File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Role of Criminal Law in Combating Human Trafficking in Women and Children

Human trafficking refers to the practice of illegally transporting people from one country to another for forced labor or sexual exploitation. It is a serious crime that violates human rights and also the basic rights of poor people.

Legal Framework:

  1. Constitution of India
    • Article 23 – Protects against exploitation, prohibits human trafficking and begging, and makes these practices punishable by law.
    • Article 24 – Protects children under 14 from working in factories, mines, or other hazardous occupations.
       
  2. Bharatiya Nyaya Sanhita, 2023 (BNS) Section 295 – Whoever sells, hires, gives away, exhibits or circulates to any child any obscene article referred to in section 294 or offers or attempts to do so, shall be punished on first conviction with imprisonment of any description for a term which may extend to three years and with fine which may extend to two thousand rupees and on a second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to five thousand rupees.
     
  3. The Protection of Children from Sexual Offenses Act (POCSO) 2012 It came into effect on 14 November 2012, is a special law to protect children from sexual abuse and exploitation. It provides precise definitions of various forms of sexual abuse, including penetrative and non-penetrative sexual assault and sexual harassment. Human trafficking is not something that developed suddenly, it has been practiced in our country since ancient times. Although the fight against human trafficking is always a growing priority for many national governments, due to the absence of a sufficient database on human trafficking in a specific country or at the global level, it is still a growing priority that many governments are unable to achieve.
     
  4. United Nations The United Nations was founded in 1945 after World War II with the main goal of preventing future wars. It promotes international peace and cooperation and develops friendly relations between states. However, in addition to these goals, one of its important commitments is to stand on the side of children around the world, especially the disadvantaged.
     
  5. Convention on the Rights of the Child (1989) The Convention on the Rights of the Child, adopted by the UN in 1989, is the most comprehensive human rights treaty in history. She has helped change the lives of millions of less fortunate children around the world. This Convention is based on the principles set out in the UN Charter. The Universal Declaration of Human Rights (1948) recognizes childhood as a stage of life entitled to special care and assistance.

    In accordance with this principle, the Convention reaffirms that every child has the right to an atmosphere of love, happiness and understanding, which is necessary for the full and harmonious development of his personality. It further recognizes that every child should be brought up in the spirit of the ideals proclaimed in the UN Charter.

    Freedom, dignity, equality and solidarity are the keys to its development. It also emphasizes the necessity of providing special care, safety and protection to the child during his adolescence, including legal protection. The Convention further agrees that international cooperation is a prerequisite for improving the living conditions of children worldwide.
     
  6. Convention on the Elimination of All Forms of Discrimination against Women On December 18, 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on September 3, 1981, after being ratified by the twentieth country. By the Convention's tenth anniversary in 1989, nearly a hundred countries had agreed to be bound by its provisions. Among international human rights treaties, the Convention occupies an important place by bringing the female half of humanity to the center of human rights. The spirit of the Convention is rooted in the objectives of the United Nations: to reaffirm faith in fundamental human rights, in the dignity, value and worth of the human person and in the equal rights of men and women. This document explains the meaning of equality and how it can be achieved. At the same time, the convention establishes not only an international charter of women's rights, but also an agenda of actions for countries to guarantee the enjoyment of these rights. States parties to the Convention are expected to submit a national report to the Committee at least every four years outlining the measures they have taken to implement the provisions of the Convention. At the annual meeting, committee members discuss these reports with government representatives and explore with them areas for further progress in a particular country. The Committee also makes general recommendations to States parties on matters relating to the elimination of discrimination against women.
     
  7. Role State: Compulsory high-quality education, income generation, and job opportunities should be created.
    • Support quality programs for teachers in public schools.
    • Preventive measures of different nations should be shared with each other to help both countries prevent human trafficking.
    Non-Governmental Organization: The community should closely monitor the movement of child victims in the traffickers' area.
    • They should educate and ensure that parents are aware of safe migration procedures.
    Media: The media plays a very important role due to its large audience.
    • Deliver an appropriate message to the victim to ensure they have backup and are not alone.
    • A program to inform citizens about places and institutions where they can seek help if they become a victim.
    • Educate and spread awareness that human trafficking is illegal and inappropriate and has negative consequences.
Final Remarks:
Human trafficking is a very sensitive topic and a comprehensive strategy is needed to address it. The goal of the government should be the social reintegration and rehabilitation of the victims. The need of the hour is to enact stricter laws. Currently, the sanctions against the issue of human trafficking are very mild. Human rights activists and NGOs are fighting this problem very hard without much support from the government.

The Government of India has also enacted a Central Nodal Cell to combat the problem of human trafficking. This nodal cell enforces the anti-trafficking law in India. In 2008, the protocol of the Ministry of the Interior and Communications on prevention, rescue, repatriation was also issued.

Law Article in India

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly