Human trafficking has been a problem in civilization for centuries. It is a
national scourge that causes interminable anguish, weakening people's mental and
physical health. Growth and growth are concepts that are foreign to their
culture. They are subjected to severe discrimination and degrading treatment. It
is a significant issue for social justice and human rights in the modern world.
Up to 27 million people are reportedly victims of human trafficking worldwide,
according to a recent report by the US government. Protecting their fundamental
human rights, giving kids an atmosphere that fosters continuous growth, and
shielding them from global horrors are all crucial.
The current situation includes several legislation and government initiatives
aimed at improving the lives of these individuals, but there are also numerous
roadblocks. To give all the victims of human trafficking in the nation a status
and to foster their growth and development, it is therefore necessary to create
a greater understanding of a problem like this. The study examines the numerous
challenges faced by trafficking victims in India, many of whom experience
intimidation, shame, difficulty in prosecution, and a significant risk of being
victimized again in their own nation. Modern social justice concerns as well as
major violations of human rights, including human trafficking.
Humans are traded for a variety of reasons, including sexual exploitation,
forced labor, forced prostitution, sexual slavery, etc. In the case of a forced
marriage, it may also apply to the spouse of any man or woman. It is a grave
offense against people and a breach of their fundamental or most basic human
rights. By coercion or commercial exploitation within their own nation, it
restricts the citizens' freedom of mobility. Hence, it can happen domestically
or even internationally, or transnationally. All people are involved in the
trading of human beings, especially women and children.
According to the ILO, among all the victims of human trafficking, child
laborers, minorities, and migrants were all subjected to high exploitation and
all of them risked the significant danger of continuing to be abused. Smuggling
of peoples, in contrast to human trafficking, is an individual who willingly
asks or pays someone else to secretly transfer them across an international
boundary. It is typically used since those who are smuggled cannot enter the
country legally. Consequently, after the smuggled individual enters the nation
and reaches his final location, he is free to navigate himself. There is no
trickery or coercion involved, even though it might be against the law.
Human trafficking is regarded as a serious problem in India. Even though the
nation has several anti-human trafficking laws, the issue still exists. In the
nation, people of all sexes are trafficked for a variety of reasons, including
prostitution, labour trafficking, and commercial sex demand. In areas where
there are a lot of men or where the gender ratio is heavily skewed in favour of
men, women and girls are trafficked within their own country. While boys and men
are specifically trafficked for bonded labour or labour trafficking. All the
victims�men, women, children, etc.�are frequently sexually exploited and
forced�against their will�to work as escorts, whores, prostitutes, gigolos,
massage therapists, etc.
The trafficking of young girls into prostitution in India is frequently started
by women who have already been victims of trafficking. As adults, they can
recruit the additional girls by using their local trust and personal
connections. Via several anti-trafficking laws, such as the Immoral Trafficking
Prevention Act (ITPA), which specifies a sentence ranging from seven years to
life in prison, the Government of India punishes human trafficking for
commercial sexual exploitation. Several anti-trafficking laws, such as the
Bonded Labour Abolition Act, Child Labour Act, and Juvenile Justice Act, among
others, forbid forced labour and bonded labour in the nation. Sections 366 (A)
and 372 of the Indian Criminal Code (IPC) also allow for the arrest of
traffickers. These provisions forbid kidnapping and the sale of minors for
prostitution and impose a maximum sentence of 10 years in jail and a fine.
Classifications Of Human Trafficking
- Sex Trafficking:
The practice of forcing migrants into sexual acts as a condition for
facilitating or arranging their migration is known as sexual trafficking.
This kind of trafficking frequently employs coercion, power abuse,
deception, and bondage acquired through coerced debt, along with physical or
mental exploitation.
- Labour Trafficking:
The term "labour trafficking" refers to the use of slaves in all forms of
labour, including debt slavery, serfdom, work camps, etc. The International
Labour Organization (ILO) defines forced labour as an involuntary activity
or service that is rendered by the victims under threat of punishment, which
includes most tasks that fall under this category. The transfer of workers
for the purpose of forced labour or services, including domestic or
involuntary servitude, bonded or child labour, is known as labour
trafficking. Most frequently, it occurs in the fields of agriculture,
industry, construction, household chores, entertainment, etc. But indigenous
peoples and migrant workers are particularly vulnerable to becoming victims.
- Organ Trade Trafficking:
Another form of human trafficking is the trade of organs, which can occur in
many ways. In some situations, the victims are compelled to donate their
organs, while in others, they agree to sell their organs in exchange for
cash or commodities, only to receive little or no payment from the
traffickers. There are several instances where victims' bodily parts are
removed without their consent, particularly when the victim is under
treatment for another medical condition. In this situation, some people are
at extremely high risk of exploitation, such as migratory laborers, the
illiterate, and the homeless.
- Forced Marriage Trafficking:
Because forced marriage violates the victims' autonomy and freedom, the
United Nations has designated it a violation of human rights. Every person
has the freedom to pick their spouse and engage into a marriage freely,
according to the Universal Declaration of Human Rights. The Roman Catholic
Church views forced unions as grounds for annulment, and both parties must
freely consent to the union for it to be considered genuine. Human
trafficking includes forced marriages. It would be sex trafficking if a
woman was forced to get married, moved abroad, and then constantly pressured
to have sex with her new spouse.
Issues And Challenges Of Human Trafficking In India
- Commercial Demand for Sex:
The nature of sex trafficking is seen as an economic supply by the
traffickers, and many abolitionists strive to put an end to it while
outlining the negative effects of a demand model. Males request female
prostitutes under this demand model, which creates a market for sex workers
and ultimately encourages sex trafficking, illegal trade, and the coercion
of people into the sex industry. Meanwhile, traffickers and pimps act as
distributors and provide a chain of women for sex exploitation.
- Poverty, Globalization and Unemployment:
Women may migrate voluntarily due to a lack of economic, educational, and
social opportunities before becoming involuntarily trafficked for sex work.
As globalization has opened the national borders for smooth exchange of
goods and services, its economic impact has also pushed peoples especially
women and children to migrate and be vulnerable to trafficking. Gender
inequality also pushes women to migrate towards informal sector which is
more hazardous for them.
- Gender Based Discrimination:
Sons are traditionally regarded as more valuable, superior, and useful in a
family than daughters in our patriarchal society. As a result, girls in this
society have little to no access to education, which causes a gender gap in
both literacy rates and potential income for boys and girls.
- Urban Policies and Human Rights Violation:
I believe that the government's terrible urban policies and the victims'
violations of their human rights have significantly widened the extent of
human trafficking in our nation. For instance, urban apartheid has taken on
progressively harsh forms. As a result, it presents difficulties in the
country's ongoing battle against poverty and threats to democracy.
Harmful Effects Of Human Trafficking To Civil Society
- Impact on Women and Children:
Women and girls are constantly at danger for unintended pregnancies, STDs,
HIV/AIDS, maternal mortality, etc. They are also impacted by drugs,
dangerous medications, and other addictions that deteriorate their physical
and mental health. They also have a threat of emotional well-being like
deprivation from their family life, threat to their social support systems,
isolations, constant fear of arrests.
- Short Term Impact:
Impact on the victims of human trafficking which in a psychological manner
is totally like a life threating disease for them. The perpetrators often
expose them of the high amount of psychological stress which is affected by
threats, fear, physical or emotional violence. To convert a victim into a
slave and to exploit them sexually, emotionally, verbally, economically,
etc., is the main goal of traffickers.
- Long Term Impact:
All human trafficking victims may experience significant trauma or long-term
effects on their bodies. For instance, there are several instances of
intimate relationship trauma, such as sexual assault, gang rape, domestic
violence, forced prostitution, etc. According to a paper by psychologists,
the effects of chronic trauma make complicated trauma more difficult to
diagnose.
Measures To Combat Human Trafficking In India
- Be Specific Regarding the Scope of Human Trafficking:
Before moving on, I believe that defining and defining the breadth of human
trafficking crimes is the most crucial topic that needs to be answered
through thorough investigation. With this, we must eliminate all conceptual
misunderstandings related to the problem of human trafficking in our nation.
Although the topic has already been specified in several agreements, our
country's laws are not particularly comprehensive on the subject.
- Judiciary Must be Held Responsible:
In India, the judiciary functions as an independent, constitutional
authority and is seen as the only safeguard against the country's citizens
violating our fundamental rights and our human rights laws. The biggest
issue with the judiciary, however, is that there aren't enough judges to
handle all the cases that come before our courts, which is the fundamental
reason why there are so many cases still outstanding.
- Must be Conviction of Traffickers to Deter Others:
To set an example and discourage other traffickers from engaging in human
trafficking and victim exploitation, the alleged human traffickers must be
found guilty; otherwise, they will suffer harsh punishments. Also, all
alleged human traffickers should be prosecuted based on sufficient legal
provisions, which means that accused traffickers should face punishment
rather than the victim they are allegedly exploiting.
- Adopt Various Anti Trafficking Initiatives:
The issue of human trafficking in our nation needs to be addressed right
now, either by changing already-taken anti-human initiatives or by
implementing new strategies. For instance, corruption, police reforms, the
professionalism of police personnel when looking into people trafficking in
India, and criminal justice system reform.
- Accept the Human Rights Principles:
Ratifying international human rights conventions or treaties proposed by the
United Nations or any other reputable domestic organization is the most
rational and sincere action India can take to prevent human trafficking. The
fact that our national laws do not follow the framework of international
human rights is a serious issue that we must address. In other words, we
lack a strong human rights normative framework to combat human trafficking.
India's problem with human trafficking requires a thorough, all-encompassing
approach. The threat of human trafficking in our nation must be addressed with a
multifaceted strategy. In addition, efforts should be made to perform a
comprehensive process of rehabilitation and reintegration for all human
trafficking victims.
Otherwise, addressing the problem effectively over the long term won't be
possible, and we'll fail strategically. The main idea of eliminating this
problem, in my opinion, won't be successful if the countries themselves don't do
their part and there aren't unwavering promises from numerous developed,
developing, and other material players to address the negative consequences of
human trafficking on the victims.
Hence, this cycle must be followed at every point, from prevention to
recruiting, rescue to reintegration, or the provision of transportation for
bonded labour. So, without our collective engagement, the anti-trafficking
campaigns will essentially have no impact on the victims of human trafficking,
and the exploitation of their human rights would continue.
References:
- https://www.shram.org/uploadFiles/20180319102934.pdf
- https://wcd.nic.in/sites/default/files/RESEARCH%20PROJECT%20REPORT_0.pdf
- https://www.ijlmh.com/wp-content/uploads/2019/09/Human-Trafficking-Its-Issues-and-Challenges-in-India-A-Study-from-Human-Rights-Perspective.pdf
- https://www.academia.edu/41541844/A_STUDY_OF_HUMAN_TRAFFICKING_IN_INDIA_AN_OVERVIEW
- https://jgu.s3.ap-south-1.amazonaws.com/JSIA/Sankalp+Sreenath+-+Human+Trafficking+in+India.pdf
-
https://turcomat.org/index.php/turkbilmat/article/download/12491/9035/22125
- https://acadpubl.eu/hub/2018-120-5/5/404.pdf
- https://www.researchgate.net/publication/346880414_HUMAN_TRAFFICKING_IN_INDIA
- https://www.diva-portal.org/smash/get/diva2:1318860/FULLTEXT01.pdf
- https://www.unodc.org/southasia/frontpage/2013/Sept/india-from-darjeeling-to-delhi-story-of-a-young-girl-who-was-trafficked.html
Award Winning Article Is Written By: Mr.Astitva Kumar Rao
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