A CRITICAL ANALYSIS OF THE ISSUE OF HUMAN TRAFFICKING IN INDIA BY - ANKIT BHARTI
A CRITICAL ANALYSIS OF THE ISSUE OF
HUMAN TRAFFICKING IN INDIA
AUTHORED BY - ANKIT BHARTI[1]
ABSTRACT
From the
very first inspection, from the knowledgeable aspect that trafficking of humans
is done by inhumanly character humans, or a society, association, or a generation
or the communities, it has always been the rough standard of the world of
crimes. Human trafficking, is the concept of movement of the victims from their
freedom to unusual acts done to them, or usage of them. Every generation is
defining what they are capable of , not only in good theme, but also in the
theme of criminal acts and the thing that is commonly observed in this
particular phenomena is that in the need of something, a person also get trapped
in trafficking of a person. From the perspective of Indian nation, how
everything about this is recognized and what gap should be filled in order to
terminate this crime is the relevant step to fight against this. From the
ancient to the modern era, peeping through a lens of shadow of terrible
outcomes, people are trafficked, and that seems unthoughtful for any family,
and to a bigger frame for the country. In the previous arena of British
colonies, or older Mughal rule , to present democratic front , trafficking is
done, and it may get resolve in future but what will be the measures to judge
this perspective. So to find , what can be the thought for the improvement to present
unhealthy, bringing of the phenomena of human trafficking in India, and being
able to give a solution that what can be done to help , save, control the issue
inside India of human trafficking. Why there is a need felt to discuss this, in
this type of framed topic, this means that there is a need for that, it is not
a circumstantial issue, there is a need for improvement, so here it is written,
in this frame of words to give more to the issue across India. This research
has been majorly conceptualized through the doctrinal research method. May be
this research will make a helpful impact, or may be of no use, but this will be
in force of natures, may be in typed sheet, or in a formatted data. The
findings, that whatever will be tried to find out the analystic approach to
trafficking of humans inside India, to fulfill many or a one but major gap not
seen.
KEYWORDS - INDIAN PENAL CODE 1860,
THE CONSTITUTION OF INDIA, THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956.
INTRODUCTION
Human beings have categorically high
lightened themselves in the realm of successful ruler among all types of
species exist. To be astonishing and qualified in all fields, the transverse
nature of humans have done all the things that are also termed as crimes.
So what is in course of action is the
defined arena of success in the matter of immense co relation with each other.
The humans in this world, unlike
animals are transferred from their freedom by the humans for the greed purpose
majorly as for money.
The humans impact of doing such type
of thing is prohibited by law, law of the humans, and law of the nature also.
Everyone has the right to live free from any form of dependence.
In Indian context, year to year the
data said about there is immoral trafficking, and there are rules, framework,
laws and judgements.
Some says that trafficking is a
bigger scope of kidnapping in wider sense or two different set of same major concern
of loss of freedom.
Many times things are in the hand and
many times things are in the eyes of law.
In the eyes of law, the nature is
justified, with a terminology, that there is a ban of any type of trafficking
of humans for any reason.
The effect of removal of any member
from a family always cause hardship and the time like covid-19 already have
caused so much harm after the delta wave high disturbance in India, that now
death is equal a person lost or trafficked.
Person whose family member got trafficked,
knows a different level of pain, which can be understood only by those who have
gone through that pain. In the influence of pain, only the disturbed nature is
seen by the level of thinking about that how the people are going through is
the major concept mentioned here.
The triggering point of any issue
lies in the focus diverted towards the things other than the one which demands
the thing to be happened.
This is not a new thing to be seen as
a major problem, but this is a serious problem for all those who can be trapped
in this easily. Many persons under this phase, even does not knows that what
has been tolerated and what has been diminished.
Focusing on the welfare, the rights
are always important, and are in the classic point to be learnt from the
philosophical and the psychological dilemmas of the trafficking channelized
history and the present.
This research will highlight the
issue in the best possible side from the writer, so that the problem should be
addressed accordingly.
Many times the goal are classified
and many times the goal are justified, so the dignity is upon the fact that
which chosen path is going to create an impact.
HISTORY TO PRESENT UPBRINGING
Focusing from the British era is a
non corruptive approach which looks classified to discuss this further.
Britishers have define human
trafficking as abduction and transportation of women for prostitution.
This is the image of the India’s slavery
period in the language of britishers and this type of unjustified relative
imagination, disregards the concern and the main rights of consenting adult sex
workers.
Sex workers, if look from a deeper
analysis, no person wants that their generation shall involve in this culture.
But they are, so this is the slavery
of some other person which can be justified in a crucial element of history to
patterns.
In the British era, due to diseases
like syphilis in British soldiers, the British administrators also enacted acts
and regulate the area for commercialized sex, of course for British soldiers. This
was the humanity exited in their mind, but only for their people, not for those
who were Indians.
In 1920’s and 1930’s, The Suppression of Immoral Traffic
Acts (SITA) was introduced to control this which was later reintroduced after
India’s independence, and later replaced by the Immoral Traffic (Prevention)
Act, 1986 (ITPA)[2] .
So basically focusing on the
preventive step to control, is mentioned in the act, but why they are on the
grassroot level and are not been functioning. When something is challenged in
the court, the decision, or a legislation is made, this is the true fact, no
one stood for this fact until and unless these activities knocks their house.
Benefit for one and disturbance of
others is always seen an impact of corrupted declination of faith towards
humanity and it is not the government part, it is from the part of country’s
people.
Many times someone lies on a road,
due to an accident, no one try to touch in first instant, because of the scene
of involvement on the crime scene, not wanting to go to courts to testify, who
have done wrong.
The justification of this fact,
sometimes given by the some people who are not educated, because they thinks of
humanity first, may be later about what will happen and this a core concept
that education also tells that we should not remove the hand of humanity on the
other’s back.
The suspicion nature of individual
always causes dilemma of objectiveness and unclassified justification on the
part of suspicion.
Bringing humanity is the channelized
dilemma of any research, because there is hope, and hope is the best think to
consider blindly.
Blindly making others responsible
sometimes saves the dignity of a community.
AFTER INDEPENDENCE
Whatever be the cause, whatever be
the welfare, the independence of India have caused a tremendous change, in the
whole established procedures of britishers.
Some will inspire, some will aspire,
some are negligent and some are the torch bearers.
Nobody questions why India being a
huge populated country, can’t stand in comparison with Japan, united states of
America and China, in the medal tally of Olympics games. May be some are not
understanding this, may be some don’t want to understand this, but the best
part is no one catch the fire of thoughts that where are we wrong.
We also have resources, but than also
we lack discipline of highest approach, and a discipline of the arrangements of
distributing powers in the concept to, get a high standard theme in any
disciple. We are doing best but we lacks discipline, we see corruption, we see
people loosing big things by fighting on small things which sometimes not even
exist.
So same applies here, the corruption
is in every field, that’s why there are so much regulations for controlling
this, but every of any time, some flew away from the procedure.
The earn money is the cause for
freedom in minds in giving expressions also.
The truth about the trafficking lies
in these types of patterns only. Human
can do donation for the protection of a child, but can’t step forward to find
strategies against these types of heinous crime.
On the calculated dilemma, there is
also a major shift, when any child get lost, his parents try their best until
they find the child, even the state help them, but when they are not able to
find out the child, they undergo a deep sad feeling which is unbearable to a
young boy or to also a old man who have lived his life peacefully.
Many times, or we can say every time
when the offence is done, the offenders are catched, and they after police
remand, tells everything, and what is everything, that is for some money a
child is going to be used for the purpose of trafficking or any other issue that
means for humans, some humans are so much involved in the greed of money that
they don’t understand that what will be the consequence if seen through a
humanity filled eyes.
Trafficking of humans have caused a
disturbance in the eyes of humanity also in the all aspects of crime, if we say
that a baby is born after being nurtured in her mother’s womb, and after
delivery, someone takes her away, who can imagine, what loss has been felt by
that women.
This is the harsh truth that trafficking
girls by kidnapping and sending them to foreign countries that is shown on
movies may be a false scene but the question arises, why does the need arised
to show this in movies, it is there, and as it is wrong, morally, legally, and
in any terms it is wrong.
The beauty lies in the eyes of the looking
person, that means even an acid attack victim‘s lover if truly loves her, he
would take care afterwards also.
There are many approaches to classify
the necessary dilemmas of stopping trafficking but the best is harsh major act
and harsh major punishment that enables the wrongdoer to think, to not commit
the crime.
Section 370[3] of
Indian penal code is the major act that governs the trafficking principle in India,
the punishment, the definitions all are mentioned under this and it is the
helpful hand for the victims.
Any form of slavery is the first
principle underlying in trafficking, and it is the way of slavery in inhuman
nature that glorifies it in negative sense.
The basis of all this things implies
one common philosophy that there are laws and there are the law breakers, we
have to come forward to stop this, and how this can be done is the matter of
research. Whatever is mentioned here is for the balance in society and for the
welfare.
We, now in the artificial
intelligence, with the help of this, we can do many activities at a particular
time, but the thing is, we also have power, natural or under state obligation,
under those conditions also, we can motivate the persons, or the vulnerable
area people to how to be cautious at the time of terror. This is the first phase, if roots are strong,
then anything can be achieved, and the best part of this is that it is known to
the generations to go and may be to the generations to come and the present
generations for sure. But no one want to get their hand dirty. Everybody is following the philosophy that
wrong is done to wrong people or wrong done to right people is not going to
make their life unpleasant, and this is the beauty of selfish love.
Most of the person, belonging to
various community, knows freedom fighters, their struggles, their death for
nation but no one wants that their son or daughter became a revolutionary,
because they fear and the fear of love makes them to illustrate an image of
selfishness in these terms.
The principles of letting go of the
things, will one day make the things go away from close to infinite.
Aim and ambition is planned for lives,
as usual as finite, someone wants to be become doctor, someone wants to be a
philosopher, but there are conditions for the said align, that’s why the
channelization of the human consciousness is so much balanced and channelized
with this frame.
Another source for the controversy is
that we all know what prostitution is, we know how they get treated, we know in
which areas they do their work. But only few have guts to tell them to be sanitized,
to take proper measures, because as taken as an old tradition, it is not completely
banned in India, and trafficking is a major relative to prostitute.
Another significant attention towards
the basic force of nature towards the defined topic is that, this is an old
culture theme also, and it is in force in current generation also, no one has
channelized that in how much time it will be diminished. There are various
activities that are done, for their welfare, but the thing is that they are not
implemented forcefully.
Many human rights came and gone and
made significant changes but are unable to end this because this is very bigger
issue than the thinking used by the humans normally.
It requires a development of
philosophy to push out the roots of this tree.
And may be a day will come when all
will feel independent in every aspect of proper
prescribed disciplinary manner.
International framers have also
impacted this, The
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children[4] (also
referred to as the Trafficking Protocol or UN TIP Protocol) is a protocol to
the United Nations Convention Against Transnational Organized Crime. This is an
international resource that guides that how much it is in the course of
significant legislature, more implementation is needed. The focus that is
grasping for the toleration of the theme of the organized crimes has been
impliedly mentioned in this.
The Indian situation is a major
attaining country to the very fact that how we can learn from other countries
and can take advantage to remove this problem by using international framed
strategies.
This is the true dignified purpose
for a research to be concluded.
Other scenario for Indian strategy is
the step taken by government by signing memorandum of understanding with many
countries like UAE, Bangladesh, and Cambodia to prevent this heinous human
trafficking. This is a greater blessed philosophy that we are making situation
above the ground level to the upper level and the day will come, limit will be
the sky.
On the other hand, the ministry of
women and child development have channelized the bill for human trafficking
control, for strict measures, and it is saluting in nature.
The national crime records bureau[5]
have shown that there is a decline in 3 years for human trafficking in
2018,2019,2020. If it is seen through a data based approach, it is good for the
upcoming years, but the need is that it remains always in a high tide work
philosophy.
In the years to come, many things are
going to change, especially the visible nature towards a particular thing,
people have started assuming things from others point of view also. This is the
regard and this is the path to be followed, and in the interesting channels of
history patterns followed, a day will come when the issue of human trafficking
will be solved.
In future what is written, and in
present, what we are forgetting, and in the past, what is left is a situation
of channelizing faith and a possible emerging truth for the respective theme of
the information communicated.
Being conclusive to this factor
research should have a thoughtful impact.
CONLUSIVENESS
Being able to make others think that
there is a hardship for the writer to establish the impact that human
trafficking causes.
So the major route to success about
this is being cautious which is the ultimate solution and who are cautious
always get their work secure.
In the passage of time, whatever that
is learned from social media, television, books, listening about others view the
basic principle is that this type of work require steady and pleasing time.
And this is a failure in history that
this has been passed to future generation. and what will be in the present
time, will be the outcome for future, resembling through the framed objectives
and through the research goal is the sole dignified work for this topic.
In the essence of understanding the British
faith for their soldiers, and the principles of building a law for stoppage of
this crime is the true nature, and if there is a decline is shown then it is a
food for thought. High intelligency is required in this field for a described
platform of imaginations to fill the gap, because of which the todays
generation still faces this type of failure.
And under the conclusive dimension,
what has been treated, what has been judged, what has been tolerated, what has
been in corrupt nature, what has been a flow of thoughts, all requires hard
work.
In the domain of disturbance due to
trafficking, many lives are lost, many relations have been broken, many
thoughts are crushed, many times were perished, most of the intelligency was
unvalued, many criticism was justified, many irregular acts keep on regulating
and the best part, the relation such as between mother and son also got broken.
We living in this generation know
what to tolerate and what to not, so think about those who does not have that
type of choice available, and are daily living in an unhygienic condition.
That is also a psychological analysis
as well as an analysis of corruptive truth. We all know what is good and what
is bad , and even then the bad many
times possess the majority .These are the words to be understood from the point
of social- research analogy that what is to be ignited and what is to be crushed.
Living life, does not include that we live in the framework of a happy living,
this includes the framing of welfare of others also. To dream this portfolio is
the conclusive factor in the terminology many have channelized themselves, and
many are trying, but the need of the hour is a disciplinary framework which is
always missed by some criteria, or procedures.
And to the effect of a research, to
be understood by a citizen, and to give him an impact, or motivate him to find
the gaps is always the required obligation.
The things that changes with time,
sometimes changes the time, and the things that does not change with time, many
times loses their significance.
In the gratitude for all regarded phases,
discussed in this platform, heartiest admiration always goes to the makers or
providers of the platform to justify the statement by a researcher.
[1] A STUDENT OF LL.M (CRIMINAL LAW)
IN GALGOTIAS UNIVERSITY, GREATER NOIDA
[2] Human Trafficking
(mea.gov.in) (LAST MODIFIED ON 21-12-2023)
[3] IPC Section 370:
Trafficking Of Person (theindianconstitution.com) (LAST MODIFIED ON
21-12-2023)
[5] pib.gov.in/PressReleaseIframePage.aspx?PRID=1779262
(LAST MODIFIED ON 21-12-2023)