HUMAN TRAFFICKING AND THEIR RIGHTS
Updated: Oct 12, 2021
Author: Shaurya Negi, IV year of B.B.A.,LL.B(Hons.) From law College Dehradun.
This article gives an account of the flow of research on domestic behavior of youth in India. The child in India is dealing with is an extraordinarily noticeable reality where children are being sold for sex, labour and other illegal practices like appropriation and organ collecting. Child trafficking commits multiple violations of the Human rights of victims. Victims of human trafficking face many consequences because they even after coming out of such a situation, they are victims of exploitation for a long time. this paper deal With human trafficking in India.
This paper analyzes the consequences of human trafficking on the victims. In human trafficking international organized criminals act as a network between Exploitation of nation and human. There is a United Nations Convention on Transnational Organized Crime to Prevent Human Trafficking (UNTOC). This paper studies about Indian Domestic law on human trafficking in the light of international conventions subject matter. Finally, it comes to the fore with measures to prevent human trafficking. The article investigates additional laws and arbitrations that assure and support dealing with children. There is no one exhaustive law that covers all forms of abuse medal Projects explicitly centered around sex dealing and providing high need for restoration as opposed to retribution. Creative activities are in the underlying state.
Keywords: Child trafficking, Child prostitution, Child labour, Human trafficking, Child abuse, wrongfull restrainment, abduction.
As per the law, a person who has not completed the age of eighteen years comes under the category of child. When such children come in contact with any foul play or abuse, it is called Child trafficking. It is described as a display of remorse, where the illegal transportation of a child, the performance of purchase and sale for some commercial use and with the ultimate goal of abuse is accomplished in or out of the country. There are many ways in which children have reached the dealers, but sometimes these children are guaranteed daily wages to support their families and sometimes the original parents are forced to take their children to the family. Think of it as a property of demand. Instruct them yet in reality they are forced into bondage or taken to different areas for asking, working and sexually exploited. The dealers involved with so many practices are hard to follow because there is lack of proper authority of such laws on the issue which is generally called a quiet wrongdoing. Except if the signs of such practice are tracked, no one will think of illegality. the prevalence of such offences. Young people's behavior is usually out of necessity, the enjoyment of work forced and reinforced by their people or predecessors, or the non-payment of obligation. Children can be dealt with with the ultimate goal of appropriation. Child abuse rates have been high in recent years, and children have been kidnapped, stolen and taken hostage in the past two years. The basic violations against children are child and reinforced work, sexual abuse, subjugation of children, compulsory domestic bondage, child soldiers etc.
India is the country where internal smuggling is said to take place more often as compared to across the border of the country. There have been very few studies on child trafficking in India. more In Indian legal language, trafficking is used to refer only to related offenses to prostitution. Therefore, most studies in India have specifically focused on Trafficking of women and children for the sex industry. there is research on Bonded child labor that describes conditions of trafficking without context For smuggling like this. Using this literature, this article reviews the current Knowledge and analysis of laws regarding domestic child trafficking in India and Interventions that aim to provide protection and support to trafficked children.
TRAFFICKING OF CHILDREN AND WOMEN IN INDIA
There is no comprehensive statistical data on child trafficking in all its forms in India. We know that child trafficking in India can serve many purposes: sexual exploitation, domestic labor, agricultural labour, exploitative work in the informal economy, forced marriage, adoption and even organ harvesting. Sexual abuse is a well-documented form of trafficking. At least 25,000 children are said to be involved in prostitution in six major metropolitan cities of India—Bangalore, Chennai, Delhi, Kolkata, Hyderabad and Mumbai (Mukherjee and Das, 1996). Another report states that in Mumbai alone, 40,000 girls aged 10 to 16 years are victims of commercial sexual abuse (Teredes Holmes, 2001). According to a study by an NGO, 30 percent of sex workers in India, which would mean 270,000 to 400,000 people, are minors (Center for Concern for Child Labour, 1998). While the statistics provide specific information, it is clear that the scope of this exploitation is vast, and requires serious attention. Children are not only trafficked for sexual exploitation by pedophiles; They are also forced into prostitution with adults. A national survey of adult survivors of sex trafficking showed that 62 percent were trafficked as children (NHRC-UNIFEM-ISS, 2004). A state-level study in Andhra Pradesh showed that 15 percent of trafficked victims were involved in prostitution before the age of fourteen, 25 percent between the ages of fourteen and sixteen, and 20 percent when They were sixteen to eighteen years old (Vettikatil and Krishnan, 2002).
Sex racket and child exploitation have increased with the boom in the tourism industry. Some of the notorious sites visited by pedophiles are Kovalam in Kerala, Mamallapuram in Tamil Nadu and Goa. Of course, as these areas strengthen law enforcement, the destinations of sex tourists change. The latest report on child sexual abuse mentions an increase in crimes in other regions such as Verkala, Cochin and Kumily in Kerala, Gokarna and Karwar in Karnataka, Puri in Orissa and parts of the Delhi-Agra-Jaipur triangle (conservation). Project, 2002; Terre des Hommes, 2001).
The demand generated by sexual exploitation often leads to child trafficking. One cultural system that has been exploited by smugglers is the devadasi system, a relic of the medieval period. Devadasi, a term which literally means "servant of God", refers to the practice among some communities in India in which families dedicate their daughters to the service of the temple deity. These girls, devadasis who are devoted to the goddess when they are very young and are believed to be married to the goddess, are often sold into prostitution. This practice is prevalent in Karnataka and Andhra Pradesh (Vahini, 2004). According to another study, members of the Nat community in Rajasthan not only engage their daughters in prostitution but also buy girls from other communities (Jagori, 2005).
Trafficking of women and girls for forced marriage is a new form of sexual exploitation. The shortage of girls, which is a result of the long-standing practice of female feticide and infanticide in the states of Punjab and Haryana, has given rise to the demand for brides procured from other states. Girls from West Bengal, especially Murshidabad and 24 Parganas districts were taken to Haryana for forced marriages (Protection Project, 2002). Victims of trafficking for forced marriages also come from Bihar, Bengal, Orissa, Assam and Uttar Pradesh (Shakti Vahini, 2003). In contrast, girls from the tribal communities of Andhra Pradesh and Orissa are brought into the sex industry through false promises of marriage (Shakti Vahini, 2004).
Child trafficking in carpet factories in Uttar Pradesh and Kashmir is a notorious example of child trafficking for labor exploitation (Burra, 1995; Mishra, 2000; Satyarthi, 1995; Sheikh, 2000; Zutshi and Dutta, 1998). Children also toil in conditions such as bondage and slavery in brick kilns, stone quarries and rice mills. They work in the plantation, fishing, brassware and fireworks industries. They are involved in the production of silk, silver and gold jewelry, locks, bidis, incense sticks and porcelain. They are forced to make matches and glass, polish gems, work in zari embroidery factories and produce textiles and woolen fabrics. Goa and Karnataka attract trafficked child labor for domestic slavery from southern states (NHRC-UNIFEM-ISS, 2004). Circuses have also emerged as sites of dangerous child labor for which children are trafficked. As a result of the ban on the use of wild animals in circuses in India, the employment of children as performing artists is increasing.
CAUSES OF TRAFFICKING IN INDIA
Infringement of Human Rights of marginalized people.
In many countries, marginalized groups in society lack institutional human rights, making them potential victims of trafficking. Traffickers may prey on these marginalized groups because they lack the protection of law enforcement, their families, and even the society in which they live. Child trafficking is particularly prominent in areas affected by natural disasters. Traffickers benefit from this situation by kidnapping many children.
It can be seen that child trafficking is more in countries where human rights are being violated. Also, when countries lack fundamental laws regarding human rights, traffickers feel like they can easily escape what they are doing. Lack of human rights laws can also end in punishment for victims, if the law and the government do not recognize that human trafficking is the exploitation of other people.
Poverty is probably the greatest supporter of illegal exploitation. This can lead people to become traffickers; This may prompt parents to sell children or other family members into slavery. People trapped in poverty are targeted by smugglers, who offer them a way to earn money, when in reality, they will actually earn nothing and will be treated like slaves. Poverty additionally assumes a huge part in numerous other underlying drivers of dealing, driving individuals to move, making it hard to get training and genuine work, making recuperation and protection from war and disaster impossible, and So many poor families sometimes have no choice or are in need of money on result of which they have to leave their children in the hands of traffickers. Destitution likewise causes a huge expansion in the quantity of road kids and vagrants. Insecure and fending for themselves, they become ideal victims for traffickers who do not hesitate in their promises of better living and working conditions in another country. Unfortunately, the reality is completely different.
Lack of Educational Infrastructure
Lack of education is another root cause of trafficking and can reduce opportunities to work for a living wage, and it can also reduce knowledge of rights. Illiteracy and lack of education make families more vulnerable to traffickers. Both results may cause people to be more vulnerable to human trafficking. In trafficking prevention, education can also empower children to make changes in their community as they grow up that will prevent the conditions and vulnerabilities that traffickers take advantage of.
Mentality of Society.
In Indian society sons are considered more 'valuable' than their daughters, simply because they carry on the family name, are not subject to dowry and are obliged to take care of them in old age. Since girls are also seen as weak and merely objects of desire, it is clear why most girls victims of child labor end up in prostitution or some form of sexual slavery. According to a September 2015 report in India Today, girls in Agra and Patna are "openly sold" and auctioned for their virginity. Similarly, according to an October 2010 report in TOI, the beauty and age of a girl being sold for marriage is determined by the money paid to the family or broker on behalf of the girl. Today in India too many girls are falling prey to such practices.
Corruption plays a very significant role in every stage of the human trafficking process. It exists from the initial plan to the point where the victim is trafficked – and the exploitation of the individual begins. To better understand the effects of corruption throughout the process, trafficking in persons can be divided into three main stages: recruitment, transportation, and exploitation. each step is sensitive enables corruption and oppression.
While the term corruption, running into the thousands of crores, is part of everyday news, its reach is far wider in rural India, leading to poverty, human trafficking, inequality and accidental bribery. More importantly, it has created such mindsets where people want to get rich overnight, even till joining gangs and committing crimes. In this environment, the highly lucrative human trafficking business seems a fairly obvious choice
DIFFERENT LAWS TO PREVENT CHILD TRAFFICKING IN INDIA
There are many specific laws which have been enacted relating to trafficking of women and children
Prohibition of Child Marriage Act, 2006,
Andhra Pradesh Devadasi (Prohibition of Dedication) Act, 1988
Devadasi (Prohibition of Dedication) Act, 1982
Bonded Labour System (Abolition) Act, 1976,
Child Labour (Prohibition and Regulation) Act, 1986,
Transplantation of Human Organs Act, 1994,
Child wedding Restraint Act, 1929.
Guardianship and Wards Act, 1890.
Hindu Adoption and Maintenance Act, 1956.
Immoral Traffic (Prevention) Act, 1986.
Information Technology Act, 2000.
And apart from specific Sections in the IPC, e.g. Sections 372 and 373 deal with the sale and purchase of girls for the purpose of prostitution.
The Constitution of India specifically prohibits "traffic in humans" in Article 23(1). It also prohibits all forms of forced labor and provides that no child below the age of fourteen years may be employed in any factory or mine or in hazardous work (Article 24). The offense of smuggling is also punishable under the Indian Penal Code (IPC) and the Immoral Traffic Prevention Act 1956. Whoever sells or disposes of a minor under the age of eighteen years for prostitution shall be punished with imprisonment of up to ten years and a fine (IPC Article 372). Similarly, whoever buys, hires or obtains a minor in any other way for the purpose of prostitution, commits an offense punishable with fine and imprisonment up to ten years (IPC Article 373). In addition, the Indian Penal Code Punishes those who compel any person to labor against his will, with imprisonment for a term which may extend to one year, with fine or with both (IPC Article 374). The Immoral Traffic Prevention Act is a special law that specifically deals with trafficking. It punishes anyone who compels or forces a girl into prostitution, punishes her with imprisonment for three to seven years and determines the fine (section 5). Whoever locks a girl in a brothel is punished with imprisonment from seven years to life (Section 6). The Bonded Labor Abolition Act of 1976 prohibits forced or bonded labour.
Thus, although trafficking is prohibited by the Constitution at the very foundation of the legal system, India has attempted to address the problem by enacting a large number of laws on various aspects of trafficking rather than creating a comprehensive body of law. There are two major drawbacks to this system. First, there is no general legal definition of trafficking, which creates a loophole for traffickers who argue that their actions do not lead to trafficking. Second, because of the overlap of jurisdictions between certain laws, traffickers often receive the mildest possible sentence due to the subjective application of the many laws that apply. A dismal failure of laws against trafficking is the higher priority given to sex trafficking than other forms of trafficking. Laws that use the word "trafficking" or refer to the sale of persons are all related to sex trafficking. In a country where child trafficking for labor is so rampant, the relatively mild punishment given to labor traffickers suggests that they can carry on their business without any exemptions. In addition, the baby market continues to thrive due to the lack of acceptance of adoption as a form of trafficking. However, there appears to be a growing awareness and recognition of issues related to trafficking, as evidenced by the provisions of the recent Acts and the proposed amendments to the Immoral Traffic Prevention Act (NHRC-UNIFEM-ISS, 2004). It is expected that Indian policy makers will enact laws that are more attuned to the realities of exploitation. While the law is one half a protective environment, the other half is constituted by the effective enforcement of these laws. Lack of training of police officers and their disregard for the provisions of the law leads to inadequate identification of victims and ineffective prosecution of traffickers. An official study by the National Human Rights Commission showed that only 7 percent of the police officers interviewed had received training on trafficking laws. In addition, a staggering 80 percent admitted that they gave low priority to trafficking cases (NHRC-UNIFEM-ISS, 2004). A pilot project for sensitizing and training police officers is now underway under the guidance of the National Human Rights Commission.
INTERNATIONAL LAWS TO PREVENT HUMAN TRAFFICKING
Many international instruments are indirectly related to human trafficking and
In a special way.
Human Trafficking and International Law
Article 4 of the Universal Declaration of Human Rights. This article provides that no person shall be detained under slavery or servitude. Slavery or the slave trade in all their forms should be banned.
Convention on the Rights of the Child, 1989
For the first time in the history of international law, this international treaty recognized the need for special protection for children and their right to basic human rights. It defines a child below the age of 18 years. Article 35 of the Convention states that the government should ensure that no child is abducted, sold or trafficked in their territory. The Convention also includes the Right to Rehabilitation with Article 39 which talks about special measures to help children recover psychologically and physically and not be bound by their trauma. It also includes some specific protocols that help fight child trafficking.
Declaration on the Elimination of Violence Against Women, 1993
This includes trafficking of women and forced prostitution as a crime of violence against women. This includes physical, sexual and psychological violence as well as violence at home and anywhere in society.
The Hague Convention on the Protection of Children and Cooperation with respect to Inland Adoption, 1993
Commonly known as 'The Hague Adoption Convention', it deals with international adoption, child trafficking and child abuse. This is important because it is one of the first conventions to deal with inland adoption, which is often very difficult and deceiving due to the different adoption protocols and practices in countries that make adoption names difficult for traffickers. But it can create opportunities for increasing smuggling.
ILO Convention on Forced Labour
This Convention basically calls for the suppression of forced or compulsory labor in all its forms. ILO defined forced labor as "all work or service which is taken from any person under the threat of any punishment and for which the said person has not voluntarily offered himself". This conference is the most ratified among all the ILO conventions.
International Convention for the Suppression of Traffic in Women and Children, 1921
When women's rights movements began to gain momentum in the 19th century, they also began to address the issues of child and women trafficking and its role in the exploitation of labor and prostitution. The conference addressed the menace of international trafficking of women and children. Article 7 of the Convention urged governments to take legislative and administrative measures to prevent the trafficking of women and children in connection with immigration and emigration.
Universal Declaration of Human Rights, 1948
The landmark declaration commonly referred to as the UDHR was adopted by the United Nations General Assembly in 1948 which included all the inalienable rights of a human being on this earth. These are natural rights which, though not legally binding, prove to be very important and violation of these can have many legal consequences. Since child trafficking is one of the worst forms of human rights violation, it goes against the principles of this declaration.
Domestic law should be strengthened to tackle human trafficking in India. That it should combat all forms of human trafficking.
National Human Rights Commission should conduct extensive research across the country
Must contribute to the implementation of an effective law for the country and human trafficking.
The rights of women and children guaranteed by the constitution must be ensured for women.
The aspects of migration from one country to another should be strengthened so that it can help in stopping the international organized crime of human trafficking
Many more rehabilitation centers should be set up for the welfare of the victims.
Not only women and children alone, men should also be given adequate means of education and employment which will greatly contribute to the prevention of human trafficking.
Human trafficking laws should be strengthened so that it meets all the requirements to prevent human trafficking. People who are in poverty line across the country should be made aware about human trafficking and its consequences so that they can be prevented from becoming victims. Many national and international seminars and conferences can be organized across the country so that the common people and the government can join hands to stop human trafficking. The weaker sections of the society should be protected by the government so that they do not fall prey to human trafficking. The victims of human trafficking are only persons below the poverty line so the crime of human trafficking can be greatly prevented if the government helps the poor sections of the society and provides them with adequate education and employment. India is seen as the epicenter of human trafficking, while hardship may be a low priority for the Indian government. The Immoral Trade Intervention Act was initially amended in 1956; The Act was created to prevent the trafficking and sexual exploitation of women and children, although the Act would provide a clearer definition of "trafficking". In 2003, the Asian nation implemented the International Organization Convention against Multinational Gangland, which includes 3 protocols: Preventing, suppressing and punishing trafficking in particular protocol persons, especially girls and children.
See the Wide Angle website (URL, accessed 8 September 2009: http://www.pbs.org/wnet/ wideangle/episodes/dying-to-leave/business-of-human-trafficking/trafficking-routes/1428/), for an outline also as maps showing the movement of citizenry throughout the planet .4.
For an account of the case, see ‘US judges involved in human trafficking’, 21 February 2009. URL (accessed 8 September 2009): http://www.thepeoplesvoice.org/TPV3/Voices.php/2009/02/21/us-judges-involved-in-human-trafficking.5.
For the whole text of the Convention and its Protocols, see UNODC (2004).6. For a few recent exceptions, see the work of Bales (2004) and Friebel and Gurviev (2002).References Bales, K. (2004)
. Disposable people: New slavery within the global economy. Berkeley, CA: University of California Press.Fichtelberg, A. (2008). Crime without borders: An introduction to international criminal justice. Upper Saddle River, NJ: Pearson. Friebel, G. and Gurviev, S. (2002
. Human trafficking and illegal migration. Working Paper pub-lished by the Stockholm School of Economics, Stockholm.Gemmell, N. A. (2009). Human trafficking: the consequences of modern-day slavery on the worldwide econ-my. URL (accessed 8 September 2009): http://cndls.georgetown.edu/applications/posterTool/index.cfm?fuseaction=poster.display&posterID=1752.HumanTrafficking.org (2009).
Trafficking in humans for sexual exploitation in Europe. International Journal of Comparative and Applied Criminal Justice 31, 123–45.Reichel, P. L. (2008). http://www.ncjrs.gov/pdffiles1/nij/grants/223286.pdf.UNODC [United Nations Office on Drugs and Crime] (2004). Human trafficking. URL (accessed 8 September 2009): http://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html.UNODC [United Nations Office on Drugs and Crime] (2009b). Migrant smuggling. URL (accessed 8 September2009): http://www.unodc.org/unodc/en/human-trafficking/smuggling-of-migrants.html.US Department of State (2005).