Author: Kiran Dhaiya
College:Lloyd Law College
Human Trafficking is the third largest crime after drugs and has become one of the prime concerns of the 21st century.Trafficking in persons is a serious crime and severe violation of human rights.Every other month ,thousands men,women,and children falls in the hands of traffickers.Human trafficking is as heinous crime which is not only restricted to India but is affected world wile.Children particularly females,orphans and women are the most prominent victims of human trafficking in the world.Globalization process has changed the functioning of the government and private sector further creating the gap between rich and poor people in the country .Human traffickers eagerly quest for the victims of affected areas like disaster,drought,slums,crowded places,slums etc. This paper analysis certain setbacks in the laws regarding the prevention of immoral trafficking in India,it also discusses the important questions like why trafficking occurs?Challenges and complex issues concerning human trafficking and also to find out desirable solutions to the problem.
Human trafficking means trade of human being for exploitation purposes including bonded and forced labour,commercial sexual exploitation and illegal organ trade.Trafficking of human is the third largest crime after drugs and arms trade across the world.More than 60% of human trafficking across the globe is for sexual exploitation.the bitter reality of human trafficking is one of misery and pain.easy targets of these crimes are young girls,women,men and children.The social structures in this country prevent the mobility towards upwards to the socially weaker sections.socially and economically backward people are the easy targets of these groups where this tendency of inequalities is being misused by them.Fundamental theory of demand and supply is crucial point raiser in this situation.To carry out the demand by diverse economically superior people all sorts of efforts are made by the suppliers which herein contains abduction of young girls,and women belonging to poor families are always an easy targets.
This paper analysis certain setbacks in the laws regarding the prevention of immoral trafficking in India,it also discusses the important questions like why trafficking occurs?Challenges and complex issues concerning human trafficking and also to find out desirable solutions to the problem.
Rationale Behind Human Trafficking
Human trafficking is aggravated form of violation of human rights.Every year,thousands of young women,men and children get plummet in the hands of traffickers,in their own country and abroad.Multiple reasons and circumstance that triggers the need for trafficking are tried to discuss in this paper.
Child trafficking for household help:The ongoing trend of abduction of children for the purpose of domestic labour has expanded the horizons for human trafficking.children's are trafficked from the state of Jharkhand,Assam,Madhiya Pradesh,Bihar and other places.Economically backward people are targeted by various illegal and fake agencies who fraud them into the avarice of jobs.Children have to work 10-14 hours daily without salaries and are subject to physical and sexual abuse.
Sexual Exploitation: This is no new notion that 60% of human trafficking is one done for the purpose of sexual exploitation.Commercial sexual exploitation is the biggest concern of the human trafficking.Increasing demand from the society has given fuel to the traffickers to commit such atrocity.West Bengal,Andhra Pradesh,Kartnatka,Assam,Orrisa are one of the prominent areas when it comes to sexual activities.commercial sexual activities are now not only restricted to red light areas the expansion of sexual activities business have now spread into different industries like clubs,massage parlors,spa,dance bars etc.
Forced marriage:Girls and women are not only trafficked for the sexual exploitation but also bought and sold in many regions of India.Economically upward people in Haryana,,Punjab are the most affected regions where the decreasing population of females in ratio to men are to be blamed.Young girls of economically and socially backward people are sold by their family for the sake of money.
Organ Trafficking: Victims of organ trafficking are primarily from the vulnerable groups abiding under conditions of extreme poverty.Poor vulnerable people sell their organ avarice of money or are tricks by the traffickers by coercion,fraud or abduction of children.Affluent people of the society are perpetrators of this crime, their indulgence and demand for the organs for their own selfish reason are the fuel to human trafficking.
Causes for trafficking
Poverty is a crucial contributing factor for the rise in human trafficking in India.Underdevelopment,unemployment are the core reasons foe the rise in trafficking cases over the past years.It need not no reiteration that enormous number of victims of human trafficking are from economically deprived people or socially backward people.Diversified reasons for the human trafficking are in listed below.
Economic Causes:loss of traditional sources of livelihood are the significant reason for the human trafficking.people from poorer society are easy targets for the traffickers.In the grab of jobs,employment,livelihood they are tricked and trafficked into trafficking.As globalization opened up diameters of import and export also expanded with the changing era leaving the migration workers at the risk.People from underdeveloped nation are trafficked in the developed nations for cheap or no wages at all.
Fundamental Theory of Demand:The most considerable theory and reason for trafficking is the increasing demand related to all preview of the human trafficking be it sexual exploitation ,bonded labour,organ trafficking all happens for the particular reason of demand.In our legal system we have laws for the people indulge in trafficking,who harbors the victim of trafficking but law is still silent from the aspect of the person who is receiving and indulging all these criminal activities.We need to penalize the people who make such demands.
Lack of Education:Lack of education can increase the risk of human trafficking.The opportunities to work at a living wages are decreased by ascending the factors of venerable.Inadequacy of basic knowledge about their rights leads them into a trap which leads them to exploitation.
Existing Legal Status in India
Immoral and illegal human trafficking of human beings,particularly in young women and children,has become a matter of solemn concern of the Indian government and also diverse agencies like United Nation.Despite some vagarious measures taken by the Indian government and numerous non profit organizations ,the trafficking rackets have become more organized and broadened.Today India multitude some of the biggest red-light areas of the world,in Delhi,Mumbai,Kolkata and many others.Sonagachi in Kolkata is the second largest red-light area.THE IMMORAL TRAFFIC SUPRESSION ACT 1956,according to which self involved prostitution was permitted but legally solicit or seducing in public or practice commercial sexual activities within 200 yard so of public area was restricted and illegal.women across India are either tricked or forced into prostitution by these traffickers in the garb of jobs,better opportunities or coerced into marriage.Trafficking does not only incorporate sexual commercial activities but also many other forms of trafficking about which awareness is indispensable.Child trafficking for the objective of beggaring,bonded labour in exchange of cheap or no wages,organ trafficking in children's,forced marriages all comes under the per view of human trafficking.
Constitution Safeguard and Human Trafficking
India in its constitution has directly and indirectly discussed the fundamental concepts of trafficking.Fundamental Rights in part III and Directive Principles of State Policy in part IV of the constitution.
Article 23 Fundamental right prohibiting in human beings and forms of forced labour.
Article 39(e) Directive principle of state policy directed at ensuring the health and strength of individuals.
Article 39(f) Directive principle of state policy providing protection to the children and youth against exploitation.
Criminal Law (amendment) Act 2013:Sec 370 of the Indian penal code has been amended with sec 370 and 370A IPC wherein it provides comprehensive measure to in tangle the traps of human trafficking by expanding the horizons and covering child trafficking in any aggravated form physical,sexual exploitation,slavery or removal of the organs .
The Trafficking of Persons(Prevention,Protection and Rehabilitation )Bill,2018:The bill has been passed by Lok Sabha and has been rejected in Rajya Sabha and now has been referred to the parliamentary committee for amendments.The Bill aims to provide prevention,rescue, and rehabilitation to the victims of human trafficking and is expected to bring some new changes to the current legal scenario of the country which lacks at direct legalization of all the ambit s of human trafficking.
It is well established fact that there is huge gap between enactment and enforcement of these laws.Proper act should be passed by the legislation now to suppress all the existing evils of the society and put a stoppage on exploitation of human being.Also better education and other facilities like employment ,awareness schemes at the panchayat level need to conducted with help of non profit organizations in collaboration with the government.Lack of education is the biggest fuels to the human trafficking ,government needs to take various measures to educate people of the nation compulsory education up to high school.Generation of employment and job opportunities by the government can fill huge gaps.Eradication of social backwardness among the citizens of this nation which also at upper level triggers the traffickers to indulge venerable people into trafficking.The new Bill which is still pending can give huge impact on recent scenario's and may also suede's crime rate.
A. www.humantrafficking.org:report of IOM on child trafficking.
B. www.humantraffickng.org:U.N report stating that 2.4 million human trafficking victims April04,2012
C. Article 23 constitution of India
D. Article 39) constitution of India
E. Article 39(f) constitution of India
F. P.C.Sinha (2003),India Human Right Regime: A comprehensive presentation,New Delhi Kanishka Publishers Distributors.
Academia.edu.in:articles on Human Trafficking.