Trafficked minor girl children are used for prostitution, forced
into marriage, illegally adopted, used as cheap or unpaid labour, used for sport and organ harvesting. Some children are
recruited into armed groups. Minor girl Child prostitution has the highest
supply of trafficked children.
Immoral Trafficking of Minor Girl Child in India & Laws to protect them
Abstract
In the light of that, I am delighted to share this article on the
Child Trafficking in India especially minor girl. As we all know sound evidence,
hard facts and statistics should underpin action and this article aims to do
just that. It is indeed shocking that government figures state that every eight
minutes a child goes missing in India and forty percent of them are never found!
Another statistic hard to come to terms with is that Of the three million people
engaged in sex work, more than forty percent of them are below the age of
eighteen years, some as young as five. Many trafficked children remain
unreported, untraced and invisible. Though some statistics are available, they
are inconsistent and huge chunks of data are missing. Without consistent,
comparative, scientific data to capture the real scale of child trafficking in
India, the efforts to limit this growing crime remains fragmented and under
resourced. These crimes are occurring worldwide. Trafficked minor girl children
are used for prostitution, forced into marriage, illegally adopted, used as
cheap or unpaid labour, used for sport and organ harvesting. Some children are
recruited into armed groups. Minor girl Child prostitution has the highest
supply of trafficked children.
The main objectives of present research paper is:
1. To examine the causes and modes of child trafficking in India especially
minor girl child.
2. To analyse the crimes related to trafficking in India.
3. To suggest Preventive measures regarding child trafficking in India and laws
to protect the minor girl child.
Introduction
In my analysis, whilst numbers are important it is the individual lives and
stories of children that continue to haunt me and push me to remain committed to
this cause. Ayesha (name changed), a young woman who we have supported, has
lived and fought through nights of getting raped, is now attending college and
dreams of joining the performing arts. Or Devi (name changed), who was married
as a minor, sold by her husband, spent months in a brothel and forced to give up
her child for adoption. Devi now goes to school and dreams of getting reunited
with her child one day.[2]
Children from different geographical areas: West Bengal, Bihar, Jharkhand,
Assam, Delhi, Bangalore and Kerala have fallen victims. Children from Nepal, for
instance, have been rescued from rat-hole coal mines in Meghalaya[3]; girls from
Assam have been found to be married to men in Haryana as there are not enough
girls in the state; and children from Tamil Nadu have been kidnapped and sent to
Europe.[4] Girls find themselves in Goa's spas and parlours where they are
forced to cater to needs that exceed massage and health treatments.
National Human Rights Commission (NHRC) constituted a committee to look into the
issue of "Missing Children" "in order to put an end to this callous indifference
and insecurity with regard to the protection of children and to prevent more
lives from being lost in similar crimes". The Report of the NHRC Committee on
Missing Children (June 2007)[5] states:
"The revelations at Nithari exemplify that missing children may end up in a
variety of places and situations –killed and buried in a neighbour's backyard,
working as cheap forced labour in illegal factories/establishments/homes,
exploited as sex slaves or forced into the child porn industry, as camel jockeys
in the Gulf countries, as child beggars in begging rackets, as victims of
illegal adoptions or forced marriages, or perhaps worse than any of these as
victims of organ trade and even grotesque cannibalism as reported at Nithari."
According to UNICEF is "Child Trafficking" defined as "any person under 18 who
is recruited, transported, transferred, harboured or received for the purpose of
exploitation, either within or outside a country." [6]
There have been a lot cases where children just disappear overnight, as many as
one every eight minutes, according to the National Crime Records Bureau.[7]
India also is a source, destination, and transit country for trafficking for
many purposes such as commercial sexual exploitation. Trafficking is within the
country in large scale but there are also a large number trafficked from Nepal
and Bangladesh. But 40% of prostitutes are children, and there is a growing
demand for young girls in the industry.
NGOs evaluate that 12,000 - 50,000 women and minor child are trafficked into the
nation yearly from neighbouring states for the sex trade. Many minor girls are
trafficked from Bangladesh and Nepal. An expected 1,000 to 1,500 Indian children
are imported illegally out of the nation consistently to Saudi Arabia for asking
amid the Hajj. Trafficking Andhra Pradesh, Karnataka, West Bengal and Tamil Nadu
have the biggest number of individuals trafficked. Minor girl trafficking is
high in Rajasthan, Assam, Meghalaya, Bihar, Uttar Pradesh, Andhra Pradesh,
Karnataka, Tamil Nadu and Maharashtra in Intra state/ district area. Delhi and
Goa are the main targeted states. Trafficking from north eastern states is high
however regularly over looked. Trafficking of minor girl child the second-most
pervasive trafficking wrongdoing - surged 14 times throughout the most recent
decade and expanded 65% in 2014, as per new information given by the National
Crime Records Bureau (NCRB).
There are several contributing factors for trade in human beings particularly in
women and girl child. The factors of trafficking in women and girl child can be
described as: poor socio-economic conditions of a large number of families,
poverty coupled with frequent, almost annual natural disasters like floods
leading to virtual destitution of some people, lack of education, skill and
income opportunities for women (and for their family members) in rural areas,
absence of awareness about the activities of traffickers, low status of girl
children, etc. It appears from the case studies that extreme poverty.
The other factors are: lucrative employment propositions in big cities, easy
money, promise of better pay and a comfortable life by the trafficking touts and
agents, demand of young girls for marriage in other regions, demand for low-paid
and underage sweat shop labour, growing demand of young kids for adoption, rise
in demand for women in the rapidly expanding sex industry, demand for young
girls in places of military concentration like Kashmir in India in recent times,
demand for young girls for sexual exploitation as a result of the misconception
that physical intimacy with young girls reduces men's chances of contracting
HIV/AIDS, or of them with that sex with a virgin can cure HIV/AIDS and
impotence.
The rampant practice of female feticide in the northern states of Haryana and
Punjab has also fuelled internal trafficking. Since there is a shortage of women
in these states having a low female to male ratio, they have become fertile
ground for the operation of traffickers. Traffickers procure girls from faraway
states like Assam and Orissa; trick their families into believing they are to be
married, only to later push them into prostitution. India is also experiencing
rapid changes in economic, political, demographic and labour trends as an
outcome of globalization, increasing demand for cheap labour and heavy
population growth in the region encourages migration whether legal or illegal.
The movement of young girls and women from Bangladesh and Nepal into Indian
brothels is common.
There is further movement of these women and girls to the Middle East as well as
other destinations. At times of hardship, this starts out as illegal migration
and ends up as trafficking. Such migration occurs in the backdrop of supply and
demand in the sending and receiving countries. The supply side is associated
with structural inequality, poverty, illiteracy and lack of opportunities for
livelihood, whereas the demand rises from the need of cheap labour in the
destination. Usually people from the poorer countries like Bangladesh and Nepal
are at risk of exploitation and are trafficked to their neighbouring country
India. An assessment study on sexually exploited children and youth by the
Economic and Social Commission for Asia and Pacific (ESCAP) shows that in South
Asia young girls from certain rural areas of Bangladesh, India and Nepal are
trafficked for marriage and then sold into prostitution.
The major problem also faced by the poor families in India is the members'
limited ability to communicate outside their place of residence. Many of them
are illiterate cannot read or write. So they depend on others for sending
letters or making phone call to their relatives. Often the guardians of law do
not support the victims. It has often been alleged that police harass the
victims more than those who have committed the crime. All these limitations not
only make the socially and economically deprived sections of society vulnerable
to trafficking, but also explain why re-trafficking is so rampant in our
society. Apart from the increased demand of cheap labour in the production
sector, globalization has played a major part for the growth of tourism business
and entertainment industries the world over. As a result, the sex related trades
like sex tourism have registered rapid growth.
At the same time, rising male migration to urban areas as well as stressful
working conditions of the Business Process Outsourcing (BPO) sector workers have
also contributed to a growing demand for commercial sex in the cities Our
experience also reveals that trafficking is closely associated with child
marriage. In a traditional village community, there is a stigma attached to
single women. Inability to arrange the marriage of a daughter is a cause of
embarrassment and matter of shame for the parents. In this situation, when the
traffickers approach the poor families with marriage proposals (sometimes with
cash rewards between Rs.1000–5000 on an average) minus dowry, the parents find
it hard to refuse the offer. After marriage, the girls sold and resold, until
she reaches the ultimate destination. Apart from child marriage, other modes of
trafficking are fake marriage, false recruitment, kidnapping and abduction of
children, transportation of children with the consent of guardians, adoption of
children, using poor families with jobs and better living condition in cities.
Heads of crimes which are related to human trafficking:
· Procuration of minor girls (section 366-A IPC)
· Importation of girls from foreign country (Sec. 366B IPC)
· Buying of minors for prostitution (section 373 IPC) (previously known as
buying of girls for prostitution)
· Selling of minors for prostitution (Section 372 IPC) (in previous editions,
information was gathered under purchasing of minor girl for prostitution)
· Immoral Traffic (Prevention) Act 1956
· Human trafficking (section 370 & 370A IPC), after enactment of the Criminal
Law (Amendment) Act 2013, the Bureau has also started collecting data under
these sections.
NGO's estimate that 12,000-50,000 women and children are trafficked into the
country annually from neighboring states for the sex trade.[8]Trafficking of
child minor girl is not a new phenomenon. Historically, it has been linked to
slavery and prostitution which involved the sale and purchase of human beings as
chattel, treating them as commodities that could be bought and sold. The owner
maintained absolute rights over the slaves, who were considered his private
property.
Many Indians minor girls are trafficked everyday to some destination or the
other and are forced to lead lives of prostitution and slavery.
Constitution of India:
Indian constitution provides some provisions for child trafficking.
Article 23, of the constitution of, prohibits "traffic in human beings and other
similar forms of forced labor".
Article 24 said that "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."
Though there is no concrete definition of trafficking, it could be said that
trafficking necessarily involves movement /transportation, of a person by means
of coercion or deceit, and consequent exploitation leading to commercialization.
Moreover, the Directive Principles of State Policy articulated in the
Constitution are also significant, Article 39(e) provides that the health and
strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age. Also, Article 39(f) imposes a duty on the
State to direct its policy towards ensuring that children are given
opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
Indian Penal Code;
The major penal law Indian Penal Code (IPC), 1860, deals with the offences of
kidnapping, abduction, and buying and selling of minors (Sections 359-373 of IPC).
· Section 363-A: Kidnapping for begging: - the section punishes kidnapping or
maiming a minor for the purpose of begging shall be punishable with imp.
· Section 366-A: Procuration of minor girls: - Whoever, by any means
whatsoÂever, induces any minor girl under the age of eighteen years to go from
any place or to do any act with intent that such girl may be, or knowing that it
is likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable with imprisonment which may extend to ten
years, and shall also be liable to fine.[9]
· Section 366-B: Importation of girls: - Whoever imports into India from any
country outside India or from the State of Jammu and Kashmir any girl under the
age of twenty-one years with intent that she may be, or knowing it to be likely
that she will be, forced or seduced to illicit intercourse with another person,
shall be punishable with imprisonment which may extend to ten years and shall
also be liable to fine.[10]
· Section 369: Kidnapping child for stealing from its person: child under 10
years of age only- Whoever kidnaps or abducts any child under the age of ten
years with the intention of taking dishonÂestly any movable property from the
person of such child, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to
fine.[11]
· Section 372: Selling of girls for prostitution:- Whoever sells, lets to hire,
or otherwise disposes of any person under the age of eighteen years with intent
that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and
immoral purpose, or knowing it to be likely that such person will at any age be
employed or used for any such purpose, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall be liable
to fine.
Explanation I- When a female under the age of eighteen years is sold, let for
hire, or otherwise disposed of to a prostitute or to any person who keeps or
manages a brothel, the person so disposing of such female shall, until the
contrary is proved, be presumed to have disposed of her with the intent that she
shall be used for the purpose of prostitution. Explanation II.—For the purposes
of this section "illicit interÂcourse" means sexual intercourse between persons
not united by marriage or by any union or tie which, though not amounting to a
marriage, is recognised by the personal law or custom of the community to which
they belong or, where they belong to different communities, of both such
communities, as constituting between them a quasi-marital relation.
· Section 373: Buying of girls for prostitution:- Whoever buys, hires or
otherwise obtains possession of any person under the age of eighteen years with
intent that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and
immoral purpose, of knowing it to be likely that such person will at any age be
employed or used for any purpose, shall be punÂished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
Explanation I.—Any prostitute or any person keeping or managÂing a brothel, who
buys, hires or otherwise obtains possession of a female under the age of
eighteen years shall, until the conÂtrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for
the purpose of prostitution.
Explanation II.—"Illicit intercourse" has the same meaning as in section 372.
· Section 370: Trafficking of persons
1. Whoever for the purpose of exploitation (a)recruits (b)transports (c)harbours
(d)transfers or (e) receives a person or persons by-
i. using threats or
ii. using force or any other form of coercion or
iii. by abduction or
iv. by practicing fraud or deception or
v. by abuse of power or
vi. by inducement including the giving or receiving of payments or benefits, in
order to achieve the consent of any person having control over the person
recruited, transported, harboured, transferred or received, commits the offence
of trafficking.
Explanations:
I. The expression ‘exploitation' shall include any act of physical exploitation
or any form of sexual exploitation, slavery or practices similar to slavery,
servitude, or the forced removal of organs.
II. The consent of the victim is immaterial in determination of the offence of
trafficking.
2. Whoever commits the offence of trafficking shall be punished with rigorous
imprisonment for a term which shall not be less than 7 years, but which may
extend to 10 years, and shall also be liable to fine.
3. Where the offence involves the trafficking of more than one person, it shall
be punishable with rigorous imprisonment for a term which shall not be less than
ten years but which may extend to imprisonment for life, and shall also be
liable to fine.
4.Where the offence involves the trafficking of a minor, it shall be punishable
with rigorous imprisonment for a term which shall not be less than ten years,
but which may extend to imprisonment for life, and shall also be liable to fine.
5.Where the offence involves the trafficking of more than one minor, it shall be
punishable with rigorous imprisonment for a term which shall not be less than
fourteen years, but which may extend to imprisonment for life, and shall also be
liable to fine.
6. If a person is convicted of the offence of trafficking of minor on more than
one occasion, then such person shall be punished with imprisonment for life,
which shall mean imprisonment for the remainder of that person's natural life,
and shall also be liable to fine.
7. When a public servant or a police officer is involved in the trafficking of
any person then, such public servant or police officer shall be punished with
imprisonment for life, which shall mean imprisonment for the remainder of that
person's natural life, and shall also be liable to fine.[12]
The Immoral Traffic (Prevention) Act of 1986 (ITPA), colloquially called PITA,
an amendment to SITA the Suppression of Immoral Traffic in Women and Girls Act
of 1956 (SITA) and The "child" under ITPA means a person who has not completed
the age of sixteen years and "prostitution" means the sexual exploitation or
abuse of persons for commercial purposes.
1. Section 3 : Stringent action and punishment for keeping a brothel or allowing
premises to be used as a brothel
2. Section 4 : Living on the earnings of prostitution
3. Section 5 : Procuring, inducing or taking a person for the sake of
prostitution
4. Section 6: If any person is found with a child in a brothel it shall be
presumed, unless the contrary is proved, that he has committed an offence of
detaining a person in premises where prostitution is carried on. The punishment
consists of imprisonment of either description for a term which shall not be
less than 7 years
5. Section 21: Establishment of protective homes by the State Government
Neither law prohibits prostitution per se, but both forbid commercialized vice
and soliciting. Aside from lack of enforcement, SITA is problematic in several
ways. One of negative drawback is that the prescribed penalties discriminate on
the basis of sex: a prostitute, defined under SITA as always a woman, who is
arrested for soliciting under SITA could be imprisoned for up to a year, but a
pimp faces only three months.
India is said to have adopted a tolerant approach to prostitution whereby an
individual is free to carry on prostitution provided it is not an organized and
a commercialized vice. However, it commits itself to opposing trafficking as
enshrined in Article 23 of the Constitution which prohibits trafficking in human
beings. India is also a signatory to international conventions such as the
Convention on Rights of the Child (1989), Convention on Elimination of all forms
of Discrimination Against Women (1979), UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children (2000) and the
latest South Asian Association for Regional Cooperation (SAARC) Convention on
Preventing and Combating Trafficking in Women and Children for Prostitution
(2002).
It has been passed by Parliament of India. It aims to replace the existing
Indian juvenile delinquency law, Juvenile Justice (Care and Protection of
Children) Act, 2000, so that juveniles in conflict with Law in the age group of
16–18, involved in Heinous Offences, can be tried as adults. The Act came into
force from 15 January 2016. It was passed on 7 May 2015 by the Lok Sabha amid
intense protest by several Members of Parliament. It was passed on 22 December
2015 by the Rajya Sabha. The bill introduced concepts from the Hague Convention
on Protection of Children and Cooperation in Respect of Inter-Country Adoption,
1993 which were missing in the previous act.
The bill introduces foster care in India. Families will sign up for foster care
and abandoned, orphaned children, or those in conflict with the law will be sent
to them. Such families will be monitored and shall receive financial aid from
the state. In adoption, disabled children and children of physically and
financially incapable will be given priority. Parents giving up their child for
adoption will get 3 months to reconsider, compared to the earlier provision of 1
month.[13]
A person who gives alcohol or drugs to a child shall be punished with 7 years
imprison and/or Rs. 100,000 fine. Corporal punishment will be punishable by Rs.
50,000 or 3 years of imprisonment. A person selling a child will be fine with Rs.
100,000 and imprisoned for 5 years.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill,
2016 [14]
The draft Bill has taken into account the various aspects of trafficking and its
punishments as defined in section 370- 373 of Indian Penal Code, 1860 and aims
to include other offences/ provisions which are not dealt with in any other law
for the purpose of trafficking, such as (1) penal provisions for the disclosure
of identity of the victim of trafficking and witness (2) use of narcotic drug or
psychotropic substance or alcohol for the purpose of trafficking (3) use of
chemical substance or hormones for the purpose of exploitation. The draft Bill
has also taken into its ambit the ‘placement agencies' by making mandatory for
them to also register for the purposes of this Act.
The draft Bill provides for mandatory reporting within 24 hours by a Police
Officer, Public servant, any officer or employee of Protection Home or Special
Home having custody of the victim of trafficking to the District
Anti-Trafficking Committee or in case of child victim to the Child Welfare
Committee. For the effective implementation of the proposed Act and for the
welfare and rehabilitation of the victims an Anti-Trafficking Fund will be
created.
Some States also enacted their own Acts:
Karnataka Devadasi (Prohibition of Dedication) Act, 1982: Act of dedication of
girls for the ultimate purpose of engaging them in prostitution is declared
unlawful whether the dedication is done with or without consent of the dedicated
persons.
Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989: Penalty of
imprisonment for three years and fine are stipulated in respect of anyone, who
performs, promotes, abets or takes part in Devadasi dedication Ceremony.
Lastly, in Goa Children's Act, 2003, trafficking is specially defined; every
type of sexual exploitation is included in the definition of sexual assault;
responsibility of ensuring safety of children in hotel premises is assigned to
the owner and manager of the establishment; photo studios are required to
periodically report to the police that they have not sought obscene photographs
of children; and stringent control measures were established to regulate access
of children to pornographic materials.
The recent Criminal Law Amendment Act, 2013 recognises trafficking as an offence
in the Section 370 of the Indian Penal Code. This is on similar lines as the
Palermo Protocol, ratified by India in May 2011, following a Supreme Court
judgement defining trafficking in public interest litigation (PIL) field by
Bachpan Bachao Andolan in 2011. The bill targets the entire process that leads
to trafficking of a person and also makes the employment of a trafficked person
and subsequent sexual exploitation a specific offence under Section 370 A. While
the old section 370 of Indian Penal Code dealt with only buying or disposing of
any person as a slave the new section will take in its purview buying or
disposing of any person for various kinds of exploitation including slavery.
This provision includes organ trade as well. As the explanation further
clarifies "exploitation" would also include prostitution. This is in addition to
the ITP Act, 1956.
The new section also ensures that persons involved at each and every stage of
trafficking chain are brought within the criminal justice system. Also by
specifically including that if a person is brought with his/her consent, where
such consent is obtained through force, coercion, fraud, deception or under
abuse of power, the same will amount to trafficking, the law has been
substantially strengthened. This will cover all situations where girls who
happen to be major are duped with promises of marriage and willingly accompany
the traffickers who exploit them in various ways. It has also been specifically
added in the provision that consent of the victim is immaterial for the
determination of the offence.
The new section also differentiates the instances of trafficking major persons
from minor persons. This differentiation is brought about by providing separate
penalty for each with higher minimum sentence for trafficking minor persons. In
addition the section also provides for enhanced punishment for repeated offender
as well as where the offender traffics more than one person at the same time. By
providing that trafficking in minor persons on a repeated conviction will
attract imprisonment for life (meaning the remaining natural life) the law has
been substantially changed. This will surely act as a big deterrent. Involvement
of a public servant including a police officer shall entitle him to life
imprisonment which shall mean the remaining natural life. Section 370A further
adds strength to trafficking related law by criminalizing employment of a
trafficked (major/minor) person. A person who has reason to believe or
apprehension that the minor/major person employed by them has been trafficked
will make them criminally liable. This places a huge responsibility on the
employers who were till now, let off easily under the not so strict provisions
of the child labour laws and juvenile related laws. Here also a higher minimum
prison term is prescribed where a minor person is involved. Also important is
the fact that irrespective of age of the person employed, simply employing a
trafficked person is an offence. This provision will go a long way in ensuring
that people verify the antecedents of the placement agencies as also get the
police verification of the persons employed. This will also aide in curbing the
huge demand for labour who are victims of unsafe migration.
International Laws
International laws lay down standards that have been agreed upon by all
countries. By ratifying an international law or convention or a covenant, a
country agrees to implement the same. To ensure compatibility and
implementation, the standards set forth in these international conventions are
to be reflected in domestic law. Implementing procedures are to be put in place
as needed and the treaties must be properly enforced.
The following are the
most important International Conventions regarding trafficking of children:
1. The Convention on the Rights of the Child, 1989.
2. The Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography, 2000.
3. The Convention on the Elimination of All forms of Discrimination against
Women, (CEDAW) 1979.
4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children.
5. Declaration on Social and legal principles relating to the Protection and
Welfare of Children, with special reference to Foster placement and adoption
Nationally and Internationally, 3 December, 1986.
6. SAARC Convention on Regional Arrangement for the Promotion of Child Welfare,
2002.
Role of State
· Government at local level and source areas should create compulsory high
quality education, employment opportunities and income generation programme.
· Government should produce relevant IEC materials; promote sensitization
programmes or teachers in government schools, parents and community workers.
· Government should include gender centred education curricula in schools and
introduce subjects of child sexual abuse and trafficking.
· The government of different nations must share the information with each other
to evolve a programme that will help both the countries in preventing
trafficking.
· The community should be sensitized about trafficking the community members
should be motivated to keep a watch in the community for irregular movement of
child victims to and from area their possible traffickers and hideouts.
· NGOs working in the rural areas should ensure that parents are aware of safe
migration practices.
Media attention reaches several hundred thousand viewers and should therefore
serve the following important functions:
· The media should transmit appropriate message to ensure that the victims
learn that they are not alone.
· Victims can be made aware of places and institutions where they can seek help.
· Create awareness that human trafficking is inappropriate and illegal and has
negative consequences.
· Wide publicity should be given regarding the legal, penal provisions against
trafficking and the modus operandi of the traffickers through radio, television
etc.
Awareness and Advocacy
· Awareness and advocacy is required at the policy level i.e. National Planning
Commission, bureaucrats, politicians and the elite of the society. Awareness at
the local level, in the community through workshops, songs, drama, poems,
meetings, leaflets and posters especially in the rural areas is also required.
· The role of gender in daily life and training programmes and activities for
gender sensitization must be conducted by NGOs. The key to prevent trafficking
in children and their exploitation in prostitution is awareness among the
children, parents and school teachers.
· The government must launch media campaigns that promote children's right and
elimination of exploitation and other forms of child labour.
· Police advocacy is an important intervention that has to be fine-tuned
Conclusion
In the fight against trafficking government organizations, non-governmental
organizations, civil society, pressure groups, international bodies, all have to
play an important role. Law cannot be the only instrument to take care of all
problems.
The article covers the sources of trafficking i.e. countries, regions and areas,
characteristics of traffickers and trafficking victims, forms of violence
against trafficked victims, magnitude of trafficking, reasons for trafficking,
structural factors for trafficking, places used for prostitution, types of
prostitutes, link between migration and prostitution, types of sex tourism and
reasons for sex tourism, link between poverty and trafficking, link between lack
of women empowerment and trafficking, impact of trafficking on individuals,
family and household, health problems of trafficking victims, implications of
repatriation of trafficking victims, legal implications of trafficking and role
of state in preventing trafficking and reasons for failure in preventing the
trafficking. Certain court judgments have also been referred in the review for
having a holistic view of the issue of human trafficking. It is very important
to record that, not many academics ventured into this area of research, as
collecting data and information are difficult from the original sources of
trafficked victims, who, generally, refuse to share information. Hence, most of
the studies reviewed here include reports, monographs and court judgments.
References
1. Prof. T. Bhattacharya. The Indian Penal Code, 7 edition 2013, Central Law
Agency.
2. Child Trafficking In India: A Concern, by Dr. (Mrs.) Intezar Khan, Department
of Social Work, Jamia Millia Islamia, New Delhi.
3. Crime in India, 2004, NCRB, Ministry of Home Affairs, Government of India.
4. The Juvenile Justice (Care and Protection of Children) Act, 2015.
5. The Immoral Traffic (Prevention) Act, 1956.
6. Advani Dr. Purnima, Member, National Commission for Women, 2000 ‘Impact of
Tourism on Children's Delhi'.
7. Govt. of India, 1991, Central Social Welfare Board report on Trafficking,
Delhi.
8. HAQ, Centre for Child Rights, 2001, Child Trafficking in India.
9. Krishnan, Sunita and Jose Verticattil, 2001, A Situation Report: Trafficking
for Commercial Sexual Exploitation, India.
End-Notes
[1] LECTURER- St. Wilfred law college, ajmer email- [email protected]
[2] Raj, Dr. Pushkar. The Story of the Poor Who Lost Their Children. Rep.
People's Union for Civil Liberties, Feb. 2007. Web.Mar. 2016.
[3] Staff Reporter. "Horrendous Truth of Coal Mines of Joint a Hills." Meghalaya
Times. N.p., 30 Mar. 2012. Web.
[4] Rahman, Shaikh Azizur. "Indian Children Stolen for Adoption." The National
Abu Dhabi Media, 29 June 2010. Web. Feb. 2016.
[5] Sharma, P.C. Report of the NHRC Committee on Missing Children. Rep. Child
line India, 2 July 2007. 10-11.Web. 4 Jan. 2016.s
[6] http://www.childlineindia.org.in/child-trafficking-india.htm
[7] http://blogs.wsj.com/indiarealtime/2012/10/16/indias-missing-children-by-the-numbers/
[8] http://www.childlineindia.org.in/child-trafficking-india.htm
[9] The Indian penal code, 1860- T. Bhattacharya page no. – 582, 7 edition 2013
[10] page no. – 582 of Indian penal code, 1860- T. Bhattacharya, edition 2015
[11] Book - The Indian penal code, 1860- T. Bhattacharya, page no. 581, 7
edition 2013
[12] Bare act- Indian penal code, 1860
[13]http://www.dnaindia.com/india/report-juvenile-justice-bill-passed-16-18-years-to-face-adult-laws-in-heinous-cries-2084153
[14] http://wcd.nic.in/acts/trafficking-persons-bill-2016-draft
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