Open Access Research Article
TRAFFICKING OF WOMEN AND CHILDREN IN INDIA: A SOCIOLEGAL PERSPECTIVE
Published Paper
Article Details
TRAFFICKING OF WOMEN AND CHILDREN
IN INDIA: A SOCIOLEGAL PERSPECTIVE
AUTHORED BY
- TRUPTI AGARKAR
Final Year
(X Sem)
Symbiosis
Law School, Nagpur
ABSTRACT
The complicated and widespread
problem of trafficking of women and children in India has significant
socio-legal ramifications. This socio-legal research explores the many facets
of this serious issue, offering insights on the interrelated causes of
trafficking, the efficacy of current legal systems, and the hardships of
sufferers in the Indian setting. Thousands of women and children are subjected
to abuse, exploitation, and deprived of their most fundamental liberties in the
shadowy world of human trafficking, which plagues India, a country lauded for
its linguistic richness and prosperity. The current research examines the
underlying factors that contribute to trafficking, such as hardship, prejudice
based on gender, illiteracy, and exclusion from society. It analyzes India's
legislative reaction, evaluating the benefits and drawbacks of combating
trafficking laws, enforcement initiatives, and victim assistance programs. The
report also emphasizes the significance of societal and cultural standards in
determining how legal rules are put into practice and emphasizes the necessity
for global collaboration to combat transnational illicit networks. This study
seeks to give voice to campaigning and based on proof policy suggestions
through a thorough analysis, eventually working to safeguard the liberties,
honor, and fate of women and children in India that are still at risk of abuse
and slavery.
CHAPTER I: INTRODUCTION
In India, trafficking of children as
well as that of women is persistent also is a highly unsettling phenomenon that
continues to have a detrimental impact on the socioeconomic makeup of our nation.
In our country, the gross violation of rights entitled to humans affects
millions of people, with marginalized individuals being particularly
vulnerable. Women and Children with limited resources and underprivileged caste
suffer greater risks.
Trafficking is characterized as the
forceful, deceitful, harboring of people among individuals with an aim to get
profit from their exploitation. Trafficking can happen for an array of motives,
including sexual abuse, criminal activity and forced labor. There is no more
terrible or detrimental sort of trafficking than others; they deteriorate the
health leaving bodily and psychological consequences. Human trafficking has
emerged as of the profitable categories of organized crime, alongside narcotics
and weapons. The frequency is incomprehensible and inconceivable; therefore,
this organized crime of trafficking has reached a terrifying scale. According
to the UNODC study, the majority of victims found worldwide were targeted for
sex trafficking, nevertheless this trend stands in non-uniformity through entirety
areas. Although illegal human trading intended for the labor exploitation is
the most typically discovered kind in sub-Saharan Africa, trafficking intended for
imposed labor as well as carnal abuse is remarkably more relevant in Central
and South Asia. As per the data from the National Crime Records Bureau, India
documented 5,264 number of cases pertaining to the trafficking of people in the
year 2018, wherein sixty four percent involved females and forty eight percent pertained
to children under the age of 18. Individuals hailing from economically
disadvantaged backgrounds and marginalized minority communities are more
susceptible to such forms of exploitation.[1]
The battle against trafficking has
yielded both gains and setbacks. Laws, such as the Bonded Labor System
(Abolition) Act,1976, in addition to Immoral Traffic (Prevention) Act,1956, lay
groundwork for dealing with the trafficking concerns, with an emphasis on
mitigation, assistance, treatment and penalty. Nevertheless, enforcing the
abovementioned regulations continues to be a challenging task, hampered by
concerns, including incompetence in government agencies, inadequate funding,
and illicit trade groups. Additionally, anti-trafficking campaign must
prioritize the recovery and socialization of the trafficked survivors. To
accomplish this, extensive assistance such as protective homes, psychotherapy,
and job assistance are required. However, the problem continues to provide a
significant obstacle that calls for ongoing observations, flexibility and
invention. Taking into account factors including statutory meaning of
trafficking, survivor assistance programs, this research will evaluate the pros
and cons of India Legal approach.
LITERATURE
REVIEW
1) Trafficking of women and children: A
culture of silence by Divya Malhotra[2] : This article talks about that even
if India’s law adequately address the issue of sexual abuse, since trafficking
necessitates for multifaceted actions, the state must employ diverse and
complex strategies to combat the groups that operate all over the world. In
order to make sure that traffickers cannot locate a haven for safety anywhere
in the country, sates and NGOs must cooperate. Without such well- organized
measures, trafficking of women and children cannot be reduced. However, many
opponents would contend that even society must fulfil its obligations by
becoming more aware of upholding sound laws. The notion of right to live with
dignity must be empathized and understood by all the society, not simply the
judicial and executive branches.
2)
Trafficking of Women
and Children: Vulnerability Compounded by Discrimination by A. Aruna Sri
Lakshmi[3]: This article talks about the
fragility of women and children is primarily viewed as objects of target for
exploitation. Discrimination towards them for various causes is a worsening
factor. The Indian Government has taken steps to combat the problem of human
trafficking by improving border security and assisting survivors with adequate
funds. In spite of the will to combat the situation, it is clearly evident they
lack the will. This is evident by the rise in crime rates associated with human
trafficking, lack of transparency in police investigations. This article talks
about the Trafficking of Persons (Prevention, Protection and Rehabilitation)
Bill,2018 to be passed as soon as possible. Once approved, the bill’s strict
requirement will make it possible to reduce the threat of human trafficking as
well as regionally based anti- trafficking teams to criminalize the several
kinds of trafficking.”
3) Analyzing the Root Causes of Child
Trafficking Using Supply and Demand Logic by Ruma Bordoloi and Manish Neog[4]: This article talks about how the
trafficking undermines initiatives to advance the gender equality and prevent
bias against women and children since it includes not just criminals but also
law enforcement officials and reinforces patriarchal ideas and behavior. One
approach to categorize the methods applied to eradicate child trafficking is as
follows: supply-side methods are employed in places where children are
employed, while demand-side methods are utilized in locations where trafficked
children are mistreated. To reduce the "demand" of trafficked
children, it is necessary to prosecute traffickers and their accomplices. It is
also necessary to make it illegal to pay for sexual activities from a
particular category of people, which is known as "exploiting the sex
industry of others," and to influence men and boys who do so through
non-punitive means.
HYPOTHESIS
If legislative regulations and
measures pertaining to trafficking of women and children are strengthened, then
instances of trafficking will decline.
RESEARCH
OBJECTIVES
1) To study
about socio-economic factors, increase the risk that women and children become
susceptible to trafficking.
2) To study about
institutional law enforcement agency corruption, affect the investigation of
traffickers, and what steps might be taken to lessen it.
3) To study
about the legal framework and statutes for combating and prosecuting the
exploitation of women and children, and, if there is any gap how it can be
addressed.
4) To study
about the international framework would have a significant influence on the
worldwide struggle against trafficking of women and children.
RESEARCH
QUESTIONS
1) How socio-economic factors increase
the risk that women and children become susceptible to trafficking?
2) How does institutional law
enforcement agency corruption affect the investigation of traffickers, and what
steps might be taken to lessen it?
3) What are the legal framework and
statutes for combating and prosecuting the exploitation of women and children,
and, if there is any gap how it can be addressed?
4) How would the international framework
have a significant influence on the worldwide struggle against the infamous trafficking
of children and women?
RESEARCH
METHODOLOGY
The qualitative research methodology
employed for this project encompasses a thorough examination of Indian law,
encompassing pertinent statutes, case law, and academic literature. The study
involves a comprehensive review of existing literature on the subject, coupled
with an in-depth analysis of case law related to the trafficking of women and
children in India. Data for this analysis is sourced from online legal
databases and other relevant platforms. Primary data for the doctrinal research
is drawn from legal databases such as SCC Online, Westlaw, and LexisNexis.
Simultaneously, secondary data includes academic literature and pertinent
government reports. The research methodology delves into a doctrinal analysis
of the legal framework addressing trafficking in India. This involves
scrutinizing relevant statutes, articles, case reports, case laws, and
scholarly works.
Ensuring the study's impartiality and
the representation of the current legal and regulatory framework in India is a
fundamental aspect of the research methodology. The researchers have conducted
an analytical and comparative examination of the contemporary status of
trafficking in children and women in India. The primary data utilized comprises
official documents, complemented by secondary data encompassing books,
articles, blogs, and similar sources.
.
CHAPTER II:
How socio-economic factors increase the risk that women and children become
susceptible to trafficking?
The Socio-economic factors like
illiteracy, poverty and unemployment add to the vulnerability of women and
children getting exposed to trafficking. Socioeconomic status significantly
influences vulnerability to human trafficking. Lower income, education, and
employment stability, increase the susceptibility to exploitation. Those from
disadvantaged backgrounds, including the homeless and individuals with mental
health issues or substance abuse history, are severe at risk. Poverty, lack of
education, and limited healthcare access make individuals susceptible to
traffickers promising better prospects.
Poverty and unemployment knowingly
manipulate human trafficking, often causing persons to direct to labour or sex
work to nourish their families, chiefly when scholastic prospects are
constrained. Poverty is a global issue with far-reaching effects on various
aspects of daily life, including healthcare, education, and economic
development. Traffickers frequently target impoverished communities, taking
advantage of people with limited financial resources by promising higher-paying
jobs abroad. The relationship between poverty and human trafficking is complex,
as poverty heightens vulnerability by making it difficult for individuals to
protect themselves or escape exploitative situations. Similarly, the lack of
access to education significantly contributes trafficking. Education typically
enhances employment prospects, enabling individuals to support themselves and
their families. Conversely, those without education due to financial
limitations may be forced into labour-intensive, low-paying jobs with no
benefits and dangerous working conditions. Limited education hinders
trafficking victims from finding better-paying jobs.
Women and girls are
disproportionately susceptible to trafficking, experiencing sexual abuse, and
forced labour. In many nations, gender inequality persists, limiting their
rights. If they seek to escape abusive situations, they often face obstacles in
accessing education and healthcare, hindering their ability to attain financial
independence or escape their abusers. Economic limitations can push women into
exploitative labour like domestic service or agricultural work, and traffickers
frequently target them for recruitment into trafficking networks. Just like
India, in many developing countries where human trafficking is prevalent, there
is a shortage of accessible healthcare facilities. This forces individuals with
illnesses or injuries to depend on local healthcare providers or hospitals, and
if they cannot afford treatment, traffickers may trap them in debt bondage to
cover medical expenses. Poor health, including physical disabilities, limiting
mobility and mental health issues hindering help-seeking, is associated with a
prominent threat of being smuggled for forced labour or carnal abuse.
Human trafficking thrives on a
lucrative yet low-risk paradigm, wherein traffickers anticipate substantial
financial gains with minimal apprehension of facing penalties or legal
repercussions. This criminal enterprise ranks as the 2nd highest
lucrative illicit business, surpassed of course only by the drug industry.
Unlike narcotics, which are typically sold and consumed only once, women and
children, or more specifically, people, can be exploited repeatedly, resulting
in low operational costs and exceptionally high profits. According to the ILO,
the yearly earnings generated from smuggling and forced labour of persons is
estimated at $150 billion[5].
The economic dynamics of the
interplay between the availability of victims (supply) and the demand for their
exploitation drive people trafficking. It is a basic principle that a surge in
demand drives a corresponding increase in supply. It points out that the rising
consumer demand for inexpensive goods leads corporations to seek cheap labour,
often resulting in the exploitation of workers at the lower end of the supply
chain. Additionally, there is a growing demand for commercial sex, particularly
involving minors, which prompts venues like strip clubs, pornographically and
prostitution hubs to hire thereby exploiting women and teenagers.
Furthermore, the general gaps and
disparities create certain groups additionally susceptible to taking advantage
of mercilessly. Elements such as bulk transposition along with excessive
shortage of funds, limited educational prospects followed by intensely poor job
openings further adding on to violence, detrimental communal customs such as
child marriages drive persons forward into human trading situations. Families
living in extreme poverty are prone to accept such unsafe and dangerous
employment propositions, and whilst young daughters are denied access when it
comes to education, their parents may be become more and more inclined to get
their daughters arranged married.
In summary, detrimental social norms
and systemic injustices play a crucial role in fuelling human trafficking, as
traffickers deliberately target vulnerable individuals living in scarcity,
working in desperation, lacking educational opportunities and genuine
employment, or seeking to escape violence.
To mitigate these vulnerabilities, it
is essential to prioritize poverty reduction, educational enhancement, and
employment prospects. Enhancing educational accessibility and fostering
economic empowerment enables individuals to acquire the expertise and
capabilities required for safeguarding themselves against exploitation.
Furthermore, increasing awareness about trafficking risks and delivering
assistance to victims can serve as preventive measures and provide support to
survivors. The socio-economic factors like literacy and targeted legal
interventions can reduce the risks and vulnerability involved with trafficking,
further mitigating the risk of exploitation.
CHAPTER III:
How does
institutional law enforcement agencies and corruption affect the investigation
of traffickers, and what steps might be taken to lessen it?
Institutional law enforcement
agencies like the NGOs, Corruption in organized law enforcement organizations
can have a substantial effect on the investigation of traffickers. Corruption
within the core law enforcement organizations hampers the prosecution of the
traffickers undermining the investigative processes. To combat this issue,
implementation of comprehensive anti-corruption measures within the system
would aid to a greater extent. There was a report written by the United Nations
Office on Drugs and Crime[6],
and according to this, corrupt and unethical conduct of the law enforcing
professionals could support the traffickers in recruiting, transporting, and
exploiting their victims. Corrupt criminal justice agencies may also hinder the
investigation and prosecution of cases, thereby preventing the ample security
of victims of the offense.
To moderate the impact of corruption
on trading of children and women, it is imperative to formulate and enact
anti-human trading policies and schemes that specifically target the
interconnectedness of corruption and persons being trafficked. The report
further advocates for the customization of anti-trafficking programs and
schemes as a means to effectively counter the problem of trafficking.
Furthermore, it being paramount importance to enhance the ethical standards
within law enforcement agencies through various measures, including the
enhancement of recruitment and training practices focusing on ethics and
cultural sensitivity, the establishment of data collection mechanisms to
monitor interactions such as traffic stops with the public, and the
implementation of appropriate investigative procedures. These investigative
procedures should be determined based on the nature of the corruption revealed,
and they can involve internal disciplinary actions within the organization or
external processes through regulatory or criminal avenues. Additionally, it
holds significance to gain insights into the legal, institutional, and
environmental elements that impact the examination and the legal pursuit of
human trafficking cases. A research article published in the Springer
publication highlights that comprehending these factors can contribute to the
formulation of efficacious strategies aimed at combating corruption in this
context[7].
Human trafficking is a lucrative but
low-risk criminal enterprise due to the substantial profits it offers compared
to the minimal risk of getting caught and prosecuted. Corruption, however,
plays a significant role in perpetuating this incentive. Factors contributing
to human trafficking include the allure of employment, attractive living conditions
because of a lot of money rolling in there, and demand for unskilled labour;
nonetheless to say that other factors like poverty, unemployment, war, and
political instability. These factors have intensified with globalization and
geopolitical changes, turning people into commodities.
Experts believe that corruption has
facilitated the rapid expansion of human trafficking in the era of
globalization. It protects traffickers from prosecution, aids the movement of
victims, disregards laws and judicial processes when trafficking is discovered,
and enables the concealment of trafficking profits. The lack of global
mechanisms against money laundering allows bribery and influence to move
illicit proceeds. Additionally, human trafficking networks often intersect with
those involved in the trade of drugs and arms.
In recent decades, there has been a
discernible association between the rise in human trafficking and the
proliferation of corruption within the public sector. Notably, nations that
exhibit low scores on the Corruption Perceptions Index as assessed by
Transparency International often emerge as significant origins of trafficked
individuals.[8] A robust
correlation exists between a nation's acceptance of human trafficking and the
extent of corruption within its public sector. Corruption even slightly
existing in human trafficking (which also involves trafficking of women and
children), involves various institutions and even extends to ministries,
legislatures, and law enforcement agencies. It can mutate into state capture,
with examples of police commissioners allegedly blocking trafficking
investigations in some cases.
Even countries known for low
corruption levels can be implicated, such as embassy staff issuing visas to
traffickers in exchange for payments. Governments may also contract third-party
vendors involved in trafficking. Corruption in these instances not only
involves financial losses but also undermines justice, human rights, and human
dignity.
The non-governmental organizations
(NGOs) have the potential to aid law enforcement agencies in scrutinizing and
pursuing legal actions against the said trafficking cases. This assistance may
encompass the provision of data and proof related to suspected trafficking
endeavours within the localities where they operate. Furthermore, these NGOs
may extend their support by offering legal aid to the victims i.e., women and
children involved. To mitigate the influence of corruption on human
trafficking, it is imperative to formulate and execute the strategies and procedures
aimed at anti-trafficking, that specifically acknowledge an association between
corruption and trafficking. These strategies and procedures must be tailored to
address the specific requirements and nuances of countering the trafficking
against children and women. Furthermore, law enforcing entities have capability
to employ digital technology for the interception of human trafficking
activities. Collaborative efforts between technologically adept law enforcement
organizations and non-governmental organizations (NGOs) can contribute greatly
in reduction of the incidence of human trafficking cases. This collaboration
aims to combat individuals who employ coercion or force to compel others into
involuntary labour and various other forms of exploitation[9].
Chapter IV:
Legal framework and statutes for combating and prosecuting the
exploitation of children and women, and if there is any gap how it can be addressed.
The legal regime of trafficking in
humans aims at reducing the problem.
·
The Immoral Traffic
(Prevention) Act,1956[10]
Immoral Traffic (Prevention) Act,
1956 law discusses trafficking related to prostitution, and not in relation to
other domains of trafficking such as domestic abuse, child labor. The aforesaid
act of the year 1956 deals with children below the age of 18. According to the
Act, child is anybody below the legal age of eighteen. The initial section of
the legislation delineates the unlawful character of trafficking and the
sanctions associated with managing a brothel or a comparable establishment, or
with deriving income from prostitution, such as in the case of a procurer. As
per Section 5 of the statute, in the event that an individual procures,
induces, or ensnares a minor with the intention of involving them in prostitution,
the minimum imprisonment term is set at seven years but may extend up to a life
sentence. If an individual is discovered in the company of a child, it is
construed that they had custody of the minor solely for the purpose of sexually
exploiting them. Consequently, the offender is subject to a minimum prison term
of seven years, with the potential for a life sentence, or a term of
imprisonment that may extend up to ten years. In addition, the perpetrator may
be liable to a maximum fine of one lakh rupees. In situations where a child is
detected within a brothel and subsequent investigation reveals evidence of
sexual abuse, it is presumed that the minor was confined there with the intent
of engaging in prostitution.[11] Anyone
found guilty of trafficking in public when a child is present faces a maximum
fine of Rs. 1 lakh, seven years in jail, or a period that may extend to 10
years. If child prostitution is carried out with the understanding of the owner
of a business, such as a hotel, the hotel's license will likely be revoked, and
imprisonment and/or penalties may also be imposed.[12]
There are instances where Apex Court
and High Court hearing matters with a view to enhance the administration and
numerous legal entities established under different statues. Additionally, they
continue to keep an eye on different programs for rehabilitating victims of
trafficking. The judiciary is judiciously exercising its powers to safeguard
fundamental rights, as evidenced by numerous judicial pronouncements. For instance,
in the case of Vishal Jeet vs The Union of India, the Supreme Court reached the
determination that, despite the existence of stringent and rehabilitative legal
provisions across various enactments, the desired outcomes have remained
elusive, particularly in the context of the escalating exploitation of young
women and children in trafficking activities. The Supreme Court mandated the
thorough examination into the roots and consequences of this as well as taking
logical steps to eradicate this problem by establishing advisory committees.
Similarly, in the case of Gaurav Jain
vs Union of India[13], the
Apex Court issued an order calling for, among other things, the formation of a
commission to conduct a thorough investigation into the issues relating to
prostitution to assist in the development of appropriate plans for their escape
and recovery. The Supreme Court noted that beyond the regulatory action that
seeks to apprehend women involved in illicit trafficking under the Immoral
Traffic (Prevention) Act through inter state set ups, it is essential to delve
into the realities on the ground in order to take stringent actions.
·
Indian Penal
Code,1860
When the constitutional framework of
India was enacted in 1950, it included several portions of the Indian Penal
Code, that had become not up to time in 1860. Surprisingly, the subject of
trafficking in humans was tackled in the Indian Penal Code, which specifically
barred slavery of women and girls in coerced servitude in India and provided
severe consequences for violators.[14] The
act clearly states that anybody who bought or trade a person who is not the
above of age 18 for the purpose of any sex activity or for illicit purpose can
get the imprisonment up to 10 years or fine.[15] The
IPC acknowledges overseas trafficking into any involvement of any sex activity
and stipulates that importing a girl below the age of twenty- one into India
from any other country with the expectation that she may be seduced to engage
in any sexual activity than that person is entitled to imprisonment up to 10
years or fine.[16] When
having sex with youngsters or minors, with or against their agreement, or with
women who are forced or threatened so as to them staying in brothels,
proprietors, employees, and patrons of brothels are directly subject to these
prohibitions.
·
The Constitution
of India, 1950
The Indian Constitution forbids human
trafficking and upholds many of the globally recognized fundamental universal
human rights principles[17],
including the right to live and individual liberty[18],
the right to equal treatment[19],
the right to freedom[20],
and the rights to legal recourse[21]. One
of the essential rights guaranteed to everyone in India is the right to be free
from exploitation[22].
Additionally, the Indian Constitution states that human trafficking should be
outlawed in all forms, and it stipulates that anybody who violates this
provision would be punished.[23]
·
“Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989,”
From the abovementioned legislative
framework, it is clearly evident that there are certain gaps which should be
addressed. Firstly, there is a need of one holistic legislation that covers all
forms of exploitation not keeping it to specific to handle one kind of
trafficking. Secondly, it is essential to make sure that legal structure gives survivors’
rights and interest keeping them as their priority. This includes survivor care
and protection which requires additional funding and consideration. Thirdly,
the trafficking is a worldwide problem it often calls for international
cooperation and coordination. Thoroughly combating nationwide trafficking
requires the creation of extensive legal agreements with neighboring nations.
CHAPTER V:
International framework would have a significant influence on
the worldwide struggle against trafficking of women and children.
The constitution, rules, agreements,
and ordinances represent national and international worries regarding
protecting women and children suffering severe abuses. According to Article 7
of the 1948 Universal Declaration of Human Rights[25],
"all have equal status before the law and are guaranteed the same
safeguards of the law without undue discrimination." It suggests that
neither of these terms seek to achieve what the Preamble of the Constitution
refers to as equality of status, which entails equal and full justice. A
crucial protocol is the mighty, Trafficking Protocol, better known as the UN
Protocol, to Avoid, Eliminate, in addition Penalizing Trafficking in Humans, especially
in those of Women and Children. Additionally recognized as the Palermo
Protocol. This document is an addendum to the UN Convention against
Transnational Organized Crime[26].The
UN General Assembly approved the agreement in the year 2000, and it became
operative on December 25,2003. According to the convention, states that have
ratified it are obligated to avoid or tackle human trafficking, safeguard and
assist survivors of trafficking, and foster interstate collaboration to achieve
these goals. It assumes that the victim of trafficking's consent is
unimportant.
As of September 2017, 171 parties had
approved it. The United Nations Office on Drugs and Crime (UNODC) is critical
to the protocol's implementation. It provides States with practical assistance
in writing legislation, developing thorough national anti-trafficking programs,
and aiding with funding for enforcing initiatives. This program was
well-received since it focused on a subject that is frequently ignored: the
mental health of children living in shelter families. Additionally, UNODC has
worked with one of its partners in the state of Andhra Pradesh to strengthen
victim/witness protection, with the goal of achieving the following results:
more traffickers will be convicted, more witnesses will appear in court, more
charge sheets will be filed, fewer cases of re-trafficking will occur, and
cases will be resolved quickly. Additionally, the NGO received help to teach
the judges to ensure quick case resolution, lowering the likelihood that
traffickers will escape punishment. Due to these measures, the state's
punishment rate for traffickers and brothel owners has increased.[27]
India ratified the SAARC Convention
(South Asian Association for Regional Cooperation)[28] on January 5, 2002. This global agreement
strives to avert and eradicate the smuggling of children and women. As it
acknowledges the necessity of global enforcement of authority and abduction
rules, it is crucial. Other legal documents, such as the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), were amended
to include the ban of forced labor and illicit sexual activity of women.
Countries are required to shield
youngsters from exploitation under the 1989 Convention on the Rights of the
Child, which states: "The States members are obligated to safeguard the
child from harm." States parties are required to implement all necessary
steps, in specifically, to avoid the force or promotion of children to partake
in any kind of sexual conduct, the exploitation of children for prostitution or
other illegal sexual activities, and the use of children in pornographic acts and
materials. According to Article 35 of the Convention on the Rights of the
Child, "States party must implement every necessary national, bilateral,
and multilateral measures to avert the kidnapping purchase or illicit trade in
children for any reason in any form." The International Labor Organization
Convention on the Worst Forms of Child Labor, 2000, significantly broadens the
restriction on child trafficking and exploitation.[29]
CONCLUSION
Despite advancements in a number of
related areas, the trafficking of women and children in India remains to be a
horrifying story that plagues the country. This socio-legal study uncovered the
intricate structure of reasons that go into this serious problem, from
ingrained poor and sex disparity to the lack of thorough laws and difficulties
with implementation. It is obvious that the societal fabric of India continues
to be marred by the continual assault on weak people, especially women and
children. The analysis highlights the requirement for coordinated and
comprehensive actions to prevent trafficking. Although India has passed
legislation that tackles some aspects of the issue, the legal system clearly
has holes that must be filled right now. These inadequacies are related to the
absence of a unified anti-trafficking statute, the inconsistent application of
current law among states, and the requirement for an expanded survivors’
strategy that places a premium on security, assistance, and recovery.
India must undertake laws that are
compliant with global standards, deal with the true roots of illicit trade,
boost security capabilities, and offer survivors comprehensive support if it is
to successfully fight this problem. In addition, cooperation with neighboring
nations is essential to combating transnational trafficking organizations.
This socio-legal study
reinforces the idea that battling traffickers in India requires tireless
dedication and a united front of state agencies, charities, members of the
public, and the outside world.
The most endangered elements of
society—women and children—deserve an existence without abuse and terror. This
is an appeal to act to safeguard their rights, honor, and potential. There is
optimism that a holistic, victim-centric, and unified strategy might finally
clear the path for an improved more just tomorrow of everyone in the midst of
this persistent crisis.
LIST OF REFERENCES
2. Hannah Gould, unicef USA, WHAT FUELS
HUMAN TRAFFICKING? (January 13, 2017) What Fuels Human Trafficking? |
UNICEF USA
4. Ambagtsheer, F. Understanding the
challenges to investigating and prosecuting organ trafficking: a comparative
analysis of two cases. Trends Organ Crim (2021). (03 June
2021). Understanding the challenges to
investigating and prosecuting organ trafficking: a comparative analysis of two
cases | Trends in Organized Crime (springer.com)
5. Maryse Tremblay and Camille Karbassi
(03/2011) Transparency International the global coalition against corruption,
Corruption and Human trafficking. Alt-Moabit 96 10559 Berlin Germany. Microsoft Word -
TI-Working_Paper_Human_Trafficking_28_Jun_2011_CM.doc (transparencycdn.org)
6. Matt
Parker and Mark Gambill, (Dec 28, 2021) How law enforcement can use digital technology to intercept
human trafficking. The role of digital intelligence in
human trafficking investigations (police1.com)
8. Gaurav Jain vs Union of India (1997) 8 SCC 114
11. Bill 89 The Trafficking of Persons
(Prevention, Protection and Rehabilitation) Bill, 2018 (prsindia.org)
13. United Nations Convention against
Transnational Organized Crime (unodc.org)
ARTICLES
1. Trafficking of women and children: A
culture of silence by Divya Malhotra - Malhotra D. (2005) Trafficking of Women
and Children: A Cultural of Silence
2. Trafficking of Women and Children:
Vulnerability Compounded by Discrimination by A. Aruna Sri Lakshmi - Lakshmi
Sri Aruna A. (2019) Trafficking of Women and Children: Vulnerability Compounded
by Discrimination.
3. Analyzing the Root Causes of Child
Trafficking Using Supply and Demand Logic by Ruma Bordoloi and Manish Neog -
Bordoloi R and Neog M. (2016-17) Analyzing the Root Causes of Child Trafficking
Using Supply and Demand Logic
CASES
1) Vishal Jeet
vs The Union of India
2) Gaurav Jain
vs Union of India (1997) 8 SCC 114
[1] Deepshikha Sharma, Infographic:
Human Trafficking In India (Jul 30,2020) https://feminisminindia.com/2020/07/30/infographic-human-trafficking-india/
[2] Malhotra D. (2005) Trafficking of
Women and Children: A Cultural of Silence
[3] Lakshmi Sri Aruna A. (2019) Trafficking
of Women and Children: Vulnerability Compounded by Discrimination
[4] Bordoloi R and Neog M. (2016-17) Analyzing
the Root Causes of Child Trafficking Using Supply and Demand Logic
[5] Hannah Gould, unicef USA, WHAT
FUELS HUMAN TRAFFICKING? (January 13, 2017) What Fuels Human Trafficking? |
UNICEF USA
[7] Ambagtsheer, F. Understanding the
challenges to investigating and prosecuting organ trafficking: a comparative
analysis of two cases. Trends Organ Crim (2021). (03 June
2021). Understanding the challenges to
investigating and prosecuting organ trafficking: a comparative analysis of two
cases | Trends in Organized Crime (springer.com)
[8] Maryse Tremblay and Camille
Karbassi (03/2011) Transparency International the global coalition against
corruption, Corruption and Human trafficking. Alt-Moabit 96 10559 Berlin
Germany. Microsoft Word - TI-Working_Paper_Human_Trafficking_28_Jun_2011_CM.doc
(transparencycdn.org)
[9] Matt
Parker and Mark Gambill, (Dec 28, 2021) How
law enforcement can use digital technology to intercept human trafficking. The role of digital intelligence in
human trafficking investigations (police1.com)
[11] Section 6, Immoral Traffic
(Prevention) Act,1957 Microsoft Word - A1956-104.docx
(indiacode.nic.in)
[12] Section 7, Immoral Traffic
(Prevention) Act,1957 Microsoft Word - A1956-104.docx
(indiacode.nic.in)
Article Information
TRAFFICKING OF WOMEN AND CHILDREN IN INDIA: A SOCIOLEGAL PERSPECTIVE
Authors: TRUPTI AGARKAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/31
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.