TRAFFICKING IN WOMEN AND CHILD

  

   Historical Perspective –

Trafficking as such is not a modern day development. It existed during ancient and medieval period across the earth. We have heard the name of Amrapali, a famous dancer in the Lichhavi republic in the erstwhile republics in ancient India. During Budha and Jain period, we came across the word Ganika. It refers to prostitute. Thus, there is sufficient evidence during this period, that the trafficking in one form or the other did exist. In Mauryan period also, we came across the word Ganika. In Ashokan edicts and inscriptions, we find references which suggest that the institution of prostitution existed. The sale and purchase of woman during medieval period was very common. With the advent of Mongols, Afghans, Turks and Moguls, the conditions of woman in many part of India further deteriorated. Women were looted and distributed like Booty after the war. Thus, this was a common phenomenon during the ancient and medieval times. In many parts of the world also, the trafficking in women was present in form and the other. We have many references of slave trade in many parts of the world.

• IN THE MODERN PERIOD-

In this period, the nature, magnitude, intensity and character of trafficking underwent radical change. According to one estimate, about 7 Laks women and children are trafficked across the world. Trafficking is now considered as the third largest sources of profit for organized crime, behind only drugs and weapons. According to one estimate, the trafficking business’s annual turnover is about 5 to 7 billion dollars. Former Soviet Union is now believed to the largest source of trafficking for prostitution in the world. In nutshell, we can say that there is no country in the world, where trafficking is not found. This is a problem that affects virtually every country in the world. Generally, the flow of trafficking is from less developed country to an industrialized country.

DEFINITION-

Conventionally speaking, the meaning of trafficking is the trading into something which should not be traded in. For example, human trafficking, drug trafficking and human trafficking etc. So far as the definition of Trafficking is concerned, it is set out in article 1 and 2 of the 1949 convention for the suppression on the traffic in persons and of exploitation of the prostitution. It refers to all acts involved in the transport, harboring, or sale of persons within nation or across International borders through coercion, force, kidnapping, deception or fraud for purpose of placing persons in situation of forced labor of services such as forces prostitution domestic servitude, debt bondage or other slavery like practices. In case of minor, the term trafficking connotes a different meaning. Here the children even taken voluntarily and putting in aforesaid servitude comes under the purview of trafficking. 

VICTIMS OF TRAFFICKING-

1. Women and children in general, because they are comparatively more marginalized.

2. Women and Child living in slums in urban areas or working in farm, pretty trading etc. low income is the most important cause for this.According to report of an NGO, Naujawan Bharat Sabha and Bigul Mazdoor Dasta, which is based on the information retrieved from the competent authority under RTI, 7912 children went missing between January, 2007 to June 2008, but police registered only 765 cases. The report further suggests that about 80% of the missing children belong to poor families.

3. Ethnic minorities, illegal migrants, hill tribes and refugees.

4. Women working away from home as domestic servant or otherwise.

5. Children working in hotels, dhabas, restaurants, and homes are easy prey to this trafficking.

6. In hope getting a better life and salary, women and especially young girls fall prey to touts and pimps. 

7. Liberalization, Privatization and Globalization also in away has aggravated this problem.

REASONS FOR TRAFFICING-

1. Poverty is the root cause of this problem. With the advent of globalization, the population tend to move more freely across the border both legally and illegally and falling prey to the greedy criminals of organized crime across the world. With the erosion of the concept of a welfare state, the subjects are now left at the mercy of the market forces.

2. Subordination of women in the society.

3. Other social evils like dowry which sometimes force the fathers to sell off their daughters.

4. Social recognition in which son is preferred to girl.

5. The high demand, worldwide, for trafficked women and children for sex tourism, sex workers, cheap sweatshop, labor and domestic workers.

6. Sex Tourism is a newer concept and is becoming one of the major causes of trafficking. Countries like Australia, Thailand, Hong Kong, Singapore, Malaysia etc. have become heaven of sex tourism. This is attracting hundreds of thousands of women sex workers. The international criminal gangs are operating and earning billions of dollars in this industry.

7. Inadequate and non-stringent laws. Generally laws are such in which prostitutes are punished and the perpetrators got escape free. Although trafficking in children is an offence i.e. sale of child is an offence but abduction of children for begging is still not an offence. For instance if at all it is established that children who are on the traffic signal are being forced by some gang, we can book them in beggary Act, but the traffickers go unscathed. In India the figures of lost children is increasing at an alarming rate, but unfortunately the laws are not being given more incisors in order to see that the trafficker are punished more stringently.For instance, Delhi do not have a law of its own regarding beggars.The National capital still invoke Bombay Prevention of Begging Act, 1959, which lacks teeth to deter the trffickers.

8. Inter-personal, intra and inter regional economic disparities have also added new dimension into it. Large-scale immigration in search of better life and bread, the illegal immigrants are easily made prey to the trafficking.

9. The Child trafficking in India has increased alarmingly due a number of reasons some unrelated to poverty. Luring towards a better life force the children to run from their homes and therefore this should be tackled in a social perspective. No law can prevent it. The breaking of family relations, alcohlism in parents, frequent querreling among them are major causes of this problem. It has been seen in recent times that children of economically better families have also left their homes under above mentioned circumstances. The ultra-nuclear family concept in which the grand parents have lost their space has left the children dependent either on electronic entertainments or on web friendship. Unfortunately both means lack ethos and morality. Both are market oriented and centered on profiteering. The scences of violence, sex, high profile page-3 life styles lure the children of immature and growing minds of the children who sometimes fled from their homes in a hope of getting these things and are trafficked.

ACCORDING TO SURVEY CONDUCTED BY AN NGO ON THE DIRECTION OF SUPREME COURT FOLLOWING MECHANISMS HAVE COME TO LIGHT-

MECHANISMS AND TECHNIQUES OF TRAFFICKING-

REASONS AND PERCENTAGE

BEFRIENDING 16.4

PROMISE OF JOB AND MONEY 52.4

PROMISE OF MARRIAGE 4.5

ADOPTION 0.2

BLACKMAIL 2.8

USE OF FORCE 11.6

PERSUADING HUSBAND FOR 

UNDERGOING TRAFFICKING 0.2

FAMILY TRADITION 2.1

MISC 9.8

1. Women and Children are generally recruited from rural areas and transported to the destinations. In this process, they are handed over and taken over by a number of brokers and intermediaries. 

2. Local contacts.

3. Relatives and friends.

4. Direct sale.

5. Deceit.

6. Debt bondage.

7. Kidnapping.

8. Falsification of documents.

9. Bribes.

10. Transportations

11. Aspiration of better life and better career opportunities caused them to be allured by touts. 

12. Drug addiction.

13. Hotel industry.

STRATEGIES TO COMBAT TRAFFICKING:

1. Through legal and criminal justice system. Law enforcing agencies are required to be sensitized and made sensible by way of training and motivation.

2. Stringent penal provisions for the traffickers. Amendment to the IPSA is on anvil, it should be therefore passed by the parliament at the earliest. It provides for, among other things, non-re-victimisation of the victims. In the existing laws, the victims are placed at par with the offenders in terms of investigation and punishment.

3. Rescue and Rehabilitation system is to be strengthened.

4. Creating awareness among target groups.

5. Making economically self reliant to women.

6. Demand and Supply reduction through public awareness and creating job opportunities at village itself like NAREGA etc.

7. Promoting girl education and women empowerment.

8. Increase in the number of girl and women in security forces.

CONVENTIONS RELATED TO TRAFFICKING

1. INTERNATIONAL AGREEMENT OF 18 MAY 1904 FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC, AS AMENDED BY THE PROTOCOL APPROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 3 DECEMBER 1948.

2. INTERNATIONAL CONVENTION OF 4 MAY 1910 FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC, AS AMENDED BY THE ABOVE-MENTIONED PROTOCOL,

3. INTERNATIONAL CONVENTION OF 30 SEPTEMBER 1921 FOR THE SUPPRESSION OF THE TRAFFIC IN WOMEN AND CHILDREN, AS AMENDED BY THE PROTOCOAL APPROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 20 OCTOBER 1947,

4. SLAVERY CONVENTION,1926

5. FORCED LABOUR CONVENTION, ADOPTED IN 1930.

6. ABOLITION OF FORCED LABOUR CONVENTION ADOPTED IN 1957

7. INTERNATIONAL CONVENTION OF 11 OCTOBER 1933 FOR THE SUPPRESSION OF THE TRAFFIC IN WOMEN OF FULL AGE, AS AMENDED BY THE AFORESAID PROTOCOL. 

8. LEAGUE OF NATIONS DRAFT CONVENTION IN 1937 

9. UNIVERSAL DECLARATION ON HUMAN RIGHTS,1948. IT HAS BEEN TRANSLATED INTO 350 LANGUAGES ACROSS THE WORLD.

10. CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE EXPLOITATION OF THE PROTITUTION OF OTHERS APPROVED BY GENERAL ASSEMBLY RESOLUTION 317 (IV) OF 2 DECEMBER 1949 AND COME IN TO FORCE IN 1951

11. WORST FORM OF CHILD LABOUR CONVENTION, 1999.

12. PROTOCOL TO PREVENT, SUPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UN CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME, 2000. 

13. SAARC CONVENTION ON PREVENTING AND COMBATING TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION,2001

14. COUNCIL OF EUROPE CONVENTION ON ACTION AGAINST TRAFFICKING IN HUMAN BEINGS 2005

LAWS RELATED TO PREVENT TRAFFICKING IN INDIA:

Following are some of the legislations which provide protection against trafficking and also provide for punishment to those found involved in it.

1. The Constitution of India. The constitution itself guarantees the protection of women and child against any crime.

2. Immoral Traffic Prevention Act, 1956 popularly known as SITA or IPSA. It provides for stringent punishments to the convicts. It is being amended very soon to make it more stringent for the offenders.

3. Indian Penal Code, 1860.

4. Indian Evidence Act,1872

5. Code of Criminal Procedure, 1973.

6. Bombay police Act, 1951.

7. Delhi Police Act, 1978.

8. Juvenile Justice (Care and Protection of Children) Act, 2000.

9. Probation of Offender Act, 1958.

10. Indecent Representation of Women (prohibition) Act, 1986.

11. Goa Children Act, 2003. This law is considered to be a pioneer in the field of prevention of child trafficking. Law on national level is being mooted out so that it could be made applicable throughout the country.

12.Bombay Prevention of Begging Act, 1959

INITIATIVES TAKEN BY MINISTRY OF WOMEN AND CHILD IN ORDER TO COMBAT TRAFFICKING OF WOMEN AND CHILD:

1. NATIONAL PLAN OF ACTION PREPARED IN 1998.

2. ISSUED GUIDELINES TO ALL STATES TO IMPLEMENT IT.

3. CENTRAL ADVISORY COMMITTEE IN DWAC( DEPT OF WOMEN AND CHILD) SECRETARY OF THIS DEPT IS EX.OFFICIO CHAIRPERSON AND MEMBERS FROM ALL CONCERNED MINISTRIES AND OTHER LAW ENFORCING AGENCIES ARE MEMERS. MEETINGS ARE HELD TRI MONTHLY.

4. PROTOCOL FOR PRE RESCUE, RESCUE AND POST RESCUE HAS BEEN FORMULATED.

5. MWCD (MINISTRY OF WOMEN AND CHILD DEVELOPMENT) HAS FORMULATED THREE MANUALS FOR JUDICIAL OFFICERS, MEDICAL OFFICERS AND COUNSELLORS RESPECTIVELY.

6. MWCD IS PREPARING MANUAL FOR POLICE AND PROSECUTORS ALSO. ANTI HUMAN-TRAFFICKING UNITS TO BE SET UP IN POLICE DEPTT.

7. MWCD HAS SUGGESTED MINISTRY OF HOME AFFAIRS (MHA) TO ENSURE THAT ATLEAT 30% SEATS ARE FILLED BY WOMEN IN POLICE FORCE.

8. CERTAIN AMMENDMENTS ARE PROPOSED IN IMMORAL TRAFFIC (PREVENTION) ACT, 1956. SECTION 8 AND 20 ARE BEING DELETED. THESE SECTIONS REVICTIMISE THE COMMERCIAL SEX WORKERS (CSW).WHO ARE THEMSELVES VICTIM OF TRAFFICKING. THE ‘ TRAFFICKING IN PERSONS’ ON THE LINES OF DEFINITION OF TRAFFICKING OF UN IS BEING INSERTED IN THE PROPOSED BILL SO THAT IT CAN PROVIDE PUNISHMENT TO THE PERSON WHO VISITS A BROTHEL FOR PURPOSE OF SEXUAL EXPLOITATION. THE BILL TITLED ‘IMMORAL TRAFFIC (PREVENTION) BILL, 2006 IS UNDER CONSIDERATION OF THE PARLIAMENT.

9. SWADHAR HOMES SCHEMES FOR VICTIMS. AND SHORT STAY HOMES ARE BEING CONSTRUCTED IN MANY STATES.

10. ONE COMPEHENSIVE SCHEME IS UNDER FORMULATION. ONE IS FOR PREVENTIVE AND OTHER IS RESCUE AND REHABILITATION OF THE VICTIMS. VARIOUS STATE GOVT AND NGO ARE DELIBERATING UPON IT.

SOME STEPS TO CHECK CROSS BORDER TRAFFICKING-

• To set up internal task force to check and combat this menace

• UNICEF has under taken a task on behalf of MWCD to solve problems in identifying Bangladeshi victims and evolve mechanism to repatriate them easily.

• Sensitize the security personnel responsible for border patrolling.

• Create data base for pre rescue, rescue and post rescue operations.

• Participation of stakeholders in policy making formulations. 

INTERNATIONAL EFFORTS TO POPULARISE HUMAN RIGHTS.

1. EU SPENDS 140 MILLION POUND ON ‘EURPEAN INSTRUMENTS ON DEMOCRACY AND HR

2. THE DECLARATION HAS BEEN TRANSLATED INTO MORE THAN 350 NATIONAL AND LOCAL LANGUAGES.

3. TREATY OF ROME.

4. EU FOUNDING TREAY. WHICH ENSHRINES HUMAN RIGHTS AS PREREQUISITE FOR JOINING THIS UNION.