The Dark Side of The World: Human Trafficking by Ayush Shukla



“The only thing necessary for the triumph of evil is for good men to do nothing.”
                                                                                  -Edmund Burke
January 11th of each 12 months is determined as National Human Trafficking Awareness Day. We all are very acquainted with the term Human Trafficking or it is sometimes referred as Modern-day Slavery which has have become a large exercise in contemporary times from beyond few years. After drugs and arms, human trafficking is the third most heinous global crime. According to a study around 8 lakh people, especially women and children are trafficked all around the world each year. We only wakeup when there is a horrifying blood curdling incidents, we rush to the streets to express our concern, seek stringent laws, and call for death for every criminal in the world in these dastardly acts, but soon enough these incidents are blotted out from public memory until the next horror incident takes over. Despite reports almost every day with time we have become immune to the stories of exploitation of persons in several ways.

INTRODUCTION
The definition of Human Trafficking by United Nations states that “The recruitment, transportation, transfer, harboring, or receipt of persons by improper means (such as force, abduction, fraud, or coercion) for an improper purpose including forced labor or sexual exploitation is Human Trafficking”.
In simple words Human Trafficking may be defined as a enterprise of stealing freedom for profit, or a method of enslaving people by using coercing them into a state of affairs with no way out, for the purpose of exploitation. The term Exploitation consists prostitution of others or other sexual exploitation, forced labour, slavery or practices similar to slavery, servitude or the removal of organs. Human Trafficking is a highly profitable crime in a violation of Human Rights. It occurs in every part of the world, victims can be of any age, race, or gender, but one thing they share is that they are vulnerable to being exploited.
Are Trafficking and Smuggling same?
No, the two terms are not same at all. They are not synonymous. To clarify key concepts one can look at internationally agreed definitions of these two crimes. Trafficking in persons and Smuggling of migrants are two different crimes that require different responses in law both with the regard to the rights of the person who has been the object of one of these crimes. Human Smuggling is the unlawful motion of a person throughout the border, whereas Human Trafficking is the unlawful exploitation of a person.
A trafficked person is someone who is recruited, transported, transferred or harbored for the use of illegal means such as fraud, force, or other forms of coercion for the purpose of exploitation, whereas, Smuggling of migrants is a crime where someone facilitates a person’s illegal entry or stay in a country of which the person isn't a countrywide or everlasting resident, to be able to obtain economic or other material benefits.

Reasons Behind Human Trafficking
When we are talking about the reasons behind human trafficking there are several reasons which contributes to human trafficking. The reasons behind this slavery are very complex and interlinked. The reasons of human trafficking can be religious persecution, lack of employment opportunities, poverty etc.
·         Poverty- Poverty is the first and foremost and even the largest contributor to human trafficking. It makes a person to become a trafficker and it can drive parents to sell their children or other members of family. Human Traffickers often target poor people by offering them huge sum of money, or the way to earn money.
·         Lack of Education- Due to lack of education the opportunities are less to work even for living wages. The persons who do not have proper education many times fails to acknowledge their rights. These consequences are enough for people to be at a greater vulnerability for human trafficking.
·         Social Factors- There are several countries having some cultural and social practices which are major cause of human trafficking. In some parts of the world bonded labour is still acceptable to pay off debt. Some places even have norms of selling children to traffickers especially the poor ones.
·         Lack of Human Rights for marginalized groups- In several nations the vulnerable groups lack institutionalized human rights, which lead to them a step ahead towards human trafficking. Nations where laws doesn’t recognize human trafficking as a crime acts as a punishment to the victims.
Types of Human Trafficking-
Trafficking in humans takes place for the purpose exploitation which in general are categorized as: Sexual and Non-sexual. 
Case Study- Bhavani was a girl from a poor family from the Chithoor district of Andhra Pradesh. At the age of 12 she was married with a person named Amar, but actually it was not a marriage, she was sold to that person by her parents in return of some money. Amar took her to Delhi where she was forced to be prostitute, initially she refused to the same but then they beaten her unconscious until she agreed. The facts of the case mentions that the person (Amar) was married 12 times already. Till the age of 17, she was raped several times, had 5 abortions, she got HIV, and soon she died at the age of 17.  In a country like India, Sexual Exploitation is the most common type of trafficking. For the purpose of this trafficking women and children are used as sexual victims. Approximately 200 girls and women are sexually exploited every day, 80% of them without their will. Sex Trafficking victims are manipulated or forced in opposition to there will to have interaction in sex for money. Any character below the age of 18 involved in a commercial sex is taken into consideration a victim of Human Trafficking. As Sexual Exploitation there are numerous more kinds of human trafficking, a few are discussed under:
·         Forced Labour- Forced labour is any work or service which one has to do against his/her will. The major numbers of victims under this trafficking are from the developing and under developed countries. Victims are pressured to work for very little pay. Internationally around one in five victims of this modern day slavery is children.
·         Trafficking in organs- This trafficking can be done against any person of any age. The trafficking in humans for the purpose of use of their organs is growing rapidly as sexual exploitation. Several countries including India are the victims of this type of trafficking.
·         Trafficking for adoption- Here traffickers use to sold the children of poor people in urban areas by showing their identity as orphans.
·         Domestic Servitude- Under this a person is forced to do household works with the restrictions to move outside. Traffickers sometimes take their (victim’s) important documents or passport or travel documents to limit their freedom.
·         Forced Marriage- A forced marriage is a marriage in which one or both participants are married without their consent or free consent. Forced marriage is also treated as a subject of human rights violation, and child abuse.
Legislative and Constitutional Provisions to prevent and combat Human Trafficking in India-
India has a wide range of laws and provisions enacted by Parliament to combat trafficking in human-
·         Article 23- Prohibition of human trafficking and forced labour:
1.      Traffic in citizenry and beggar and other similar sorts of forced labour are prohibited and any contravention of this provision shall be an offence
·         Article 24- Prohibits the usage of kids underneath the age of 14 years in any factory, mine or different hazardous activities like creation paintings or railway.
·         Section 366A of Indian Penal Code states that if someone, through any manner whatsoever, induces minor woman underneath the age of 18 years to visit any vicinity or to do any act with rationale that such girl perhaps pressured or seduced to illegitimate intercourse with another individual shall be punishable
·         Section 366B of Indian Penal Code states that if someone  imports any woman underneath the age of 21 years into India with cause that such lady perhaps forced or seduced to illegitimate sex with another man or woman will be punishable
·         Section 374 of Indian Penal Code states that if someone unlawfully compels a person to labour against that person’s will, shall be punished.
·        Immoral Traffic (Prevention) Act 1956 Under this act Trafficking is described as an act of recruiting, transporting, transferring, harboring, or receiving someone presumably for the purpose of prostitution till that is proved as amounting to trafficking. Earlier The Immoral Traffick in Women and Girls Act 1956 was enacted with the intention of disposing of immoral trafficking amongst girls and girls, which became in addition amended and renamed as Immoral Traffick (Prevention) Act 1986 or ITPA. ITPA changed into mainly legislated to deal in particular with trafficking.
·        Child Labour (Prohibition and Regulation) Act, 1986
The main objective of the act is to prohibit employment of minor children. Child Labour is illegal exploitation of children below 18 years.
·         The Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill 2018- The Bill protects and rehabiliates infant victims of trafficking. Bill affords the established order of NATB (National Anti-trafficking Bureau) to analyze cases. Punishment for trafficking for bonded labour or begging is imprisonment for 10 years or lifetime imprisonment, and minimum pleasant of Rs. 1 Lakh, or with both.
International Protocols against Human Trafficking-
As trafficking in persons is a transnational crime that needs international operations. The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) guides the foreign governments to legislate laws relating to trafficking.
·         UN Protocol to Prevent, Suppress, and Punish Trafficking in Person, especially Women and Children
·         1949 United Nations Convention for the Suppression of the traffick in Persons and of the exploitation of the prostitution of others.
·         Convention against Transnational Organized Crime, also known as Palermo Protocols:
1.       Protocol to Prevent, Suppress, and Punish Trafficking in Person, specifically Women and Children
2.      Protocols in opposition to the Smuggling of Migrants through Land, Sea, and Air.
·         Principles and Guidelines of United Nations on Human Rights and Human Trafficking, May 2002.
·         The Declaration on the Elimination of Violence Against Women, 1993
·         The Optional Protocol on the sale of youngsters, Child prostitution and kiddie porn, 2002
Facts about Human Trafficking-
·         Globally around 71% of enslaved persons are women and girls, rest 29% are men and boys.
·         The average age of a teen entering the sex trade is 12years in USA.
·         According to the reports Social Media nowadays is playing a vital role in recruiting and advertising targets of human trafficking.
·         In 2018 around 51.6% of overall trafficking in USA is sex trafficking.
·         This business earns around 150 Billion USD a year in which around two-third is generated from commercial sexual exploitation.
·         It is estimated that in today’s world more than 20 million people are engaged in human trafficking.
·         People are even sold on social media and smartphone applications.
·         Children too are forced for begging, as well as child pornography.
Conclusion-
Modern Day Slavery is a hidden crime. Human Trafficking is a highly profitable crime in a violation of Human Rights. We need to bring this crime out in the eyes of the society. As per US Department of Health and Human Services, Human trafficking is the fastest growing criminal industry in the world after drugs and arms because it holds a relatively low risk with a high profit potential, and around 1 million children are exploited by the global commercial sex trade each year. According to some researches, approximately 80% of the trafficking involves sexual exploitation, and 19% involves labour exploitation. Slavery was abolished 150 years ago but yet there are more people in slavery today than at any other time in the history. Around 20.9 million people are trafficked right now. Human Trafficking is the clear violation of Human Rights.  In order to prevent Human Trafficking, the laws must be strengthened that they meet all the requirements to prevent it. Most of the victims of human trafficking are poor and unemployed persons, so Government should help them by providing proper education and employment.
References:
·         www.antislavery.org
·         www.interpol.int
·         Constitution of India, 1950
·         www.businessinsider.com
    
       About the Author- Mr. Ayush Shukla is a law student at SRMU, Lucknow. He can be reached at- [email protected] .alert-info



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