Extent to Which Immoral Trafficking is Addressed
What is Trafficking?
The Oxford English Dictionary defines, traffic as ‘trade, especially illegal (as in drugs)’. It has also been described as ‘the transportation of goods, the coming and going of people or goods by road, rail, air, sea, etc. The word trafficked or trafficking is described as ‘dealing in something, especially illegally (as in the case of trafficking narcotics)’.
The most comprehensive definition of trafficking is the one adopted by the UN Office of Drugs and Crime in 2000, known as the “UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,” 2000 under the UN Convention against Transnational Organized Crime (UNTOC). This Convention has been signed by the government of India.
a) Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or of receiving of payments or benefits to achieve the consent of a person having control over another persons, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour services, slavery or practices similar to slavery, servitude or the removal of organs;
b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subpara graph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ‘trafficking in persons’ even if this does not involve any of the means set forth in sub paragraph (a) of the article;
d) Child shall mean any person under eighteen years of age.
Trafficking in Women and Children is the gravest form of abuse and exploitation of human beings. Thousands of Indians are trafficked everyday to some destination or the other and are forced to lead lives of slavery. They survive in brothels, factories, guesthouses, dance bars, farms and even in the homes as well.
The Indian Constitution specifically bans the traffic in persons. Article 23, in the Fundamental Rights section of the constitution, prohibits "traffic in human beings and other similar forms of forced labour". Though there is no concrete definition of trafficking, it could be said that trafficking necessarily involves movement /transportation, of a person by means of coercion or deceit, and consequent exploitation leading to commercialization. The abusers, including the traffickers, the recruiters, the transporters, the sellers, the buyers, the end-users etc., exploit the vulnerability of the trafficked person. Trafficking shows phenomenal increase with globalization. Increasing profit with little or no risk, organized activities, low priority in law enforcement etc., aggravate the situation. The income generated by trafficking is comparable to the money generated through trafficking in arms and drugs.
Trafficking in human beings take place for the purpose of exploitation which in general could be categorized as (a) Sexual and (b) Non-Sexual. The former category includes trafficking for prostitution, Commercial sexual abuse, Paedophilia, Pornography, Cyber sex, and different types of disguised sexual exploitation that take place in some of the massage parlours, beauty parlours, bars, and other manifestations like call girl racket, friends clubs, etc. Non sex based trafficking could be for different types of servitude, like domestic labour, industrial labour, adoption, organ transplant, camel racing marriage related rackets etc. But the growing traffic in women is principally for the purpose of prostitution. Prostitution is an international problem which can be found in both developing and industrialized nations. Unfortunately, society remains tolerant of this abominable crime against women. There are ways of getting women into prostitution that are common to many countries; then there are particular methods unique to a country. Probably the three most common methods are false employment promises, false marriages and kidnapping. But what makes women and girls vulnerable are economic distress, desertion by their spouses, sexually exploitative social customs and family traditions.
In a recent survey in India, prostituted women cited the following reasons for their remaining in the trade, reasons that have been echoed in all concerned countries. In descending order of significance, they are: poverty and unemployment; lack of proper reintegration services, lack of options; stigma and adverse social attitudes; family expectations and pressure; resignation and acclimatization to the lifestyle.
Trafficking is done for
- Bonded labour
- Domestic work
- Agricultural labour
- Construction work
- Carpet industry, garment industry, fish / shrimp export as well as other sites of work in the formal and informal economy.
- Organ trade
- Drug peddling smuggling
- Forced prostitution
- Socially and religiously sanctified forms of prostitutions
- Sex tourism
Entertainment and Sports
- Circus, dance troupes, beer bars etc.
- Camel jockeys
For and through marriage
For and through adoption
As child soldiers or combatants in armed conflicts
CAUSES OR REASONS FOR TRAFFICKING:
- Foeticide / Infanticide
- Child marriage
- Natural Disasters (floods, cyclones etc.)
- Domestic violence
- Lure of job / marriage with false promises
- Domestic servitude
- Traditional / Religious prostitution (Devdasi)
- Lack of Employment opportunities
- Hope for jobs / marriage
- Demand for cheap labour
- Enhanced vulnerability due to lack of awareness
- Creation of need and market by traffickers
- Sex tourism
- Internet pornography
- Organized crime generating high profits with low risk for traffickers
-According to the ILO there are 2.45 million trafficking victims currently under exploitative conditions, and it is estimated that another 1.2 million persons are trafficked annually. UNFPA reports that between 600,000 - 800,000 women, men and children are trafficked across international borders each year. Of these, the majority are girls and women, and over 50% are children. (date accessed: 11 August 2007)
-Human trafficking remains the third most profitable illicit trade, after that of arms and drugs. -According to one estimate, human trafficking generates about $9.5 billion in revenue, annually, and is linked to other organized crimes like human smuggling, drug trafficking, and money laundering. According to another estimate by the ILO, the average profits generated from trafficked forced labour were as high as $32 billion a year.
-According to one estimate, the figures of children in prostitution in India range from 300,000 to 500,000. A survey in 1991 indicated the population of child victims of commercial sexual exploitation (CSE) to be from 70,000 - 100,000.
-It is estimated that every year, between 5,000 to 10,000 Nepalese women and girls are trafficked to India for the purposes of commercial sexual exploitation. Another estimate points to between 40,000 to 200,000 women and girls from Nepal working in brothels in various cities in India.
-The number of prosecutions against traffickers is very low compared to the estimated amount of illegal activity, and so does not provide a good indication of the extent of criminal activity. In 2005 the crimes reported under the Immoral Trafficking Prevention Act (ITPA) were 5,908.
-Trafficking in children is on rise, and nearly 60% of the victims of trafficking are below 18 years of age (NCRB, 2005).
-According to NHRC Report on Trafficking in Women and Children, in India the population of women and children in sex work in India is stated to be between 70,000 and 1 million of these, 30% are 20 years of age. Nearly 15% began sex work when they were below 15 and 25% entered between 15 and 18 years (Mukherjee & Das 1996).
-A rough estimate prepared by an NGO called End children’s prostitution in Asian Tourism reveals that there are around 2 million prostitutes in India. 20% among them are minors.
-A study conducted in 1992 estimates that any one time 20,000 girls are being
transported from one part of the country to any other (Gupta, 2003). A 2001 study , indicated India to be one of the top ten origin countries of migrants where the mode of illegal entry in the European Union, was a result of either trafficking or smuggling. Paedophilia related tourism has also been reported from certain parts of India, including Goa and some parts of Kerala.
City population of the abducted women and children are
Bombay 10 million 100,000, Calcutta 9 million 100,000, Delhi 7 million 40,000, Agra 3 million 40,000.
A survey conducted by Indian Health Organization of Bombay shows:-
1. 20% of the one lakh are children.
2. 25% of the children had been abducted and sold.
3. 6% had been raped and sold.
4. 8% had been sold by their family.
5. 2 lakh minor girls between ages 9yrs-20yrs were brought every year from Nepal to India and 20,000 of them are in Bombay brothels.
6. 15% to 18% are adolescents between 13 yrs and 18 yrs.
7. 15% of the women in have been sold by their husbands
8. Of 200m suffering from sexually transmitted diseases in the world 50m alone were in India.
9. 15% of them are devdasis.
RECENT ISSUES REPORTED UNDER PITA ACT
CANDOLIM SEX RACKET
On 29 June 2010, case was reported in Panaji under the PITA Act . The rescue of 11 girls from Candolim on Sunday night, the lid has been blown off a racket that involved bringing in women from Mumbai for prostitution.
COMBINED EFFORT TO CHECK HUMAN TRAFFICKING
On 27 June 2010,need for a combined effort to check the problem of human trafficking and proper implementation of Immoral Trafficking (Prevention) Act was stressed during a seminar organised by Gudia, an NGO, to create awareness regarding ITP Act at a hotel on Sunday.
Addressing the gathering, DIG DK Thakur highlighted the practical problems coming in the way of checking this heinous crime. He said identifying areas from where men and women were procured for trafficking was a must to nip the problem in the bud. He said efforts were needed to eliminate root causes like poverty and illiteracy while keeping a sharp vigil on the movement of human traffickers was equally important.
Other speakers, including president of Central Bar Association Ram Awatar Pandey, was of the opinion that not only rescuing women forced into flesh trading, but measures for their rehabilitation was also an important aspect. The speakers held it unfortunate that the rescued women were treated like accused persons in most of the cases. Important among others Tanvir Ahmed Siddiqui, Gopal Krishna, Surendra Charan and Sunil Kumar Singh also addressed the seminar.
PROTEST IN SIKKIM
SDF Cheli Morcha, NGOs protest over immoral traffickingGANGTOK, June 9: Reacting over the arrest of three persons in connection to immoral trafficking in Gangtok on June 8, the SDF Cheli Morcha along with two other organization – Subhalaxmi Social Organization and Arithang Women Co-operative Society have today said a special ‘abhiyan’ will be conducted by the women members of the party to stop such illegal business taking place.
The abhiyan will include visit to each and every hotel in the Capital, said members of the organisations during a press conference held here today.
Talking to media persons, the president of Subhalaxmi Social Organization Lalita Lama said strict instruction will be given to hotel owners and mangers regarding such incidents taking place in the State Capital. “People who are running illicit sex business are tarnishing the name of the State,” she said.
The NGO members also appreciated the prompt iniative of Sadar Police in nabbing the culprits.
General Secretary of Arithang Women Co-operative Society Indu Neopaney said there were information about a number of hotels in Gangtok engaged in flesh trade, which should be stopped immediately.
She further said that the State’s reputation was at stake due to a handful of people who were involved in this nexus.
The members also visited Hotel Jaishree, located at National Highway (the hotel from where the arrests were made yesterday) today and warned the hotel owners to stop the illegal business.
TAMIL NADU RANKS FIRST IN IMMORAL TRAFFICKING
MAY 10,2010 NEW DELHI: Tamil Nadu and Karnataka may boast of having good sex ratio but when it comes to curb immoral trafficking, they fair poorly among major states while the national capital is on the top in the chart of Union Territories with 63 such cases being reported in a year.
According to the latest home ministry data for 2007, 1,199 cases were registered in Tamil Nadu and 612 cases in Karnataka under the Immoral Trafficking (Prevention) Act.
More than 3,700 people were arrested from these two states for their involvements in illegal human trafficking.
In Delhi, a total of 217 people were arrested and 112 convicted under the Act, the data said.
Police registered a total of 3,568 cases and arrested 9,861 people for their role in encouraging immoral trafficking across the country during the said period, it said. However, only 3,220 people could be convicted for the crime.
It shows equally gloomy picture in Andhra Pradesh and Maharashtra. Out of a total of 612 registered cases in Andhra Pradesh, police had arrested 1,700 people but only 361 of them have been convicted so far In Maharashtra, 322 such cases were reported and a total of 1,266 people arrested.
More than 200 cases were also registered in Kerala, where the sex ratio and education rate are much higher than any other parts of the country.
EFFECTS OF IMMORAL TRAFFICKING
Practice of child trafficking is economically unsound, psychologically disastrous, and morally dangerous and harmful on even and individual child. One can hardly imagine the extreme trauma that a child under goes. There is a case of a child who lost her speech after being raped. She is now placed in a deaf mute school for speech recovery. The case of Tulsa a Nepali girl is more pathetic. Since the age of 13 she was sold and brought by many people and shifted from brothel to brothe. In this process she ended up with many diseases. She was taken to J. J. Hospital at Bombay. She was said to be suffering from meningitis, tuberculosis of brain, bone and chest and had an STD in advanced stage. The police took over sixteen months a file a charge sheet. Finally she was repatriated to Nepal. The culprits in the Himalayan. Kingdom were tried and imprisoned for 20 years.
Children become ready recruits for flesh trade for they are rendered unfit for any other trade or calling not being educated or having any knowledge of any other trade.
Child is a criminal activity and serves as a catalyst for further criminal association in other fields. The helpless children are turned into mere pawns in the criminal syndicates which lead to a steady deterioration of morals.50m of the worlds 200m victims who suffer from STD are in India and they are mostly found to be affected by tuberculosis, meningitis scabies, chronic pelvic injections anaemia, syphilis, chaneroid. Tineacrutis, vevercal war etc. The effect on the child can not be erased but to a certain extent can be minimised by the medical help.
Legal Framework in India
Article 23 of the Constitution Guarantees right against exploitation; prohibits traffic in human beings and forced labour and makes their practice punishable under law.
Article 24 of the Constitution Prohibits employment of children below 14 years of age in factories, mines or other hazardous employment.
Indian Penal Code, 1860 e:
Section 366A – procuration of a minor girl (below 18 years of age) from one part of the country to the another is punishable.
Section 366B – importation of a girl below 2 years of age is punishable.
Section 374 – provides punishment for compelling any person to labour against his will.
Immoral Traffic (Prevention) Act, (ITPA) 1956 renamed as such by drastic amendments to the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA)
Deals exclusively with trafficking; objective is to inhibit / abolish traffic in women and girls for the purpose of prostitution as an organized means of living; offences specified are:
-Procuring, including or taking persons for prostitution;
-Detaining a person in premises where prostitution is carried on
-Prostitution is or visibility of public places;
-Seducing or soliciting for prostitution;
-Living on the earnings of prostitution;
-Seduction of a person in custody; and
-Keeping a brothel or allowing premises to be used as a brothel.
-Child Labour (Prohibition and Regulation) Act, 1986
-Prohibits employment of children in certain conditions of work of children.
The Immoral Traffic (Prevention) Amendment Bill, 2006
The Immoral Traffic (Prevention) Act, 1956  makes trafficking and sexual exploitation of persons for commercial purpose a punishable offence. The Act was passed in line with the International Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, signed by India on May 9, 1950. Although the Act was amended twice (1978 and 1986), it did not prove to be an effective deterrent to trafficking or sexual exploitation for commercial purposes. The Immoral Traffic (Prevention) Amendment Bill, 2006 aims to punish traffickers and provide for stringent punishment to offenders.
This Bill has five main features. First, it deletes the provisions related to prosecution of prostitutes soliciting for customers. Second, it provides for prosecution of clients. Third it defines the term "trafficking in persons" and provides for penalties. Fourth, it increases penalties for some offences. Fifth, it constitutes authorities at the central and state level to combat trafficking. The proposed amendments in the Bill are compared with the provisions of the Immoral Traffic (Prevention) Act, 1956 in Table 1.
Table 1: Comparison of the Bill with the existing law
Immoral Traffic (Prevention) Amendment Bill, 2006
Immoral Traffic (Prevention) Act, 1956
“Child” means a person who has not completed 18 years.
“Child” means a person who has not completed 16 years of age. Any person below 18 years but above 16 years is a “minor”.
“Prostitution” means the sexual exploitation of persons for commercial purposes or for consideration in money or any other kind.
“Prostitution” means the sexual exploitation or abuse of persons for commercial purposes.
Anyone who recruits or transfers a person for the purpose of prostitution by means such as threat, coercion or abuse of power commits the offence of “trafficking in persons”.
Any person found in a brothel for sexual exploitation of any victim of trafficking shall, on first conviction, be punishable with imprisonment for up to 3 months or fined up to Rs 20,000 or with both. On subsequent conviction, he can be imprisoned for a maximum period of six months and fined up to Rs 50,000.
On first conviction, punishment for keeping or allowing premises to be used as a brothel is one to three years rigorous imprisonment and a fine of up to Rs 10,000. Subsequent convictions are punishable with three to seven years imprisonment and a fine of up to Rs 2 lakh.
On first conviction, punishment for keeping or allowing premises to be used as a brothel is one to three years rigorous imprisonment and a fine of up to Rs 2,000. Subsequent convictions are punishable with two to five years imprisonment and a fine of up to Rs 2,000.
Trafficking in persons is punishable on first conviction with rigorous imprisonment for a minimum of seven years. On subsequent conviction, the offender would be imprisoned for life.
Procuring or inducing a person for prostitution would be punishable on conviction with rigorous imprisonment for three to seven years and a fine of up to Rs 2,000. If the offence is committed against a person’s will, the penalty would be imprisonment for 7-14 years.
The offence of procuring or inducing a child for the sake of prostitution is punishable by rigorous imprisonment for seven years to life.
The offence of procuring or inducing a child for the sake of prostitution is punishable by rigorous imprisonment for seven years to life. In case of a minor, it would be rigorous imprisonment for 7 to14 years.
Seducing and soliciting for the purpose of prostitution is a punishable offence.
Prostitutes can be removed from local jurisdiction of a Magistrate and be prohibited from re-entering the place.
All offences under the Bill shall be tried in-camera, i.e. the public would be excluded from attending the trial.
A special police officer, not below the rank of Sub-Inspector, shall be appointed to deal with offences under the Act.
A special police officer, not below the rank of Inspector, to be appointed to deal with offences under the Act.
The central and state governments may establish authorities to combat the offence of trafficking in persons.
Trafficking in persons added to the offences listed in the Money Laundering Act, 2002.
Objective of the Bill: The Bill aims to combat trafficking in persons for sexual exploitation. It does not prohibit prostitution. It addresses the issue of trafficking through both supply side (by measures to punish traffickers) and demand side (penalties for clients) mechanisms. There are three issues that need to be considered. First, whether prostitution ought to be a legitimate way of earning a living if the person enters or stays in the profession out of choice. Second, whether the demand side mechanism of punishing clients would be the best way to tackle trafficking. Third, whether trafficking in persons for purposes other than sexual exploitation would be penalised. These issues are discussed below.
· Legality of Prostitution: The Bill defines "prostitution" as sexual exploitation or abuse of persons for commercial purposes and a "brothel" as any house or place which is used for purposes of sexual exploitation for the gain of another person or for the mutual gain of two or more prostitutes. Although the Bill does not penalise an individual if he is in prostitution for his own profit, it penalises prostitution if carried on in a brothel or from any public place within 200 metres of an educational institution, place of religious worship, hotel, hospital, nursing home or any public place notified by the Commissioner of Police or Magistrate. Such clauses, while technically not prohibiting prostitution, make it almost impossible for a person to operate as a prostitute. Thus, the Bill lacks clarity on whether prostitution ought to be a legitimate way of earning a living if the person enters or stays in the profession out of choice.
· Punishing Clients: The Bill seeks to penalise any person who visits a brothel for the purpose of sexual exploitation of a trafficked victim. The issues that arise out of such a provision are as follows. It would be difficult for a person visiting a brothel to distinguish between a trafficked person and a non-trafficked person. A person is penalised only if he sexually exploits a trafficked victim. If the victim is not trafficked, the client would not be penalised. Any person visiting or found in a brothel can be penalised if the purpose of the visit is sexual exploitation of a trafficked victim. However, as the term 'sexual exploitation' is not defined in the Bill, it could lead to harassment of every person who visits a brothel irrespective of the object of his visit. International experience suggests that the provision to penalise clients may not be an effective way to curb sexual exploitation. For example, Sweden views prostitution as an aspect of male violence against women and children and penalises the act of purchasing sexual services. There is a view that this provision has moved the trade underground.
· Trafficking Limited to Prostitution: India is a signatory to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime. This Protocol defines 'trafficking in persons' as 'the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force'. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs."
While the UN Protocol covers trafficking for situations other than prostitution, the Bill only penalises the offence of trafficking if the victim is used for the purpose of prostitution. Trafficking in persons for other purposes such as domestic labour, bonded labour, begging, camel jockeying, and organ trade do not fall under the purview of the Bill. While there are a number of laws that penalise certain offences such as slavery, unlawful compulsory labour, and begging, it does not cover every situation where trafficked victims can be exploited. There could be a case for a comprehensive law on trafficking in persons rather than one linked only to prostitution.
Steps have been taken to raise awareness in society about this evil, the minister said, adding that a number of schemes have been launched like Short Stay Homes, Swadhar and Pilot Project for rescue and rehabilitation of such exploited women and children. She said the Department of Women and Child Development has initiated a number of schemes like Kishori Shakti Yojana, Swa Shakti, Swayamsidha, Swavlambvan and STEP for economic empowerment of women
Information Technology Act, 2000
Penalizes publication or transmission in electronic form of any material which is lascivious or appeals to prurient interest or if its effect is such as to tend to deprive and corrupt persons to read, see or hear the matter contained or embodied therein. The law has relevance to addressing the problem of pornography.
India has also adopted a code of conduct for Internet Service Providers with the objective to enunciate and maintain high standard of ethical and professional practises in the field of Internet and related services.
Juvenile Justice (Care and Protection of Children) Act, 2000
Enacted in consonance with the Convention on the Rights of the Child (CRC); and Consolidates and amends the law relating to juveniles in conflict with law and to children in need of care and protection.
The law is especially relevant to children who are vulnerable and are therefore likely to be inducted into trafficking.
Karnataka Devadasi (Prohibition of Dedication) Act, 1982
Act of dedication of girls for the ultimate purpose of engaging them in prostitution is
declared unlawful – whether the dedication is done with or without consent of the dedicated persons.
Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989
Penalty of imprisonment for three years and fine are stipulated in respect of anyone, who performs, promotes, abets or takes part in Devadasi dedication Ceremony.
The project AASARA was also launched in Nalgonda in Andra Pradesh in April 2005 to combat the trafficking in women.
Goa Children’s Act, 2003
Trafficking is specially defined;
-Every type of sexual exploitation is included in the definition of sexual assault;
-Responsibility of ensuring safety of children in hotel premises is assigned to owner and manager of the establishment;
-Photo studios are required to periodically report to the police that they have not sought obscene photographs of children;
-Stringent control measures established to regulate access of children to pornographic material.
International laws lay down standards that have been agreed upon by all countries. By ratifying an international law or convention or a covenant, a country agrees to implement the same. To ensure compatibility and implementation, the standards set forth in these international conventions are to be reflected in domestic law. Implementing procedures are to be put in place as needed and the treaties must be properly enforced.
The following are the most important International Conventions regarding trafficking of children:
1. The Convention on the Rights of the Child, 1989.
2. The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000.
3. The Convention on the Elimination of All forms of Discrimination against Women, (CEDAW) 1979.
4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
5. Declaration on Social and legal principles relating to the Protection and Welfare of Children, with special reference to Foster placement and adoption Nationally and Internationally, 3 December, 1986.
6. SAARC Convention on Regional Arrangement for the Promotion of Child Welfare, 2002.
7. Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (2002).
Prevention of human trafficking requires several types of interventions. Prevention as a strategy to combat trafficking has to focus on areas of sensitization and awareness among the public, especially those vulnerable pockets of trafficking at source areas as well as convergence of a development services to forestall conditions responsible for it.
Role of State
-Government at local level and source areas should create compulsory high quality education, employment opportunities and income generation programme.
-Government should produce relevant IEC materials; promote sensitization programmes for teachers in government schools, parents and community workers.
-Government should include gender centred education curricula in schools and introduce subjects of child sexual abuse and trafficking.
-The government of different nations must share the information with each other to evolve a programme that will help both the countries in preventing trafficking.
Role of NGOs
-The community should be sensitized about trafficking the community members should be motivated to keep a watch in the community for irregular movement of child victims to and from area their possible traffickers and hideouts.
-NGOs working in the rural areas should ensure that parents are aware of safe migration practices.
Role of Media
-Media attention reaches several hundred thousand viewers and should therefore serve the following important functions:
-The media should transmit appropriate message to ensure that the victims learn that they are not alone.
-Victims can be made aware of places and institutions where they can seek help.
-Create awareness that human trafficking is inappropriate and illegal and has negative consequences.
-Wide publicity should be given regarding the legal, penal provisions against trafficking and the modus operandi of the traffickers through radio, television etc.
Awareness and Advocacy
-Awareness and advocacy is required at the policy level i.e. National Planning Commission, bureaucrats, politicians and the elite of the society. Awareness at the local level, in the community through workshops, songs, drama, poems, meetings, leaflets and posters especially in the rural areas is also required.
-The role of gender in daily life and training programmes and activities for gender sensitization must be conducted by NGOs. The key to prevent trafficking in children and their exploitation in prostitution is awareness among the children, parents and school teachers.
-The government must launch media campaigns that promote children’s right and elimination of exploitation and other forms of child labour.
-Police advocacy is an important intervention that has to be fine-tuned. Problems relating to the immoral trafficking
1. FAILURE OF IMPLEMENTATION
There has been a failure to implement the aforesaid legislation, which has caused and continues to cause severe injury and prejudice to the victims of prostitution. The legislative deficit is coupled by callousness displayed by the State authorities having failed and neglected to accept responsibility and discharge their duty as mandated by law.
In Vishal Jeet v. Union of India5 there was a PIL against forced prostitution of girls, Devdasis and Joginis, and for their rehabilitation. The Supreme Court held that despite stringent and rehabilitative provisions under the various Acts, results were not as desired and, therefore, called for evaluation of the measures by the Central and State Governments to ensure their implementation. The Court called for severe and speedy legal action against exploiters such as pimps, brokers and brothel owners. Several directives were issued by the Court, which, inter alia, included setting up of a separate Zonal Advisory Committees, providing rehabilitative homes, effectively dealing with the Devdasi system, Jogin tradition, etc.
2 . THE REHABILITATIVE MEASURES GIVEN TO THE CHILDREN OFTHE TRAFFICKED WOMEN AND THE CHILD PROSTITUTES
In Gaurav Jain v. Union of India6 the Supreme Court passed an order, directing inter alia, the constitution of a committee to make an in-depth study of the problem of prostitution, child prostitutes and children of prostitutes, and to evolve suitable schemes for their rescue and rehabilitation. Taking note of the fact that
"children of prostitutes should, however, not be permitted to live in the inferno and the undesirable surroundings of prostitute homes" (SCC p. 119, para 1),
the Apex Court issued directions to ensure the protection of human rights of such persons. The Court also desired that the ground realities should be tapped with meaningful action imperatives, apart from the administrative action which aims at arresting immoral traffic of women under the ITP Act through inter-State or Interpol arrangements and nodal agency like CBI is charged to investigate and prevent such crimes.
In 1998 the Central Government, pursuant to the directions issued by this Court in Gaurav Jain case6 constituted "Committee on Prostitution, Child Prostitutes and Children of Prostitutes and Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children". In 1998 in a report containing an action plan7, which highlighted the problems in addressing issues of commercial sexual exploitation, detailed recommendations were made with a view to arrest the systematic problem, including issues relating to law enforcement and legal reforms.
Most of the components of the Action Plan have to be implemented at the district level, constituting district-level Committees. The District Committees shall set up an anti-trafficking squad in every district headed by an officer not below the rank of Deputy Superintendent of Police. They shall protect the rights of trafficked persons by providing them with an effective legal remedy, legal protection, non-discriminatory treatment, and restitution, compensation and recovery.
3. THE VICTIMS (THE WOMEN AND CHILDREN SUBJECTED TO SEXUAL EXPLITATION) ARE OFTEN TREATED AS THE OFFENDERS
They intended to ensure that trafficked persons are not treated as criminals but as victims of crime who have suffered serious human rights abuse. Unfortunately, most Governments continue to treat trafficked persons as illegal migrants and criminals, thereby further victimising the victims.
As regards the judiciary, a recent publication of UN says:"The judiciary is one of the most important sectors that need to be sensitized on gender issues and violations of rights of women due to trafficking. An analysis of the attitude of judges reveals a protectionist approach in their judgment of criminal cases against trafficking."The sensitive judges and trial magistrates have ensured victim-friendly ambience in the court, to the extent possible. The proceedings in the court need to be monitored so that even the defence does not indulge in revictimisation and traumatisation of the victims. It is important to note that even when the matter reaches courts witnesses generally turn hostile making it very difficult for the prosecution and the victims to avail justice9
The report of DWCD (Department of women and child developement) mentions:"The judiciary is accused of playing a role in secondary victimization, by its mode of questioning during court procedures, the long tedious legal processes and legal system is seen to be forbidding for victims who seek justice rather than detering those who commit injustice."
4. Loopholes in The Immoral Traffic (Prevention) Amendment Bill, 2006
i. While prostitution is not an offence, practicing it in a brothel or within 200 m of any public place is illegal. There seems to be a lack of clarity on whether prostitution ought to be a legitimate way of earning a living if entered into by choice.
ii. Penalising clients who visit prostitutes could drive this sector underground, preventing legal channels of support to victims of trafficking.
iii. This Bill punishes trafficking for the purpose of prostitution. Trafficking for other purposes (such as bonded labour and domestic work) are not covered by the Bill.
iv. The rank of special police officer, who would enforce the Act, is lowered from Inspector to Sub-Inspector. Such powers delegated to junior officers could lead to greater harassment.
v. The Bill constitutes authorities at the centre and state level to combat trafficking. However, it does not elaborate on the role, function and composition of these authorities.
5. REHABILITATION PROBLEMS
The trafficking involves much extent involuntariness in mobiling the people from known place to unknown place. The laws do not always provide for compensation/rehabilitation allowance from the State or from the exploiter to the victim. This makes it much less risky for organized crime syndicates to indulge in human trafficking. It is also necessary to identify the victims of trafficking and the reasons for their vulnerability – their age and gender, the regions from which they are trafficked. Social, economic or political compulsions including local customs which make these victims vulnerable to traffickers and the impact of national calamities on vulnerability. It is, therefore, necessary to keep the focus on the victim, the need for preventive measures, for early rescue operations, proper law enforcement, measures for rehabilitation of the rescued and the fixing of responsibility for rehabilitation and reintegration. The trafficking in person’s report, 2002, released by the US State Department (Office to Monitor and Combat Trafficking in Persons) indicated India of not doing enough curb to trafficking.
Despite of having so many provision and various statutes the trafficking is not eliminated from the world. The various conditions forces the victim to succumb to this evil. Along with this it is prevalent in the society from the ancient times so its difficult to combat trafficking.
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