Over many years, Human trafficking has become a trade which causes damage to human society. Offender traffic human beings and also exploit them in various forms like financial earnings, sexual slavery, commercial sexual exploitation, extractions of organs tissues, forced marriage, forced labor. After drugs and arm trade human trafficking is the next biggest crime across the world. Human trafficking is generally done for sexual exploitation in where women and children turn out to be victim of it. Result of these violations led towards vulnerabilities and it also put them in dangerous trauma which effects their day today lives. After coming out from that they still think about it which makes them mentally depressed. Human trafficking in the present scenario is one of the worst kinds of exploitation which is affecting the whole world.
Human trafficking means a trade which is illegal. It includes recruitment, harboring or transporting people into a situation of exploitation from one place to another through the use of deception, violence, coercion and they are forced to work against their will. Poverty line people must be made aware of this crime so that it won’t hamper their day to life and they will be on safe side. Men, women and children are persuaded by the traffickers that they will be provided with best job in foreign countries or places and then they blindly believe those traffickers and get trapped in their persuasion. There are number of Purposes for which human trafficking is done, but sadly in our country the Act which exists against human trafficking is Immoral Trafficking Prevention Act (ITPA) and this act only combats against human trafficking. So, Legal provisions of India need to be strengthened and this crime need to be stopped in upcoming years and the law of human trafficking needs to be strengthened so that the requirements for preventing human trafficking are fulfilled.
DEFINATION OF HUMAN TRAFFICKING
United Nations Office for Drugs and Crime (UNODC) gives the definition of human trafficking. It’s a very serious crime and a concerned violation of human rights. Every year many people specially women and children trapped by the traffickers. Almost every country is concerned about it and the countries also get badly affected by this.
ELEMENTS OF HUMAN TRAFFICKING
●THE ACT (WHAT IS DONE)
Recruitment of persons, transportation, transfers them from one place to another, harboring or receipt of persons.
●THE MEANS (HOW IT IS DONE)
It is done by threat, by use of force, by coercion, by fraud, by abuse, by using power of vulnerability, giving payments to a person who is going to handle the victim.
●THE PURPOSE (WHY IT IS DONE)
The main purpose is to exploit which includes the prostitution of others, sexual exploitation, forced labor, removal of organs.
LEGAL FRAMEWORKS TO COUNTER HUMAN TRAFFICKING IN INDIA:
Indian Penal Code, 1860
Inducing any minor girl who is under the age of eighteen years to go any such place with an intention to force or seduce illicit intercourse with another person shall be an offence which is punishable.
Importing any girl who is under twenty-one years with an intention that she will be, forced or seduced illicit intercourse with another person is an offence which is punishable.
SECTION 370 AND 370-A
It prohibited trafficking of women and girls and also provides punishments for those persons who committed these kinds of crime. It says whoever is doing selling or buying of person who is under the age of 18 with an intention of prostitution or sexual exploitation will be held liable and the punishment will be imprisonment for up to 10 years and will pay fine. It also recognizes cross border trafficking prostitution whoever imports into India from any girl who is under the age of twenty-one years with the intention that she may be or knowing it to be likely that she will be forced or seduced will be punishable with an imprisonment which is up to ten years and will also held liable to pay fine for it.
Punishment is prescribed for any person who will be unlawfully persuades any to do labor against his will.
CONSTITUTION OF INDIA
It protects against exploitation, prohibits human trafficking and begging and makes this practice punishable under law.
It protects children who are under the age of 14 years from do labor in factories, mines or other hazardous employment.
CONSTITUTIONAL AND LEGISLATIVE PROVISION IN INDIA
●Protection of Children from Sexual Offences (POCSO) ACT, 2012
●The Immoral Traffic Prevention Act, 1956 (ITPA)
●Criminal Law (Amendment) Act, 2013
Other special legislation having relation with trafficking of women and children are as follows:
●Prohibition of Child Marriage Act, 2006
●Bonded Labor System (Abolition) Act, 1976
●Child Labor (Prohibition and Regulation) Act, 1986
●Transplantation of Human Act, 1994
Laxmi Kant Pandey vs Union of India
The Supreme Court while supporting adoption stated it is necessary to bear in mind that primary aim to give a child for adoption is should be for the welfare of the child. In case of foreign parents, the permission for granting the child for adoption should be treated with extra care. In the foreign countries adoptive parents may neglect the child’s wellbeing or the adoptive parents may not be able to provide that child a moral life for which they are being sexually abused or the traffickers take them for bonded labor or for experimentation for different research in medical science and they may also place them in the worst situation in their country. The court has laid down some rules and regulations to check and keep a track record of inner country so that the children don’t end up being trafficked.
Bandhua Mukti Morcha vs. Union of India and others
If it is observed that laborer is made to labor forcefully the court take a presumption that he is essentially required to do such with a consideration of an advance or other economic or financial consideration and therefore he is a bonded laborer who is entitled to the benefits provided by the law. To fulfill the purpose of ensuring enforcement of the provisions given by law, the State government, the Vigilance committees and the District Magistrates will be taking the assistance of non -political social action groups and voluntary agencies. The State Government should not adopt a non-formal approach in enforcement of the provisions given by law which is an important implementation of law which ensures dignity of a human being. The Central and State Governments will take all necessary steps for the fulfillment of purpose to ensure minimum wages which will be paid directly to the employees in the stone quarries and stone crushers.
Santhal Pargana Antyodaya Ashram vs State of Bihar and others
A release certificate should be issued by the Collector to each of the persons. Each of the bonded laborers those who are released must be restored by the State government on a permanent basis. Enforcement of the restoration program should not wait on accountancy of pending proceedings in present time in the apex court. The state government shall be submitting the receipt within 2 weeks from where the date when they have received their receipt which is approved by the court.
PREVENTION OF HUMAN TRAFFICKING
The statistical data of trafficking in all over world make readers very disturbed as every time people read there may be one two case on human trafficking. In India every minute a child goes missing. According to the Human Rights Commission, children around 40,000 go missing and 11,000 are never found and from that 10 percent of the human trafficking in India is International and the rest 90 percent happens in India.
Human trafficking is a very complex issue where three main things need to be focused.
First, we need to focus on education of children as it can prevent the child trafficking in India as education is an empowering and essential place to start. Traffickers often target by giving job opportunities. Next, we need to do is awareness campaigns over social media and local counter-trafficking events and training campaigns need to be organized by NGOs.
The laws for human trafficking need to be strengthened so that it meets all the requirements for preventing human trafficking. People who are in poverty line across need to be aware of human trafficking and campaigning, conferences need to be done so that general public can join hands to prevent human trafficking. The vulnerable sections of the society must be protected by the Government.
BY-SUSHREE SANGITA SETHI
SOA NATIONAL INSTITUTE OF LAW, BHUBANESWAR