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In the past decade the volume of human trafficking has increased to the extent that today
it is the third-largest form of translational illegal trade after arms and drugs. The objective
of such trafficking of women and girls is the commercial sexual exploitation. Indeed
trafficking involves worst forms of human rights abuses including emotional, physical
and sexual violence with bleak possibilities of rescue or reintegration.
Trafficked people usually come from the poorer regions of the world, where
opportunities are limited, and are often from the most vulnerable in society, such as
runaways, refugees, or other displaced persons, (though they may come from any social
background, class or race. People who are seeking entry to other countries may be picked
up by traffickers, and typically misled into thinking that they will be free after being
smuggled across the border.
Women, who form over 80% of trafficking victims, are particularly at risk to become
involved in sex trafficking. Potential kidnappers exploit lack of opportunities, promise
good jobs or opportunities for study, and then force the victims to become prostitutes,
participate in pornography or escort services. Through agents and brokers who arrange
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the travel and job placements, women are escorted to their destinations and delivered to
the employers. Upon reaching their destinations, some women learn that they have been
deceived about the nature of the work they will do; most have been lied to about the
financial arrangements and conditions of their employment; and all find themselves in
coercive and abusive situations from which escape is both difficult and dangerous.
DEFFINATION OF TRAFFICKING
“The illicit and clandestine movement of persons across national borders, largely from
developing countries and some countries with economies in transition, with the end goal
of forcing women and girl children into sexually or economically oppressive and
exploitative situations for profit of recruiters, traffickers and crime syndicates, as well as
other illegal activities related to trafficking, such as forced domestic labour, false
marriages, clandestine employment and false adoption…”
-United Nations General Assembly 1994
Trafficking in human beings is a global phenomenon, which has gained momentum in
recent years. The reasons for the increase in this phenomenon are multiple and complex.
Trafficking in general seems to have taken advantage of the globalization of the world
economy that has led to increased movement of people, money, goods and services to
extend its own international reach. It feeds on poverty, despair, war, crises, ignorance and
women’s unequal status in most societies.
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marriages, mail-order brides, domestic work, forced labor e.g. in construction, drug
trafficking, begging, other exploitative forms of work.
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2. India has emerged as a source, destination and transit for both in-country and
cross border trafficking. The problem of trafficking of women and children for
commercial sexual exploitation is especially challenging due to its myriad complexities
and variation. While poverty, low status of women, lack of a protective environment etc
are some of the causes for trafficking, the matter becomes more complex when
trafficking for prostitution is seen as a traditional cultural practice practiced by
communities such as Bedias, Bacchdra, Sansi, Kanjar and Nats or the Devadasi and Jogin
tradition, which are still prevalent in some part of India and have the tacit support of
family and society.
3. An alarming trend that has emerged in recent years is sexual exploitation through
sex tourism, child sex tourism, pedophilia, prostitution in pilgrim towns and other tourist
destinations, cross border trafficking (especially from Nepal and Bangladesh) etc.
4. In view of the complexity of the problem, a multi sectoral approach is needed
which will undertake preventive measures to arrest trafficking especially in vulnerable
areas and sections of population; and to enable rescue, rehabilitation and reintegration of
the trafficked victims.
5. The growing incidence of trafficking of women and children for prostitution in
the country is a matter of serious concern and has been highlighted time and again in
Parliament, by the courts, media and in national and international fora. India has been
placed in Tier 2 Watch list in the ‘Trafficking in Persons ‘Report 2005 of the US
Government for the lack of effective mechanisms to tackle the problem.
6. The following paragraphs depict the importance given to rehabilitation of the
trafficked victims by the Parliament and judiciary and also their directives to this
Ministry.
Under Art 23 of the Constitution, Traffic in Human beings is prohibited and any
prevention of the provisions would be an offence punishable in accordance of law. Sub
Art (1) of this Art envisages legislation for the enforcement of the Constitutional
provisions. Sec 372 and 373 of the Penal Code already exist prohibiting immoral traffic
in women and girls and provide punishment for such offence.
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CAUSES OF TRAFFICKING
Some causes of trafficking include:
• Poverty
• perceived higher standards of life elsewhere
• Lack of employment opportunities
• Organized crime and presence of organized criminal gangs
• Regional imbalances
• Economic disparities
• Social discrimination
• Corruption in government
• Political instability
• Armed conflict
• uprooting of communities because of mega projects without proper Resttlement
and Rehabilitation packages.
• Profitability
• Growing deprivation and marginalization of the poor
• Insufficient penalties against traffickers
• According to the UN a major factor that has allowed the growth of sexual
trafficking is "Governments and human rights organizations alike have simply
judged the woman guilty of prostitution and minimized the trafficker's role."
• Driven by demand; demand is high for prostitutes and other forms of labor in host
countries; therefore there is a very profitable market available to those who wish
to become handlers.
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the victims’ services as reasonably assessed is not applied toward the liquidation of the
debt. The value of their work is greater than the original sum of money "borrowed."
FORCED LABOR
Forced labor is a situation in which victims are forced to work against their own will,
under the threat of violence or some other form of punishment, their freedom is restricted
and a degree of ownership is exerted. Men are at risk of being trafficked for unskilled
work, which globally generates $31bn according to the International Labor Organization.
Forms of forced labor can include domestic servitude; agricultural labor; sweatshop
factory labor; janitorial, food service and other service industry labor; and begging.
SEX TRAFFICKING
Sex trafficking victims are generally found in dire circumstances and easily targeted by
traffickers. Individuals, circumstances, and situations vulnerable to traffickers include
homeless individuals, runaway teens, displaced homemakers, refugees, and drug addicts.
While it may seem like trafficked people are the most vulnerable and powerless
minorities in a region, victims are consistently exploited from any ethnic and social
background.
Traffickers, also known as pimps or madams, exploit vulnerabilities and lack of
opportunities, while offering promises of marriage, employment, education, and/or an
overall better life. However, in the end, traffickers force the victims to become prostitutes
or work in the sex industry. Various work in the sex industry includes prostitution,
dancing in strip clubs, performing in pornographic films and pornography, and other
forms of involuntary servitude.
.
CHILD LABOR
Child labor is a form of work that is likely to be hazardous to the health and/or physical,
mental, spiritual, moral or social development of children and can interfere with their
education. The International Labor Organization estimates worldwide that there are 246
million exploited children aged between 5 and 17 involved in debt bondage, forced
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recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the
illegal arms trade and other illicit activities around the world.
TRAFFICKING OF CHILDREN
Trafficking of children is the recruitment, transportation, transfer, harboring, or receipt of
children for the purpose of exploitation.
Trafficking and commercial sexual exploitation of children can take many forms and
include forcing a child into prostitution or other forms of sexual activity or child
pornography. Child exploitation can also include forced labour or services, slavery or
practices similar to slavery, servitude, the removal of organs, illicit international
adoption, trafficking for early marriage, recruitment as child soldiers, for use in begging
or as athletes (such as child camel jockeys or football players), or for recruitment for
cults.
Trafficking in children often involves exploitation of the parents' extreme poverty.
Parents may sell children to traffickers in order to pay off debts or gain income, or they
may be deceived concerning the prospects of training and a better life for their children.
They may sell their children for labor, sex trafficking, or illegal adoptions.
.Thousands of children from Asia, Africa, and South America are sold into the global sex
trade every year. Often they are kidnapped or orphaned, and sometimes they are actually
sold by their own families.In the U.S. Department of Justice 07-08 study, more than 30
percent of the total number of trafficking cases for that year were children coerced into
the sex industry.
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scattered throughout the entire length of the country. In the Eastern part of India
especially among those States having its border with Nepal and Bangladesh, the crime of
human trafficking is very much rampant. Innocent victims from the other side of the
border is tempted by miscreants by luring them into good jobs marriage or through
numerous other ways and once they are in their grasp these victims are taken to different
places in the country or even outside and exploited.
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Article 15(3):
Art 15 clause 3 of Indian constitution provides that “nothing in this article, i.e., shall
prohibit the state to make any special provision for the children’s and the women of the
state for their welfare.
Article 39(e):
Directs that “the health and strength of women and the tender age of children shall not be
abused and citizens shall not be forced by economic necessity to enter into avocations
unsuited to their age or strength.
Article 39(f):
Directs that children should be given opportunities and facilities to develop in a healthy
manner and condition of dignity so childhood and youth are protected against
exploitation and against moral and material abandonment .
The Supreme Court in Vishal Jeet Vs Union of India case directed the Central and State
Governments to set up Advisory Committees to make suggestions for the social welfare
programmers to be implemented for the care, protection, treatment, development, and
rehabilitation of young fallen victims the children and girls rescued either from brothel
houses of from vices of prostitution. Of course, it is not enough if a few detention hoes or
rehabilitation centers are established. Those homes should provide them with proper
medical aid, shelter, education and training.
GENERAL PROVISION:
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Important Provisions of Indian Penal Code on Human Trafficking
Sections Offence Punishment
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to grievous hurt, slavery, liable to fine
etc
• The Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA)
This Act was enacted under Article 35 of the Constitution with the object of inhibiting
and abolishing trafficking in women and girls. It was also in pursuance of the UN’s
Trafficking Convention, which India signed on 9 May 1950. The Act aimed to rescue
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exploited women and girls, to prevent the deterioration of public morals and stamp out
the evil of prostitution that was rampant in various parts of the country.
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This act puts a restriction on the publishing or sending by post of books and pamphlets
containing indecent representation of women and prohibits all persons from getting
involved directly or indirectly in the publication or exhibition of any advertisement
containing indecent representations of women in any form.
REHABILITATION
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1. Setting up of Protective and Rehabilitative (P&R) Homes—The P&R Homes
would be set-up by the NGOs and managed as per the minimum standards established by
the Ministry from time to time.
2.Basic amenities—To provide basic amenities such as bed, and bed linen, clothes,
soap, toothpaste, toothbrush, towel, foot wear, under garments and other items of
personal use
3.Medical Care—This Scheme would provide Doctor’s fee, (as far as possible the
services of the government run hospitals will be utilized) cost of medicines,
hospitalization, appropriate linkages to de-addiction centres, special medical needs of
mentally and physically challenged victims. In case of HIV+ve survivors of trafficking
appropriate anti-retroviral treatment to be made available through NACO.
6.Education— As a large proportion of the rescued victims are children, they will need
to be inducted into the formal or open school system, for which some expenditure on
text-books, notebooks, stationary, school uniform and other incidental expenses may
have to be incurred.
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undertaken and convergence and networking with ITI and polytechnic courses, as well as
micro credit facilities will be encouraged. Some expenditure will be involved for support
services like fees, material etc.
CONCLUSION
Poverty is a crucial contributing factor for the rise in human trafficking in India. At the
heart of the problem also lies underdevelopment and unemployment. It needs no
reiteration that a vast majority of trafficked women are from poor, landless families or
belong to dalit, adivasi and low caste communities. Girls from tribal areas and poor
villages are most vulnerable to trafficking in sex trade as the need for money is high for
their parents. This motivates them to sell their children for paltry sums without even
caring for their security. There is also a strong connection between the problem of
trafficking and the girl child who faces the higher risk of being sold at birth, living as we
are in a gender biased society. For example, 40% of the children trafficked in India are
from within the country while 60% are from other countries. This is precisely the case
with Mandala, Sidhi, Reva,Katni and other tribal majority areas of Madhya Pradesh
where the number of cases pertaining to missing girls is on a high. Though they are lured
by lucrative job offers and promises of a better life, the unfortunate reality is that they
land in metros like Mumbai and Delhi for being pushed into the sex trade. In some
places, socio-cultural practices also motivate women, girls and minors into such shameful
acts. For instance, the Northern districts of Karnataka such as Bijapur and Shimoga
encourage prostitution in the garb of religion by offering minor girls to gods and
godesses. Karnataka, Madhya Pradesh, Maharashtra, Tamil Nadu and UP are the high
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supply zones for women in prostitution. Bangalore is one of the five major cities in India
which together account for 80% of child prostitution in the country.
Despite the magnitude of the problem of human trafficking, India has failed to show
evidence of increasing efforts to tackle the menace. Though the government boasts of
working for the uplift of these tribes and under privileged people, it has not strucked at
the root cause of trafficking as the much touted development schemes are not reaching
the poor and backward classes. Most states in the country are still not combating the
crime as a priority. Though the government feels that efforts are being made to check
human trafficking, many problems like lack of punishment of traffickers and low
conviction rates seriously impede India's ability to effectively combat this problem. Also,
some of these criminals have political connections. The complicity of some law
enforcement agents with the Mafia who control the sex industry makes it difficult to
apprehend such criminals.
Notwithstanding the fact that Indian constitution prohibits human trafficking and
successive governments have formulated enough laws to check the problem, we lack the
will to enforce them. Consequently, these laws have failed to act as a deterrent for those
involved in trafficking. They know that even if they are caught in the dragnet, they can
escape easily as prosecution will take years. Besides, efforts to protect the victims of
trafficking are inadequate and there is no agenda for their rehabilitation. The law cannot
address all of these. The society also cannot remain callously indifferent to a problem that
should worry us all. It also needs to contribute its mite to ensure that such activities do
not blossom and the trafficking crisis is averted.
BIBLIOGRAPHY
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BOOKS:
WEBSITES NAME:
1. http://www.igidr.ac.in/~susant/DERBOOK/PAPERS
2. http://www.iief.com/Research
3. http://www.nseindia.com/content/ncfm/ncfm_modules.htm#REFH9.6
4. http://en.wikipedia.org/wiki/Human_trafficking
5. http://www.nhrc.nic.in.doc
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