Human trafficking is a kind of modern-day slavery wherein individuals are illegally traded for various purposes like sex work, forced labor, organ trafficking, from one place to another sometimes they are transported to different countries. In today's time it has become one of the major global problems to combat with. It is a gender biased crime; the women and children are the worst sufferers of trafficking in person. There are various forms trafficking in person.

1. Sex trafficking: it is a kind of human trafficking wherein the individuals are traded and recruited for the purpose of proving sexual favors. The victims are usually young women and children who are forced or coerced for engaging into such activities. Sex trafficking also includes pornography, stripping, live sex shows, exotic dance moves etc. Thailand is the worst affected country for the purpose of sex trafficking in South Asia.
    
2. Labor trafficking: in this kind of trafficking the victims are transported for the purpose of forced labor and work for a consideration of very less or no money. They are made to work exhaustively in the fields, construction work, industries etc. In India the labor are transported from regions of Bihar, Odisha, Jharkhand to the other states and countries like Arabs for very little or no money. Thailand also harbors forced labor in their huge fishing industry.
    
3. Child Trafficking: It is a kind of human trafficking wherein the persons are forced to marry somebody against their will. In 2013 a study was conducted in 92 villages of India that included 10,000 households the results that came out of that study showed that 9000 women belonging to different households were subjected to marry against their wills. A similar condition Thailand also faces, underage girls in Thailand are married off to Malaysian men.
    
4. Organ Trafficking: It is a variant of human trafficking in which the organs of the deceased person or living person is taken out from the body without obtaining any kind of consent from the victim or the family member of the victim. The organs are then later used for implantation or preservation purposes. India tops in trading kidney in the world. Talking about Thailand it is now becoming transplant hub and the United Nations have also warned about the increase of organ trafficking in South Asian countries. As per Global data research, countries generate a huge profit by the way of organ trafficking. The profit margin ranges between $600 and $1.2 billion.
    
5. Trafficking for begging: in this kind of human trafficking, the offenders usually target children as they are most vulnerable group in the society. The victims are usually subjected to violence and are forced to beg in streets and at the end of the day they have to give all their income to the offenders. A report by the Indian National Human Right Commission shows that almost 40000 children are abducted every year and 30,000 children beg in streets every day. Talking about Thailand, it is in somewhat better condition than India. Research points out that in Thailand there are approx 1000 trafficked child beggars in Thailand.
    
6. Illegal Adoption : it is a kind of in person trafficking wherein the children are illegally adopted. The offenders get money in return of selling children. Sometimes they are even traded outside of the country. To combat this issue Hauge Adoption Convention was brought in.

In the year 2000, the United Nations came up with UN protocol Prevent , Suppress and Punish Trafficking in person especially women and children. It defined trafficking as ".....the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or service, slavery or practice similar to slavery, servitude or the removal of organ."[1] It basically considers three majors forms of trafficking they are Sex trafficking, forced labour and organ trafficking. This definition given by the United Nations is internationally accepted. UN recognises 30th July as the World Anti Trafficking day.

This article basically compares the laws relating to sex trafficking in India with that to Thailand with reference to provisions of the United Nations.

Comparative Analysis Laws relating to Prostitution and Sex Trafficking in India with that to Thailand
In India laws relating to sex trafficking and prostitution is governed by the Immoral Traffic (prevention ) Act, 1956[2]. This act defines prostitution in section 2f of the Act. It says that prostitution is sexual exploitation and abuse of a person for obtaining commercial gains and monetary benefits. In Thailand the laws relating to prostitution is governed by "Prevention and Suspension of Prostitution Act B.E 2539 (1996)"[3].

The term prostitution is defined in section 4 (1) of the said act. It says that prostitution is offering of sexual intercourse or any other act in order to fulfil the sexual desires of a person in exchange of any monetary benefit or commercial gain or any other thing. It is irrespective whether the individuals involved are of same gender or opposite gender. In India the act doesn't talk about sexual exploitation of the people with same gender. To combat the issue of prostitution internationally the Convention on the Suppression of Traffic in Persons and Exploitation of the Prostitution and others was passed by the General Assembly of the United Nations[4].

Section 2 (a) of the Immoral Traffic Prevention Act defines brothel which means any place, room or house that is being used by the parties for the process of sexual abuse or obtaining mutual benefit. Section 3 of the aforesaid act deals about the penalties relating for keeping brothel or allowing of any such premises for keeping of brothel. According to section 3 of the Immoral Traffic Prevention Act any person who engages in keeping of brothel shall be punished with rigorous imprisonment for a term exceeding 1 year and for a term less than 3 years, he shall be also punished with fine that may extend of rupees 2000, on first conviction.

On account of second conviction, he shall be punished with rigorous imprisonment of more than 2 years and less than 5 years, he shall be also punished with fine that may extend to 2000 rupees. Section 3 (2) of the act says that any person who has the knowledge or idea that brothel activity is taking place in a premise and he knowingly allows such activity to take place or uses such premise, he being lessor, lessee, tenant, owner of such premise shall be punished with imprisonment for a term of maximum 2 years and a fine of up to rupees two thousand, on account of first conviction.

On account of second conviction , the person should be punished with imprisonment for a term of maximum 5 years and fine of maximum rupees 2000. Talking about the laws of Thailand, section 4 (2) of the Prevention and Suppression of Prostitution Act B.E 2539 (1996) defines brothel as prostitution establishment as premise that has been designated for prostitution to take place or a premise wherein practice of prostitution takes place or a place where a person solicits for prostitution.

Section 11 of the said act says that any person who is held guilty for being the owner or the manager of the said premise shall be punished with imprisonment from 3 years to 15 years and also with fine that may extend up to 60 thousand to three hundred thousand Baht. It also has subsequent provisions that if a person is held guilty for being the owner or manager of a brothel wherein there is a sex slave below the age of eighteen and above the age fifteen then such person shall be punished with imprisonment of term that may extend for a term between 5 years to 15 years.

He is also liable to pay a fine that may range between 1 hundred thousand to three hundred thousand Baht. And if the owner or the manager is held guilty for having prostitute whose age is less than 15 years of age then in such he shall be imprisoned for a term that may extend for a period between 10yrs to 20 years and also be fined that may range from two hundred thousand to four hundred thousand Baht. Article 2 of the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others directs the parties of the convention to punish anyone who finances brothel or who provide rent to a premise for prostitution to take place. Both India and Thailand have provisions against Brothel and owning or having a brothel is illegal in both the countries.

Section 4 of the Immoral traffic prevention act talks about living on the earnings of prostitution. According to this section any person who is over the age of 18 years and lives on the earnings of prostitute by being in her/his company or being her pimp will be imprisoned up to 2 years or with fine up to 1000 rupees or both ,and in situations where the age of the prostitute is below 16 years or below 18 years shall be punished with imprisonment of a term ranging between 7 years to 10 years.

Talking about the laws of the Thailand "section 10 of PREVENTION AND SUPPRESSION OF PROSTITUTION ACT B.E. 2539 (1996)", says that any person who is parent or guardian of s person whose age is below 18 yrs and crime of prostitution is committed on him/her when the child is under parental control shall be punished with imprisonment ranging between 4 yrs to 20 years.

He shall be also liable to pay fine that ranged between eighty thousand to four hundred thousand Baht. "According to article 1(2) of the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others the parties present in the convention should punish offenders who exploits prostitutes or sex slaves even with their consent".

Both the countries have their own provisions dealing with penalties against persons who live in the earnings of prostitute. However, the laws of Thailand only held parents and guardians guilty of the offence whereas in India every such person who commits such offence is held liable of the punishments.

Section 5 of the immortal traffic prevent act , 1956 deals with punishment relating to inducing a person to prostitution ,it is immaterial that such an act is done with consent of prostitute. "If offence is committed with the consent of person he shall be punished with rigorous imprisonment of a term 3 years to 7 years also and if such act is committed against the will of a person then he shall be punished with a term of minimum 7 years and maximum 14 years."

Again, if this offence is committed against a child below the age of 16 years then the offender shall be punished with rigorous imprisonment for a term of minimum 7 years and maximum of life imprisonment. And if this offence is committed against a minor ,i.e, a person whose age is above16 years and below the age of 18 years then he shall be punished with rigorous imprisonment of a term of minimum 7 years and maximum of 14 years. Talking about laws of Thailand in this context, section 9 of the prevention and suppression of prostitutes act of 1996 deals with penalties relating to inducement of person into prostitution.

Likewise, India here also person gets punished for inducing a person into prostitution even after having consent of the individuals. A person held guilty of committing such acts will be punished with imprisonment for a term of minimum one year and maximum of 10 years and he has to also pay fine that may range between twenty thousand to two hundred thousand Baht.

Again, if such offence is committed against a person who is above the age of 15 years and below the age of 18 years then in such cases the person held guilty shall be punished with imprisonment of minimum of 5 years and maximum of 15 years and fine may range from between one hundred thousand to three hundred thousand Baht. In cases where in the offence is committed against the child of below the age of 15 years then the punishment for the offence committed is imprisonment for a term that may range between 10 years to 20 years and fine amount may range from two hundred thousand to four hundred thousand.

In Thailand if these offences are committed against the will of the victim and the offence is committed by way of fraud, coercion or undue influence then the penalty is awarded one third times harsher. According to Article 1 (1) of the United Nations Convention the parties should punish anybody who induces anyone to prostitution even if such act is done with the consent of the person who is induced into the prostitution.

Both India and Thailand have provisions to punish the person who induces other to prostitution. Section 6, of the Immoral Traffic Prevention Act, talks about the penalties for committing the offence of detaining someone in a brothel. According to this section a person who commits such acts shall be punished with imprisonment of minimum 7 years that may also extend till life or 10 years of imprisonment.

Talking about the laws of Thailand, "Section 12 of the Prevention and Suppression of Prostitution Act, 1996" deals about the penalties for committing offence of detaining a person by way of violence in order to commit prostitution , then he liable to be punished with imprisonment of a term between 10 years to twenty years with fine that may range from two hundred thousand to four hundred thousand Baht.

Also, Thailand laws are more specific as compared to Indian laws in this regard as Thailand have the provisions to punish the offender who by means of detaining the victim causes bodily harm to the victim, then he shall be imprisoned for life and when the offender causes death of the victim he is liable to be punished with death sentence or imprisonment.

Apart from these India has punishment prescribed against a person who carries on a prostitution business within 200 meters of a public area whereas, laws of Thailand does not talk in this regard. In India, punishment is prescribed for soliciting for the purpose of prostitution. A person found guilty of such offences shall be liable for imprisonment of a term 6 months and a fine of rupees 500. However, Thailand remains silent on this.

CONCLUSION
As we come towards the end of the comparative analysis of punishments with regards to sex trafficking, it is concluded that Indian law that deals with human trafficking only considers prostitution as a kind of human trafficking. It ignores all other ways in which human trafficking is done.

Government should come up with proper legislation to combat with human trafficking. Also, the provisions of the Immoral traffic Prevention Act is outdated and needs to be amendment. The penalty amount for various offences is really minimal. The act as failed to protect individuals against trafficking. Though, Thailand has stricter provisions in regards to human trafficking still it has failed to curb the problem of trafficking.

It is considered as the global hub for illegal sex trade. There are severe and grave of human rights abuse, in the fishing industry of Thailand. There are also large numbers of child trafficking cases still no appropriate action has been taken by the Thai government. The Thai government turns blind when it comes to prostitution and human trafficking as it generates huge income in the country.

End-Notes:

1. UN protocol Prevent, "Suppress and Punish Trafficking in person especially women and children"
2. Immoral Traffic Prevention Act, 1956
3. Prevention and Suspension of Prostitution Act B.E 2539 (1996)
4. Convention on the Suppression of Traffic in Persons and Exploitation of Prostitution

Award Winning Article Is Written By: Ms.Shambhavi Malviya

Authentication No: OT330228861657-29-1023