In today's scenario if we look at the situation of crime taking place in India
at a very high note people are getting justice also in return. Human trafficking
not only in India but all over the world is happening at its peak level. Human
trafficking in itself says trafficking of humans for the purpose of assaulters'
use or by fraud or coercion. The government has made very strict rules to punish
those who commit this crime. we as the people of society need to get aware and
make the other uneducated people aware of these frauds taking place for the
purpose of giving jobs they are making these innocent people fool. we need to be
aware whatever is happening in society is right or wrong as a citizen of India
and lead a helping hand to those innocent people who are in this cage.
Definition
Human trafficking is the forced involvement of bad-minded people to make
innocent people live a jail. It involves force fraud or coercion to obtain their
consent They make them do labor work as servant and as slaves commercial sex
workers prostitutes' children slaves most of the time people who are in search
of jobs are unemployed women for prostitute sexual assault or for marriage.
Modern-day it can be said slavery and mostly the victims are of sex trafficking.
Laws under the Indian constitution for stopping human trafficking
In the
Nirbhaya case which happened in 2012 in Delhi,the rape was committed by
the assaulters in a moving bus on girl with veru heinously and threw the woman
in an unconscious state from the bus. It was a very horrifying incident happened
which has made the people angry with the government of India and their safety
rules for women in society questions the legalities and the safety rules for
women with all this happening the government has taken action and amendments and
put some changes in the Criminal Law Amendment Act of 2013 under the committee
of justice JS Verma.
IN Section 370 of the IPC
Trafficking of person:
- Whoever, for exploitation, (a) recruits, (b) transports, (c)
harbors, (d) transfers, or (e) receives, a person or persons, By threats,
using force, or any other form of coercion, or by abduction, or by
practicing fraud, deception, or by abuse of power, or inducement, including
the giving or receiving of payments or benefits, to achieve the consent of
any person having control over the person recruited, transported, harbored,
transferred or received, commits the offense of trafficking.
IN Section 370[A] of IPC
- It says as exploitation of the trafficked person when engaging a
minor in sexual exploitation in any manner. Any person who believes or
has reason to believe or involve the minor for sexual exploitation in
any manner shall be punished with harsh imprisonment for almost 5 years
which can be extended to 10 years and also liable for fine.
- Any person knowingly or by having any reason to believe that the
person has been trafficked and engages any person in sexual exploitation
can be punished for 3 years which can also increase up to 5 years with a
fine also.
- The Criminal Law Amendment Act 2013 added Sections 370 and 370[a] of IPC
which include the exploitation of women sexually.
- Protection of children from sexual exploitation
Immoral Traffic Prevention Act OF 1956
This act afterward called to be as SITA was amended to the current law. The laws
were intended as a means of limiting and eventually abolishing prostitution in
India by gradually criminalizing various aspects of sex work.
About ITPA, 1986:
- In 1950 the government of India granted the international convention for maintaining it and exploitation of prostitution.
- SITA came in 1986 through amendment and the Immoral Traffic Prevention Act came.
- The act states the illegality of prostitution and the punishment for owning any such related establishment.
- Protection of children from sexual offenses act 2012 [POCSO]
Protection of children from sexual offenses act 2012 [POCSO]
It came to protect all the minor children from sexual exploitation in any way
protection of children from the sexual exploitation. Protection from child
sexual abuse.
Section 372 and 373 both
Selling minors for prostitution selling and disposing of, even buying and hiring
also involves punishment to the accused.
Section 363[A]
Says that whether the person is kidnaped the minor or not the legal guardian of
the child takes custody of the minor in such a manner that the person who takes
custody will use them or employ them for any purpose such as begging shall be a
punishable offense under IPC, it can take to the punishment up to 10 years or
can be extended with including fine also.
Section 366[a]
Any person by any means uses a girl below the age of 18 to act according to them
to go any place with intent so that the girl uses forced or seduced or
intercourse with another person shall be punishable offense with imprisonment
which can extend to 10 years with including fine in it.
Global Report on Human Trafficking
United Nations Office on Drugs and Crime (UNODC) Global Report on Trafficking in Persons
Data gathered from over 155 countries:
- Tells us that almost 79% of exploitation is sexual, happening to women from all over the world.
- 30% are young children.
- 18% of trafficking is done by forced labor.
- 20% of the exploitation involves children from all over the world.
According to the chief of the UNODC, many governments in today's scenario are still in denial about the prosecution related to human trafficking.
This was a simple overview given by my research.
What can we do to avoid or take precautions to be aware of human trafficking or to stop human trafficking?
- Know about the facts and data related to the crime or incident.
- We can give and take help from others or help others.
- We need to take action as a community as a whole.
- We need to build strong partnerships for helping hands.
- We need to be good at our searching skills.
- Understanding the degree of the crime or incident.
What are the drawbacks of the policy lacking?
We can see thousands of incidents and now they become stories of the victim's
life, how they were fully manipulated by the assaulters whom the victims trusted
once led them to this life a horrifying life
we as a society only can take action or make the punishment strict what we as a
society do but we can't change the criminal mind or the intention of the person
how he /she manipulates or do fraud through threats and coercion to the victims.
Domestic violence on the youth. We need to make strong policies to break all
barriers.
- Child Labour (Prohibition and Regulation) Act 1986:
- This act states that: this act prohibited children in certain employments and see the conditions of work of all the children in fields of different employment.
- IT Act (Information Technology Act) 2000:
- This act protects the individual and their property, their data of all kinds and sets some guidelines for the storage and processing of the data. It tells the rights of the people for their privacy.
- SAARC Convention (Trafficking):
- India sanctions the SAARC convention on preventing and stopping the trafficking of women and children for the purpose of prostitution.
- It is an instrument to stop this all.
- Roles of State and NGOs:
- Over 10,0000 cases are seen out of which only 1031 cases came to light and the record of conviction of the cases are between 2018-2022
- These all cases are done by making the minds of innocent people furnish by:
- Using force on them.
- Using coercion on them.
- Threatening them for other people's lives.
- Measures taken by the government against trafficking:
- Coordination meetings
- Big anti-trafficking cell for locating the assaulters or the place of crime
- Anti-trafficking units
- Causes of the happening of trafficking
- State level conferences with judicial collegium
- Web portal supporting and helping the victims
Who are the people most affected by it:
- Poor people from small villages who come to the city in search of jobs with big dreams so that they can make their families happy just by getting food and a simple livelihood.
- Unemployed people who are in search of a job and believe these mastermind people and go with them.
- Rising in the prices of goods or the rise in the economy, makes poor people poorer and richer which is not right because if one part of society is affected the whole balance gets disturbed.
- Lack of awareness and lack of education.
- Instability, displacement, and natural disasters happening.
- Discrimination in high society and low-status people.
- Online exploitation and using technology.
- Increase in demand for labor in cheap quantity.
Cases happened in India:
According to India's National Crime Records Bureau (NCRB), over 6,500 human
trafficking victims were identified in the country during 2022 ─ 60% of them
women and girls. Experts believe the actual numbers are much higher, due to
acute underreporting.
Women and girls from tribal communities are mostly targeted.
An activist named Ruchira Gupta of anti-human trafficking and founder as well as
journalist of the apne aap women worldwide…This organization helps the girls to
empower and resist sex trafficking.
Rashmi Tiwary, founder of the Aahan Foundation, a nongovernmental organization
that works to prevent human trafficking in Jharkhand, told VOA that over 60% of
the domestic workers employed in New Delhi are from Jharkhand.
A girl from Darjeeling was found in Delhi because her boyfriend sold her for
money.
Almost 89 %of the women are affected by sexual trafficking for sale purposes and
for prostitution.
Conclusion
Human trafficking, if we see clearly, is happening all over the world everywhere
but we don't know because we don't give it more attention it is the biggest
problem that puts thousands of people be in cages without any freedom to follow
what their heads say .its wrong the government in India are on international
level make a very highly intelligence team to stop this all happening and made
them provide jobs their needs proper wages to the because these all people
whether it is women children, man, for making them do work sexual assault or
slave or servant .our government of India need big actions and committee to0 to
handle this all and try their best to stop as UNODC is doing as SAARC is doing
as Anti social units do. and there should be awareness campaigns to make people
aware of their rights and as well what's wrong or right.
Written By: Muskan
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