BY- MANSI VATS
Human Trafficking is a human tragedy. It’s an outrage against any decent people- Mark Shields
In the history of mankind it has always been found out that women are the major sufferers of every kind of exploitations whether it is Harassment at workplace, or facing violence after marriage, facing restrictions at home. Moreover, when we talk about refugees, women are the most affected gender. According to International Organization for Migration, It was found out that more than 70% of the detected trafficking victims are women. Today we face major Human Rights violation against women. According to National Crime Records Bureau (2013) there is an increase of 10.9% in human trafficking reported incidence. 3,940 cases in 2013 as compared to 3,554 cases in 2012. Due to the high demand in the market, women and girls are trafficked and it’s a shame to say that they are sold on price fixed on basis of their age and beauty. Women are sold for several purposes like forced labor, bonded labor, surrogacy, organ transplantation etc. According to NCRB crime records in our country women are trafficked mainly for sexual exploitation reason being lack of proper coordination among the government and law making bodies, that’s why the criminals are roaming free in the country without any fear of punishment.
MEANING
The general meaning of trafficking means that some trade activities which are illegal and are prohibited for trade, for example- drug trafficking, arms trafficking and human trafficking.
Human Trafficking per se is used when human beings are trafficked for many purposes like organ transplantation, prostitution, job opportunities, false promises in marriage etc. Therefore, circumstances are made as such women voluntarily give consent without knowing the consequences for the same. They are treated as commodity and sold without their consent to different places. This eventually leads to dehumanization of the women society as their fate then goes into the hands of traffickers.
ELEMENTS OF HUMAN TRAFFICKING
Certain elements are involved in the commission of offence like-
a. The act must include recruitment, transportation, transfer, or harboring;
b. The means which is adopted to accomplice the task which can be threat or use of force, coercion, abduction, deception, fraud, abuse of power or vulnerability or giving payments or benefits to a person who is in control or in charge of the victims;
c. The form of exploitation should include any form of exploitation whether it is forced labor, domestic servitude, prostitution, slavery or organ transplantation.
Therefore, when all the above specified elements are present it can be said as human trafficking offence has been committed and human rights have been infringed of victims.
DIMENSIONS
NGO’s estimates, Human Trafficking in India may affect between 20 and 65 million people.
In the year 2018, India has been coined as “the world’s most dangerous country for women” ahead of countries like Afghanistan, Syria and Saudi Arabia. The survey was widely criticized by India with questions arising as how countries like Afghanistan and Saudi Arabia, those who have granted lesser rights to women can have lower incidents than India and how have they managed to perform better. The National Commission for Women rejected it and discussed that rape, trafficking and other amount of violence against women have been increased in India as more cases are reported due to public outrage.
In the year 2004, Indian Government’s Ministry of Women and Child Development had estimated the total number of persons who were actually trafficked for commercial sexual exploitation which is to be around 2.8 billion and around 3 million were the prostitutes in the country. Trafficking is also said to be “acquiring grave dimensions worldwide if we talk in the context of globalization”.
INDIA’S STATISTICS
In the year 2010 “The Trafficking in Persons Report (TIP) states that India is a source, transit and destination country for men, women and children subjected to trafficking in persons, specially forced labour and commercial sexual exploitation.
The forced labour of an estimated 20 to 65 million citizens constitutes India’s largest trafficking problem. Men, women and children in debt bondage are forced to work in industries like brick kilns, rice mills, agriculture, and embroidery factories.
According to Trafficking in Persons Report 2015, many Indian women trafficked out end up either in the Middle East for sexual exploitation or in Europe, the USA”. According to International Organization for Migration, it is estimated that there are 32.5 million international migrants in Asia out of which our country India has the maximum number of 5.4 million in the year 2010.
In the year 2016 “According to the report (NCRB) there is a growth of 25.8 percent cases of human trafficking. In the year 2014 total 5,466 cases were reported but then in the year 2015 it is increased to 6,877 cases. The following states altogether form over 56 percent of India’s trafficking cases are; Assam-21.7 percent, West Bengal- 18.2 percent, Tamil Nadu-8.4 percent, Telangana-8.2 percent”.
FACTORS RESPONSIBLE
Personal circumstances- include peer pressure, drug abuse, fragile relationships, marital-discord, forced labor etc.
Structural factors –include Globalization, privatization, withdrawal of subsidies, economic crises, promotion of sex tourism etc. Studies by CSWB and others have revealed that most trafficked women are unmarried, divorced, separated or widowed . The culture of materialism, commodification and commercialization of sex deform family needs and individual fantasies.
In People’s Union for the Democratic Rights v. Union of India,
Supreme Court defined the word “Force” which not only includes physical or legal force but also includes force arising out of the economic or compulsion circumstances. It makes a person hell-bent as it leaves no choice of alternatives to fulfill his wants. The situation provides service even though the salary or the wages received is less than the minimum wage.
Perpetuating factors include corruption, minimal chances of prosecution; lack of government’s will in forming the policies and making adequate measures and laws for the victims. It has been expressed that people who take a strong stand against trafficking are very less. It becomes difficult to take action because everyone is unified (Trafficking camp). The families who are profited by the same are also hesitant to talk.
Other factors contributing are Illiteracy, unemployment, poverty, domestic violence, gender inequality, natural disaster, migration conflicts and economic uncertainty.
IMPACT OF HUMAN TRAFFICKING
• Social – it’s very difficult for a woman survivor to open up in a country where they are treated as an ‘object’ of amusement and pleasure. The survivors are not accepted by the society which eventually leads them into no means of income. Hence, they are compelled to voluntarily accept to be trafficked.
• Economic- Human trafficking is an illegal and hideous act because of which traffickers gain large amount of profit escaping any tax liability.
• Health Impacts- it’s a harsh reality but true that trafficked victims undergo psychological trauma, stress, anxiety and depression. In some cases they are prone to sexually transmitted disease (STD’s) such as HIV/AIDS. Therefore it becomes difficult to rehabilitate them as the diseases are not completely cured.
• Custom impact- Being a patriarchal society it is very difficult for a trafficked survivor to live. Even in the 21st century the society is bound by their own rules and regulations and various customs in the name of values. Society expects a woman to be a virgin and should devote her body and soul purely with honesty. This type of mentality is not expected in case of men and this mind set has to be changed. As criminals are not born but made similarly before giving a tag to a survivor and branding them as violators or offenders of our stringent unlawful customary practices , it’s a high time that it should to be taken into consideration and should be eradicated completely.
CONCLUSION
Human rights and women rights have become an utmost priority and hold utmost importance. They are inalienable and inseparable rights and can be called as fundamental rights because they are essential for survival. Empowerment of woman is need of the hour as an equal status must be given to her without any means of exploitation. A proper enforcement is required in a way people should respect human rights. The law makers should emphasis more on women rights and respect and promote its culture in public so that this problem can be tackled in a greater extent.
NGOs and social workers also have to play an integral role in curbing this issue by providing legal-aid and legal education at grass root level. The need of the hour is to identify the lacunae in the legislation and other causes which are responsible in the failure of this menace. Stringent steps have to be taken to find out the loopholes as number of women trafficked is growing at alarming rate. This has become a global concern as every country has been affected as origin, transit and destination place for all the trafficking activities.
Track record should be kept every year and strict rules should be formulated at Airports, Bus stops so that women are not transported to other countries. Also, hideous and rural places must be kept on check on regular basis to avoid any kind of exploitation and forced labor. Awareness should be made in a more profound manner, every village should be educated. Therefore, Government should start a volunteering program where every group of volunteers reaches backward areas and educate people through different modes of teaching. This will not only help in awaking the masses but they will be aware about the consequences as well.
Where dowry is a commodity, same way society treat woman as a commodity just to relieve a burden from their head. Women should not be treated as a liability and to make sure they accept and respect them as an asset. Society should see women through an unfiltered glass.
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