Kolkata high court awards compensation to trafficking survivor

  • | Tuesday | 26th July, 2016

According to a 2013 collaborative NGO study titled Zero Traffic: Eliminating Sex Trafficking in India, nearly half of India's trafficking victims reported that their families live on less than Rs. In Shefali's case in 2013, the trial judge did not award compensation.In 2014, Shefali assisted by IJM filed a High Court petition to overturn this judgment. 66 a day.In 2012, the government mandated that each state set up a compensation fund for sex trafficking victims, but the order for compensation is only given at the discretion of the judge. The High Court directed the State Legal Service Authority responsible for dispensing compensation to look into Shefali's case, and on July 22 2016, the final order confirmed that Shefali will receive 30,000 rupees. "This is the first time ever that the Calcutta High Court passed an order overturning the trial court's judgment and granting a trafficked victim compensation," said Marie Riba, advocate who provided legal counsel to Shefali.

Ten years ago, a trafficker sold 14-year-old Shefali* to a prostitute. Nine years ago, Kolkata Police with assistance from International Justice Mission (IJM) rescued her from a Sonagachi brothel. Three years ago, the courts ruled in favour of Shefali and convicted her trafficker. But until today, her case was not yet complete, because she hadn't received compensation.On 10 March 2016, Hon'ble Justice Sankar Acharyya of the Calcutta High Court overturned the trial court's judgment that convicted Shefali's trafficker, but neglected to grant her compensation, and ordered that the government award her benefits. The High Court directed the State Legal Service Authority responsible for dispensing compensation to look into Shefali's case, and on July 22 2016, the final order confirmed that Shefali will receive 30,000 rupees."This is the first time ever that the Calcutta High Court passed an order overturning the trial court's judgment and granting a trafficked victim compensation," said Marie Riba, advocate who provided legal counsel to Shefali. "This order is unprecedented and will benefit all victims of human trafficking in West Bengal."Financial support is critical to ensure that survivors, who were often vulnerable to trafficking because they were poor, are not vulnerable again. According to a 2013 collaborative NGO study titled Zero Traffic: Eliminating Sex Trafficking in India, nearly half of India's trafficking victims reported that their families live on less than Rs. 66 a day.In 2012, the government mandated that each state set up a compensation fund for sex trafficking victims, but the order for compensation is only given at the discretion of the judge. In Shefali's case in 2013, the trial judge did not award compensation.In 2014, Shefali assisted by IJM filed a High Court petition to overturn this judgment. The case stagnated between multiple judges until Justice Acharyya gave the final order that stresses the significance of compensation."Getting compensation is important because we want to give a message to victim girls that you are worth fighting for and that the government is interested in rehabilitation," said Riba.Since 2013, multiple judges have awarded survivors compensation in West Bengal courts. Even when the judge orders to give compensation, though, survivors must overcome multiple hurdles to receive it, explained Saptarshi Biswas, advocate who provides legal counsel to victims.Survivors need a bank account to cash the compensation cheques, but for a bank account, they need identity proof, which many lack. And if the government cheque isn't cashed within three months, it's dishonoured."Many cases are still pending and compensation has not been given yet," said Biswas. "Efforts should be made by all concerned for identity proof for girls."After her rescue, Shefali moved into a long-term shelter home and gave birth to a son. Today she works as a salaried tailoring job while her son attends school; she'll use the compensation money to save for her son's education."I want to give my son the best that I can," she said.*Name changed to protect identity.International Justice Mission is a global organisation that partners with local authorities to rescue victims of violence, bring criminals to justice, restore survivors, and strengthen public justice systems.

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