HUMAN TRAFFFICKING

Author :- Ruqaiyah Rashid, Student of Sultan-Ul-Uloom College of Law .

• Introduction :-   

                             Human trafficking is a heinous and pervasive global  phenomenon that represents a grave violation of human rights and dignity. It is a multifaceted crime that involves the recruitment, transportation, harbouring or receipt of people through force, coercion, deception or other means for the purpose of exploitation. This exploitation can take various forms including forced labour, sexual exploitation, forced marriage, organ trafficking and more. Human trafficking transcends borders affecting individuals of all ages, genders and backgrounds making it a pressing issue that demands urgent attention and action.

• Types of human trafficking :

1. Sex trafficking : 

Sex trafficking involves the exploitation of individuals for sexual purposes which includes forced prostitution or pornography. Victims are forced for commercial sex acts against their will. 

2. Labor trafficking :

 Labor trafficking involves exploitation of individuals for forced        labour often in industries, construction, domestic work and agriculture.

3. Organ trafficking:

It refers to the illegal trade of organs where individuals are coerced or      deceived into giving up their organs for transplantation.

4. Child trafficking :

It is one of the most serious crimes globally which involves the exploitation of children for various purposes such as forced labour and sexual exploitation.

• Root causes of human trafficking : 

     Human trafficking is a significant threat to modern society. There             are few root causes of human trafficking which involves lack of education, poverty, criminal networks etc; 

       

1. lack of education is one of the root causes of various social issues which also includes human trafficking. Education plays a crucial role in providing knowledge and empowering the individuals to protect themselves from trafficking.

2. poverty may lead individuals to commit serious crimes Such as theft, robbery, human trafficking, murder or any other act.

• Legal framework : 

In India, the legal framework on human trafficking includes; 

(1). The immoral traffic (prevention) Act of 1956 is a legislation in India that aims to prevent and combat human trafficking particularly for the purpose of sexual exploitation.

(2). The protection of children from sexual offences (pocso) Act of 2012 is a legislation in India that aims to protect children from sexual abuse and exploitation.

(3). The bonded labour system abolition Act of 1966, is a legislation in India that aims to eradicate the practice of bonded labour.

(4). The juvenile justice ( care and protection of children) Act of 2015 is                                     a legislation in India that focuses on the care, protection and  rehabilitation of children in conflict with the law. The act aims to ensure that that rights of children are protected throughout the justice process.

• Laws relating to human trafficking in India : 

(1). Sec 347 IPC - It states that whoever wrongfully confines any person shall be punished with imprisonment for a term extending up to one year or with fine or both.

(2). Sec 363 IPC - It states that whoever kidnaps any person from India or from unlawful guardianship shall be punished with imprisonment for a term extending up to 7 years and may also be liable to fine.

(3). Sec 366 IPC - It states that whoever procures a minor girl whether with or without her consent for the purpose of any unlawful sexual intercourse shall be punished with imprisonment for a term extending up to 10 years and may also be liable to a fine.

• Case laws : 

1. Bachpan Bachao Andolan VS union of India and others

The supreme court recognised trafficking as an organised crime and defined it in accordance with the optional protocol of the United Nations convention against transnational organised crime (UNCTOC)  the court also ordered a total ban on use of children in circuses.

2. The Budhadev Karmarkar VS State of West Bengal

It is a landmark judgement delivered by the supreme court of India in 2011. The case challenged the constitutionality Of section 8 of West Bengal prevention of immoral trafficking Act,1950, which criminalized soliciting and living off the earnings of the prostitution.

• Conclusion : 

Human trafficking is a grave violation of human rights that effects millions of people worldwide including in India. It is a complex issue that requires prevention, prosecution and support for victims. Efforts to combat human trafficking should focus on raising awareness, strengthening laws.