HUMAN TRAFFICKING by - Tanmay Neel Raj & Sukriti Mathur
Human Trafficking
Authored by
- Tanmay Neel Raj
Co- author -
Sukriti Mathur
Introduction
Human trafficking is a sore wound on
the modern civilization, an offence against humanity and justice. It is a
classified form of modern slavery and is now also a part of the organized
crime. It is not only inclusive of physical abuse but also leads to mental and
social prosecution. Today we have a pressing need to discuss this grievous
offence as according to National crime records bureau 2019 report 2260[1] cases of
human trafficking were reported and this number keeps on increasing with each
passing day encompassing in itself innocent lives, vulnerable due to societal
Malfunctioning.
In order to reduce human trafficking UN has listed a
few countries as tire 3 countries which are the worst hit by the menace of
human trafficking and require immediate attention for improving conditions.
Russia in order to expand its bilateral relations with North Korea has allowed
labor camp for workers within Russian borders, this activity has promoted human
trafficking and has thus pushed Russia along with China, Iran, Belarus,
Venezuela into the 3-tier list.
Causes and modes of human trafficking
In today's fast paced world there are innumerable
reasons and causes for human trafficking. Not only do they change from country
to country but also vary in intensity with a change in state and location.
Causes for human trafficking are influenced by social economic and cultural
factors.
One of the most dominant causes for human trafficking
is the urge of the poor and down trodden to migrate and improve their living
conditions. This desire to migrate is not only limited to the marginalized
section of society but also to individuals who immigrate to foreign countries
and to more prosperous societies. This migration is characterized by initial
corporation replaced by more repressive means when the person gets dependent on
the facilitator. There can be various reasons for migrations, major reasons
which promote this dominant reason are poverty, oppression, lack of human
rights, political instability.
Children and majorly females are more vulnerable to
human trafficking. Destabilization and displacement are seen as major reasons
which force vulnerable kids into the mud of human trafficking, some parents not
only for money but also, in the hope of a better and secured future of their
children sell their kids to these organizations dealing with human trafficking.
One of the most prominent social factors which aids
human trafficking is the male chauvinist society, the devaluation of women
combined with objectification of them and seeing them as property are all
characteristic features of a patriarchal society. This Low-key treatment and
lack of respect experienced by female members of the society often forces them
to be at the mercy of these traffickers. ill managed Borders, corrupt
governments, International organized criminal groups, lack of adequate legislations
and political will are some of the political reasons favoring human
trafficking. History also has not been so kind to these vulnerable section
racism and legacy of colonism, the one which favors slave trade is also a
support to this heinous crime of human trafficking.
Transporters usually use modes of addiction of drugs,
allurement of opportunity as ways of persuading people to get into this vicious
cycle. Bride trade, demand for cheap labor, need for sexual labor, lack of
education are other reasons which promote this practice of human trafficking in
the interiors of India. Many people join this industry as facilitators or
transporters, the main reason for which they join this industry is the huge
margin or the large profit offered by this work.
Analyzing northeast India
In India the worst affected states are the eight
sister States of North East, all these states are vulnerable because of their
geographical location. They are in a landlocked region sharing 98% of India's
border with Bangladesh, China Myanmar and Bhutan. The reason being lack of
opportunities of good education and employment alongside complex ethnic
conflicts have led to northeast becoming a source, transit and destination of
illegal trafficking.
These States do not have a conducive environment for
steady employment and social stability because of the economically weak
population, regular armed conflict and political movements for autonomy. These
reasons have made this region of the country unsuitable and unsafe for women
and children. Lack of education has led to lack of social awareness and
knowledge about the prevalent trends of human trafficking thus making the
people more susceptible to this inhuman trade.
Skewed sex ratio in states like Punjab and Haryana
provides incentive for flesh trade and this becomes a major reason for
kidnapping and trafficking of young girls as brides specially from Assam to
regions of West India. It is to overcome these practices that the compensation
scheme was launched by the Manipur government.
In the region we witness uneven development between
urban towns like Kohima & Dimapur and other far-flung districts. This
difference in the degree of urbanization has also created a new demand for home
help thus pushing the children from backward regions into child trafficking to
satisfy this newly created urban demand for help. Long drawn political
instability, ethnic difference, rural urban divide, lack of consciousness
dearth of unemployment and poverty make people vulnerable to false
opportunities, forcefully leading them into the viscous cycle of commercial sex
and trafficking
New trends can also be observed in this industry of
human trafficking, there is an expansion of network with development of new
routes. Often traders act as missionaries to get control of children using the
naivety of unaware parents, promising them quality education and a life full of
virtues.
This can be better understood by reference to the case
study of Grace Home. 8 Children from Nagaland were rescued from Grace home, a
human trafficking center in Jaipur Rajasthan. These children belong to remove
village area of Peren district. The minor girl among the children was rape and
molested. The children were never sent to school and work kept in unhygienic
places in starved conditions.
Government initiative to combat human
trafficking
Initiatives by
ministries
The Ministry of Home affairs has initiated anti
trafficking nodal centers in various States, the centers are effectively
working in the states like Assam, Maharashtra, Andhra Pradesh and many more
places. These centers have led to the formation of integrated anti human
trafficking units (IAHTU). These units are a unique structure to ensure
cooperation between various units of government in order to protect the
structure of human protection. These units act as a relay center between the
police department, development department and civil society. Composition of the
department comprises sensitive officers and NGOs. It is for the better
functioning of these departments that grants are provided for post rescue
cases, for electronics support in terms of computer systems and transportation
assistance by provision of vehicles.
3 IAHTUS have started functioning in Andhra Pradesh in
the regions of Eluru, Anantapur, Hyderabad. Units are also established in
regions of West Bengal with the main aim of creating a link between all the
state shareholders, conduct raid and rescue operations and for organizing
investigation on cross border crimes, not only this but the organization works
for creating awareness among the population by holding regular public meetings
and rallies. To understand the functioning, we can take the example of
Maharashtra IAHTU which recently caught hold of a Swiss couple in Mumbai for
child trafficking and child pornography for distribution on the internet.
The ministry of labor and employment has implemented
various legislation for reduction of human trafficking, they have implemented
the Child Labor (Prohibition and Regulation) Act,1986 which prohibits employment of children under the age of 14 in
hazardous activities. It is through this legislation that they aim at reducing
the number of children trapped in human trafficking as often children are
abducted for forceful employment in hazardous industry for example bangle
making industry, firecracker-based industry.
The ministry of women and child development has
initiated for protection of human trafficking victim’s various schemes,
ujjawala scheme is one of them which focuses on rehabilitation and
reintegration of victims who were employed in the inhuman activity of
commercial sex, swadhar and short stay home scheme is also an initiative by the
ministry to provide housing food and shelter facilities to the victims majorly
women and children.
legislative safeguards
against human trafficking
Bonded labor system (abolition) act, 1976 was enacted
for abolition of physical, mental and social exploitation of laborers and
protecting them from bonded labor. This practice is known by various names in
different regions of the country some of the prominent names it can be
recognized with our Adiyamar,
Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garry-galu, Hali, Hari, Harwai,
Holya, Jana, Jeetha, Kamiya, Khundit-Mundit, Kuthia, Lakhari, Munjhi, Mat,
Munish system, Nit-Majoor, Paleru, Padiyal, Pannayilal, Sagri, Sanji,Sanjawat,
Sewak, Sewakia, Seri, Vetti. This act also provides for a punishment ranging
from imprisonment up to 3 years to fine up to 2000 rupees for an act which can
be considered as bonded labor according to section 16 and 17 of this act.
Indecent representation of women (prohibition) Act, 1986
according to section 3 of this act nobody should publish any form of material
which promotes human trafficking of women as these terms are inclusive in the
definition of as given in the act the landmark judgement of State
of Bombay v. RMD chamarbaugwala[2]
the supreme court found that an illegal or indecent trade does not come within
the meaning of trade commerce or inter.
Human trafficking in India is also prohibited by the
means of the constitution. As the Indian constitution through fundamental
rights guarantees certain human rights and therefore leads to the protection of
people from the inhuman act of trafficking, article 21 of the Indian
constitution provides protection to life and personal liberty, article 23 of
the Indian constitution ensures prohibition of trafficking of human beings and
forced labor. It is by the interplay of both these rights that an individual is
protected from human trafficking and can seek remedies for its violation. The
Indian penal code provides protection from sexual exploitation under section
366a IPC, section 366 b, section 370a and section 374.
Section 366a IPC deals with inducement of a minor girl
under the age of 18 years for any kind of illicit intercourse, this section
makes this activity a punishable offense. Section 366 b of the IPC deals with
importing any girl under the age of 21 years only for the motive of illicit
intercourse with another person, the person who will be indulged in such an
activity will be punishable by this section. Section 370 of IPC gives the
definition of the offense of trafficking while section 374 deals with unlawful
compulsory labor which can also be of bonded labor. In the case of People's
union for democratic rights v. union of India[3]
the supreme court defined the meaning of force labor.
Juvenile Justice (Care and protection of child) Act
2000 is also a key legislation made for protection vulnerable kids, Karnataka
devadasi (Prohibition of dedication) Act, 1982 also protects any girl with or
without consent of the dedicated person engaging her in activities related to
illicit sexual exploitation. Goa children's act, 2003 is an act Solely dealing
with trafficking and sexual exploitation this act also includes in its ambit
sexual assault and takes into account managers and owners of these trafficking
gangs.
International
instruments
There are various kind of international instruments
having direct and indirect influence on the human trafficking protection
mechanism in India.
Some of the international instruments signed by India
are the international convention for the suppression of the traffic in person
and of the exploitation of the prostitution of others 1949, this convention was
signed by India on May 9 1950 it was in response to this convention that
various redressal mechanism, reintegration system was developed in India. The
convention on consent to marriage. The convention is based on article 16 of the
universal declaration of Human rights[4]
the convention reforms that consensual nature of marriage and requires the
parties to it established a minimum marriage age by law and to ensure the
registration of marriage. This convention was enforced with effect from 9th
December 1964. Instruments Pertaining to Child Smuggling, Children are
frequently fooled, compelled to abandon their homes, traded, or pushed into
employment, such as convict leasing or sexual objectification, after which they
are put to work. Although there is a global risk of human trafficking for men,
women, and children, this risk is greatest for daughters. This agreement, which
was ratified in 1989, makes all forms of human trafficking illegal. According
to Article 39 of the treaty, nations must conduct all reasonable action to stop
child exploitation. The 1949 UN Convention to Combat Traffic in Persons and the
Subjugation of Prostitution of Others. It became effective on July 25, 1951.
The United Nations General Assembly did, however, ratify it in 1949. As per
Article 1 of the convention, stakeholders who approved it concurred to
prosecute anyone charged and convicted of: (1) Procuring, enticing, or leading
away other parties for the purpose of commercial sexual exploitation, even with
that partner's knowledge; (2) Exploiting the sex workers of another person,
even with that individual's consent.
The regional level also has protocol for prevention of
trafficking. The two instruments which India is a part of our SAARC convention
on prevention and combatting traffic in women and children for prostitution,
2002 and SAARC convention on regional arrangements for the promotion of child
welfare in South Asia 2002. Both these instruments aim at providing protection
to children and women from sexual harassment, and providing them with conducive
environment for their reintegration and development.
Judiciary has also played a key role in implementation
of these mechanisms within the country. The honorable Supreme Court in two of
its leading judgments held that even in the absence of domestic legislation if
a country is a part of an international treaty of convention the convention
would be applicable through the course discretion.
Landmark cases relating to human
trafficking
Vishal
Jeet v. Union of India[5]: The
above writ petition was filed as a public interest litigation under Article 32
of the constitution. The main concern was to safeguard victims of sexual
subjugation and help them find professional treatment, support, temporary
housing, professional training, and mentoring in range of disciplines of daily
existence so that they could choose a more respectable lifestyle.
Bandhua
Mukti Morcha v. Union of India[6]: This
decision was made in opposition to labor exploitation. The Judge Ruled the
authorities to compensate rehomed bonded workmen under the Bonded Labour System
(Abolition) Act of 1976. It was also deemed a profound abuse of human rights by
the court. The court stated that if bonded workers are not rehabilitated, their
situation will deteriorate far beyond what it was before the recovery process.
Gaurav
Jain v. Union of India[7]: The
panel was mandated by the Supreme Court to investigate child prostitution,
rescue efforts, and rehabilitation. Main goal is to arrest immoral traffickers
of women under the Immoral Traffic (Prevention) Act through inter-State or
Interpol arrangements and a nodal agency such as the CBI. In response to the
Supreme Court's order in the Gaurav Jain case, the Central Government
established a Committee on Prostitution, Child Prostitutes.
Budhadev Karmaskar v. State of W. B[8]: The establishment of a public
assistance panel and career training are both involved in this case. The
Supreme Court ruled that under Article 21 of the Indian constitution victims of
sexual assault also have a right to life. Their issues must be resolved,
according to the court. The administration was ordered by the court to
introduce activities and programs to give them skills courses for the
improvement of their capabilities.
Human
rights-based approach to combat
human trafficking
Human trafficking is both a cause and a consequence of
human right violation during the incidents of trafficking various kinds of
human rights are violated like right to life liberty and security derived not
to be submitted to sleep your syllabus or bonded labor the right not to be
subjugated or tortured the right to from gender violence the right to freedom
of movement the right to the highest attenable standard of physical and mental
health and many more.
These are some of the most basic rights for an individual's
existence in one development and progress to become the best version of once on
cell. It is with the violation of these basic rights that an individual is
exposed to violation not only on physical ground but also on the mental front.
When the survivors are free from the clutches of traffic, they still face
various kinds of problems like that of distrust in the system, trauma, language
or culture and barriers and lack of physical safety.
It is for these reasons that a human rights-based approach
be adopted to reintegrate the victims, for a human rights-based strategy to
succeed, inclusion, self-representation, and engagement of persons impacted by
trafficking are essential elements. The involvement of survivors should be proactive,
unrestricted, and significant so that they may express their opinions in
accordance with pertinent policies and practices. Numerous international
treaties acknowledge the significance of "rights holders'"
engagement.
Philosophical views
Various approaches are used to describe human
trafficking. Numerous psychological, social, and other underpinnings support
it. Mens rea and actus rea are both involved in this criminal behavior. It can
be found in many different forms and ways, such as involuntary beggars, sex
slaves, and debt bondage. Because of the mainstream press, it has now become a
common word. Emerging economies like India are one example. This is based on a
number of hypotheses.
A good explanation for human trafficking of women and
children is conflict theory. Two key strategies used in human trafficking to
manipulate the victim are fear and trauma. Being a victim of crime or a natural
disaster is the basis for this hypothesis. Another illustration of this is
poverty, where the majority of victims are from the nation's lower, more
populous areas. They lack access to essential services and learning. One of the
causes is the rise of the capitalist class, who are exclusively concerned with
boosting earnings. They seek out the impoverished to take advantage of the poor
and manipulate toward their own gain.
Observation and recommendation
The basic observations that can be derived
from this research is that the government initiatives have not been implemented
properly, especially with reference to the district child welfare committee, no
strong steps have been taken for the implementation of the assigned work. There
is an increase in the routes of trafficking and though this problem on its own
is severe, it is added on by lack of factual information as in almost all the
cases of the initial traffickers as they are the members of the community who
have the trust and faith of the family and due to poor administrative system,
no solid information is available about them.
In order to solve these problems certain
recommendations can be to strengthen the child welfare systems by the
government and to overcome the long pending dues in payment, dedicated offices
should be appointed and a recruitment of fixed staff should be done. Moreover,
sensitization programs in the village should be initiated, and a proper
documentation system should be developed for getting better information about
the local people who are in the expansion of the network of these trafficking
units.
Conclusion
Human trafficking is a
problem which is not easily understood by the society, though laws been made
extensively to cover the wide gamut of crimes which take place under the
umbrella word of human trafficking.
To fulfil simple human
needs of food, shelter and survival the victims of human trafficking become
easy prey to the vulturous eyes of the organised criminals who are ready to set
bait and set in motion a sinister system which leads to a lifetime misery for
the victims.
Today organisations
around the world are working tirelessly to bring relief to such victims and to
prevent innocent lives from being shattered from the ravages of human
trafficking. Vigilant enforcement agencies, supported with well-equipped and
stringent law-making machines are trying to bring cases of human trafficking
down to a minimum level, but the greed of few and the compulsions of others is
creating a challenge unfathomable to deal with.
Clear understanding and
deep awareness of the problem, along with micro management of loopholes with
continuous improvement at strategic level can generate confidence and
motivation in the community of warriors fighting this battle for humanity and
human dignity.
[1] National crime records bureau, Crimes in India ( Tuesday,
January 1, 2019) <https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/Table%2014.1_5.pdf>
accessed 16 July 2022
[2] 1957 AIR 699, 1957 SCR 874
[3] 1982 AIR 1473, 1983 SCR (1) 456
[5] 1990 AIR 1412, 1990 SCR (2) 861
[8] [2011] 10 S.C.R. 577