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INTRODUCTION
1.1. INTRODUCTION
Trafficking of human beings is a hateful act and violation of, Natural Rights,
Fundamental Rights and also human rights. It is the trading of human misery and
depression. It violates the right to life, the right to liberty and to live with human dignity
along with several other forms of human rights. There is constant rise in trafficking of
human being yet, the redressal mechanisms are not sufficient.
Incontrovertible is the fact that trafficking in women and children, an obscene
affronts to their dignity and rights, is a gross commercialization of innocent human lives,
indulged in by organized criminals, and is arousing concern worldwide. Trafficking
violates all known canons of human rights and dignity. In this world of tragic and
complex human abuse, women and children form a particularly vulnerable class. In the
existing social scenario in India, vulnerability is a product of inequality, low status and
discrimination as well as the patriarchal and captivating authority unleashed on children,
especially the girl child. All of this is further compounded by an apathetic attitude of
society fueled by a mindset which views women as mere chattels. With no freedom of
choice and options for a life with dignity, these hapless women and children are merrily
trafficked and exploited forcing them to lead a life crippled with disgrace, social stigma,
debt bondage and a host of ailments including HIV/AIDS. 1 The sheer scope of the
problem of trafficking defies description. Every year hundreds of thousands of people,
perhaps even more are trafficked, sold, forced, or otherwise coerced into situation of
exploitation from which they cannot escape. These Individuals are commodities of a
transnational industry which generates billions of dollars and almost without exceptions
operate with virtual impunity.2
Trafficking in its widest sense includes not just exploitation of others or forms of
sexual exploitation, it also includes forced labour or services, slavery or practices similar
to slavery or trade in human beings for removal of organs. It also violates right to health
and health care , right to liberty and security of person, right to freedom from torture,
1
Shanker Sen, PM Nair, “A report on Trafficking in women and children in India “NHRC-UNIFEM-ISS
Project, (2002-2003)
2
Mary Robinson , A Voice for Human Rights, 91 (2007)
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violence, cruelty or degrading treatment. It violates for children who have been
trafficked, or victims of child marriages and deprive of self-determination.3
Trafficking in women and children is arousing concern worldwide many factors have
contributed to the expanding trade in human beings, whether for sexual exploitation or
for a labour and services or for activities such as camel jockeying or begging. Bells
started ringing when it was realized that transnational organized criminal syndicates were
behind trafficking which has generated for such criminal syndicate earning comparable
to those in the clandestine drugs trade or illicit supply of arms in India, the young age at
which victims are now trafficked at the age of 10 to 12 is another cause of concern.4
Human trafficking is an egregious human rights violation that occurs throughout
the world. Due to its complex cross-border nature, human trafficking requires a
coordinated, multi-disciplinary national and international response.5 Trafficking in
human beings, more so in women and children, is one of the fastest growing forms of
criminal activity, next only to drugs and weapons trade, generating unaccountable profits
annually. The reasons for the increase in this global phenomenon are multiple and
complex, affecting rich and poor countries alike.
India is no exception to this. The source areas or points of origin are often the
more deprived places, regions or countries, and the points of destination are often —
although not always — urban conglomerates within or across borders. This, to a large
extent, also signifies that trafficking primarily is a human rights issue for it violates the
fundamental human rights of all those who are trafficked, and analyzing it solely from an
economic lens inevitably masks its human rights dimensions. Moreover, since tools of
economic analysis are designed to explain and evaluate issues in terms of their overall
efficacy, these tools, by and large, are not that well designed to protect and promote the
goals of human rights.
Trafficking is a lucrative industry. It has been identified as the fastest growing criminal
industry in the world. It is second only to drug trafficking as the most profitable illegal
industry in the world. In 2004, the total annual revenue for trafficking in persons were
estimated to be between USD $5 billion and $9 billion.
3
Supra note 1.
4
Judicial hand book on combating of trafficking of women and children for commercial sexual
exploitation www.wcd.nic.in visited on 3rd march 2020)
5
K.V. Impe, People for Sale: The Need for a Multidisciplinary Approach Towards Human Trafficking,
38(3) INT’L. MIG. 113, 122 (2000).
2
India happens to be source, destination and transit route for trafficking of women
and children. Studies have shown that the traffickers are well equipped with
sophisticated communication technology and work in close network and secrecy, that it
is difficult to break the nexus. They also keep changing their bases and routes to escape
from being caught. Even if caught, they use to escape themselves by using legal
loopholes to get away being punished. They also threaten to victim of dire consequences
of incase victim agrees to testify against trafficker. This gets compounded when the law
enforcement agencies and judiciary show insensitivity towards the victim and do not
exercise their power to punish the culprit i.e trafficker. Hence, victim is again victimized
for want of justice and many times, many a times, victim is pushed back into the
prostitution trade by the same trafficker.6
Human trafficking has a history coterminous with that of society and has existed
in various forms in almost all civilizations and cultures. It is a trade that exploits the
vulnerability of human beings especially women and children in complete violation of
their human rights, and makes them objects of financial transactions though the use of
force and duress weather for the purpose of sex, labour, slavery, servitude . In the age of
globalization climate of human rights, the world community has taken a unanimous stand
condemning this gross violation of human rights and has exhorted governments to take
effective action against it.7
In particular, the trafficking of women and children has received the attention of
governments all over the world as well as at a multilateral level. It has been clearly
denounced by the international community as a blatant violation of human rights, a
modern form of slavery, and particular heinous form of violence against women and
children.8.
Trafficking is a complex and multidimensional phenomenon with variety of often inters
related aspects. It is not possible to touch all the area simultaneously. In broad, this study
focuses on: the crime of human trafficking and machinery engaged in preventing and
countering thereon.
The study of existing anti human trafficking law i.e Immoral trafficking
(prevention) Act, 1956 (ITPA) is also a crucial area. Given this, the stages in the process
6
Supra note 4
7
Supra note 4
8
“Colloquium of justice delivery in Human trafficking crimes for judicial officers, prosecutors and police
officers” 15 Nov 2008, visited http://supreme court of India.nic.in
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of trafficking are comprehensively examined. The events in a trafficking chain from the
source areas to their destinations, including the factors that caused re-trafficking are
carefully followed. The role played by the demand factor in trafficking for different
purposes, which had received slight consideration earlier, are also studied in detail.
These are examined in different angles. The source and profitability are also examined to
find out motivation behind demand- the casual mechanism. The study takes into account
the perspective of the trafficked persons, whether they are being subjected to prostitution
or other kinds of abuse. The present study encompasses main area of child trafficking,
women trafficking, forced labour, girl trafficking, sex trafficking and organ trafficking
Human trafficking in its manifestation can be broadly categorized as under:
(a) Trafficking for sex based exploitation, i.e for brothel based and non brothel based
commercial sexual exploitation, pedophilia, sex tourism, pornography, bride system,
disguised sexual abuse in garb of massage parlours, beauty parlours and clubs.
(b) Trafficking for non sex based exploitation , including a huge area of servitude, debt
bondage, forced labour, child labour, and exploitation , which are seen in domestic
servitude , industrial servitude , servitude in entertainment industry (i.e Camel racing ,
circuses) begging, adoption , drug peddling, organ trading, false marriages and other
kind of human trafficking.
Three Ps are most important prevention, protection and prosecution which covered
maximum area of objective. It involves very vital examination of existing laws for
combating trafficking, including national and international law, conventions and protocol
thereof. Special emphasis is laid on analysis of Immoral Trafficking Prevention Act,
1956 with view to search for flaws that lead to ongoing discussion and reformulation of
law.
The common factors with huge inconsistency on which research is highlighted:
(ii) The traffickers are always running one step ahead in the parallel of economy, geared
to insurrection of the legal frame work, and defiant of collective social sense of right and
wrong.
(iii) Non Governmental organizations (NGOs) and Civil Society Organizations (CSOs)
are committed to respond to the misery of victim.
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(iv) The law enforcement and justice delivery agencies including social welfare
ministries/department formed the various unit of study.
Two categories of respondents are questioned i.e victim and those who are actively
involved in combating of human trafficking.
a) Victim included women and girl children rescued from exploitation after being
trafficked; girl children trafficked for labour and other types of exploitation and
who had not been rescued and trafficked victim who are still under captive to
prostitution or other kind of act.
b) Advocates, judges and police officials dealing with such cases are selected from
the last group.
The individual from last category constituted the ultimate units of inquiry. In addition to
these, a limited number of case studies could be conducted in the areas of trafficking for
organ transplants, begging, adoption, camel jockeying and trafficking for false
marriages.
Geographically data has been collected from all metro cities and adjustant cities too.
There are push and pull factors that leads the trafficking of human beings especially
women. Since, advance legal systems as well as legal service are available here; the
system is expected to function at the optimum level.
It is estimated that nearly one-third of the global trafficking trade, or about 20000-
225,000 women and children, are trafficked annually from South-East Asia (Richard,
1999). However, most of this trafficking occurs within the South-East Asian region.
About 60 per cent of the trafficking which occurs is to major regional cities in South-
East Asia and about 40 per cent to the rest of the world (Richard, 1999). Of the 45-50
thousand women and children estimated to be trafficked to the United States,
approximately 60 per cent (30,000) are estimated to originate from South East Asia,
making this region the most important source region in the world for victims of
trafficking to the United States.9
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1.2.1.Meaning of human trafficking
Trafficking-“Illicit and clandestine movement of persons across national borders,
largely from the developing countries and some countries with economies in transition,
with the end goal of forcing women and girl children into sexually or economically
oppressive and exploitative situations for profit of recruiters, traffickers and crime
syndicates, as well as other illegal activities related to trafficking, such as forced
domestic labour, false marriages, clandestine employment and false adoption….”General
meaning of trafficking denotes a trade activities in certain things which is prohibited is
traded, for instance arms trafficking, drug trafficking and humantrafficking.3The terms
‘trafficking’ and ‘prostitution is usually used as synonyms but they are not.
1.2.2.Human Trafficking-
Human being are trafficked for many purposes like domestic servitude, organ
transplantation, beggary, prostitution, false promise of marriage, job opportunities etc. in
this women voluntarily give consent to the false offer made by the traffickers unknown
about the evil consequences. Women are treated as commodity and they are bought and
sold without their consent this leads to dehumanization of womanhood as destiny is
decided by the traffickers.
1.2.3.Prostitution-
In this trade it involves procurers, pimps, brothel-keepers, and the victims. The
income is shared by others who are involved in these illegal activities. All prostitution
need not be the outcome of trafficking. Prostitution is one of the forms of exploitation of
trafficking it may be that women would have voluntarily accepted this profession where
she cannot be considered as trafficked victim, only when her consent was obtained by
fraud, undue influence or threat she can be considered as victim of human trafficking.
United Nations consider trafficking of human beings as movement of people across
borders accompanied by coercion and subjected to considerable human rights violations.
UN Palermo Protocol Article 3(a) defines trafficking in persons shall menthe
recruitment, transportation transfer, harbouring or receipt of persons, by means of 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 of payments or benefits
to achieve the consent of a person having control over another person, for the purpose of
exploitation it is the market – the trafficking in women- that creates the demand, not the
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customers. If there is a plentiful supply of vulnerable women and girls, a profitable
business plan follows: offer the services of young women that cater to any customer at a
competitive price and pay the women little or nothing.
1.3. HYPOTHESIS
a) Are there any constitutional and /or legal provision for life and dignity one
should not be compel to do against one’s will?
b) whether law enforcement and adjudication agencies are playing its role to deal
with activity of human trafficking.
e) Are the victims get justice and enjoy the life as per constitutional mandate
guaranteed by state to person?
f) Whether any changes required in law as various authorities to deal with issue of
human trafficking.
1.4. METHODOLOGY
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The methodology has, therefore, accordingly responded innovatively in devising
and evolving instruments and strategies of research. It is not surprising that reliability
and authenticity of existing data is a matter of concern. This work being an non empirical
research shall be based on secondary data however; it will be supplemented by secondary
sources too.
a) The work is carried out by devising necessary and appropriate research tools to
collect secondary data by authoritative textbooks, journal, magazines.
1.5.OBJECT OF STUDY
An over view of the present scenario reveals that India serve as a source, transit
and destination of sex trafficking. The collaborated and protected network of trafficking
further makes it a complex, multi layered and multi dimensional problem . The object of
study is propounded as :
a) To study the position of woman under Indian laws.
b) To indentify and examine the violation of human rights in perspective of woman.
c) To understand and convince the society at large regarding human trafficking and
demystification of the term, debt bondage, sexual acts and child labour so as to
understand its trends, patterns, network of traffickers and their modus operandi.
f) To understand the trend and pattern of trafficking and also structural and
functional mechanism which reproduces and reinforces the process that
perpetuate.
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h) To analysis the roles and functions of non-Governmental organizations which are
actively involved in combating of human trafficking.
i) To analysis and examine the existing data base and also to prepare new data base.
For the sake of better presentation of entire research work / thesis has been
divided into seven chapters including the introduction and the conclusion. Only the
Supreme Court cases have been taken for the study on different issues concerning the
subject matter.
The First Chapter deals with Introduction introduces the subject. It gives an overall
idea about the entire work in brief. It contains the problems for which the answers are
being sought in subsequent chapters. The Second chapter deals with Historical
background of human trafficking introduce the subject. Nature and Scope of
Trafficking, Historical Background of women trafficking, History of female trafficking
in India.The Third Chapter deals with International convensions relating to human
trafficking, Introduce the subject. Universal Declaration of Human Rights, International
Covenant on Civil and Political Rights, Convention on Elimination of all forms of
Discrimination against women, The Convention on the Rights of the Child,The Fourth
Chapter deals with Dimension of Human Trafficking. Introduce the subject. Women
Trafficking, Child Trafficking, Forced labour, Slavery and servitude. The Fifth Chapter
deals with Human trafficking: causes and compulsion, Introduce the subject, financial
hardships, Illiteracy Economic Globalization, vulnerbility, Demand, Vulnerabilities
Factors, illiteracy, Causes of Illiteracy in India, Impact of Programmes and Challenges,
poverty, negligent attitude of law enforcement agencies, negligent attitude of law
enforcement agencies, greediness. The Sixth Chapter deals with Rehabilitations of
victim of human trafficking Introduce the subject, Policy on rehabilitation of victim of
human trafficking, Elimination of poverty, Raising of Awareness, Housing Facility,
Formation of central regulatory authority. The Seventh Chapter i.e Conclusion and
Suggestion.
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1.6. Mode Of citation:
I have referred “ILI” citation for footnotes I have referred “MLA” citation for
Bibliography.
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