Trafficking means a trade which is illegal. Human trafficking is carrying out a trade on humans.. Trafficking in women and children is something which is the most detestable violation of human rights and is considered as heinous towards the life of people. A lot of crimes are taking place but trading in human misery is ghastly in respect of other crimes taking place. Human trafficking is a complex process during which the victims pass through a number of different stages (recruitment, transportation, exploitation, and disposal) possibly in different countries. Trafficking is the violation of human rights which keeps the persons at an edge of danger or at risk of being exploited. Restriction from movement, deprivation of security and self-preservation, deprivation of healthcare facilities, education and banning social restriction, all these come under the human rights violation.
Human trafficking across the world is mainly done for sexual exploitation where women and children turn as victims to it. Human trafficking is done for a number of purposes.
So we can say that Human Trafficking is the acquisition of people by fraud, deception or sham with the aim of exploiting them. Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs. Human Trafficking is a momentous violation of human rights where every year thousands of men, women, and children fall into the hands of traffickers and are exploited for the rest of their life.
Types Of Human Trafficking :
Forms or Types of Human trafficking can be for-
- Sexual exploitation
- Bonded Labour
- Domestic servitude
- Drug peddling/smuggling
- Forced marriage
- Forced criminality
- Child soldiers
- Organ harvesting
Reasons For Human Trafficking :
There are many reasons for human trafficking. They are determined by political, economic and cultural factors. Trafficking in persons is according to the doctrine of supply and demand. Firstly, there are certain factors in the country such as need of employment, poverty, social conditions, instances of armed or war conflicts lack of political and economic stability, lack of proper access to education and information etc. Secondly, in developed and wealthy countries there is demand for inexpensive products, cheap labour and low priced services.
The organized crime groups have found an opportunity for making huge profits by connecting the supply and demand that by clubbing the first and the second instances. These reasons lead to increased migration but a condition of restricted migration due to numerous policies of the State. People use smuggling channels for human trafficking exposing themselves to exploitation, deceit, violence and abuse.
Consequences Of Human Trafficking :
It exploits either through sexual, prostitution, forced or bonded labor, human organs in their own country or international borders. The fundamental pretext made by traffickers to the victims is that they would be provided with education, good clothes and better living conditions which proves to be a bait for the folks and they get duped by the traffickers, But in reality victims, in the process of trafficking in persons are abused and exploited in certain conditions which may result in short term and long term minor and severe psychological and physical attacks, diseases especially sexually transmitted diseases or HIV viruses. This condition can even lead to the permanent disability and death.
The crime is carried out through a long chain all around the world, furthermore, communication and transport system of the dealers is so pungent that hardly any authority comes to know about this and at today’s point of time it has turned out to be a business for traffickers.
The direct consequences of human trafficking are aggression, depression, disorientation, alienation and difficulties in concentration. Many studies have shown that injuries and traumas acquired during the process of trafficking can last for a long period even after the person has become free from exploitation and this mainly occurs when the victim is not given with proper care and counsel.
Even the rehabilitation process for the victims cannot be guaranteed for a certain result. Although the victims are brought out from the physical problems, the trauma and the psychological problems does not allow the victim to totally recover from the consequences. Some of the victims find it difficult to adapt to the normal lives that they previously carried out.
The sad part about the victims of human trafficking is that the rights of the victims are violated even after they come out from the status of exploitation. In many cases they face re-victimization. In many of the countries the protection provided to the trafficked persons is directly conditioned by their willingness to cooperate with the competent authorities. But these conditional protection is contrary to the full access and protection of human rights and the use of trafficked persons as an instrument in the criminal proceedings are not allowed.
Initiatives taken To Prevent Human Trafficking in India :
Human trafficking can be prevented by several types of intervention. It needs to focus on areas of sensitization and awareness in public and with those vulnerable areas which are responsible for creating such an environment for human trafficking.
To prevent Human Trafficking in our society various types of steps , legislative measures, awareness programmes are taken :
Roles of State –
A compulsory high-quality education, income generation and employment opportunities should be created.
- Promote high-quality programmes for teachers in government schools.
- A preventive measure by different nations should be shared among each other to help both the countries in preventing trafficking.
The community should keep a vigilant watch on the movement of child victims of the area of traffickers.They should educate and ensure to make parents are aware about the safe migration practice.
Media has a very important role due to major viewership.
- Transmitting the appropriate message to the victim to ensure that they have a backup and are not alone.
- A programme to make citizens aware of places and institutions to seek help in case if they are victimised.
- Educate and spread awareness that human trafficking is illegal and inappropriate and that it has negative consequences.
Legal Frameworks To Counter Human Trafficking In India –
- Indian Penal Code 1860:
Interestingly the Indian Penal Code which came into existence in 1860 addresses the problem of human trafficking in human beings. It is addressed in Section 370 and 370 A of the Indian Penal Code. It prohibited trafficking of women and girls and prescribed ruthless punishments for the criminals. It lays down that anyone who buys or sells the person under the age of 18 years for the purpose of prostitution and for sexual exploitation and for other immoral purposes shall be liable to imprisonment for up to 10 years and also be liable to fine.
It also recognizes cross border trafficking into prostitution and whoever imports into India from any country outside India any girl under the age of twenty one years with the intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
- Constitution of India, 1949 :
The Indian Constitution of India prohibits trafficking in persons and guarantees many of the internationally acknowledged various human rights norms such as the right to life and personal liberty, the right to equality, right to freedom, the right to constitutional remedies. The right to be free from exploitation is also assured as one of the fundamental rights of any person living in India.
- The Juvenile Justice (Care and Protection of Children) Act, 2000 :
According to this Act there is no difference between a minor and a child. All the persons under the age of eighteen years are considered children. A child who is a child in need of care and protection (National Legal Research Desk 2016).
- The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Many victims of trafficking belong to marginalized groups. Traffickers target only such area which is backward in social and literacy sense. This gives an additional tool to safeguard women and young girls belonging to scheduled Caste and scheduled Tribes and also to create a greater burden on the trafficker or offender to prove his lack of connivance in the matter.
If the offender has the knowledge that victim belongs to these communities then this act can be effectively used to counter the offence of trafficking. Section 3 of this act deals with atrocities committed against people belonging to Scheduled Caste and Scheduled Tribes. It covers some forms of trafficking such as forced or bonded labors and sexual exploitation of women. A minimum punishment of ix months is provided which may extend to five years if the offence is covered under section 3.
- Immoral Traffic Prevention Act 1986 :
The government of India ratified the International Convention for the Suppression of Immoral Traffic in persons and the exploitation of the Prostitution of others in 1950. As a consequence of this ratification of the convention the Government of India passed the Suppression of Immoral Traffic in Women and Girls Act (SITA) in the year 1956. In the year 1986 the act was further amended and changed which was known as the Immoral Traffic Prevention Act, 1986 (PITA).
Therefore, let us conclude that trafficking is a social evil prevailing globally violates Human Rights by the violation of the fundamental rights of the citizen i.e. Article 14 (Right to equality) and Article 21 (protection of life and personal liberty). Over the years, many NGOs, and government parties and institutions have made a lot of effort in combating Human and Bride Trafficking by analyzing and identifying the spheres of the problem and causing the root of that problem.
Trafficking in almost all the countries spreads at a rapid pace which severely affects the other sectors of the economy and accumulates a large sum up amount as these crime industries attract a lot of profit with minimal risk and also involve a major portion of the population in this crime industry. If trafficking issues will not be solved then it will soon destroy the whole of the economy by leading to gender ratio problems, a lot of sexual diseases in women and girl children and this mental and physical disorder leads to the heavy expenditure of treatment and also for the protection of victims.
The vulnerable sections of the society must be protected by the Government so that they don’t fall as victims to human trafficking. The victims of the human trafficking are only the persons from below poverty line so the offence of human trafficking can be greatly prevented if the Government helps the poor sections of the society and provides them with adequate education and employment
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