A

Research Paper
On
ROLE OF UNHRC IN GLOBALISED WORLD

Submitted For
Subject Code GEN 105
(RTDA FOR LAW AND JUSTICE IN GLOBALISED WORLD)

Ist Semester
LL.M.
By

AKANSHA VAJPAYEE
04317707018

Supervisor
Dr. Rashmi salpekar
Professor & Dean (VLS)

VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES

GGSIP UNIVERSITY
2018-2019
 A
Research Paper
On
“Awareness and perspective towards human trafficking amongst
adults in Vaishali, Ghaziabad”

Submitted For
Subject Code GEN 101
(RTDA FOR RESEARCH METHODS & LEGAL WRITING)

Ist Semester
LL.M.
By
AKANSHA VAJPAYEE
04317707018

Supervisor
Dr. Rashmi Salpekar
Professor & Dean (VLS)

VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES

GGSIP UNIVERSITY
2018-2019
 DECLARATION

I, AKANSHA VAJPAYEE hereby affirm that the work presented in this research
paper does not contain any work for which a degree has been awarded by any other
university. I further state that no part of my research paper has already been or is
being concurrently submitted for any such degree, diploma or other qualification.

Date: AKANSHA VAJPAYEE

 ACKNOWLEDGEMENT

No work can be completed without other’s help or contribution. The preparation of

presentations of this fumble work encompasses the immense and unlimited help &
sound thought of innumerable people. I wish to extend my sincere thanks to all the
people who have helped and guided me in exploring my talent in bringing out this
project work as successful one. I express my deep & sincere gratitude to my
teacher DR. RASHMI SALPEKAR,Professor (Law), for inspiring guidance,
supervision, expert suggestion & encouragement which helped me to tide over the
hardship encountered during study.

AKANSHA VAJPAYEE
CONTENTS

CHAPTER 1: Introduction
CHAPTER 2: Research Methodology
CHAPTER 3: Research Design
CHAPTER 4: Analysis and Interpretation of data
CHAPTER 4: Conclusion and Suggestions
ANNEXURE 1: Interview schedule for Respondents
INTRODUCTION:

Human trafficking generally means trade of human beings. In other words, treating
human beings like commodity which can be bought and sold in the market.
However, in the transaction of sale the first requirement is that the person selling
any good or commodity has ownership over the property which he intends to sell.
Now the question is- can a human being, become a property of another human
being? With the passage of time, the menace of trafficking in human beings has
grown in large number even in the era where personal or individual freedom is
considered sacrosanct by the civilized society of the world.
Next questions which automatically arise in our mind are- Does human trafficking
really exist in this world? If so, what is the magnitude of human trafficking? For
what purposes humans are bought and sold? Who are the ones being bought and
sold?
Prostitution is commonly referred to as “the oldest profession”, which is,
unfortunately, far from an exaggeration. According to the immoral Traffic
(prevention) Act, 1956, ‘prostitution’ means the sexual exploitation or abuse of
persons for commercial purposes.1 Prostitution in India is 40,000 crore annual
business and thirty percent of the sex workers are children whose exploiters earn a
whopping of which 1, 00,000 are in Mumbai alone, Asia’s largest sex industry
centre. This paper considers whether we ought to legalize prostitution. A brief
history of prostitution is in order to fully understand where the debate on legalizing
prostitution fits into the world. The term ‘prostitution’ may be referred to, when we
discussing case law or legislative text that adopted this term. This research paper
aims at exploring aspects of legalization of commercial sex work in India and

1
https://erlc.com/resource-library/articles/a-vulnerable-approach-to-ending-human-trafficking
whether it is a possibility in light of various social and legal constraints that are
existent in our country. The history of human trafficking in human beings may be
traced to the Greek Civilizations; however, 15th Century marked the start of
European slave trading in Africa with the Portuguese transporting people from
Africa to Portugal and using them as slaves. In 1923, the League of Nations agreed
to initiate a study on the traffic of women and children and suggested to appoint a
group of experts to investigate the situation in cooperation with the governments of
the countries concerned. The issues were (a) were there a considerable number of
foreign women engaged in prostitution in the country studied, (b) was there
demand for foreign countries,(c) from which surroundings the women were
obtained.In 1949, the United Nations Conventions for the Suppression of the
traffic in Persons and of the Exploitation of women and girl for the sex trade. In
2000 the United Nations Protocol against Trafficking in Persons was adopted
and it came into force in 2003.The protocols define trafficking in persons for the
first time. It is only international legal instrument addressing human trafficking as
a crime including all forms of exploitation. It is the first instrument against crime
that balances law enforcement action with the rights of victims. It addresses human
trafficking as a crime including all forms of exploitation.2
In modern world, trafficking in human beings is a multi-billion business and
world’s third largest organized crime after drug trafficking and arms trafficking1.
The most vulnerable victims of human trafficking are women and children. It is
estimated that 70% of the human trafficking is done for sexual exploitation
purposes and the majority of the victims of trafficking fall under the below 25years
age group. Apart from sexual exploitation, trafficking also takes place for forced
labor and organ trade. Newer forms of human trafficking are also on the rise which
may include trafficking for marriage etc.
2
https://www.enotes.com/research-starters/human-trafficking
PLACES WHERE PROSTITUTION IS ALREADY LEGALIZED
Currently there is wide debate on the issue of whether prostitution should be
legalized and whether the pros of legalization outweigh the cons. There are
seemingly many different opinions and approaches to this dispute. Set forth below
is a description of the places in which prostitution is legalized, explanations and
examples of how these places are faring, the cons of legalization and subsequently
the pros of legalization. There are number of places where prostitution is legalized.
One of the most important of those places is the Netherlands. There were 250
officially listed brothels in Amsterdam. Currently, prostituted women pay rent for
shop windows that look onto street.3 The only content of the rented room is the bed
where she has sex, sleeps on, and lives on. Now it is legal to employ only
prostitutes who are over the age of consent and who wish to do the work
voluntarily. The government claims that the legislation of brothels enables them to
exercise actual control over the sex industry and in return counter abuses.

Another place is Australia. Only 10% of the prostitution industry operates in

Australia’s legal brothels, the other 90% operates in underground, illegal sex
markets thick with forced prostitution and human trafficking victims. Since
allowing prostitution, Australia has failed to maintain regulations and standards to
keep the women safe, healthy, and free of abuse. In January 2002, Germany fully
legalized prostitution. Now up to 85% of women foreigners which cast doubt on
the fact that this amount of women could have entered Germany without
facilitation. In Nevada, there exists at least one group, the Nevada Coalition against
Sex Trafficking, which is actively seeking to end legal prostitution.

3
https://www.opensocietyfoundations.org/press-releases/research-papers-shed-light-human-trafficking
So there are many other countries also who has accepted legalization of
prostitution but some other countries did not accept it fully.

CAUSES OF TRAFFICKING:
There are many factors which increases human trafficking. Poverty is the main
cause of human trafficking however; it is not the only cause. Various factors such
as lack of resources, lack of human and social capital, social insecurity, gender
discrimination, commodification of women, social exclusion, marginalization,
inadequate and outdated state policies, lack of governance, nexus of police and
traffickers, unemployment, breaking down of community support system, cheap
child labor, child marriage and priority to marriage, attraction of city life,
corruption, employment, trade, migration policies conflict and lack of awareness
among the victims are also some of the factors leading to the human trafficking.
Further, the decreasing sex ratio and the increasing demand of women in women
starve areas would also been considered as a factor behind bribe trafficking in
India. There are also certain other factors that are responsible through direct and
indirect means and mode but, all kind of these push factors forced the victim to get
further exploitation vulnerabilities and to become an element of this modern kind
of slavery throughout their life span. It is to be noted that the worst victim of
human trafficking are women and children of tender age.4 The demand for
trafficked women and children is in majority for sexual exploitation purposes.
Thus, it is important to understand that, to curb the menace of human trafficking,
one of the important areas is to ensure that legal system of a country does not
approve practices amounting to sexual exploitation of women and children.

4
https://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.1002437
There are also certain other factors that are responsible through direct and indirect
means and mode but, all kind of these push factors forced the victim to get further
exploitation, vulnerabilities and to become an element of this modern kind of
slavery throughout their life span.

THE “PROS” OF LEGALIZING PROSTITUTION

There are many anti-legalization arguments for prostitution that the ‘pros’ of
legalization outweigh the cons for example, those who fight for prostitution being
legalized will argue that it will reduce trafficking, bring the sex industry under
control, regulate prostitution activities, remove prostitution from the street, end the
prostitution of children because child prostitution becomes unnecessary if adults
can prostitute legally, protect women in the industry from abuse and violence
because now it is no longer against their will and they will voluntarily engage in
sexual acts. They argue that it would promote women’s health because men ‘must’
wear condoms and women must get health checks.1They argued that it would
enhance women’s choices because now women would be free to choose whether
they want to be a part of the sex industry and offer them the opportunity to be self-
employed.

Another argument says if prostitution is legalized in India, the rape rate would
decrease by roughly 25% for a decrease of approx. 25,000 rapes per year.2 Also,
that sex work is legitimate work and problems within industry are not inherent in
the work itself. It is vulnerability, not sex work, which creates victims. Sex
workers should enjoy the same labor rights as other workers and the same human
rights as other people.
Voluntary prostitutes themselves are also obviously advocates for legal
prostitution. An argument can be made for why it is illegal to change for what can
be freely dispensed. It has been argued that sex work is no moral or immoral than
the chocolate or distilling industries. Marjanwijers explains in his book that
‘criminalizing the sex industry creates ideal conditions for rampant exploitation
and abuse of sex workers.

It is believed that trafficking in women, coercion and exploitation can only be

stopped if the existence of prostitution is recognized and the legal and social rights
of prostitutes are guaranteed.

THE “CONS” OF LEGALIZING PROSTITUTION

The arguments are endless for the cons of prostitution. However, the cons
outweigh the pros significantly. One of the many cons of legalizing prostitution is
that it actually promotes illegal sex trafficking.1 it only expands sex industry
instead controlling. And not only it expands, but also increases hidden prostitution.
For example, the sex industry now accounts for 5 percent of the Netherlands
economy. Over the last decade, as pimping became legalized and then brothels
decriminalized in the Netherlands, the sex industry expanded 25 percent. At any
hour of the day, women of all races and ages, dressed in hardly anything, are put
on display in the notorious windows of Dutch brothels and sex clubs and offered
for sale- for male consumption, most of them are women from other countries who
have in all likelihood been trafficked into the Netherlands. Another argument says
that it will increase child prostitution.5 An Amsterdam-based Child Right
Organization estimates that the number of the children in prostitution has gone
from 4,000 children in 1996 to 15,000 children in 2001, and at least 5,000 of the
children are from other countries. There is also increased evidence of organized

5
http://theconversation.com/us/topics/human-trafficking-6044
commercial exploitation of children in Australia. If prostitution is legalized, then it
will also increase hidden prostitution. It increases for many reasons. To start, it
makes women register. Many women don’t want to register and undergo health
checks as required by law in certain countries where prostitution is legalized
because they don’t want to lose their anonymity. Therefore, legalization often
drives them into street prostitution and many women choose street prostitution
because they don’t want to avoid being controlled and exploited by the new sex
businessmen. Legalizing prostitution does not promote women’s health. A CATW
Study reported that 47% women stated that men expected sex without condom and
they offer more pay for sex without condom. The safety policies in many legal
brothels simply don’t protect them from harm. Women who work in these brothels
have indicated that they were abused by buyers, brothel owners, and even their
friends.

Legalizing prostitution doesn’t enhance women’s choice. For most women, it is a

n involuntary way of making ends meet. A 2009 article in the Guardian stated that
some brothels ‘impose some extraordinary restrictions on commercial sex workers’
in order to ‘separate sex workers from the local community’. It was noted that
there are brothels that will forbid prostitutes to leave the worksite for extended
periods of time. Some require that the prostitutes leave the country when they are
not working. Most women in prostitution did not make a rational choice to enter
prostitution; rather such choices are better termed survival strategies. Legalizing
prostitution takes away from family values. Not only does legalizing prostitution
hurt women and children, but it also hurts families.6 What legalizing prostitution
does it create in increase in infidelity, which, in turn, creates increase in divorce?

6
https://www.antislavery.org/slavery-today/human-trafficking/
For every argument insisting legalizing prostitution is the better choice, there is a
stronger counter argument. Not only is there a stronger argument, but there are
clear examples in the countries and places that have legalized prostitution showing
that legalization is not the solution. Legalizing prostitution in these areas has led to
more problems than had the matter been left alone and kept illegal. Legalization of
prostitution is undoubtedly the wrong decision.

Data and Methodology

The field of the study is the residence of vaishali (sector -1). Out of total number of
people living, 10 people were selected as the sample for the study.

Based on the scope and objectives of the research, I have adopted a predominantly
qualitative methodological approach. Four qualitative research methods were
employed: a literature review, case studies, interviews and a legal framework
analysis. Findings from the literature can be found through the report served to
identify the causes of human trafficking and prostitution and what will be the
impact of legalizing the prostitution.

Research Design

This paper investigates the impact of legalized prostitution on human trafficking

inflows. According to economic theory, there are two opposing effects of unknown
magnitude. The scale effect of legalized prostitution leads to an expansion of the
prostitution market, increasing human trafficking, while the substitution effect
reduces demand for trafficked women as legal prostitutes are favored over
trafficked ones. Our empirical analysis for a cross-section of up to 150 countries
shows the scale effect dominates the substitution effect. On average, countries
where prostitution is legal experience larger reported human trafficking inflows.

Objective of the Study

 To explore the definition of human trafficking and prostitution in both

practice and theory.
 To critically analyze the existing conflict through extensive case study.
 To understand the legalization aspects of prostitution.
 To know about the consequences for legalizing prostitution in India.
 To suggest certain steps to fight against human trafficking and prostitution.
 To recommend ways to resolve conflicts in the applicable law.

Research Hypothesis

1) Young girls are more victim than the middle aged women
2) Increase rate of employment for women decrease human trafficking
3) Collective efforts once again to abolish the practice of human trafficking
4) Aggression is caused due to frustration
5) More literacy rate less rate of crimes
ANALYSIS AND INTERPRETATION
Master Chart

No. of Number of questions

respondent Q1 Q2 Q3 Q4 Q5 Q6 Q7
1) 1 2 1 1 1 2 1
2) 1 1 1 1 1 1 1
3) 1 1 2 1 1 1 1
4) 2 1 1 2 1 1 1
5) 1 1 2 3 2 1 2
6) 2 1 1 4 2 1 3
7) 1 1 1 4 1 1 1
8) 1 2 2 2 3 1 1
9) 1 2 2 2 1 1 1
10) 1 1 1 1 1 1 3
11) 1 1 1 1 3 1 1
12) 1 3 1 1 1 1 2
13) 1 2 1 1 2 1 2
14) 1 2 1 2 1 2 2
15) 1 1 1 1 1 1 2
1. Do you believe human trafficking exists in your area?

NO. OF 1) YES 2) NO
RESPONDE 11 4
NT

ANALYSIS: - out of seven respondent 11 believe that human trafficking exist in

research area.

29%

YES
NO

71%
2. Is human trafficking the same thing as slavery?

YES NO

10 5

ANALYSIS:- out of 15 respondent 10 respondent says human trafficking is same

thing as slavery and one respondent says it is not.

28%

yes
no

72%
3. Educational status of victim of human trafficking ?
1) Illiterate
2) Primary
3) Secondary
4) College

Illiterate Primary Secondary College

13 2 - -

ANALYSIS: Out of 15 respondents 13 respondents were illiterate and 2

respondents has primary educational status.

0%

29%

illiterate
primary
seondary
college

71%
4. Marital Status :
1) unmarried
2) married
3) separated
4) divorced
Unmarried Married Separated Divorced
11 1 1 2

ANALYSIS:- out of 15 respondent 11 respondent were unmarried 1 was

married 1 was separated and 2 were divorced.

29%

unmarried
43%
married
separated
divorced

14%

14%
5. What mode of transport used for human trafficking?
1) Car/van/truck
2) Railway
3) Buses
4) Two-wheeler

Car Railway Buses Two-wheeler

10 - 4 1

Analysis:- Out of 15 respondent 10 respondent were kidnap in car and 4

were in buses and 1 by two wheeler.

14%

car/van/truck
railway
buses
29% 57%
two-wheele

0%
6. Does legalized prostitution increase human trafficking?
No of 1) Yes 2) no
respondent
14 1

ANALYSIS:- Out of 15 respondent 14 respondent says yes and 1

respondents says no.

15%
0%
yes
12%
no

73%

7. What are the reasons for non-stoppable trafficking?

1) Inadequate law
2) Poor law enforcement
3) Negligible penalties
4) Corruption
Inadequate law Poor law Negligible Corruption
enforcement penalties
- 8 2 5

ANALYSIS:- Out of seven respondent 4 respondent were says poor law

enforcement and 1 said negligible penalties and 2 respondent were said
corruption.

0%

29%

inadequate law
poor law enforcement
57%
negligible penalties
14% corruption
CONCLUSION

Legalizing of prostitution is not the best way to go forward in tackling the

problem of human trafficking and the necessary social evil of prostitution. In
India, with such diverse societal ingredients, sex work has survived in
parallel with the society where it is looked down upon due to the degrading
aspects of the profession. Sex workers across the country, especially in
major cities, have been largely limited to a particular area where thousands
of sex workers live as a community. Provisions such as licensing,
registration with local police and local municipal bodies will not be possible
until the stigma attached with sex work is done away with. For this, the
police need to be further sensitized to the field of sex worker and they need
to respect the human rights of such sex workers. The legislature first needs
to provide all the basic human rights of these sex workers that are
guaranteed under international law and municipal law. Their social
conditions need to be uplifted; they have to rehabilitate and trained to
transfer to better paying jobs where they are given dignity and reasonable
support. With legalization, the sex workers’ problems will just worsen and
prostitution will be further entrenched into our society without the way
getting out of it. A distinction need to be made between sex workers who
have taken up the profession voluntarily and who have been or are being
forced into this profession. Booth sections are to be looked after with the
latter requiring immediate proactive support. They need to be given life
insurance and voter’s rights. Only when the complicity of the policemen and
the brothel owners is broken off and the nexus between them is annihilated,
will the sex workers have a say in their own matters. The best way to go
ahead for India will be decriminalization of prostitutes and criminalization
of brothel-owners along with penalizing demand in front of the consumer of
sexual services. The sex workers needs to be rehabilitated with State
protection and care and has to be relocated to another sector of the industry
with proper training.
QUESTIONNAIRE

Q1. Do you believe human trafficking exists in your area?

1) Yes
2) No

Q2. Is human trafficking the same thing as slavery?

1) Yes
2) No

Q3. Educational status of victim of human trafficking?

1) Illiterate
2) Primary
3) Secondary
4) College

Q4. Marital Status :

1) Unmarried
2) Married
3) Separated
4) Divorced

Q5. What mode of transport used for human trafficking?

1) 1)Car/van/truck
2) Railway
3) Buses
4) Two-wheeler
Q6. Does legalized prostitution increase human trafficking?
1) YES
2) NO

Q7. What are the reasons for non-stoppable trafficking?

1) 1)Inadequate law
2) Poor law enforcement
3) Negligible penalties
4) Corruption