Article / Law

Human Trafficking as Violation Of Human Rights

Authors – Soham Tayal & Himanshu Sharma

Study Of  International And Indian Law

Keywords – Trafficking, Human Trafficking, Preventive measure, Causes and modes 

Abstract 

The focus on trafficking as an issue of illegal immigration or prostitution is claimed to still  dominate the discourse of trafficking Victim concerns. The root causes or vulnerability factors  of human trafficking, such as structural inequalities, culturally sanctioned practices, poverty  or economic insecurity, organ trafficking, bonded labour, and gender-based violence, are  exacerbated by corruption and academic and remain unrecognized in political field. 

This is a serious threat to global health as well as safety. It is a cross-border crime whose scale is  expanding day by day. Each year men, women and children are trafficked worldwide. This is the most devastating physical and psychological trauma experienced by men, women and their  children of any age. Human trafficking has long links of international organizations, but the  legal tools to operate across borders and build a global trafficking hotline network to provide  essential assistance to victims in need are lacking. These actions include sharing practices on anti-trafficking strategies that form a chain of common patterns focused on eradication,  prevention as well as victim protection to combat the devastating phenomenon of trafficking has  proven inadequate and human trafficking continues to thrive. Human trafficking is a complex  problem, and its definition, causes and solutions are the subject of intense debate from many  different groups.¹ 

Introduction 

Human trafficking is generally understood to mean the process of placing or maintaining a  person in exploitative conditions for economic gain. Human trafficking may occur within a  country or involve cross-border movements. Women², men and children are trafficked for  different reasons, including forced labour in factories, farms and private homes, exploitative labour, sexual exploitation and forced marriage. Human trafficking affects all regions and most  countries of the world.³ 

Human trafficking for sexual exploitation is becoming an increasingly common problem  around the world. Human trafficking is a huge industry identified with as the fastest growing  criminal industry in the world. This section highlights his international and Indian.

Legal definitions of slave labour, child labour and sex trafficking, which are used throughout  the report. The new Section 370 of the Indian Penal Code prohibits human trafficking for the  purposes of “physical exploitation or any form of sexual exploitation, slavery or forced organ harvesting”. 

Human rights and trafficking

The exploitation of individuals for profit has a long history, and international efforts to combat  it can be traced back to at least a century, well before the birth of modern human rights  institutions. However, it is only in the last decade that human trafficking has become a major  problem. During the same period, a comprehensive legal framework was developed on the  subject. These changes underscore a fundamental shift in the international community’s  thinking about human exploitation.

We also see changing expectations about what  governments and other agencies should do to combat and prevent human trafficking. Victim approaches are therefore also gaining ground in the international community. Human rights are a central pillar of the new understanding. Also the need for a human rights-based approach to  human trafficking is now widely accepted. As detailed in this fact-sheet, such an approach would address how human rights abuses occur throughout the human trafficking cycle and how states meet their obligations under international human rights law. Also, the goal is to identify and  redress the discriminatory practices and unequal powers that underlie trafficking, perpetuate impunity for traffickers, and deny justice to victims. 

Human Trafficking 

International agreements on what constitutes “trafficking in persons” are very new. In fact, it  wasn’t until the late 1990s that states began to separate trafficking from other commonly  associated practices, such as promoting irregular migration. The first agreed definition of  trafficking in persons was contained in Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially of Women and Children, 2000. This definition has since been  incorporated into many other legal and policy instruments, as well as national law. 

Relation In Human Rights And Human Trafficking?

The links between human rights and the fight against trafficking are well documented.⁴ From its  inception to the present, human rights law has clearly declared the fundamental immorality and illegality of those who appropriate the legal personality, labor or humanity of others. Human Rights Act made discrimination based on race as well as sex illegal. It demanded equal or at least certain essential  rights for non-citizens. Also it condemned and condemned arbitrary detention, forced labor, debt bondage, forced marriage, and the sexual exploitation of children and women. 

Human Rights Most Relevant To Trafficking 

1. Prohibition of discrimination based on race, colour, sex, language, religion, political or  other opinion, national or social origin, property, birth, or other status 
2. Right to life⁵ 
3. Right to liberty and security 
4. Right not to be submitted to slavery, servitude, forced labour, Debt Bondage or bonded labour⁶ 
5. The right not to be subjected to torture and/or cruel, inhuman, degrading treatment or  punishments 
6. Right to be free from gendered violence  
7. Right to freedom of association  
8. Right to freedom of movement  
9. Right to the highest attainable standard of physical and mental health 
10. Right to Fair and favourable conditions of work  
11. Right to an adequate standard of living  
12. Right to social security  
13. Right of children’s to special protection 

Causes And Forms Of Human Trafficking In India 

There are several factors that contribute to the trafficking of many people, especially women  and children. Factors in trafficking women and children can be divided into her two categories⁷: 

• push factors  

• pull factors.  

Push Factors Include:  

Poor socio-economic conditions of many families Poverty associated with frequent, almost annual natural disasters, Floods etc. leading to real hardships Education, skills, Lack of income. Also opportunities for women (and their families) in rural areas, lack of awareness of the activities of traffickers, pressure to collect money for dowries, resulting in daughters working remotely  Dysfunctional family life, domestic violence against women, low-status girls, etc. It is clear from the case study that extreme poverty and other causes of deprivation not only put people  on the tripod of traffickers, but also provided an incentive to create part of Human trafficking.  Often, prostitutes are unable to escape the exploitative environment and gradually develop intimate relationships with their traffickers and follow in their footsteps.  

Pull Factors Include : 

lucrative job offers in big cities, easy money, promises of better wages and a comfortable life  from smugglers and agents, demand of young girls for marriage elsewhere. Exploitative Child  Labor⁸, Increased Demand for Young Children for Adoption, Increased Demand for Women  in the Rapidly Expanding Sex Industry, Increased Demand for Young Girls in Places of  Military Concentration such as Kashmir 

A major problem faced by poor households in India is the limited ability of members to  communicate outside their place of residence. Many of them are illiterate and cannot read or write. So we rely on others when it comes to writing letters and calling our relatives. Attorneys  often do not assist victims. Police are often accused of harassing victims more than the person’s  who committed the offense. All of these disadvantages make socially as well as economically deprived society vulnerable to trafficking. 

Crimes Related To Human Trafficking In India

Heads of crime related to trafficking 

1. Importation of girls from foreign abroad (Sec. 366B IPC) 
2. Procuration of minor girls (section 366-A IPC) 
3. Buying of minors for prostitution (section 373 IPC) (previously known as buying of girls for prostitution) 
4. Selling of minors for prostitution (Section 372 IPC) (in previous editions, data was  collected under buying of girls for prostitution) 
5. Immoral Traffic (Prevention) Act 1956 as well as
6. Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law (Amendment) Act 2013 

Preventive Measures  

1. Border Measures Strict enforcement of cross-border human trafficking, vigilant  protection of trade routes, and appropriate social accountability are required.

2. Economic and Social Policy  

• Measures to Increase Social Protection and Create Employment Opportunities,
• Get Equal Work for Equal Work on the basis of Gender Equality¹⁰ as well as Equal  Rights in Employment Opportunities, taking into account appropriate measures  to eliminate discrimination against women in the workplace. 
• Develop programs that provide livelihood options, includes basic education,  literacy, communication and other skills, including reducing barriers to  entrepreneurship. 
• To promote gender awareness and education in equality¹¹ and respectful gender  relations, and to prevent violence against women as well as
• Also, to ensure that policies are in place that allow women equal access to economic and financial resources. 

3. Awareness Raising Activities¹² 

With the help of NGOs and police officers, about kinds of advertisements can be run through popular media in specific places. Also by implementing awareness programs in villages, local schools., can be done among children’s. Poor communities and ordinary people are wary of becoming victims.  

4. Legislative Measure 

Adopt or strengthening legislative, proper law enforcement, uncorrupted officials,  educationally, socially, culturally or other measures and, where applicable, penal  legislation, including through bilateral and multilateral cooperation, to discourage the  demand that fosters all types of exploitation of peoples, especially women and  children, and that leads to human trafficking 

Conclusion 

Trafficking in persons endangers the dignity and safety of trafficking victims and seriously  violates their human rights. India’s constitution guarantees equal rights for men and women,  but when it comes to actual implementation, it is often little more than rhetoric. Human Trafficking It can therefore be said that crimes that can be exploited as a business, as is the case  with human trafficking, will one day become a serious societal ailment. If rigorous steps are  consciously taken and policies are created and rigorously enforced, the problem still needs to  be solved. If you don’t take timely action, it will be too late.

Footnotes

1. ekosh.ac.in/bitstream/123456789/6351/2022 
2. https://vikaspedia.in/social-welfare/women-and-child-development/women-development
3. human-trafficking-is-crime-against-humanity-vatican-group-says/1783122
4. www.justice.gov/humantrafficking/what-is-human-trafficking 
5. https://legislative.gov.in/constitution-of-india/articles 
6. ohchr.org/sites/FactSheet4rev.1en 
7. https://www.britannica.com/topic/human-trafficking
8. www.researchgate.net/_Human_Rights
9. medcraveo.com/JHAAS/human-rights-and-trafficking
10. article14 of the constitution of india 
11. https://legislative.gov.in/constitution-of-india/article15
12. www.ijlmh.com/wp-content/uploads/2022/09

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