as well as the improvement of public health as among its primary duties.

(5) The provisions of the Convention on the Rights of the Child as acceded to by the Government of India are hereby declared to be part of the law of the land and it shall be the duty and responsibility of the State Government to respect and ensure that the Rights of the Child as declared and enumerated in the Convention, are protected and guaranteed to every child within the territory of Goa.
(6) For the proper implementation of the Rights of the Child included in the Convention and to prevent any discrimination, exploitation or abuse of the child on any ground, government shall take adequate measures;

(7) All the authorities, whether public or private, social welfare institutions, or legislative bodies shall, while undertaking any action concerning children, take the best interest of the child as the primary consideration.
(8) The provisions of the Convention on the Rights of the Child are taken as rights of the child in Goa and are legally enforceable, except where they pertain to the central government or to any other authority which is outside the purview of the state government provided that nothing in this section shall restrain the government from specifying higher standards for children.
4. Education.-
(1) The State shall endeavour to promote holistic education. Universal application of joyful learning processes should be ensured.
(2) The State accepts the concept of zero rejection for children. No child shall therefore be denied admission to any school on any ground including that the name of the father is not available; the absence of relevant documentation; the child is suffering from HIV or AIDS; belongs to marginalised communities; suffers from any illness or that the child is differently abled.
(3) All schools shall have a trained counsellor for providing counselling facilities to children. In mixed schools, there shall be one male and one female counsellor. The State shall provide assistance to all schools to achieve this.
(4) All schools shall include child rights and gender justice in their curriculum and at least 48 hours of instruction every year shall be exclusively devoted to teaching and discussing all matters related to these. The duties of the child should also be discussed during these sessions. This will apply to all students from Standard V and above.
(5) The school curriculum shall also include health awareness including malaria, AIDS, personal hygiene, nutrition, family life education, communicable diseases, alcoholism, substance abuse, etc., irrespective of the stream of education. This will apply to all students from Standard V and above.
(6) Health applied education towards holistic health shall be compulsorily included in all schools with, among other things, yoga, pranayama and meditation, in the physical education curriculum. This will apply to all students.
(7) All schools shall have elected Student Councils or any other mechanism such as School Parliament to foster participatory democratic processes. This will apply to all students from Standard VIII and above.
(8) The Government shall work towards the goal of universal elementary education and eradication of child illiteracy within a period of three years from the commencement of this Act. The State shall prepare a comprehensive Plan of Action for achieving this which may include provision for alternate schooling including non-formal education, vocational and livelihood-skills training, and shall create the necessary infrastructure and an enabling environment in order to realise the goal.
(9) The State shall lay down guidelines for early childhood care and education and for all pre-school educational institutions for children, including registration and regulation of standards.
(10) Every school shall have safe drinking water, toilet facilities and adequate physical infrastructure.
(11) Every school shall be equipped with appropriate and adequate teaching aids.
(12) Corporal punishment is banned in all schools.
(13) The State shall, in the manner prescribed, provide support to all children with disabilities and challenges.
(14) A participatory evaluation and learning process rather than the exam system based on learning by rote and ensuring that all children have attained minimum levels of learning should be evolved.
5. Health & Nutrition.-
(1) Mandatory immunisation with MMR vaccine in children, Rubella vaccine in adolescent girls and Hepatitis B vaccine in infancy should be introduced as part of the ongoing Immunisation programme of the State.
(2) The State shall endeavour to make possible Maternity leave of 6 months in all sectors of employment including for adoptive mothers and single parents.
(3) Creches and day care centres for infants and children of working mothers in all sectors of employment should be set up at the work site or close to the same, in cities and villages, to the maximum extent of available resources.
(4) The State should ensure the creation and maintenance of comprehensive Health cards inclusive of growth and developmental, immunisation and other records for all infants and children including those in creches, homes and schools, and migrant children.
(5) The State shall seek to provide for palliative and terminal care for infants and children with life threatening and terminal illnesses like cancer and HIV/AIDS.
(6) The State shall take effective steps so that parents do not transmit the HIV virus to their child.
(7) It shall be the duty of all individuals, organizations, institutions etc., to keep their immediate environment clean and free of garbage, faeces, and other items harmful to children. Non-observance of the provisions of this sub-section will carry a penalty which may range from Rs. 100/- to Rs. 1000/-.
(8) The State shall strive to reach higher standards for children by protecting them from malaria and from all avoidable illness and diseases.
(9) Special provisions shall be made for the treatment, education and integration of all children with leprosy.
(10) Special attention shall be given to issues of substance, drug and alcohol abuse in children.
6. Children’s Homes.-
(1) All Children’s Homes must be registered under this Act. Such Children’s Homes as have already been set up prior to the commencement of this Act shall apply and must register themselves with the Director in the prescribed form within three months from the commencement of this Act.
(2) The provisions of this section shall not apply to:-
(a) any hostel, etc., directly regulated by a recognized educational institution;
(b) any school, home, or any other institution for children which is recognized by any other Act in force in the State;
(3) The State shall set up District Inspection Teams for the regulation, supervision and control of all Children’s Homes in the State.
(4) The members of the District Inspection Team shall be appointed by the Secretary;
(5) The term of Office of a Member of the District Inspection Team shall be two years.
(6) A Member may at any time resign by giving notice in writing to the Secretary. The vacancy so created shall be filled in by the Secretary within two months.
(7) If, for any reason, the State Government considers it necessary to remove a Member, then it shall do so after recording its reasons in writing.
(8) On and from the commencement of this Act, no person shall maintain or conduct any Home except under, and in accordance with, the conditions of a certificate of registration granted under this Act.
(9) Every person desiring to maintain or run a home shall make an application for a certificate of registration to the Director in such form and containing such particulars as may be prescribed.
(10) Provided that a person maintaining or conducting a home at the commencement of this Act shall be allowed a period of three months from such commencement to apply for such certificate get themselves registered under this Act.
(11) The District Inspection Team, after scrutiny of the application form and after checking all other requirements, may grant or refuse an application for registration to run the home stating the reasons and with the prior approval of the Secretary. Criteria for granting registration and provisions for revoking of a registration shall be as prescribed.
(12) The Chief Functionary of the Children’s Home can be authorized to surrender the registration by the Governing Body or Trust through a resolution passed, and can give an application to the District Inspection Team stating the desire to surrender the registration. However, the application has to be made six months in advance. The District Inspection Team has to arrange for another management to take over or entrust the Home/Institution to the State.
(13) Functions of the District Inspection Team shall include
(a) Supervision and control generally of all matters relating to the management of homes in accordance with the provisions of this Act.
(b) Checking the application of those parties who have applied for a registration and taking a decision before giving them permission to start an institution, after scrutinizing all the papers.
(14) After a child completes 18 years, a report has to be prepared and submitted to the District Inspection Team, indicating the progress and mental state of the child and provisions for further support.
(15) In the event of death of an inmate, the Home shall submit a comprehensive report to the District Inspection Team.
7. Child Labour.-
(1) Child Labour shall be prohibited in the State of Goa for all children who have not completed their 14th year of age.
(2) For the purpose of this Act, Child labour shall include:-
(a) all forms of hazardous employment as defined in the Child Labour (Prohibition and Regulation) Act, 1986;
(b) all forms of non-hazardous employment as defined in the Child Labour (Prohibition and Regulation) Act, 1986 ( Act 61 of 1986) and Goa, Daman and Diu Shops and Establishments Act, 1973 (Act No. 13 of 1974) and Goa, Daman and Diu Shops and Establisments Rules, 1975;
(c) all forms of domestic employment, meaning employment in households, doing work of a domestic nature, either temporarily, permanently, piece-rated or part time;
(d) all forms of self employment meaning labour such as rag picking, plastic bag selling, nut selling, running errands, carrying load of shoppers etc.
(3) All Children who are identified as child labourers shall be immediately released therein and placed in a registered Children’s Home or a State run institution or any other place identified under the Plan of Action.
(4) The State shall ensure that a satisfactory Rehabilitation Programme is in position before taking action on this.
(5) The punishment for violation of the provisions of this Section shall be as under:-
(a) for all forms of hazardous employment, a fine of Rs. 50,000/- (Rupees fifty thousand only) with simple imprisonment of one year for the employer;
(b) for all forms of non-hazardous employment, a fine of Rs. 25,000/- (Rupees twenty five thousand only) and simple imprisonment of three months for the employer;
(c) for all forms of domestic labour, a fine of Rs. 50,000/- (Rupees fifty thousand only) for the person employing the domestic child labour.
(6) The State shall formulate a comprehensive Plan of Action to eradicate all forms of Child Labour within a period of two years from the commencement of this Act. The Plan shall include schemes for the identification, release and rehabilitation of the child labourers, their education, integration into society and imparting skills and vocational training to them and for the prevention of child labour.

(7) The Plan of Action shall be implemented phase-wise over this period of 2 years and the Government shall specify the dates from which each of the penal action in sub-section (5) above shall be effective and full publicity to this shall be given by the Director.
(8) There shall be a Child Labour Vigilance Officer in each Taluka to monitor the implementation of the Plan of Action to eliminate child labour, and to carry out such other duties as the Government may specify. The Officer shall be assisted by a Task Force of such other persons as may be prescribed.
(9) Trafficking in Children for the purposes of employment shall be prohibited under this Act. Any person who employs, aids or abets in the trafficking, including by employment of such trafficked children shall be penalised with a fine of Rs. 50,000/- and/or imprisonment of either description of not less than three months.
8. Child Abuse.-
(1) All children should be assured of a safe environment. A safe environment is an environment in which he/she will not be abused in any way and his/her development will be nurtured.
(2) Whosoever commits any sexual assault as defined under this Act, shall be punished with imprisonment of either description for a term that may extend to three years and shall also be liable to fine of Rs. 1,00,000/-. Whoever commits any Grave Sexual Assault shall be punished with imprisonment of either description for a term that shall not be less than seven years but which may extend to ten years and shall also be liable to a fine of Rs. 2,00,000. Whoever commits incest shall be punished with imprisonment of either description for a term of one year plus fine of Rs. 1,00,000/-. Testimony of the child victim shall be treated on par with the testimony of a child rape victim under Section 375 of the IPC, as laid down by the Supreme Court of India.
(3) When a sexual assault or a grave sexual assault is committed, the need to ascertain whether a child needs to be medically examined or not shall be decided by the investigating authorities in consultation with a professional social worker/counsellor.
(4) Onus on person.- It has been found that adults “keep” children with them for a number of ostensible reasons and in many cases this is an arrangement for the sexual abuse of the child. All persons, who keep with them or reside wholly, partly or in any form with one or more child/children who is not related to them by blood, shall inform this fact immediately to the Director as per the prescribed form. It will be the responsibility of the person to give this information either in person and obtain a receipt or to send the information by Registered Post A/D.
(5) Provided that a period of 3 months from the commencement of this Act will be allowed to inform the Director.
(6) The Director shall have the power to authorize the District Inspection Team to inspect and check the child/children in each case under sub-section (4) and to submit a report with recommendations, if he considers it necessary.
(7) In cases where it is found necessary, action will be taken to remove the child and place him in a registered Children’s Home or a State run institution.

(8) Provided further that nothing in this section shall apply to cases where reasonability exists such as when the child/children are staying with their friends or visiting them on holidays for short period, or students are in a group, or the child is legally adopted etc.
(9) Any refusal to inform the Director beyond the period of 3 months shall make the person(s) liable to a fine of Rs. 1,00,000/- and also simple imprisonment for one year if it is found that the provisions of this section have been violated. This will be in addition to any other punishment that may be enforced.
(10) Onus on Establishment:-
(a) All Hotels, and other establishments which provide boarding or lodging or any similar facility shall ensure that children are safe and not at risk of child abuse within their premises including all adjoining beaches, parks etc. if they have access from such establishment.
(b) No child shall be allowed to enter any room of any hotel or establishment which provides boarding or lodging or any similar facility unless the child is registered as staying in that room with family, relatives or person related by blood:
Provided that nothing in this Sub-Section will be deemed to apply to reasonable areas such as group of school children accompanied by a teacher (s), children who may be staying with their friends and their families, etc.
(c) All Hotels and other establishments which provide boarding or lodging or any similar facility shall ensure that no child has access to any internet facilities which are not fitted with filters and to any objectionable material including through film or videos, disc-players, cable or any other medium provided by that establishment.
(d) The Owner and the Manager of the hotel or establishment shall be held solely responsible for any violation of this section.
(11) Offence in case of tourism related child sexual abuse, shall be non-bailable offence as defined under Section 2 (a) of the Code of Criminal Procedure, 1973.
(12) Any form of soliciting or publicizing or making children available to any adult or even other children for purposes of commercial exploitation is prohibited. This includes hosting websites, taking suggestive or obscene photographs, providing materials, soliciting customers, guiding tourists and other clients, appointing touts, using agents, or any other form which may lead to abuse of a child.
(13) Whosoever commits the offence of sale of children or aids or abets the sale of a child or the body part/organ of a child, or where there is sufficient reason to believe is keeping a child for the purpose of using or selling any body part of the child including its blood, shall be punished by imprisonment of either description for a period of not less than one year extendable to three years and a fine of not less than Rs. 50,000/-.
(14) It shall be mandatory for a developer of photographs or films, if he finds that the photos/films developed by him contain sexual/obscene depictions of children, to report this to a police officer not below the rank of a Deputy Superintendent of Police to be specified by the Government. Failure to report the discovery of such photos/films shall attract a penalty of an imprisonment of either description which shall not be less than one year but which may extend to three years and/or a minimum penalty of Rs. 50,000/-.
(15) Airport authorities, border police, railway police, traffic police shall report any suspected case of trafficking of children or an adult traveling with a child under suspicious circumstances. Such adults may be detained for questioning at the nearest police station.
(16) Sale of children under the garb of adoption or otherwise shall be prohibited. For the purposes of this Act, sale of children takes place,-
(a) when there is trading, i.e. selling children;
(b) when a pregnant mother executes an affidavit of consent for adoption for a consideration;
(c) when a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purposes of child trafficking;
(d) when a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person creates birth records for the purpose of child trafficking; or
(e) when a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centres, or other child-caring institutions, who can be offered for the purposes of child trafficking;
(17) Sale of a body part/organ of a child is prohibited.

(18) In all matters, the consent or willingness or otherwise of the child to be party to sexual abuse will not be a consideration.
(19) The State shall provide for the setting up of one or more Victim Assistance Units which shall facilitate the child to deal with the trauma of abuse and assist the child in processes involved with appearing as a witness before any Court or authority handling a case of abuse of a child.
(20) The State shall carry out child sensitisation programmes for police officers at all levels which shall include an orientation on child rights laws. Child rights laws and methods of handling child abuse related cases shall also be specifically included in the Police Training School curriculum.
(21) The State shall undertake child sensitization training for those involved in healing and rehabilitation and other assistance programmes for children who are victims and promote programmes of information support and training for such children.
(22) The Tourism Department of the Government shall collaborate with the Travel and Tourism Trade of Goa to evolve a Child Friendly Tourism Code for Goa;
(23) The Government shall have the power to appoint persons to go undercover and pose as prospective clients for child prostitutes, as employers of child labour etc. and nothing done in the course of such operations shall be construed as a violation of the provisions of this Act.
9. Child Sexual Trafficking.-
(1) Child prostitution shall be prohibited.
(2) It shall be the duty of the State to remove all child prostitutes from their existing place of exploitation and to ensure that they are rehabilitated and integrated into society.
(3) The State shall prepare a comprehensive Plan of Action for this purpose which shall include providing education and livelihood skills to such children and the prevention of child prostitution.
(4) Any person who exploits a child for commercial sexual exploitation shall be liable to pay a penalty which may extend to Rs. 1,00,000/- and simple imprisonment of one year. This will be in addition to any penalty or punishment that may be enforced under any other Act in force.
(5) All steps shall be taken at the protective home to restrict or even deny the visiting rights of any one who may be considered to be a perpetrator, including the parent of the child.
(6) Notwithstanding any custom or law to the contrary, the dedication of a minor girl child as a devadasi, whether before or after the commencement of this Act, and whether she has consented to such dedication or not, is hereby declared unlawful, void, and to be of no effect and any minor girl child so dedicated shall not thereby be deemed to have become incapable of entering into a valid marriage.
(7) Any person who, after the commencement of this Act, abets the performance of any ceremony or any act for dedicating a minor girl child as a devadasi or and ceremony or act connected therewith shall, on conviction, be punished with imprisonment of either description for a term which may extend to 3 years and with fine which may extend to two thousand rupees:
Provided that where the person referred to in this Section is the parent or guardian or a relative of the women so dedicated, he shall be punishable with imprisonment of either description which may extend to 5 years but which shall not be less than 2 years and with fine which may extend to five thousand rupees but which shall not be less than two thousand rupees.
10. Children in Difficult Circumstances.-
(1) The State shall endeavour, within a period of two years from the commencement of this Act, to withdraw all street children from life on the streets.
(2) All Street Children shall be withdrawn and placed in a Registered Children’s Home or a State run institute or any other place provided that a satisfactory rehabilitation programme is in place before this is started.
(3) The Government shall formulate a Plan of Action for the education, rehabilitation, education and integration into society of these children.
(4) The State Government shall establish and maintain, either by itself or in association with the voluntary organizations, Children Shelters in every taluka for the reception of children in difficult circumstances, their rescue and support and for coordinating subsequently their care, treatment, education, training, development and rehabilitation.
11. Girl Child.- The State shall develop and implement comprehensive policies, plans of action and programmes for the survival, protection, development and advancement of the girl-child to promote and protect the full enjoyment of her human rights and to ensure equal opportunities for girls and all these plans should form an integral part of the total development process.
(2) The State shall ensure elimination all forms of discrimination against the girl-child which result in harmful and unethical practices, such as pre-natal sex selection and female foeticide and infanticide and towards this the State shall promote and support all endeavours that help give the girl child a sense of self-esteem, which would include gender sensitisation programmes at all levels. Special attention will be focused on taking strict action against eve teasing and on all conditions which create an unsafe atmosphere for girls.
(3) The State shall encourage educational institutions and the media to adopt and project non-stereo typed images of girl and boys and to eliminate child pornography and degrading and violent portrayals of the girl-child;
(4) The State shall ensure dissemination of information and education to girls, regarding the physiology of reproduction, reproductive and sexual health.
12. Differently Abled Children .-
(1) The State shall endeavour to ensure that disabilities which can be prevented in children are prevented. Schemes to take timely preventive measures may be introduced and these may separately cover women during pregnancy, mothers during lactation, children below the age of one, children between the ages of one and six years, and adolescent boys and girls. Initiatives may include mandatory screening of all new born babies and rubella vaccination of all pregnant women;
(2) The census of all disabled children in the State shall be updated;
(3) As far as possible, appropriate initiatives for each child shall be taken in a time bound manner to be prescribed;
(4) A scheme for providing counseling and support to parents of differently abled children shall be launched.
(5) A special plan of action on prevention, early detection and early intervention programs, inclusive education and vocational training, central//institutional and community based programmes shall be evolved by the State at the earliest.
13. Other Provisions.-
(1) The Government shall create the State Children’s Fund for raising and coordinating resources for achieving the purposes of this Act.
(2) There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organization.
(3) All fines imposed under this Act shall be credited to the Fund.
(4) The fund created under sub-section (1) above shall be administered in such manner and for such purposes as may be prescribed.
(5) There shall be a State Level Authority which may be called the State Commission for Children to promote and maintain the best interests of all the children in Goa and which will carry out such functions as may be prescribed. The functions may include the following:-
(a) The creation of a Child Friendly Society;
(b) Preparing and implementing a systematic plan for spreading awareness amongst different groups, mobilization action and dialogue within civil society on Child Rights;
(c) Develop a capacity development strategy for the progressive implementation of Child Rights covering amongst others the training of teachers, police, judiciary etc.;
(d) Review all State Legislations, Rules, Orders, Notifications, Schemes and all other provisions pertaining to children and recommend necessary amendments therein, to ensure that the Rights of the Child are protected;
(e) To monitor the implementation of the Convention on the Rights of the Child;
(f) To ensure that children become fit citizens and that all children are given the opportunity and encouraged to learn and develop thinking and participatory skills as well as skills of developing and articulating ideas;
(g) Set up a mechanism to hear complaints from child victims;
(h) Establish norms for good parenting and evolve a strategy for achieving this;
(i) Undertake and promote research in the field of Child Rights;
(j) Prepare disaggregated data on all children in Goa in terms of category, age, sex, etc.;
(k) Examine the situation regarding children particularly the status of the girl child, assess the reasons for discrimination and recommend strategies for their removal;
(6) The State Level Authority shall be constituted within a period of six months from the commencement of this Act.
(7) For finalizing all the Plans of Action, Government shall set up separate Steering Committees comprising persons with experience in that particular area, social workers, Government officers and others. Officers of the Central Government should participate in the deliberations leading up to the Plans, and Government shall carry out visits to other States to see best practices specially in terms of rehabilitation, education and integration of children. The Steering Committees shall oversee the implementation of the Plans of Action.
(8) There shall be a Village Child Committee which shall be constituted by each village panchayat. The committee shall comprise not less than five persons of whom one shall be a child above the age of 15 years and the other members shall comprise representatives from the village panchayat and social workers of whom at least 2 should be women. The Village Child Committee shall ensure the best interests of the child and will pay particular attention to providing recreational and play facilities for children. The Village Committees will also interact with the departments of the State Government in the implementation of the Plans of Action for elimination of child illiteracy, children on the streets, child prostitution and child labour, and will carry out such other functions as may be laid out from time to time.
(9) There shall be 4 or more such Child Committees in each Municipal//Corporation areas.
(10) The Government shall institute a system for recognizing and recording appreciation of outstanding work done by individuals, organizations or departments in achieving the best Interests of the Child under this Act.
(11) The Government shall carry out an awareness campaign after the commencement of this Act to appraise the public about the provisions and to solicit their cooperation. Sustained media advocacy will be taken up with NGOs, Women’s Groups and others to create public awareness on the issues involved. Doordarshan, the Print Media, Radio, Private Television Channels and cable networks and all other forms of media will be used.
(12) Appropriate guidelines for the protection of children from information and material injurious to their well being as well as harmful exposure in the mass media shall be prepared and implemented. For this purpose, the Government, with the assistance of the State Information Department, shall set up a State Council comprising of persons from the media, and others, as may be prescribed.
(13) All persons appointed by the Government under this Act as Members of District Inspection Teams, Task Forces, Authorized Officers and others shall be persons with the highest credentials and integrity. Their proposed appointment and details shall be printed in the Official Gazette wherever they are non-Government staff and the members of the public shall be given two week’s time to file any complaint against any proposed appointment. The Government shall consider all complaints received before reaching a final decision and the appointments made will be notified in the Official Gazette.
(14) The Police Department shall formulate an exclusive Child Code including issues of Child Friendly Police Stations, interaction and behaviour with children, mandatory sensitization programmes, etc.
(15) The Government shall constitute a Special Advisory Group to suggest ways to protect children from the harmful influences of the internet. The Special Advisory Group shall include, amongst others, experts in the field and members of the police.
(16) No child below the age of 14 shall be allowed unaccompanied inside any cyber café or any other establishment which provides any computer services to the general public against a cost.
(17) All establishments providing training to children through computers shall ensure that child friendly safeguards are installed and that no child below the age of fourteen has access to internet facilities other than in the presence of an adult from that establishment.
(18) The owners of such establishments under sub-sections 16 and 17 will be held responsible in case any child is accessing material or sites unsuitable for children.
(19) All such establishments under sub-sections 16 and 17 shall make their premises freely available to the Special Officers for inspection at any time.
(20) The use of children in the illicit procurement, trafficking and sale of narcotic, psychotropic and alcoholic substances is prohibited and anyone found guilty of transgression shall be severely punished.
(21) Anyone inducing a child to gamble or to assist in the gambling trade shall be liable to a punishment of imprisonment of either description for a period of not less than one year and a fine of not less than rupees fifty thousand.
(22) The State shall make special provision for the children of prisoners and commercial sex workers.
(23) The Competent Authority shall have the power to direct any registered Children’s Home to accept any child/children in distress provided that the said Home has the facilities for taking care of the extra child/children.
(24) The decision of the Competent Authority as to who is a “ Child” shall be final and binding.
14. Violation and Penalties.-
(1) The following shall be deemed to be violations of the Rights of the Child:-
(a) non-adherence to or violation of any of the provisions of this Act including those in Section 3.
(b) If the Competent Authority is satisfied, after considering the facts and for reasons to be recorded in writing, that any act of omission or commission constitutes a non-adherence to or violation of any of the provisions of this Act including those in Section 3.
(2) There shall be a Competent Authority which for the purpose of this Act shall be the Secretary to the Government in charge of the Department of Women and Child Development.
(3) The Competent Authority shall have the power to impose penalties for any violation ranging from Rs. 100/- to Rs. 50,000/- on every occasion.
(4) If such fine is imposed on any Government servant for violation of the rights of a child, the fine so imposed shall be paid by the defaulting employee or recovered from his salary or wages.
(5) The decision of the Competent Authority as to whether an action or inaction constitutes a violation of the rights of the child shall be final and binding.
(6) The Competent Authority may, by special order or notification, entrust any or all of its powers and functions on such officers of the Government who shall be designated as Special Officers under the Act.
(7) The Government may notify Authorised Officers who will have the power to entertain complaints regarding violations of the rights of a child. The Authorised Officers may call for information from any person in Goa regarding such violations. Authorised Officers shall submit their report on each violation, with recommendations and justifications for the same, to the Competent Authority.
(8) The Competent Authority may take action under the provisions of this Act in any case of a child.
(9) Information regarding violation.- Any person may give information of a violation to an Authorised Officer, to the Director, to the Competent Authority or a Special Officer.
15. Powers of the Competent Authority.-
(1) If the Competent Authority is satisfied, whether upon information received or otherwise, of the violation of the rights of a child, he shall issue a notice, requiring the person or persons who the Competent Authority deems to be responsible for the violation and/or if that person or persons cannot be found then the employer, superior officer, relatives or any other person or persons who the Competent Authority is satisfied as to be responsible for the violation, and take one or more of the following steps, within a period as may be fixed in the notice, and not exceeding sixty days in any case:-
(a) to dismiss the reference;
(b) direct the person or persons to take such steps as may be necessary in the best interests of the child;
(c) to levy a penalty (fine);
(d) refer the matter to any other authority including the Police;
(e) any other action the Competent Authority may deem fit and necessary including calling the person(s) for a personal hearing and directing that a child be removed:
Provided that the Competent Authority, for reasons to be recorded in writing, may extend the period specified in such notice.
(2) The Officer-in-charge of the Police Station of the area concerned where the violation reportedly took place shall be duty bound and responsible, when called upon by the Competent Authority or any Special Officer to provide all possible assistance including removing a child. The officer-in-charge of the police station, shall be answerable and responsible for non-compliance of the requisition made by the Competent Authority or by any Special Officer.
(3) The failure to comply with the directions contained in the notice under sub-section (1) shall be cognizable offence punishable with simple imprisonment for a term which may extend to 30 days or with fine which may extend to Rs. 5000/-, or with both:
Provided that this failure may be compounded by the Competent Authority, if the person agrees to pay a fine of Rs. 5,000/- in the first instance and Rs. 10,000/- in the second instance only. Provided further that this will not prejudice proceedings as per sub-section (1) of this Section.
(4) The Competent Authority or any Special Officer may enter and inspect any premises for the purpose of enforcing any of the provisions contained in this Act including removal of a child from such premises.
Provided that-
(a) no such entry shall normally be made between sunset and sunrise except when the circumstances so warrant e.g. rescue of a child prostitute who has to work during night hours;
(b) all such entries shall be made by a group of a minimum of 4 persons to be prescribed, which shall include at least two women;
16. Penalty for preventing entry of the Competent Authority or Special Officer.- Every person who prevents the Competent Authority or any Special Officer from exercising his lawful power of entering thereon or there into, shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five thousand rupees, or with both.
17. Competent Authority’s powers in case of default.- If the person on whom a notice is served under sub-section (1) of Section 15 refuses to take necessary action as specified in such notice within the time specified therein, the Competent Authority may himself take such measures or adopt such treatment and recover the cost of doing so from such person as the Competent Authority may decide including the employer or relative of the person, in the form of salary or wages, property tax or any other tax.
18. Appeal against the decision of Competent Authority.- An appeal against any decision of the Competent Authority shall lie to the Chief Secretary.
19. Method of serving notices.-
(1) The notice under Sub-Section (1) of Section 15 shall be given-
(a) by giving or tendering the notice to such person; or
(b) if such person is not found, by leaving such notice at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or
(c) if such persons does not reside in the local area and his address elsewhere is known to the local authority, by sending the same to him by post, registered; or
(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business.
20. Cognizance of offences against Act.-
No person shall be tried for any offence against the provisions of this Act, or any rule, made there under, unless complaint is made by the Police, or the Competent Authority or a Special Officer or by a person expressly authorized in this behalf by the Government:
21. Powers to compound offences.- The Competent Authority may compound any violation against this Act or the rules made there under which may, by notification in the Official Gazette be declared compoundable.
22. Power to police officers to arrest offenders against Act, etc.- Any police officer who sees a person committing a violation against any of the provisions of this Act or of any rules made there under, may arrest such person.
23. Powers of the Special Officer to arrest offender against Act, etc.- Any Special Officer who sees a person committing a violation against any of the provisions of this Act may arrest such person. Any person so arrested shall be handed over to the officer-in-charge of the nearest police station as expeditiously as possible.
24. Procedure after arrest.- Any person arrested for an offence under this Act shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
25. Punishment for malicious abuse of powers.- Any person who maliciously abuses any powers conferred on him by, or under this Act shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.
26. Delegation of powers by Government and Competent authority.- The Government or the competent authority, as the case may be, may, by notification and subject to any restrictions, limitation and conditions specified therein, authorize any person to exercise any one or more of the powers vested in them by this Act and may in like manner withdraw such authority:
Provided that nothing contained in this section shall apply to any powers of the Government to make rules under this Act.
27. Children’s Court.-
(1) The State Government shall, after consultation with the High Court, by Notification in the Official Gazette, constitute a Children’s Court for the State of Goa.
(2) In all aspects of its functioning, the Children’s Court shall be guided at all times by the best interests of the child and all its procedures, the office, the dress worn by the Members of the legal profession and all others shall be consciously and deliberately Child friendly.
28. Composition of the Children’s Court.- The Children’s Court shall consist of-
(a) a person who is or has been or is qualified to be a District Judge, who shall be its President:
Provided that no appointment under this section shall be made except after consultation with the High Court; and
(b) a Jury of at least 3 persons.
29. Term of Office.-
(1) The President of the Children’s Court shall hold office for a term of five years or upto the age of 65 years, whichever is earlier, and shall not be eligible for reappointment: Provided that he may resign his office in writing under his hand-addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing the same qualifications.
(2) The salary or honorarium and other allowances payable to and the other terms and conditions of service of the President and the Jury members of the Children’s Court shall be as may be prescribed.
(3) The Government shall frame rules regarding the detailed functioning and procedure of the Children’s Court, the qualifications and terms of office and other conditions regarding the Jury members, the procedures governing trial by jury and all other related matters.
30. Jurisdiction of the Children’s Court.-
(1) Subject to the provisions of this Act, the Children’s Court shall have jurisdiction to try all offences against children whether such offence is specified under this Act or not;
(2) The quorum for the proceedings of the Children’s Court shall be the President and one Jury Member;
(3) The powers of the Competent Authority and the Special Officers under this Act shall not fall within the jurisdiction of the Children’s Court.
31. Powers of the Children’s Court.-
(1) The Children’s Court shall have all the powers of -
(a) the Court of Sessions under the Code of Criminal Procedure, 1973 (2 of 1974);
(b) a Civil Court for the purpose of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, and administering oath and recording evidence.
(2) Every proceeding of the Children’s Court shall be deemed to be a judicial proceeding within the meaning of sections 195 and 228 of the Indian Penal Code, 1860 (45 of 1860).
32. Procedure of the Children’s Court.-
(1) The Children’s Court shall follow such procedure as may be prescribed:
Provided that the procedure so prescribed shall be child friendly and shall be deemed to include the following.-
(a) Age of Innocence : A child is presumed to be innocent of any malafide or criminal intent upto the age of 7 years in all cases and upto 12 years in cases wherein he is unable to understand the consequences of his action on account of immaturity of understanding.
(b) Procedural Protection of Innocence: Procedural safe-guards shall be guaranteed to protect the presumption of innocence;
(c) Provision of Legal Aid: To protect the child’s right to and presumption of innocence, provisions shall be made, when needed, for free legal aid;
(c) Avoidance of harm: At all stages, from the initial contact till disposition, extreme care shall be taken to avoid any harm to the sensitivity of the child.
(d) Principle of Best interest: This principle seeks to ensure physical, emotional, intellectual, social and moral development of the child, so as to make him a useful and good citizen by ameliorating the impediments to healthy development.
(e) Principle of non-stigmatizing semantics, decisions and actions: Non-stigmatizing semantics must be strictly adhered to, and the use of adversarial or accusatory words, such as, arrest, remand, accused, charge sheet, trial, prosecution, warrant, summons, conviction, inmate, delinquent, neglected, custody, etc., is prohibited in the processes pertaining to the child under this Act.
(f) Principles of non-waiver of rights: No waiver of rights of the child, whether by himself or the competent authority or anyone acting or claiming to act on behalf of the child is either permissible or valid. Non-exercise of a fundamental right does not amount to waiver.
(h) Principle of equality: Equality of access, equality of opportunity, equality under the said Act, is guaranteed to the child; and as such there shall be no discrimination on the basis of age, sex, place of birth, disability, race, ethnicity, status, caste, cultural practices, work, activity or behaviour of the child or that of his parents or guardians, or the civil and political status of the child.
(i) Principle of right to privacy and confidentiality: The child’s rights to privacy and confidentiality shall be protected by all means and through all stages of the proceedings.
(j) Principle of Fresh Start: The principle of fresh start promotes new beginning for the child by ensuring erasure of his past records.
(k) Principle of last resort : Institutionalization of a child will be the last resort after reasonable enquiry and that too for the minimum possible duration.
(l) Burden of Proof : Whenever any offence is alleged to have been committed against a child, the burden of proving that such offence has not been committed by the accused shall lie on the accused.
(m) Procedure for Children’s evidence: Whenever a child who is a victim of a crime is required to depose before any authority including this Court, the child shall not be exposed to the presence of the accused or the perpetrators of the crime.
(n) Cross examination of child witness: Whenever there is a need to cross examine a child witness, care shall be taken to see that the tender age or in case of a victim, the psychological condition of the child is taken into consideration and the Children’s Court may adopt such procedures which are fair and suitable to the child.
(o) Deposit of fine prior to trial : Whenever the offence alleged involves a fine, in order to ensure the attendance of the accused during the proceedings and compliance of the Court’s directives and others thereafter, the Court may direct the accused to deposit 75% of the maximum fine leviable for that offence at the beginning of the trial itself.
(2) In all dealings with children, the Children’s Court shall follow the following guidelines:-
(a) Child victims/witnesses are informed of their role in regard to court proceedings;
(b) Their views are allowed to be heard and respected;
(c) Inconvenience to them is minimized and their privacy is respected;
(d) Delays in the proceedings are reduced;
(e) Aggressive questioning or cross examination of child victims is avoided and the same, if necessary, is done through the judge;
(f) Provisions are made for trials in camera;
(g) The identity of the child victim is protected;
(h) Child victims are prepared for the judicial process and prosecution of alleged abusers is not rushed if a child is not ready to go to court;
(i) The investigator ascertains the need for medical examination of the child victim and when examination is undertaken, ensures that multiple re-examination is avoided;
(j) The medical examination should be conducted in the presence of the parent/guardian and social worker/counsellor as far as possible;
(k) Child’s testimony should be recorded in the presence of a social worker/counsellor as early as possible after the abusive incident with other witnesses at hand;
(l) Adequate translation/ interpretations and translators/ interpreters who are sensitive to the children’s needs should be provided wherever needed.
(m) In case of a mentally challenged child, the competent service provider should depose on behalf of the child;
(n) The special needs of the child victims/witnesses should be catered for. These should include the following:-
(i) Enable children to familiarise themselves with the court surroundings;
(ii) Inform children of the different roles of the key persons at court, such as the judge, the defence lawyer and the prosecutor;
(iii) Inform the court of the special needs of children in general and of individual children in specific cases;
(iv) Help children to be comfortable in the proceedings;
(v) Encourage questionings to be short and clear so as not confuse child witnesses;
(vi) Permit children below eight years of age to respond to leading questions facilitated by a social worker.
33. Offences to be cognizable.- Not withstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974 ) any offence punishable under this Act shall be cognizable.
34. Exclusion.- No other Court, civil or criminal, shall have jurisdiction to decide or deal with any offence or any question or any dispute or any liability which by or under this Act is to be decided by the Children’s Court, except by appeal to the High Court or Supreme Court.
35. Act to override Laws.- Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.
36. Duty of Government to ensure effective implementation of the Act.- The State Government shall take such measures as may be necessary for the effective implementation of this Act.
37. Powers to make rules.- The State Government may by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
38. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by Order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary or expedient for removal of the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
39. Jurisdiction of Civil Courts barred.- No Civil Court shall have jurisdiction in respect of any matter in relation to which the Competent Authority or the Director or any other person authorized by the Competent Authority or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any power, and no injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act.
40. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the Competent Authority, Director or any other person authorized by the Competent Authority or Director for anything which is done in good faith or intended to be done in pursuance of this Act or any rule made there under.
41. Bar of suits and prosecutions.- No suit, prosecution or other proceedings shall lie against the Government or any officer of the Government, or against any person appointed under this Act, for any act done or purporting to be done under this Act, without the previous sanction of the Government.

Secretariat Annexe,
Panaji-Goa.
Dated: 14th July, 2003. L. S. Shetty,
Secretary to the Govt. of Goa,
Law Dept. (Legal Affairs).

HUMAN TRAFFICKING ( Anti-Human Trafficking Day Special)

2007-12-07T05:57:00.000-08:00

HUMAN TRAFFICKING
( Anti-Human Trafficking Day Special)
C. Lalremruata

Mihring rilru a sualna lo awmchhan lianber pakhat chu pawisa itna vang a ni awm e, chuvangin kan Bible ngei pawhin sum ngainat hi sual tinreng bul a ni a lo timathlawn lovin, sum itna avangin finrawl chhuah a, mahni mihring puite rubo a, siamtu-in mitin te rualkhai taka min pek kan mimal zalenna (human rights) leh a mihringpui nihna hmaieng pawh zahzo lova ru chhuak a, midangte hnena hralh chhawn leh hi thil rapthlak tak a ni a, hetianga sumdawng hi khawvelah hmun tinah an kat nuk a, khawvel in dorem tumin a bei mek a, mahse a hlawk em avang leh a manna dan tha ram tam takin kan la neihlo avangin hetianga mihringpuite hralh thin te hi an reh theilo a ni. Khawvelah ralthuam leh ruihhlo lama sumdawnna tih lohah chuan a hlawk ber a ni. Mahni mihring puite hmanga sumdawnna tluka tenawm, huat thla leh rapthlak hi a awm chuanglo ti ila kan sawi sual tam awm lo e, he sumdawnna rapthlak hi sap tawngin “Human Trafficking” an ti.

Khawvel thangzel leh hmasawn zelah hian kan ram pawhin ramdangte ruali hma a sawn ve zel a, a pen ve bek bek a ni, sualna chi hrang hrang pawh chutih rual chuan a pung ve tial tial a, khawvel hmu danga thleng tura kan ngaih sualna te chuan ka khawtlang leh kan inchhung a luh chilh a, tualthah te chu rapthlakah pawh kan ngai tawhlo a, kan ngai zam vel mai mai tawh a ni, chutihlai kar chuan tuna kan sawi mek mahni mihringpuite hmanga sumdawnna (Human Trafficking kan ti zel tawh ang) chuan kan ramah bu a khuar tan mek a, invenna tha kan neihloh chuan nakin lawkah kan phur ti rittu leh kan mangan pui tur a ni dawn a ni.

Chung khawvel sualna pung zelah chuan Human Trafficking pawh a hlawk em avangin a ruka sumdawnna larber a ni chho mek a, kan mizo te ngei pawh a tuartu sawi tur kan awm ta reng mai a ni. Khawvel pumin a hlauhawm zia an hria a, a tihtawp tumin an bei chho mek zel a ni. Mi pakhat emaw, pawl pakhat emaw sorkar pakhatin han tih rem chi a nilova, mitin kan tanruala kan do rawn chauhin he sual rapthlak tak hi kan titawp thei dawn chauh a, he sual hlauhawm tak lakah hian engtin nge kan him ang tihte kan ngaihtuah a tul hle a ni. Mihring nunna hi a hlu a, kan siambelh theilo a, a titawitu leh a nihtur ang nilo a, hrehawm taka tihluihna hmanga awpbettu emaw, ti bawrhbangtu emaw chu khawvelin thiam a chantir ngailo vang.

United Nations “Protocol to Prevent, Supress and Punish Trafficking in Person Especially Women and Children , Supplementing United Nations Convention against Transnational Organised Crime” (Palermo Protocol tih bawk) chuan hetiang hian Human Trafficking ahrilhfiah :
“ Trafficking in Person chuan midangte mi thuhnuaia dah tura- hnathawk tura lak te an awmna sawn leh chakna/tharum hamnga rukbo emaw bum emaw. thuneihna hmanga hnehchhiah leh an mimal zalenna laksak te a huam a. Midangthuhnuaidah /hnehchhiah chuan a lo berah tihluihna hmanga hursualna lama hman te, hnarim thawhtir te, sal leh chhiahhlawh anga enkawl leh an taksa bungtihkhawloh te a hum a ni”.
(He Protocol hi United Nations General Assembly Resolution No A/RES/55/25 of 13th November 2000 chuan 25 December 2003a hman tan turin a passed a, Dt 15th September 2005 thleng khan ram 88 in a pawmpuina an ziak tawh a ni)
Trafficking tuartu te chu a tlangpuiin ram rethei leh hnufual, unemployment rate sanna hmun, economics dinhmun chhiatna, rambuai leh Politics dinhmun fellohna hmuna mite an ni a, hemi hia chhan ber nia lang chu chutiang hunah chuan miten sum leh pai an tlachham a, an dinhmun a hniam em avangin sum leh pai tlem te te a bum an awl a, hna hmuhna ni tura an hriat chun an hnial phallo a, an duhber a ni tih an hriat avangin remchangah an la thin a ni.

Human Trafficking Tactic (trafficker-tehnamraw hman lar) :
1. Hna pek tiam (promise of job)
2. Zirna tha pek (promise of higher studies)
3. Nu leh pa ten an hralh ( sold away by parents)
4. Nupui pasal atana neih lem (false marriage)

Human Trafficking hi kum 1900 vela Slave Trade ( mingo, sala sumdawnna) an tih atanga intan a ni a. Kum 1900 vel khan mingo hmeichhe tam tak Europe atangin an mahni duhtu ngeiin Arab ramah leh Europe khawchhak lamah hmei emaw, nawhchizuar turin an pem a, chu chu Europe ram tam leh mipui vantlangin an ngaimawh a, a titawp turin Europe ram hrang hrang te chua 1904 khan “International Aggrement for Suppression of White Slave Trade” chu an sign ta a ni tiin Pu C. Zorammuana, IPS chuan a ziak.

US State Department chhut dan chuan khawvel pumah kumtin mihring (hmeichhia,mipa leh naupang) 6,00,000-8,20,000 (nuai ruk atanga nuai riat leh sing hnih) vel chu an chenna ramri kana hmundanga tawlhruk (traffick) thin an ni a, chung zinga zaa sawmriat (80%) te chu hmeichhia leh naupang an ni a, chung hmeichhia leh naupang zinga zaa a sawmnga (50%) chu naupang kum tlinglo te an ni. Heng hmeichhia leh naupang te hi hmeichhiat mipatna lama hman atan a bikin nawhchizawrhluihtir tur atan leh hursualna lam atan an hmang ber thin. He data hian ram chhuung hmun hrang hrang mihring hmanga sumdawnna ala tello zui a.

Human Trafficking causes (trafficking chhan thenkhat te) :
1. Hna awmloh vang
2. Hmeichhia leh naupang chunga hleihlenna nasat vang
3. Khawpuia pemlut tam vang
4. Industrialisation
5. Retheihna vang
6. Hmeichhe dinhmun chhiat vang
7. Ngaihdan dikloh vang (eg : virgin pawlin damreina)
8. Police leh dan kengkawhtute dikloh/eiruk nasat vang
9 Sex ratio inthlauh vang
10. Sex tourism vang
11. Politics kalphung dikloh vang
12. A titute an hlawk em avangin an bansan phallo
13. Rambuai vang.

United States Federal Bureau of Investigation (FBI) te chhut dan chuan Human Trafficking-ah hian kumtin US $9.5 billion vel a virvelin an chhut a, UNPF Report 2003-ah pawh mi 700,000-2 million te chu International Boundary kal kana tawlhruk (traffick) thin an ni. UNICEF chuan Sri Lanka-ah LTTE te chuan kum 2002 khan naupang 5,369 naupang sipai (Chld soldier) atan an lalui niin a sawi. ILO chuan 2005 khan khawvelah hnathawka chhawrluih mi 12.3 million vel awmin achhut a, chung zinga 2.45 million te chu trafficking tuartu te an ni tiin a sawi. Heng data hrang hrang atanga alan dan hian khawvelah Human Trafficking hi a hluar hle a ni tih a hriat.

Trafficking ti tu te hian hmeichhia leh naupang an bum nasat ber te an ni a, achhan chu hmeichhia te chu nawhchizawrhna atan leh nawmsip bawlna tan te, nupui a neih atan te an hmang nasa a, tin naupang te chu hnarim thawk tur leh Intihhlimna hmun atan te leh an ransa enkawltu atan te, inah awmpui atan leh hotel/restaurant/travel indusrt-ah te an hamng nasa a, tin tunhnai atang khan khawthlang ram (western countries) ten India ram hi Sex tourism atan an hmang nasa hle a ni. Mipa te chu hnarim tak tak thawkturin an la thin.

Human Trafficking hmanna te:
1. Nawhchizawrhluih tir atan (about 80%)
2. Hnarim thawktu atan (force labour)
3. Hmei/nupui pasala neih lemah (false marriage)
4. Naupang sipaiah (child soldier)
5. Camel intlansiak enkawltuah (camel jockey)
6. Drugs tawlhru tu atan (drugs smuggler)
7. Kutdawhtu atan (street beggar)
8. Thil ru tu atan (pick pocketer)
9. Taksa bung hralh sak atan (organ transplant)
10. Hnathawk/tirhkah atan (domestic worker)
11. Circus leh entertainment industry hrang hrang ahman atan.

Russia ram alo kehchhiat atang khan heng ram hrang hrang Albania, Moldova, Romania, Bilgaria, Belarus leh Russia te hi Trafficking hmunpui a rawn nichho a, abikin hmeichhia leh naupang te ram danga thawnchhuak nasa ( most trafficking source countries) an ni a, chung trafficking victim te chu Germany, Italy, the Netherlands, Spain, United Kingdom, Greece leh Middle-east ram hrang hrang Turkey, Israel leh UAE bakah USA ah te nawhchizuar tur in an thawnlut thin.

Asia ramah hian he sumdawnna hi a hluar hle bawk a, a hmunpui ber a ni a, a thangchak em em a, a bikin South Asia leh South East Asia-aah a hluar hle a, Japan hi Asia ramah chuan Trafficking hmunpuiber pakhat a ni.US State Department chuan kum 2001 atanga a kumtina a tihchhuah thin Trafficking in Person Report-ah pawh 2001 atang khan Japan hi kumtin Tier 2 (enbikngai ramah) ala dah ziah a, India ram pawh 2003 atang khan Tier 2 watch list-ah hian kumtin ala awm ziah a ni. Tunah hian Asia ramah sexual trafficking tuar mi 3,00,000 vel an awm niin chhut a ni.

UNO Report 2003 a alan dan chuan India ram hi Human Trafficking khawvelahluar berna ram 9 na a ni a , Reuter AlertNet Survey 2006 pawhin India ram hi naupangte tana ram himlo Parukna (6) naah a lo puang tawh a ni. Police te chhut dan chuan kumtin hmeichhia leh naupang 15,000 Bangladesh atangin India ramah tawlhluh ruk thin an ni a, NGO thenkhat chuan hmeichhia leh naupang 1,60,000 atnga 2,50,000 chu Nepal atangin India ramah tawhluh ruk thin anii a chhut a, chung zinga 35% te chu hursualna lam hawi atan hman thin an ni. India hmeichhe sang tamtak chu Gulf ram bakah Australia, South East AIsa, USA leh UK ah te nawhchizuar tur leh hnarim thawk turin kumtin a ruka tawlhluh thin an ni bawk.

Ministry of Home Affiars, Govt of India chhut dan chuan dan chuan kumtin Nepal atangin mi 1,00,000 leh Bangladesh atangin mi 50,000 India rama a ruka tawlhluh thin niin a chhut a, heng mite hi tamtak chu India ram khawpui hrang hranga Nawhchizawrhna hmunah te leh hnarim thawk tur tein an chambanga, tamtak chu ram dangah an thawnchhuak leh thin a ni. MHA hian India rama trafficking zaa sawmkua (90%) chu hmeichhiat mipatna lam hawia hman an ni tih a sawi a, Reuter AlertNet Survey 2006 chuan kumtin naupang kum 16 hnuailam mi nuai khat eh sing hnih vel te chu he sual tenawm tak turtu an ni a ti bawk.

Human Trafficking hi India ramah Business lian tak a nichho mek zel a, kumtin US $8 million (Rs 36.77crore) vel chevel thin anga chhut a ni. India ram hi Human Trafficking hmunpui (source,destination, transit country) a ni chho mek a, naupang taktak chu Middle-east leh Europe-ah te, USA ah te tawlhruk mek zel an ni a. National Human Rights Commissionchuan kumtin naupang 30,133 bo ziah ang a ni ati a, chung zinga 27% te chu an awmna chin hriatlohin an bo hlen thin. ( Trafficking victim an ni berin alang, hman deuha Vairengte naupang bo an awmna chin an hriat miahloh te paw kha he trafficking victim te pawh hi an ni mai thei a ni)
.
Hmarchhak ram (Northesat India) hi tunah hian trafficker te chuan an rawn tum leh tan mek a, kan vun a ngo a, chubakah kan hmel te a lo tha a, mi rethei tak trak kan tam avang leh hna a van em em avang te, kan economics dinhmun hniam avang te, rambuai kan nih avang te hian remchangah lain min arwn tuam mek zel a ni. A bik takin Assam leh Meghalaya te chu a tuar nasa zual an ni a, keini mizo te pawhin kan tuar mek a.Dan lam kan hriatloh avang leh he Human Trafficking hi inhriattirna tha kan la neihloh em avangin kan la hmelhriat vawklo mai niin alang a, kan zingah he sual tenawm tak hi a cheng mek a, kan inven a ngai tak meuh meuh a ni.

Mizoramah tunlaiin he Human Traffickinglam hi a rawn hluar chho mekin a hriat a hman kum lawk pawh khan Delhi-ah Mizo hnamdang pasal nei chu hmeichhiate zuar thina puhin man a lo ni tawh a, Vairengte naupang chu Sipai officer pakhat chuan awmpui tura laina a bo tawh bawk a, heng bakah hian a dang tam tak ala awm in a rinawm, Immoral Trafficking Prevention Act 1956 hnuaiah 2006 thleng khan mi 13 man an ni tawh a, heng mite hi ITPA hnuaia man te an ni a, Human Trafficking ti tu te an vai hian an nih leh nihloh a chianglo hle a, ITPA hnuai man an ni a, trafficking ti tute an nih vek a rinawm loh hle. Engpawhchu nise he sual hlauhawm lakah hian kan him tawhlo a, kan inven a, tan kan lak a ngai a ni.

Nikum mai pawh khan Mumbai Mizo Association chuan thuchhuah siamnin mizo tamtak Mumbai leh a chhehvelah receptionist tur alak, an thlen hnua an hna thlak sak leh hlawh hmu mumallo an awm a, chuvangin fimkhur a ngai an tih thu te an chhuah a, hetiang tuar hi kan lo awm nual tawh a ni.Hna kan zawnna kawngah hian kan fimkhur a ngai tak meuh meuh a ni, heng trafficker te hian hmeichhia leh naupang te an tum bik thin tih kan hriat ngei ngei a tul hle a ni.

Tunlaiin mi thenkhatin foreign leh phaiah hna hmuhsak thei angin Chanchinbu-ah Advertisement hmang tein an inzuar mek a, mipa tan thawhtur awm miahlo, hmeichhe tana thawh tur tam em em a awm ta teuh mai, hna tha tak tak leh hlawh tam tak tak te an ni hlawm a, mahse heng company leh hna latu te hi kan hriat ngai lemloh leh larlo tak tak te an ni hlawm, heng recruiter te hi trafficker an ni kherlo mai thei, mahse an hnathawhna hmunah an tawk thei a, an la tuar thei chauh a ni, amaherawhchu kan tuar thei a ni tih hriain kan inven thiam a ngai hle a, hna awm apaing bawh mai hi a himlo thei a ni.Tin, Ministry of Women & Child Developement chuan hmeichhia kum 30 hnuailam chu heng ram harng hrangah hianDomestic worker anga kal a khap at bawk , chung ram te chu - Middle East ram hrang harng (saudi Arabia, Bahrain, UAE, Kuwait, Qatar, Oman) leh Syria, Jordan, malaysia, Afghanistan, Thailand, Indonesia, Iraq, Brunei, Nigeria, Sudan, Libya- Times of India, 16th May 2007)

Mi tam tak chu hna thawk turin foreign-ah an la a, an hnathawhna hmun an thlen chuan an passport leh document te chhuhsakin an tinawmnah a, Sex an hmanpui a, an sawichhuah chuan an thlalak chanchinbu leh an chhungte hmuhtirah an vau thin. Mi tamtak chu hna rim an thawhtir a, an hlawh an pe tha duhlo a, an mamawh an in phuhruk zawhloh avangin pawisa a pung tam tak tak awmin an hman tir a, tlanchhuah an tum chuan thahah te hial an vau a, an tlanchhuah tum an man pawhin nasa tak takin an sawisa thin. Mi tamtak chu an taksa bung lachhuakin an hralhsak thin bawk.

He natna hlauhawm tak hian min rawn chim bau tak tak hma hian tan ila ang u, keini kan chetchhuahloh chuan tute nge che chhuak ang, Zoramina mamawh a, a ko che, nangmah chiah kha kan nghak che a, kan ramah zung a kaih a, kan chhaitpui a, kan tahpui tlawk tlawk hma hian tan ila ang u.

(Heti lam kawng hma lak duh te, zoram chhanchuah duhtu leh invennan neih duhte , trafficking chungchang hrim hrim leh he Article chungchanga sawi duh nei chuan main han be pawp teh u le:::: e mail :
rema_cc@yahoo.co.in

Organisation

2007-12-02T23:13:00.000-08:00

Objectives :
i) To provide primary needs of shelter/home, food, clothing as well as counseling and care of the women/girls survivor of trafficking, Commercial Sexual Exploitation and People Living with HIV/AIDS.
ii) To provide education, awareness and training to the women/girls survivor of trafficking, commercial sexual exploitation and People Living with HIV/AIDS to help become self-sufficient.
iii) To provide awareness among the general masses through seminar, workshop, poster campaign etc.
iv) To combat the inhuman system of Human trafficking and forced prostitution.
v) To provide such other service as shall be required for the support and rehabiliation of such women/girls in distress.

Targeted Group:
i) Trafficked women/girls rescued or run away from Brothels etc. or women/girls victims of Sexual Crime etc. not accepted by family.
ii) People living with HIV/AIDS (PLWHA)
iii) Women/girls who have been homeless and are vurnerable to trafficked or sexual exploitation and HIV/AIDS.

Character of the Organisation :
i) The organisation is a voluntary and non-profit making agency.
ii) It will largely independent of government control.
iii) It shall not have any political affiliation.