TRAFFICKING CONCERNING HUMAN RIGHTS

TRAFFICKING CONCERNING HUMAN RIGHTS

Author:- EMMANUEL AMARFIO MENSAH, A STUDENT AT GALGOTIAS UNIVERSITY, GREATER NOIDA-UP

In general, Trafficking means trading something illegal. Traffic in human beings means any dealings in human beings like chattels. It includes buying and selling, men's or women's goods. It includes immoral traffic in women or girls subjected to exploitation. 

According to the Palermo Protocol Human Trafficking is a crime that means and includes : 

1. The Act of recruiting, transporting, transferring, harboring, or receiving a person; 

2. By means of coercion, deception, or abuse of vulnerability;

3. For exploitation, such as Sexual exploitation, Slavery, and Forced labor among others. 

In India trafficking is an offense under section 370 of the Indian Penal Code,1860.

In India trafficking is considered a heinous crime and Human trafficking is considered an International crime.

Trafficking can be majorly of 4 types: 

• Trafficking for forced labor

• Trafficking for forced criminal activities 

• Trafficking in women and girls for sexual exploitation

• Trafficking for the removal of human organs

Around the world, Trafficking is done mainly for Sexual Exploitation.

TRAFFICKING IS DONE FOR THE FOLLOWING REASONS

• Trafficking depends on the economic, political, and cultural factors of a country. 

• In developed countries there is a demand for cheap labor and low-priced services.

Trafficking is generally done in poor countries where people from that country are kidnapped in the name of providing employment or higher education to them and selling them to other countries or people. 

This Trafficking is prohibited in many countries because it infringes on the Fundamental Rights of human beings. 

Victims of 152 different citizenships have been identified in 124 countries across the world. At least 510 trafficking flows have been detected. Some 64 percent of convicted traffickers are citizens of the convicting country. Some 72 percent of convicted traffickers are men, and 28 percent are women.

Trafficked women and girls are sent to brothel houses generally and men and boys are sent for slavery or forced labor. 

Consequences of Human Trafficking include psychological and physical distress to women who are subjected to trafficking and are affected with many diseases, especially sexually transmitted diseases and sometimes they even tend to be depressed which may even lead to their physical disabilities. If the victims are from rural areas they are even subjected to societal discrimination.  

CONSTITUTIONAL PROVISIONS THAT PROHIBIT TRAFFICKING IN INDIA 

Article 23 prohibits human trafficking and Article 24 forbids the employment of children below the age of 14 years in dangerous jobs like factories and mines.

ARTICLE 23(1):  “ Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable by law.”

In Vishal Jeet vs. Union of India, The Supreme Court issued directions to the State Governments, and Union Territories to eradicate the evil of child prostitution and to evolve programs for the care, protection, treatment, development, and rehabilitation of young fallen victims. 

Generally, Begar means involuntary work without payment. Even Begar is punishable by the law. 

In Chandra vs State of Rajasthan, The sarpanch of the village ordered every household to send one man, along with a spade and an iron pan, to render free service for the embarkment of the village tank. The Rajasthan High Court held the order of the Sarpanch was clearly against Article 23(1) which forbids begar. 

In People’s Union for Democratic Rights vs. Union of India, The Supreme Court held that Article 23(1) would strike at forced labor in whatever form it might manifest itself. It thus prohibited not only begar or other unpaid labor but also prohibited compelling all unwilling labor, whether paid or not. Any amount of remuneration paid to a person will be immaterial if labor is forced upon him. 

ARTICLE 24: “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

Article 24 is read with Directive Principles of State Policy contained in Articles 39(e) and 39(f), which provides for the protection of the health and strength of children below the age of fourteen years. 

In People’s Union for Democratic Rights vs. Union of India, The Supreme Court held that building construction work was such hazardous employment where children below 14 years should not be employed, and the prohibition contained in Article 24 could be plainly and indubitably enforced against everyone, whether State or Private Individual. 

LEGISLATIONS IN INDIA PROHIBITING HUMAN TRAFFICKING 

INDIAN PENAL CODE, 1860 

SECTION 370 and SECTION 370A of Indian Penal Code,1860 deal with the prohibition of human trafficking which includes trafficking of children for exploitation in any form indulging in physical exploitation or any form of sexual exploitation or slavery or child labor, or for removal of organs. 

SECTION 372 and SECTION 373 of the Indian Penal Code, 1860 deal with the prohibition of selling and buying of girls for prostitution. 

IMMORAL TRAFFIC PREVENTION ACT, 1986 

The Immoral Traffic Prevention Act was first enacted in 1956 according to which sexual exploitation of any male or female is a cognizable offense. In 2006 some amendments were made to this act which included: 

1. This Amended law penalizes the persons who visit a brothel for sexual exploitation of trafficked persons.

2. Offenses listed in this act would be tried on camera, i.e., the public is not allowed to attend the trial of such offenses.

3. This Amended law punishes trafficking for prostitution but not for bonded labor and domestic violence.

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989  

Victims of trafficking majorly belong to the marginalized groups of society. So this legislation is brought to curb such social evil. Through this act, the rights of marginalized people are restored by penalizing those who force these marginalized people to work for less wages or to become prostitutes etc.,. 

In Vishal Jeet vs. Union of India, The Court has held that “The causes and evil effects of prostitution maligning the society are so notorious and frightful that none can gainsay it. It is highly deplorable and heartrending to note that many poverty-stricken children and girls in the prime of youth are taken to the ‘flesh market’ and forcibly pushed into the ‘flesh trade’ which is being carried on in utter violation of all cannons of morality, decency, and dignity of humankind. There cannot be two opinions—indeed there is none—that this obnoxious and abominable crime committed with all kinds of unthinkable vulgarity should be eradicated at all levels by drastic steps.” The court laid down the following directions: 

1. All the State Governments and the Governments of Union Territories should direct their law-enforcing authorities concerned to take appropriate and speedy action in eradicating child prostitution. 

2. The State Governments and the Governments of Union Territories should set up a separate Advisory Committee within their respective zones to make suggestions regarding the measures to be taken and the social welfare programs to be implemented for the children and girls rescued from the vices of prostitution.

3.  All the State Governments and the Governments of Union Territories should take steps to provide adequate and rehabilitative homes manned by well-qualified trained social workers, psychiatrists, and doctors. 

4. The Union Government should set up a committee of its own to evolve welfare programs on the national level for the care, protection, rehabilitation, etc. of the young fallen victims and to make suggestions for amendments to the existing laws for the prevention of sexual exploitation of children.

5.  The Central Government and the Governments of States and Union Territories should devise a machinery of their own for ensuring the proper implementation of the suggestions that would be made by the respective committees.

6.  The Advisory Committee can also delve deep into the devadasi system and join tradition and give their valuable advice and suggestions as to what best the Government could do in that regard.

In 2020 Madhya Pradesh High Court in one of the cases held that a woman involved in prostitution is herself a victim of human trafficking and therefore she cannot be charged under section 370 of IPC. 

A contemporary case related to human trafficking is Halideen v. The Superintendent of Police and others. In the name of the Ashram the accused in this case trafficked the people who joined there and exposed them to torture, rape, and abuse of inmates. 

INTERNATIONAL LAWS RELATED TO HUMAN TRAFFICKING

THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000

It is a U.S.-based legislation to bar slavery and involuntary servitude.  The TVPA established the framework for the “3 P’s” of the fight against human trafficking:

1. Protection, 

2. Prevention, and 

3. Prosecution. 

In foreign nations generally, victims subjected to trafficking are people who have problems with their immigration. 

So, TVPA provided increased protection, prevention, and prosecution for trafficking victims in the United States : 

• By making foreign victims eligible for federally funded or administered health and other benefits and services and by requiring federal agencies to expand the provision of such benefits and services to victims, regardless of their immigration status;

• By creating immigration protections for foreign national victims of human trafficking, including protection from removal for victims of trafficking and victims of certain crimes; and 

• By allowing certain nonimmigrant status holders the opportunity to adjust to permanent resident status.

•  Providing for international initiatives to be established and carried out to improve economic opportunity for potential victims as a means of deterring trafficking.

• Creating the Office to Monitor and Combat Trafficking in Persons in the State Department, making that office responsible for publishing an annual Trafficking In Persons (TIP) report that describes and ranks the efforts of countries to combat human trafficking. The TIP Report is the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking.

• Adding new criminal provisions prohibiting forced labor, trafficking concerning peonage, slavery, involuntary servitude, or forced labor, and sex trafficking of children or by force, fraud, or coercion;

• Criminalizing attempts to engage in these activities; Mandating that traffickers pay restitution to their victims, and providing for forfeiture;

• Strengthening penalties for existing trafficking crimes.

CONCLUSION

The laws for human trafficking must be strengthened so that it meets all the requirements for preventing human trafficking. Victims of trafficking in any country are mainly women, girls, and immigrants. So, the laws must be very strict to protect the fundamental rights of people so that they are not subjected to trafficking. Basic Human Rights of a person are being violated in trafficking. So, the offenders of this societal taboo must be punished in such a way that no others in the future should try to commit a similar offense. People in society should also have basic knowledge about this evil practice and be aware of the consequences. They should immediately inform the officials if they ever notice any kind of trafficking or are subjected to trafficking.