Andhra Pradesh: No awareness, fear of stigma hinder survivors’ access to aid

Many lack the necessary life skills and support to navigate the system, while others choose not to apply for compensation due to fear of stigma and retribution from traffickers.
For representational purposes
For representational purposes

VIJAYAWADA: Not a single survivor of human trafficking in Andhra Pradesh has received the State-sponsored victim compensation between 2016 and 2023, response to an RTI (Right to Information) query, filed by VIMUKTHI, an NGO, revealed. District Legal Services Authorities (DLSAs) in all 13 erstwhile districts, except Nellore, responded to the RTI query.

While the National Crime Records Bureau (NCRB) data states that 2,596 trafficking victims from Andhra Pradesh were rescued between 2016 and 2021, as per the RTI response, only five of them (all from Krishna district) had applied for compensation. The applications were received by the legal services institutions in the year 2022-23. So far, these five applicants have not received the compensation.

It has been learnt that the burden of proof and a general lack of awareness about the compensation scheme have hindered survivors’ access to support. Fear of social stigma and threats from traffickers also often prevent the victims from claiming the compensation.

VIMUKTHI is an organisation dedicated to the rehabilitation of survivors of trafficking and victims of commercial sexual exploitation. The scale of the problem is not limited to Andhra Pradesh. According to a 2020 study by Sanjog, a Kolkata-based NGO, fewer than 1% of India’s trafficking survivors ever receive compensation.

Legal provisions under Section 357(A) of the Code of Criminal Procedure (CrPC) mandate the State and Central governments to establish schemes that provide compensation to victims of crime and their dependents for rehabilitation. It also mandates that the process of obtaining compensation, including the required investigation, should ideally be completed within two months from the application or court order.

As per GO no. 132 issued on December 6, 2016, based on the NALSA (National Legal Services Authority) scheme, `1 lakh should be paid to the survivors of human trafficking. Further, the DLSA secretary decides additional compensation to the victims based on the injuries, their mental condition, whether they belong to the Scheduled Castes/Scheduled tribes, or if they are minors.

Secretary of HELP Organisation Ram Mohan Nimmaraju termed the findings shocking and blamed the system’s inadequacy for less than 1% of the estimated number of victims of trafficking and commercial sexual exploitation being covered under the compensation scheme.

He rued, “Andhra Pradesh, which is one of the country’s worst human trafficking hotspots, struggles to apprehend criminals and compensate victims effectively. Each State in India has its version of the compensation scheme, offering varying amounts, but these efforts have fallen short of providing meaningful assistance to survivors. Many lack the necessary life skills and support to navigate the system, while others choose not to apply for compensation due to fear of stigma and retribution from traffickers.”

VIMUKTHI secretary Pushpa stressed that survivors need encouragement and support to apply for interim relief, even before their court cases commence. Legal aid and assistance are provided to ensure their rights are protected, she said.

However, the ordeal continues for survivors like Rajani from Vijayawada, who remain hesitant to apply for compensation. She was rescued ten months ago. Sharing her concerns, she said, “Going for court hearings and hiring a lawyer itself will cost me a lot of money. Compensation will help me, but I am worried about the long-drawn process.”

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