HUMAN TRAFFICKING IN INDIA
Trafficking means a trade that is prohibited by law. Human trafficking can be defined as a trade of humans. Humans are trafficked for sexual slavery, commercial sexual exploitation, extraction of organs or tissues, forced marriage, forced labor, or domestic servitude, etc. Human trafficking after drugs and also the arms trade is the third-largest organized crime across the globe. Human trafficking across the world is mainly done for sexual exploitation where women and children turn as victims to that. Human trafficking is done for several purposes but sadly in our country the act which exists against human trafficking is Immoral Trafficking Prevention Act (ITPA) and it only combats against human trafficking if it’s done for sexual exploitation. So, the legal provisions concerning human trafficking as a whole must be strengthened to balk human trafficking in India. There are international conventions for preventing human trafficking of which more of the countries have ratified. Human trafficking results in a violation of the human rights of the individuals and also, they’re subjected to revictimization. The laws for human trafficking must be strengthened that it meets all the necessities for preventing human trafficking. people that are at the poverty level across the country must be made aware of human trafficking and its consequences to stop them from becoming victims.
REASONS FOR HUMAN TRAFFICKING
There are many reasons for human trafficking. they’re determined by political, economic, and cultural factors. Trafficking in persons is like the doctrine of supply and demand. Firstly, there are certain factors in the country like the need for employment, poverty, social conditions, instances of armed or war conflicts lack of political and economic stability, lack of proper access to education and knowledge, etc. Secondly, in developed and wealthy countries there’s a demand for cheap products, cheap labor, and low-priced services. The organized crime groups have found an opportunity for creating huge profits by connecting the availability and demand that by clubbing the primary and the second instances. These reasons lead to an increased in-migration but a condition of restricted migration due to numerous policies. People use smuggling channels for human trafficking. Exposing themselves to exploitation, deceit, violence, and abuse.
CONSEQUENCES OF HUMAN TRAFFICKING
The victims in the process of trafficking in persons are abused and exploited in certain conditions which can result in short-term and long-term minor and severe psychological and physical attacks, diseases especially sexually transmitted diseases or HIV viruses, etc. This condition can even cause permanent disability and death. The main consequences of human trafficking are aggression, depression, disorientation, alienation, and difficulties in concentration. It has been seen in many studies that injuries and traumas acquired during the process of trafficking can last for a long period even after the person has become free from exploitation and this mainly occurs when the victim isn’t given proper care and counsel. Even the rehabilitation process for the victims can’t be guaranteed a precise result. Although the victims are brought out from the physical problems, the trauma, and therefore the psychological problems don’t allow the victim to recover from the implications. some of the victims find it difficult to adapt to the normal lives that they previously dole out. The worst part about the victims of human trafficking is that the rights of the victims are violated even after they come out from the status of exploitation. In many cases, it is seen that they face re-victimization. In many countries, the protection provided to the trafficked people is directly conditioned by their willingness to cooperate with the competent authorities. But this conditional protection is contrary to the full access and protection of human rights and the use of trafficked persons as an instrument in the criminal proceedings isn’t allowed.
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LEGAL FRAMEWORKS FOR HUMAN TRAFFICKING IN INDIA
- Indian Penal Code 1860: The Indian Penal Code,1860 addresses the problem of human trafficking in human beings. It is addressed in Section 370 and 370 A of the Indian Penal Code. It prohibited the trafficking of women and girls and prescribed ruthless punishments for the criminals. It also lays down that anyone who buys or sells the person under the age of 18 years for prostitution and sexual exploitation and other immoral purposes shall be liable to imprisonment for up to 10 years and also be liable to fine.
- Constitution of India, 1949: The Indian Constitution, prohibits trafficking in persons and guarantees various human rights norms such as the right to life and personal liberty, the right to equality, the right to freedom, the right to constitutional remedies.
- The Juvenile Justice Act, 2000: According to this Act, there is no difference between a minor and a child. All the persons under the age of 18 years are considered children. A child who is a child in need of care and protection.
- The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 3 of this act deals with atrocities committed against people belonging to Scheduled Caste and Scheduled Tribes. It covers some forms of trafficking such as forced or bonded labor and sexual exploitation of women. Minimum punishment of six months is provided which may extend to five years if the offense is covered under section 3.
The domestic legislation for combating human trafficking in India must be strengthened that it must combat all forms of human trafficking.
· The National Human Rights Commission must conduct extensive research throughout the country and should contribute towards the implementation of an effective law for human trafficking. The rights of women and children guaranteed by the constitution must be ensured to women.
· The migration aspects from one country to another must be strengthened to prevent the crime of human trafficking
· Many more rehabilitation centers must be established for the welfare of the victims.
· Not alone women and children but also men must be given adequate means of education and employment which would greatly contribute to preventing human trafficking.
The laws for human trafficking should be strengthened so that it meets all the requirements for preventing human trafficking. People who are in poverty line across the country must be made aware of human trafficking and its consequences to prevent them from becoming victims. The vulnerable sections of society must be protected by the government so they don’t fall as victims of human trafficking. The victims of human trafficking are mostly seen as only the persons from below the poverty line therefore the offense of human trafficking may be greatly prevented if the Government helps the poor sections of the society and provides them with adequate education and employment.