Manju Thapa / Anju Chhetri

In the context of Nepalese law, Civil Act 1963 for the first time accepted the existence of trafficking in women and girls to foreign countries. Though the chapter "Relating to Trafficking in Humans" of the Civil Act does not directly mention trafficking in women for prostitution, It was the lone act to deal with the cases of trafficking for prostitution. Still the crime of girls women trafficking went on ever increasing in various forms and even in large numbers. But as the time passed on the problem became more and more complex, huge and dangerous. It proved the chapter "Relating to Trafficking in Humans" incomplete and insufficient for the prevention of trafficking in women. The always increasing problem of trafficking compelled the law-makers to seek-out an another specific law. And this demand resulted in "The trafficking in Humans (control) Act 1986" which was introduced to control the problem of trafficking in women and girls.

Similarly the government of Nepal ratified the various international treaties and declarations on preserving the rights of women and children as well as the international conventions and agreements relating to control trafficking in humans also. Thus the government showed its commitment to the world towards the efforts of controlling the trafficking in women.

The Nepal govt. formulated and implemented a number of acts and laws to tackle the problem of trafficking in women and girls TIWG but unfortunately the problem seen never going down. Actually speaking, this situation is the outcome of certain reasons. If an individual does not fulfill his/her legal duties or if he/she acts against which the law has prohibited and he/she does not act which the law has obliged, he/she must face legal punishment. But no inquiry could be carried away or no one can pass a decision without any formal complain or writ against any individual for violation of law. Since the society is accursed with extreme illiteracy, ignorance and unconsciousness, there were no adequate formal complains against the trafficking in women and girls for prostitution (TIWGP) registered and more irony is that the concerned authorities working on related FIRS were looked dishonest and fully lacked of commitment towards punishing the culprits and harshly discouraging the crime of TIWGP. Thus on one hand, the law in itself is ineffective, and on the other hand, there remained a big lack of popular consciousness and commitment towards seeking legal treatment and making the law always effective. And moreover is that all the existing TIWGP related acts, treaties or agreements were not complete and practical.

Thus, considering the ever- increasing problem of TIWG, the Nepalese governmental / non governmental authorities realized that some special action is needed to tackle this problem effectively. As a result, to make effective the law against tackling the problem and also to introduce something different from own side to tackle the problem, HMG/N has recently approved the "HMG's National Policy towards Control of the Trafficking in Nepali Women and Prostitution." on BS. 2054 Shrawan 16. Similarly, the Ministry for Women and Social Welfare has also prepared a "National Action Plan for Women Development," 1997 which too has mentioned some special programs against the problem.

Thus all these long-practiced efforts show the fact that the state has a great role and responsibility in preventing such sensitive problem of trafficking in women and girls. So the purpose of our research-study is to evaluate all the state formulated national laws and all international laws, policies and programs signed and accepted by the state. In this particular chapter, it has been endeavored to trace out the positive-negative aspects and weaknesses of existing national and international laws, policies and programs regarding TIWG and provide conclusion and recommendation.

5.2. National Laws, Policies and Programs

Different individuals and various organizations in Nepal, time and again, have been pointed out the lack of adequate laws, policies and programs to tackle with the problem of trafficking in women for prostitution. We have evaluated all major laws, policies and agreements made by the government till date separately regarding the trafficking in women and girls while there is a separate topic to describe the minor provisions being based on the available documents.

What is the government attitude towards the problem of trafficking in women and girls ? How much the government has given importance to it ? Are the policies and programs prepared to tackle the problem practical, justifiable and effective or not ? How far is the law proved effective in doing justice ? To find out the answers to such queries, a complete appreciation of the existing national laws, policies and programs looks necessary.

5.2.1. His Majesty's Government/Nepal's National Policy Towards the Control of Trafficking in Nepalese Women and Prostitution 1997

In Nepal, an NGO named ABC Nepal put forwarded the demand in 1990, for the first time, that the government should come ahead with a clear national policy about the trafficking in women. A well conscious population is necessary for the legal treatment of any problem and to make the law more and more effective. If the public is not so much aware to this fact, it becomes the responsibility of the government to come ahead with policies to tackle with the grave problems. As the number of trafficked women and girls went on ever increasing and the culprits developed indirect various ways for their never decreasing heinous crime of trafficking, the problem seemed very far from the reach of simple and direct laws. So a number of Nepali NGOs shouldered the ABC Nepal's demand of a subtle national policy on trafficking in women. As a result the government was also compelled to pay attention to this demand of NGOs, and HMG/N' the Ministry for Women and Social Welfare formed a Task Force to formulate national policy with the representatives from GOs and NGOs as well. This Task Force purposed a draft policy which later on developed as the "HMG/N's National Policy towards the Control of Trafficking in Nepali Women and Prostitution 1997" and was passed by the cabinet for the immediate effect on 2054 Sharwan 16. This National Policy deals the problem of Trafficking in Women and girls in two separate chapters as the policies and programs. Since, the both sides-government and non-government, share equal responsibility and contribution in formulating the National Policy, they can not either blame one-another or throw responsibility on other's shoulder regarding the drawbacks in the policy afterwards. Both sides are equally responsible for every negative and positive point in the National Policy. However, the formulation and the implementation of the National Policy- 1997 has fulfilled the lack of a government policy towards the problem of trafficking which was realized by different sectors since long time.

A) Main Features of the National Policy

 The National Policy 1997 which is formulated to tackle with the problem of trafficking in women has many features. Some of the major points have been discussed here.

 I) Joint Policy

 The National Policy 1997 is focused not only on trafficking in women and girls, it has the joint provision on how the government should deal both problems of trafficking in women and prostitution and what should be done to tackle the problems. Because girl trafficking in Nepal is directed to prostitution, the policy-makers has taken the two topics of trafficking and prostitution as inter-related topics. The policy has not identified the difference of the forms of prostitution i.e.. forced prostitution and volunteer prostitution. Also the government does not clear whether it will control the prostitution in both forms or will tackle only the forced prostitution.

Though the title of the policy is limited to the extent of ' control ' trafficking, the detail discourse proves that the formulation of the National Policy is guided by approach of preventing the problem of trafficking in women. To gain this objective though the title of the Policy is limited to the extent of 'Control' trafficking, the detail discourse proves that controlling the trafficking in women of it has mentioned various preventive measures i.e.. creating awareness, formulating laws based on gender equality, making the laws on trafficking more effective with timely amendments, eradicating poverty and unemployment; providing guardianship, security, consolation and rehabilitation to the rescued women; punishing the culprits severely. There is also a provision of financial compensation to the victimized women. Thus, the National Policy, preventing trafficking and rehabilitating the rescued victims also includes other important aspects of the problem. The preventive approach looks practical and appropriate in tackling the trafficking in women.

III) Recognition to the Participation of Private and Non-governmental Sectors

Though, in Nepal, governmental and non-governmental authorities have been raising the trafficking in women and girls problem as one of the major issues in their own ways, yet they were looked not as an assisting partners but a complete rival. They wasted a lot of time to point out the faults of others and blame each other. So, it is very encouraging that the government recognized the contributions made from non-government sector and include them in the Task Force for preparing National Policy. This resulted in the Policy where it is mentioned in the written form that the govt. will include the private sector, NGOs and INGOs of national and international level whenever it will conduct programs on trafficking in women. The Policy has also emphasized on the co-ordination between governmental and non-government sectors.

IV) Emphasis on Bi-lateral and Multi-lateral Networking

The major spots where trafficked Nepali women are being sold, no doubt, as our study suggests, are in India. It is also heard that some Nepali women are trafficked even to the third country but this fact is not yet confirmed. Thus, it is a proven reality that merely the Nepal government's efforts to tackle the problem of trafficking in women can not be enough. The control and prevention of trafficking in women is directly affected by the attitudes/policies of the concerned countries towards their boarders and foreigners, towards trafficking and prostitution, by the related laws and regulations, and by the role played by local NGOs. So the National Policy has raised the issue with importance that HMG/N should make efforts for bilateral and multi-lateral networking with the international authorities while tackling the problem of trafficking in women.

V) Provision for National Network

 The Policy has a clear provision of forming different national, district and village level co-ordination committees nation wide. It is also mentioned in the policy that such different committees should include the representatives from government sector as well as from NGOs.

VI) Provision for Programs of Creating Awareness and Self-reliance

The policy has provision for the programs of creating awareness against the trafficking in women and girls and for the rehabilitation of the rescued ones, and programs of increasing self-reliance. This shows that the policy-makers have assumed poverty, illiteracy, ignorance and unemployment as the major obstacles in preventing the trafficking in women and girls.

B. Drawbacks in the National Policy

The National Policy though has filled the big absence for a national policy on trafficking in women and girls, but this long-sought Policy is full of some serious draw backs. The formulation of National Policy is a big achievement but its effect and usefulness is still questionable because of the drawbacks it has. We have discussed here these drawbacks one by one.

I. National Policy for 'controlling' trafficking, not for it's 'abolition'

The title of the National Policy itself indicates that it has been formulated in order to 'control' the problem of trafficking in women and girls and prostitution and it is not directed or committed to eradicate or abolish the problem. It might be debatable either the 'Prostitution' should be controlled or abolished according to the various viewpoints about the issue. But 'trafficking' must be abolished without any confusion all over the world. The policy is not clear what it really wants about 'trafficking' either to be controlled or abolished. Though the detail discourse indicates some points which look as being prepared for the abolition of trafficking. Still the title and clear cut statement should be written to expose its real approach. Thus choice of diction is not correct.

2. Poor Format

Jointly formulated by the representatives of GOs, and NGOs working against the trafficking in women and girls since a long time and also the long awaited National Policy has its biggest drawback in its poor format. The ten-page long 'National Policy' is divided in two separate topics- 'HMG/N's National Policy towards the Control of Trafficking in Nepali Women and Prostitution' and 'Programs to be lunched by the Government and Non-government Sectors against the Trafficking in Nepali Women and Girls." But strangely enough, a number of facts which should be mentioned under the topic of Policy have been mentioned under the topic of Programs and Vice-Versa. Certain recommendations and identification of solution i.e. facts which should be looked after by HMG/N, something seen good to be done, certain work if carried away would be helpful in tackling the trafficking in women etc. are also included under programs. A recommendation which says political commitment is a must in tackling the problem of trafficking in women and girls has too been described as one program in the National Policy.

Thus the national policy-makers look bewildered in using the particular terms and their meaning i.e.... policy, program, conclusion, recommendation, definition, concept. As a result, the National Policy has a poor format of which one can not follow its attitude, work plan, strategy and objective even after a thorough study of the policy. Again it looks very difficult to the concerned authorities to understand and implement such policy of poor format and full of overlapping. A National Policy should be clear enough to understand and implement as well. But, the existing National Policy is full of serious draw backs while its vagueness will definitely affect the explanation of the Policy and the implementation of the program.

III) Absence of Priorities in Implementation of Program

The National Policy, though in an ambiguous format, has formulated different programs in a good number. But all such programs have no priority-list of importance which program is to implement first and which one is to later; how to distribute the available labor and resources- in such and other salient aspects, the policy-makers do look puzzled. Obviously the absence of priorities for programs may badly affect the implementation of the National Policy.

IV) Absence of Division of Responsibility

The National Policy has no distinct division of responsibility who will conduct the different programs. A lot of time again will be needed to form the implementing authorities and division of responsibility. It will only strengthen the process of implementation and delay all other processes. Thus, no doubt, this is one of the major drawbacks of the National Policy.

 Just like the absence of priorities in implementation of programs and division of responsibilities, absence of fix-duration for implementation is another serious drawback in the National Policy. When there is no time fixed for the mentioned programs, the formulation of the policy itself comes under serious doubt. The policy has no obligatory regulations for government to go for immediate effect of the mentioned programs. If this Policy has been formulated just for the sake of formulation, it will assist little in tackling the trafficking in women.

Implementation is more important than formulating the program. But the National Policy has no provisions for follow-up against the implementation and impact of programs. This has made the Policy too incomplete and ineffective. The makers of this policy do look little alert towards the implementation, effect and result.

The Policy has given little importance to the role of media. There is just a one sentence regarding media in the policy which says "it should be the policy to make the traffickers (culprits) more public through media, to publish the pictures of culprits rather then publishing pictures of victims and giving more importance to the problem of trafficking." The Policy has no distinct programs to translate it into action and utilized maximum with due importance in tackling the problem of trafficking in women, but the policy makers, in this regard, look unaware and uninformed. Thus, completely ignoring the fact that mass media communication- comparing to other people awareness programs- could produce a mass impact in a short period, is a major drawback in the policy.

The National Policy 1997 has mentioned it with special attention on government efforts to rescue under- 18 girls who have been trafficked only with temptation and coercion. but the whole policy remains silence on what is government policy towards rescuing the trafficked women of above 18. There is no division as adults and minors in the policy to curb the trafficking in women and rehabilitate the victims who by hook or crook have returned back Nepal, but when the issue of rescuing comes, the government Policy talks only about the victims of minors and remains silent about rescuing the adult victims; it may be thought that this means the government wants to say- adult victims ! either make your rescue yourself or keep up with your business ! The Policy (the govt.) is completely a failure on the policy rescuing the adult victim women who have been forced to suffer the same violence and who are in a large number.

Thus, this is the National Policy 1997 which has less positive characteristics and more draw backs. It has little room for hope as its format and provisions suggests to its easy implementation and effectiveness. Now again it is upto the NGOs as they had raised their voice and compelled the government, the past in, for the formulation of a national Policy, they should raise their voice in similar fashion and pressurize the government for the policy's effectual implementation. Both sectors- government and non-government are equally responsible for all the drawbacks in the Policy, so the both sectors should feel the responsibility to carry away the anti-trafficking campaign by making timely correction to the drawbacks in implementation of the policy.

Ministry for Women and Social Welfare, HMG/N has prepared the "National Action Plan for Women Development, 1997" which focuses violence against women as a sensitive and important issue. The formulation of this Action Plan 1997 is the best commendable work performed by the Ministry for Women and Social Welfare so far. This Action Plan is based on the twelve critical areas of concerns identified as the main obstacles on the path of women development by the Fourth World Conference on Women in 1995, Beijing. Thus the violence against women, identified by the Beijing Conference as a critical area of concerns, the Nepali Action Plan describes, under a separate title, various forms of violence against women and what type of action plan is needed to eliminate this problem.

The ministry for Women and Social Welfare has tendered a request to His Majesty's government Nepal to incorporate this very Action Plan in the coming Ninth five-year plan. Besides, it is said that the Ministry itself has objectives to lunch these with seeking assistance from different donor agencies and NGOs. If it can be translated into action, it will help a lot in the direction of curbing the trafficking in women. So it is appropriate to discuss the Action Plan's provisions for prevent trafficking in women.

According to the definition as stated by the National Action Plan for Women Development involving any other individual in the act of "selling, purchasing and trafficking in humans and prostitution with coercion" is a form of physical torture. And to control this crime, there already exist laws under the chapter "Relating to Trafficking in Humans" of Civil Act and "Trafficking in Humans (Control) Act 2043 BS". Evaluating these acts, the Action Plan has said. "Though the tittle "Relating to Trafficking in Humans", of civil Act, Trafficking in Humans (Control) Act and Labor Act all prohibit trafficking, prostitution and forced Labor, yet laws in Nepal against trafficking in women for prostitution are not upto the demand of the situation."

Under the titles policy, plan., program and activities, the Action Plan has some provision for the control of trafficking in women. The most important point it has raised is "Bi-lateral talks to tackle the problem of trafficking in women should be initiated from the Nepali side" and there is a clear division of taking action which says this should be carried away by the ministry of foreign affairs. Similarly, mainly the following five points are related with the trafficking in women. These are the part of actions which are to be taken by the concerned governments, regional and international organization.

This Action Plan has a five-year time range and a clear division of yearly actions for this time frame. For the beginning year of Action Plan, it has finalized the action as 'the Nepali side should initiate for the bilateral talks with India to tackle the trafficking in women,.

Though the inclusion of merely above mentioned points in the National Action Plan for Women Development seems very little, but with the commence of detailed 'National Policy for Controlling the Trafficking in Women and Prostitution', it is not much necessary for the Action Plan to include all this in more details.

A distinct division of responsibility for the implementation of Action Plan and the given time frame are its positive aspects. This indicates the possibility of making the implementation process transparent, prompt and effective. So it will be good to wait and see how it will be translated into action whatever the provisions Action Plan has.

5.2.3. Memorandum of Understanding (MOU) between His Majesty's Government NEPAL POLICE and UNICEF-Nepal, 1997

The government, time and again, is blamed for not showing its commitment and efforts to control trafficking in women, still one can not devaluate the efforts of Nepal Police regarding the control of trafficking in women. In fact, Nepal Police which is also an authority of government, is not active upto the general expectation for the actions like punishing the traffickers and reveal the criminal individual/groups in public with proper investigation, but Police is appreciatively active in creating the anti-trafficking public awareness. Nepal Police has increased its activities since past three years to work creating anti-trafficking awareness in co-operation with the GOs, NGOs, other organizations and with the group of students, Journalists, social workers and individuals from different walk of life by visiting prone areas (villages and factories etc.).

Possibly the UNICEF Nepal was so much impressed by such contribution of Nepal police that the UNICEF reached a memorandum of understanding (MOU)with Nepal Police to work together against trafficking and sexual exploitation especially in children. If the action goes according to the five year MOU between His Majesty's Government, Nepal Police and UNICEF-Nepal, it will definitely contribute remarkable to control trafficking in girls/women. So, it may be useful to quote this MOU as it is.

1. Unless otherwise agreed, the Nepal Police shall:

2) Unless otherwise agreed, UNICEF-Nepal shall:

Inspector General of Police, Mr. Dhrub Bahadur Pradhan and the then Representative of UNICEF-Nepal, Mr. Stewart MCNab have signed on the MOU.

The Memorandum of Understanding (MOU) signed by HMG/N, Nepal Police and the UNICEF-Nepal is concentrated not only on controlling the trafficking in women. Since UNICEF is a world organization working for children welfare and rights, the MOU too has the objectives of eradicating trafficking and sexual exploitation of children. Nepal Police has the responsibility to develop detailed program to secure children from all kind of sexual exploitation and trafficking, but whatever programs are mentioned there, the priority is given to research, study and advocacy type works. When giving a bird's eye on the programs previously conducted by Nepal Police and also on the MOU, the trend of this program seems to be centralized towards raising awareness in the victims, affected family and the porn society. Certain jobs are there which can not be performed by others except police., So police has to (and must) perform such vulnerable tasks i.e.. find out the criminals; investigate whether there is gang of criminals or any network exist and gather evidences for legal action; study the complete background and search out the hidden causes that led the individual to commit a crime. As the criminals do not come under the targeted groups of MOU which means there is no possibility of developing programs keeping investigation of crime and criminals in focal point. So the absence of its clear description is a serious drawback of MOU.

Though these programs are developed and conducted by police, yet these basically do not differ the programs developed by other NGOs.

MOU is signed basically for a duration of five years, but before the completion of this agreed time, any one of the two party can break MOU in no time, so the time-factor of MOU comes under doubt.

As a whole, MOU has made Nepal Police not to worry about the financial and other resources when implementing the program. Still the revelation of this MOU is that the extent of the affects for controlling trafficking in women is very much depends on the commitment and capability of Nepal Police.

5.2.4. The Trafficking in Humans (Control) Act, 1986

As the problem of trafficking in Nepali women went on increasing and more complicated, the Trafficking in Humans (Control) Act, 1986 was come into effect. The provisions of this Act has made the other similar existing provisions inactive, of the chapter "Relating to Trafficking in Humans" of Civil Act (Muluki Ain) 1963. But other provisions from the Civil Act not included in the new Act, are still well in effect. The new Act of 1986 has more provisions which are distinct and cover a large area compared to that of Civil Act 1963 in tackling the trafficking in women for prostitution. But in spite of many positive aspects, judicial treatment have found some serious drawbacks in this Act of 1986. So it deserves a discussion in detail to find out how far the Act of 1986 is timely and effective or not.

A) Characteristics of the Trafficking in Humans (Control) Act, 1986

I) Guided by the Feelings of Morality and Preserving Rights:

This Act was commenced with the two approaches within the right. It is stated in the preamble that this Act was commenced with the objectives of preserving the interest of people and maintain morality. Thus the problem of trafficking in women for prostitution is also an act against the welfare of people, welfare of the victim and morality.

The area covered by this Act is not bounded just on the concern of trafficking in women for prostitution. It has defined trafficking in more wider sense which include all acts i.e.. the sale and purchase of humans (not only of women), taking persons to foreign countries for the purpose, enticing or alluring women into prostitution, or coercing them by undue influence, fraud, threat or any other means. While defining the act of trafficking, the Act is not discriminated or based on the basis of gender age, or objectives.

III) Extra Territorial Jurisdiction:

Even an individual who has committed a crime prohibited by this Act went abroad, can not live long without being punished for his/her criminal act. Generally the jurisdiction of a law is the territory of the concerned country. But in the context of some specific criminal cases, the jurisdiction is widened as extra territorial by mentioning it in the article of law itself. Assuming the sale and purchase of humans a heinous crime, this Act has a provision of jurisdiction. Thus this Act has an extra-territorial jurisdiction to grab and punish the vulnerable criminals of trafficking in women.

IV) Silent on Volunteer Prostitution :

The Act of 1986 has declared the acts of enticing or alluring women in prostitution or coercing them by any undue influence as a crime, but it is silent on whether the volunteer prostitution is a crime or not. The Nepali laws nowhere have granted legal status to any form of prostitution, yet the existence of some provisions like coercing prostitution and legally accepting the term 'prostitute', it seems the Act has silently granted a legal status to volunteer prostitution.

 V) Burden of Evidence:

One of the main features of this Act is the specific provision of burden of evidence lies on the accused person. Generally if any individual is charged of any crime, it must be proved by the person who files the case but this Act with an objective of encouraging the victims to file cases and has a provision which provides the burden of evidence on the accused person and gives him full opportunity to prove his innocence.

B) Draw Backs of the Act

The Trafficking in Humans (Control) Act, 1986 is complete in itself, it has some draw backs which remain as great obstacles in combating the problem of trafficking. This requires an immediate amendment of the Act to gain completeness from these draw backs.

The Act is not also directed to 'abolish ' the trafficking rather its title states that the act has been formulated to control the problem of trafficking in humans. This is its great fault which made the legal provision handicap and incomplete.

II) No Recognition to Clients of Coerced Prostitutes as Criminals:

The Act of 1986 which comparatively has wider definition, has recognized as crime to the act of purchasing women by providing a huge amount or coercing them by undue influence, frond threat, or any other means; but the individuals (clients) who pay money and come to seek pleasure from the coerced prostitutes are not recognized as criminal, and no doubt, this is a great drawback of this act. So, it is a requirement of the act to add a new provision of declaring criminals to anyone who comes as a client to the national citizens who come to the coerced prostitutes brought away from another country or to the country women allured or coerced to prostitution by undue influence; their acts should be punishable; so that it may assist discouraging the trafficking in women. The act of purchasing of women body and making them commodity for entertainment should be considered a crime.

III) Big Difference in the Period of Imprisonment:

Two elements- act and mens rea (action and intention) -are needed to turn any action into crime. So, the action and intention are deeply investigated and discussed whenever an accuse is declared criminal and the period of imprisonment is decided. Thus there may be different judgments according to the intention for the same crime. That's why there is always a flexibility in the provisions of period of imprisonment and financial penalty. The full authority of decision making is awarded to the judge so as to decide according to the condition and nature of crime.

The Act of 1986 do also have such flexibility. Of course, a stranger sells somebody or a father sells his daughter or a brother sells his sister; or to sell an adult woman or to sell a girl of 5-6 year- all these are not the crime of same nature and intensity. Though the act of selling is the same but the intention behind it shows the seriousness of the crime. Yet, there is no absence of the element of intention in the act of selling a women for prostitution in foreign land. Therefore enforcing imprisonment from 10 to 20 years or 5 to 10 years for a crime like trafficking in women is not a reasonable provision of punishment. This flexibility or big gap in the period of imprisonment should be of one or two years so that the criminals might not unduly influence the discretion of judges and there might not be a long term or a short-term imprisonment for the same crime.

There is famous quotation in the legal field-justice delayed is justice denied. This fact becomes more sensitive in the issues of critical concern. Trafficking in women and coerced prostitution by undue influence are such sensitive issues of critical concern. Therefore such cases should be finalized as soon as possible. But there is no provision in the Act of 1986 for a short procedure to finalize the cases like trafficking in women. It results in delaying the efforts of controlling the crime and making it ineffective. Public feel being discouraged to go against crimes in the absence of easy procedure while the criminals, to show themselves innocent, do get wonderful opportunity to gather pseudo witnesses and feel encouraged to undue influence and threatening.

In Nepal, hearing for all types of cases is proceeded in open court. Nepal has neither the tradition of family court nor the in camera court. So is the case of the Act of 1986. Thus the absence of provision for in camera court looks a vulnerable drawback of this Act. In fact, the victims of trafficking in women, coerced prostitution, rape and alike cases are devoid of real justice from open courts. So if the concerned institutions are serious enough about controlling the trafficking in women, there must be the system of in camera court included in the Act of 1986. The absence of such system has prevented the victims to put their remarks and sufferings freely and to collect evidences for judgment while the criminals are taking undue benefit from it.

VI) No Provision of Compensation for the Victims:

According to the provisions of financial fine and imprisonment as sanctions to the criminals, the Act of 1986 looks very hard and rigid. In fact, the formulation of the Act has very clear cut approach to punish criminal as much as possible and reduce the magnitude of crime But It is very sorry to find the Act which has no provision of compensation for the victims. Persons who are made the victims of an inhuman and cruel crime, have not been considering seriously by the act. The observe of provisions of compensation which might be great and important assistance for the rehabilitation of victims, is a serious fault of the Act.

Whenever the issue of trafficking in women raises in Nepal, mostly the parents, very often, are accused of being involved in trafficking in women. This has been revealed by many incidents including from those who had been sold to Indian brothels and returned back to their native land after rescuing or by other ways. But the Act of 1986 looks to be formulated and enforced with the presumption that the parents and close-relatives do not traffic their daughters, sisters or wives. So the burden of evidence on the accuse in case of other person going under probation but who will bear the burden of evidence if a case is filed against the parents or against close-relatives. This Act has not provided the parents and close relatives with the burden of evidence to prove not being guilty. Whereas it is again unclear whether the notified or plaintiff (HMG/N) should bear the burden of evidence. This hinders the process of justice technically when proceedings continue on the cases against the parents or close-relatives.

The above mentioned drawbacks of the Act of 1986 are very complex and problematic. Since this is the main Act to deal with the problems of trafficking in women, its effective enforcement could play a major role in tackling the issue of critical concern.

But amendment of all these faulty provisions might make the act more complex and incompact. There are so many faults to be corrected. So it looks better to draft a new bill regarding the abolition of trafficking in humans and cancel the exiting laws- the Act of 1986 and the chapter "Related to Trafficking in Human" of the Civil Act, 1963.

The formulation of new Act might help to close all existing confusion and practical difficulties. Institute for Legal Research and Resources (ILRR),an NGO is now continuously doing the job of drafting a new bill for the abolition of trafficking in humans. The organization intends to request the liberal, nice and genuine members of the parliament to introduce the final version of this newly drafted bill and pass it from the parliament, in the coming session.

5.2.5. The Chapter "Relating to Trafficking in Humans" of the Civil Act, 1963

The chapter "Relating to Trafficking in Humans" of the Civil Act ( The Muluki Ain) enforced in 1963 was the first of its kind to deal with the problem of trafficking in women. This chapter so far has been amended twice. Most of the articles of this chapter are displaced by the articles of "The Trafficking in Humans (Control) Act, 1986", so they are not considered the prevailing laws. Still the substantial provisions of the chapter are still effective and enforcing to deal the cases of trafficking which committed before the Act of 1986 came into existence. Such cases are in the large number also. So only the substantial provisions of the chapter have been discussed here according to examine its effectiveness and usefulness to provide justice for the victims. But the procedural provisions of the Act 1986 are also attractive and effective even to deal the cases committed before 1986.

The major draw back, in the substantial provision of the chapter, is also alike in the Act of 1986 that there is also big difference in the period of imprisonment.

However, the existence of two Acts- the related chapter of Civil Act and Special Act, 1986 has, in fact, created many confusions and difficulties to ascertain fair justice to the victims and hard sanction to the criminals. Again, both of the acts are not free from drawbacks and faults. So the increasing crime of trafficking in women and girls for easy money and other various reasons has demanded the need to formulate a new bill according to abolish this crime and cancel both existing Acts.

5.2.6. Result of Loopholes in Law : A Case Study

A lady named Shimla Tamang is a very notorious name in Nepal whenever the issue of trafficking in women and girls is discussed. in the country. According to different papers and also from the statements of girls who are brothel-returns, Shimla Tamang is a proprietor of a brothel in Mumbai where a number of innocent Nepali girls are in coerced prostitution. If all these facts are true than, no doubt, Shimla has violated the law by selling, purchasing and coercing women into prostitution unduly influence. Many evidences have shown that she is really a brothel owner.

In such context, a case of trafficking in women was filed in 1993 in the court of Sindhu Palchock against Shimla Tamang, Ranjit Tamang, Kamala Tamang, Sita Lama and Radha alias Balkrishna Danuwar in response to a formal complain registered by Gita Danuwar, a Nepali village girl who was suffered from AIDS in brothel and was made to return from Bombay. Gita Danuwar, the complainant, reported that the above mentioned individuals soled her in different brothels of Bombay and coerced her to prostitution, and she even proved her this statement in the District Court of Sindhu Palchowk. Shimala Tamang and Ranjit Tamang were arrested and imprisoned for the probation and the media coverage of this case was tremendous at that period. Rest of accused persons could not find out in Nepalese territory.

After three years of the case registration, The District Court of Sindhu Palchowk gave its Verdict on March 1996 (27 Fagun 2052) convicting Shimla and other offenders. Shimla was punished by imprisonment for a period of eleven years including a fine of NRS. 43500/- while another offender Ranjit Tamang was punished by imprisonment for a period of eleven years and a fine of NRS 50750/-

Later on, both offenders Shimla and Ranjit appealed in the Appellate Court, Patan Lalitpur stating the verdict of the District Court was against the norms of law. A divisional bench of Justices- Kedar Prasad Girl and Lokendra Mallik in the Patan Appellate Court gave its Verdict on November 1994 (Kartik 20, 2053) and reversed the verdict of the District Court. Both the offenders were absolved.

Thus, the drawbacks or the loopholes and the indistinctness of the law and the capability and sincerity of the judges to define the law and to explain legal provisions are mainly responsible for two reverse verdicts on the same case by two courts.

In context of the case of Shimla Tamang and company, two courts (District and Appellate) gave completely reverse verdicts for the same case, and during this whole process such procedural points were made more contradictory i.e.. which act will be attracted; where will be the burden of evidence fall and what should be the evidence.

Generally, the provisions of a substantial law are not effective in the cases which were occurred before the enforcement of the substantial law. In other words, the proceedings of a case should substantially be finalized by the law that prevailed during time of the occurrence of the incident. A newly formulated law cannot define and order punishment on an incident (case) occurred before the making of the law. But such procedural points i.e.. what should be taken as evidences; who should have the burden of evidence; when should be the case finalized etc. should be taken according to the existing laws irrespective of the time of incident. Procedural law has retrospective effect.

Again, the Trafficking in Humans (control) Act, 1986 have been specially formulated to replace the previous relevant chapter of the Civil Act which has already proved unable and incomplete to deal the cases effectively. Therefore all the cases related to 'trafficking' should be dealt according to this special Act. The Act of 1986 clearly states that the provisions of the Act replace all the same kind of provisions of the Civil Act, trafficking related chapter, The special Act has clearly described that in such cases, burden of proof is on the accused person. The statement of the victim which is proved in the court, is sufficient from her side and she / he is no more compelled to attend and speak in front of the court as a proof.

So the District Court of Sindhu Palchok discussed and seriously considered all these facts while dealing the case of Shimla Tamang and company. The burden of evidence was bear by the offenders while the court approved the court-statement of complainant Gita Danuwar. And all this was proceeded in occurrence to the existing 'The Trafficking in Humans (control) Act, 1986. Thus, the offenders were also proved guilty of committing crime from the statement of the notifier Gita while the offenders too were failed to show proper evidences for their defense, so on these related grounds the court gave its verdict that went against them.

But the divisional bench at the Appellate Court, passed the opinion that the incident (Trafficking of Gita Danuwar) was occurred in the year 1981- five years before the formulation of the Act of 1986. So the provision about the burden of proof of the Act of 1986 will not be attracted in the judicial inquiry of this case, and the opinion says, according to the Act of Evidence 1974, the plaintiff should bear the burden of proof whereas the statement of the complainant is taken as proof only when the complainant appears in the court and delivers the statement. But in the case, the complainant Gita did not appear in the court to make her statement. On this very point that the complainant did appear in the court to justify her reporting and the absence of proper proofs according to the Act of Evidence 1964 to prove the offenders quality, the appellate court decided the offenders were innocent.

In fact, this was very wrong and misguided decision. Where an act is silent about the burden of proof, there is confidently attracted the Act of Evidence 1964. But to mention clearly about the burden of proof in the Act means that there is special provision about it which differs to the Act of evidence. So in this case, the burden of proof clearly falls on the accused persons but they were declared being absolved by hook or crook.

Later the office of the Attorney General, the authority which should forward and fight the criminal cases on behalf of government in the Supreme Court, refused this case to forward in the Supreme Court stating the lack of proper evidences.

However the judges of the District Court and the Appealed Court explained the law regarding, a controversial case differing each other on which Act will be attracted. According to the explanation of the Appellate Court, the Trafficking in Human (control) Act 1986 is not enforceable in this case because the happening was occurred before the making of this Act. Perhaps there are such examples in a large number, and if all these cases are to be dealt according to the chapter of civil Act "Relating to Trafficking in Humans" which already proved as incomplete and full of drawbacks, neither it will provide proper justice to the victims nor can punish the convicts properly. Thus it is very necessary that the related laws should already have a clear explanation on such indistinct procedural provisions so that there can not be a such situation in which different judges get chance differ in explanation and where the convicts get nice opportunity to safeguard themselves, by look or crook.

This is just an example of loopholes in law where the criminals can openly escape from the hand of law and victim can not be awarded by fair justice.

We can assume that there are many cases where real criminals were not punished and absolved in the help of their money and power though the certain drawbacks of law are responsible to create such unfair results. Such criminals who are really the brothel owners and heads of trafficking in women and girls from Nepal and capable of escaping from legal sanction ,are in fact, the real and important sources of information to combat the problem. They can exactly expose about the channel, network and tools of the criminals. So many such cases should be seriously studied; deeply analyzed and found the loop wholes of law so that the law makers might be conscious to make the new draft of Act free from such weaknesses.

Similarly, the amendment of existing laws is not the proper solution of correcting loopholes. Rather the new act should be formulated according to deal all the cases irrespective to the time and period of committing of the crime and the existing incomplete and controversial acts should be canceled.

Though the government has just now introduced the National Policy and existing laws are very impractical and incomplete, the government had already started some efforts to rehabilitate the victims of trafficking and other preventive activities since 1984. In 1984, the government had established women welfare House under the then Ministry of Labor and Social Welfare as a transit house where the girls and women who had been returned from the foreign brothels were rehabilitated and trained by different skill oriented training. Altogether seventy four (74) girls and women (brothel returned) were given training until 1989. (Pande Chapala, an workshop paper) Later its policy about target group was changed and girls from ethnic communities and trafficking prone areas including returnees got chance to be trained in the welfare house.

Similarly, the National workshop on Girl Child which was organized in 1989 by Women Service Co-ordination Committee on the occasion of SAARC Girls Child Year had also raised the issue of trafficking in women and girls as an inhuman and cruel problem. So the find report of the workshop stated that the property of the criminals who are engaged in trafficking of minors, under 16 year age, should be taken by the government and the property should be utilized for the welfare of the victims as well as the criminals should be given sanction of life long imprisonment. Thus very few fragmented approach and activities were lunched during Panchayat system to deal this problem.

Until the eighth five-year plan, the issue was never taken seriously and no plan was settled to combat this problem. The mainstream of national plan always ignored this critical area of concern. However, very lately, the draft concept paper of ninth five-year plan included some points according to end all kind of violence against women including trafficking

This is just the concept paper and the detail long plan and programs will be developed later being based on it. So there are some rays of hope that certain programs will be developed to abolish the crime of trafficking in women and girls. In summary, the government has started to accept the problem as the issue of national concern.

5.2.8. Root Causes of Trafficking in Women Identified by Plan, Policy and Program

The Plans, Policies and Programs formulated in effort of controlling trafficking in women have pointed out some certain causes hidden behind trafficking.

As of finding of our study- poverty, lack of employment opportunities, illiteracy, lack of consciousness, social discrimination in between son and daughter, gender biased laws, incomplete and weak laws prevailing about trafficking in humans control, a little activism of Police Force in controlling the crime of trafficking and lack of political commitment for seeking problem- solution are the root causes for the continuation and increasement of trafficking in women. This is why all the plans, policies and programs commenced regarding controlling trafficking in women have been targeted to root-out the above-mentioned causes.

5.2.9. Role and Contribution from NGOs in making plans, policies and programs

A decrease in the problem of trafficking was not seen even after the enforcement of The Trafficking in Humans (control) Act, 1986. Thus the NGOs, already active in this field, firstly realized that this heinous crime of a vast magnitude will not be controlled only by the provisions of law. ABC Nepal, a national NGO working for the prevention of trafficking for the first time in the country raised a voice that the government should form a national policy and programs to fight against the problem of trafficking in women, and after wards, ABC Nepal, CWIN, WOREC, WATCH, Shrijana Vikas Kendra, Maiti Nepal and other NGOs went on attracting the attention and pressurize the government by organizing seminars, workshops, publications, public hearings etc. till the national policy 1997 was enforced. Finally, the government agreed and realized the need of a National Policy regarding the issue of critical concern like trafficking, but only after the growing pressure and outcry from NGOs and personal initiation sensitively developed in the concerned government officials.

The activism and involvement of NGOs in making the National Policy 1997 was remarkable. Four persons Mrs. Durga Ghimire, Gauri Pradhan, Anuradha Koirala and Pratibha Subedi represented NGOs in the Task Force for National Policy. Similarly, Durga Ghimire co-ordinated a team along with the members Gauri Pradhan, Renu Rajbhandari, Pratibha Subedi Madhuri Singh (Sathi) and contributed in the making of the Action-Plan on Violence Against Women under the Action-Plan for Women Development. The Ministry for Women and Social Welfare has tendered a proposal to HMG/N to include this Action Plan in the upcoming ninth five-year plan.

Thus NGOs in Nepal has a tremendous contribution making of policies, plans and programs against the trafficking in women. And now the time will say how NGOs will assist the government and conduct programs by themselves for the enforcement of these Action-Plans of which they themselves are the makers, to a great extent.

In the field of making strong legal provisions, ILRR is now continuously working to draft a new bill for the abolition of trafficking in human. The preparation is targeting the coming session of the parliament to introduce it and formulate new act.

Nepalese NGO sector has been continuously, more or less, raising the issue of trafficking in women and girls and it is working, anyway, for the prevention of this problem since last one decade. There are some specific NGOs too which are mainly focused for the cause of trafficking.

In the same context, we think, the plan, policy and programmes of UN. Agencies and INGOs regarding the issue of trafficking are also very significant and supportive to combat the problem. National NGOs, as direct implementing agents, have great role to address the issue, still the international funding agencies (UN. agencies and INGOs) are also not less important because preventive and curative both efforts in this problem need large resources and supports. The problem is very deep rooted; in fact, it emerges from the defective social structure and relates to so many other elements. Correction of this defective social structure and termination of other concerned elements actually demand high resources, commitment and continuous efforts. Therefore, the approach and contribution of UN. agencies and other funding INGOs cannot be underestimated at any cost. For this reason, the research team decided to look over plan, policy and programs of these groups regarding the prevention of trafficking in women and girls.

Initially, we did corresponding with more than thirty INGOs and UN. Agencies by requesting to provide information about the plan, policy and programs of respective organizations, in written format. Again, after fifteen days, the remind letters were also sent by fax. Unfortunately, most of them did not respond. Only the Swiss Agency for Development and Corporation (DC), DANIDA, JICA, Save the Children (US), Care Nepal, UNDP, UNFPA, UNICEF ( Regional Office for South Asia), CEDPA, Friedrich Ebert Stiftung, HELVETAS Nepal, British Aid Project Support Office (BAPSO), Save the Children (Japan), German Development Cooperation (GTZ), Redd Barna (Save the Children Norway), Voluntarty Service Overseas (VSO) Nepal ,Candian Cooperation Office replied that non of them has any particular plan, policy and program regarding the issue of trafficking in women and girls. Only UNICEF, Plan International Nepal, Oxfam Nepal office, Action Aid Nepal and The Save the Children Fund (UK ) provided the informations about their approach and status to deal this issue.

Above mentioned each organization has its own vision, mission and objectives with particular area, target group and style of work. They have certain priorities. So it does not look appropriate way to analyze critically their plan, policy and programs on the issue of trafficking, without overall study of their priority, approach, policy and programs. So it is only tried here to mention directly plan, policy and programs of the respective organization and there will be no critical comment on these.

Oxfam, under the section "Regional Aims, objectives and Strategies", has clearly stated a specific aim "to increase /inhance the capacities of women to claim and sustain their basic rights". To reach on this aim, Oxfam sets up an objective and advocacy strategies to address the issue of trafficking and cross-border exploitation of women and children.

Similarly, Oxfam Nepal office has developed its program for the financial year 1998/99. Women rights program has been taken very seriously and significantly among these. Oxfam Nepal enforces program on the issue of trafficking and states, - "advocacy : Survey organizations and their work on women in Nepal. Identify like minded and expand national level networking and continue work with 2 Partners in national level. In regional level continue labby to SAARC with AWHRC: and develop common understandings and strategies to lake forward the trafficking issue with other Oxfam offices in the region."

Oxfam Nepal had also already supported and sponsored some of the existing projects and programs for the prevention of trafficking in women, girls and child. Concludingly, its contribution to combat the problem really looks serious and important in both practical and written forms.

Another INGO-- Plan International Nepal has also set up the strategic plan and action related to trafficking. It has developed some specific strategies to integrate gender and equity into all policies and program activities of the organization. One of the policies has been mentioned as "Review intervention to ensure the practical needs and strategic interests of the disadvantaged and women are addressed". Under the policy, "review of collaboration proposal and progress on Girls trafficking with ABC/Nepal," and "steps to integrate girls trafficking issues (community aspects) in PLAN Makwanpur" are major program activities. Plan has also supported a research project on the issue of trafficking.

Thus Plan Nepal is seen committed for the establishment of gender equal society for which the trafficking in women and girls has been considered as one of the great obstacles. So it is dedicated to implement and support programs to deal the girls trafficking issue. Action Aid Nepal supports a local NGO partner called MANK (Mahila Atma Nirbharta Kendra) in Sindhupalchok. MANK's main focus is on the prevention of girl trafficking. It has also supported a research project on the trafficking.

Likewise, The Save the Children Fund ( UK ) Nepal has been working with Maiti Nepal since 1996. From 1997, SCF (UK ) along with Redd Barna (Norway) have entered into a long term partnership with Maiti Nepal and signed a four year contract. The financial assistance is mainly used for rehabilitation center, prevention camp, transit home and advocacy and mass awareness raising campaigns.

United Nations Children's Fund (UNICEF) is the next organization which has, in fact, serious consideration and systematic programs to address the issue of trafficking in women and children. It is mainly concentrated about the girls at risk and sexually exploited children in this aspect. UNICEF's Master Plan of operations (MPO), 1991-2001 comprises objectives, strategy and activities in detail. As the previous contribution of UNICEFto the issue, the MPO writes, "with UNICEF's support, the police, NGOs and college students have been conducting massive awareness raising activities in some of the districts most affected by trafficking. UNICEF has also assisted NGOs to initiate protection, prevention and rehabilitation programs for girls at risk and for sexually exploited children. These efforts, mainly implemented by NGOs, have been initiated primarily with four groups of sex workers and their children: those who have been trafficked and at risk of trafficking, urban sex workers, those of the Badi caste, and the Deukis."

Major approach of UNICEF, regarding the issue, is found more preventive, protective and less rehabilitative. In particular, it is continuously, conducting comprehensive national level situation analyses on child trafficking too and it is believed that the analyses will be supportive to develop national level policy to address the issue. Similarly, as an intervention program, it also aims to lunch income generation/ credit scheme and skill development program in the villages affected by girl trafficking. "The support to other small scale protection and rehabilitation programmes for the victims of trafficking, Deuki girls, Badi girls, urban child sex workers, street children etc. ... should not exceed three years " is also its major activities.

"Children in Especially Difficult Circumstances (CEDC)" are the one of the major target groups of UNICEF's Master Plan of Operations. The programme for CEDC have considered the issue of trafficking in girls and children as a form of sexual exploitation and as a critical area of concern for children's welfare. So many integrated activities planned to be lunched to make children free from the risk of trafficking. It's strategy to work is targeted at different levels which are at the child level, at the family and the community level, at the district level and at national level.

Though the trafficking in women and girls, in Nepal, is in existence since long period, yet the issue as a problem started to be addressed only a decade ago. After that, the attention of funding agencies is also gradually attracted to the issue. Still many of them has not any systematic, specific and written plan, policy and programmes to address the issue. Many for this issue only in the name of support to gender equality. So they lack proper approach, sustainable support and effective programmes to combat the problem of trafficking.

The initiations of Oxfam Plan International and UNICEF to have written plan, policy and programmes are really appreciable and fruitful in order to make their contributions useful. Other INGO and UN agencies which are serious and sincere to deal the issue of trafficking in women and girls, also need to develop specific clear cut approach about it.

5.3. Regional and International Convention, Agreement, Declaration and other Initiations

The Treaty Act 2047 has recognized the international conventions and agreements as National Law. Article 9 of this Act states," If the subject of any treaty which Ratification, Access, Acceptance and Approval is done by the parliament and in which the kingdom of Nepal or His Majesty's Government is a party is inconsistent with the existing laws. The existing laws to the extent of such inconsistency will be void, for the purpose of the treaty."

Again Indian cities like Bombay, Delhi Calcutta are the main receiving centers of women who are trafficked for prostitution from Nepal. Trafficking in women is a cross-broader issue. Regional and International Conventions and declarations are very important and effective instruments to tackle and prevent the issue of trafficking in women. So the study of these authentic documents looks relevant and appropriate in the course of research. When and how the issue of trafficking in women began to be dealt with and how and why changes in definition and approach regarding the issue took place in international forum etc. are vital questions when we talk about the prevention of trafficking in women.

Though the issue of trafficking in women is alike all over the world, there is diversity in circumstances, forms, purposes, affects etc. when and where the issue takes place. Therefore the definition, approach and recommended solutions to prevent the problem are also various and sometimes contradictory too. So the study is not critical and it is only references and compilation of regional and international conventions, agreements and declarations which have, more or less, dealt with the issue of trafficking in women.

In many countries and societies the issue of trafficking in women was addressed about a century ago. Although The International Agreement for the Suppression of the White Slave Trade, signed in Paris May 18, 1904 was the foremost international document to deal with the issue of trafficking in women, After then, one by one, some other remarkable efforts was also adopted in international scenario. Unfortunately, we are unable to deal each and every regional and international initiation because of lack of large space, and time. There are certain limitations. So the effort is limited to deal with only specific conventions focused on including trafficking in women and discrimination against women as well as declarations and programmes of action adopted by different world conferences.

The Government of Nepal is a signatory party of some of these conventions and declarations that obliged the government to take essential steps as recommended there. In fact, the regional and international agreements, conventions and declarations are only directive and there is no provision of penalty in breakthrough and violation of such laws. Therefore the implementation of such provisions, committed in international forum, is very weak and ignored in practice.

5.3.2 Nepal India Bi-lateral Talk, Negotiation and Understanding

In the context of trafficking in Nepalese Women, India is entirely (till date justified) a single receiving country. So the effort for prevention trafficking from Nepal cannot succeed without the mutual understanding and bilateral policy between Nepal and India. Trafficking in Women in Asia and Pacific : A Regional Report, prepared by Sarah Johnston in collaboration with Mantana]. Verachai has also emphasized the fact, "there are very some trafficking definite links between some countries, such as Nepal and India, the Philippines and Japan, which would be best addressed through bilateral agreements. There is need for new legislation which ensure that trafficked and undocumented migrant women are able to exercise their legal rights before being deported."

Unfortunately there is totally lack of such formal and authentic effort between Nepal and India but sometimes few publications have tried to create confusion by mentioning about the existence of bilateral understanding.

The book titled TULASA and The Horrors of CHILD PROSTITUTION, printed and published by Dr. I.S. Gilada for the Indian Health Organization (IHO) and supported by the Ford Foundation, U.S.A. ; HIVOS, The Netherlands; and GFS, Germany has a paragraph which show the existence of a treaty between Nepal and India. The book states, "The public outcry against what was happening was tremendous. In response, the governments of India and Nepal signed a treaty in 1985 for the rescue and repatriation of Nepali girls jailed in the brothels of India."

Later Human Right Watch -Asia, in its publication namely Rape of the Profit has also mentioned about the same treaty of 1985 with reference to the book of Dr. Gilada. so we felt necessity to justify the fact. We tried at our level best to collect the document which could justify the treaty. We did some correspondences to Mr. Gilada requesting him to provide us either its authentic document or information about the source or authentic body where the document might be got. Firstly, he replies us, "I don't have the copy of a reference of the India-Nepal treaty of 1985, nor I could get it from our authorities here. This may not be a treaty between our External Affairs Ministries, but it is certainly between Nepal Police and Indian Police. As soon as I get more details, I shall pass it on to you." Later he tried to escape from the inquiry and responded us in other issues as to divert the question. Thus he couldn't verify its authenticity and stopped to response.

On the other hand, we also asked to related Nepali NGOs and inquired with the authorities of Nepal Government like Home ministry, Nepal Police, Ministry of Law, Justice and Parliamentary Affairs, Ministry of Foreign Affairs etc. We are very sorry to say, not a single inquired body writtenly respond us but all of them verbally show the ignorance and deny the existence of the treaty. Thus, this is, until date, unjustified and inauthentic matter. Still the effort will continue during our field visit phase because if it is the true fact, it might be used to play a great role to tackle the issue.

However, some government officials activists of related NGOs and intellectuals, have begun to feel the need of mutual effort to prevent the problem. Unofficially a delegation of the government of Maharastra has already visited few governmental and new governmental bodies in Nepal and talked about the issue.

In 1996, the High court of Judicature at Mumbai, the government of Maharastra ordered that Nepali girls, who were rescued from different brothels of Mumbai by Maharastra police, could be sent back to Nepal. Then with the help of the local NGOs in Maharastra some Nepali NGOs received and rehabilitated those girls in their centers.

In December 1-8, 1996 Shri Babanro Ghrap- Minister for Women and Child Welfare, the government of Maharastra; Smt. Chitkala Zutch- the then secretary of the Ministry and shri S. Chakravarty- Additional Commissioner of Police, Mumbai had unofficially visited Nepal to follow up the rehabilitation programme undertaken for the girls and also to study the preventive methods adopted by the Government of Nepal to ensure that the influx of young girls into the red light areas of cities in India is checked. The delegation visited and informally discussed with then minister, Mrs. Lila Koirala and other officials of the Ministry for Women and Social Welfare, the then joint secretary of Ministry of Foreign Affairs, the then Additional Inspector General of Nepal Police, representatives of related NGOs etc.

During all discussions, both parties stated the need of collaborating efforts between the governments of Nepal and India to tackle the issue effectively. They talked about the joint awareness programme in prone areas, joint effort to ascertain criminals etc. The Maharastra delegation suggested some actions such as rescue, raise awareness, co-ordination etc. to be taken jointly by Nepali and Indian authorities as well as by NGO in both countries. But a strange aspect is about the rehabilitation in which the delegation suggested to further strengthen the hands of Nepali NGOs.

Rehabilitatio