Human Trafficking in India and various laws prevailing in India dealing with indian legislations and telling about the people various rights and creating awareness in the society. This presentation basically deals with all aspects relating to human trafficking in India.
2. Trafficking is the process of recruiting, contracting, procuring or
hiring a person for CSE.
As per the existing law, Immoral Traffic (Prevention) Act 1956
(ITPA) prostitution becomes an offence when there is commercial
exploitation of a person.
India is recorded in the Tier II rundown of the UN which
incorporates nations which have neglected to battle human
trafficking.
Under the Immoral Traffic (Prevention) Act, 1956 (ITPA),
prostitution is legal.
According to the Supreme Court, “Prostitution always remains a
running score in the body of civilisation and destroys all moral
values.” Therefore, there is necessity for appropriate and drastic
action to eradicate it. This evil has become apparent.
3. The global problem of human trafficking is the result of a
constellation of factors, including widespread poverty, lack of
livelihood opportunities, entrenched gender discrimination,
displacement, the demand for young girls (in part due to the fear
of HIV/AIDS), the upheaval associated with natural
disasters/conflict in parts of the country and the profits to be
made.
According to Article 23 of the Constitution of India, 1950,
Traffic in human beings is prohibited this worth to mention that
India was a signatory to the International Convention for the
suppression of the Traffic in persons and of the Exploitation of
the prostitution of others dated on 9th May, 1950.
The parliament has passed the Suppression of Immoral Traffic
in Women and Girls Act, 1956 and in order to bring males
within the ambit of the said Act, the Act was renamed as
Immoral Traffic (Prevention) Act, 1956 which covers even
males.
4. Accordingly, it outlaws the running of a brothel; living on the earnings of a
prostitute; procuring, inducing or taking a person for the sake of
prostitution; and detaining a person in a place where prostitution is carried
on.
The Prohibition of Child Marriage Act (2006) additionally looks to address
the issue of youngster trafficking and tyke relational unions, by making
association in the advancement of child marriage a culpable offense
(Section 11), and by making a child marriage invalid and void if the kid is
hitched regarding trafficking (Section 12(b) and (c)).
The Juvenile Justice (Care and Protection of Children) Act (2000) which
includes prohibitions on cruelty to a child, employment of a child for
begging, providing a child with narcotic drugs or psychotropic substances,
and forcing a child into hazardous employment.
For example, Local NGO SANLAAP, which is involved in the rescue and
rehabilitation of trafficked girls in West Bengal, has noticed a shift in
demand in recent years - from girls aged 14 and 15 to girls aged 9 and 10.
5. A late investigation of trafficking in India by the
Indian National Human Rights Commission
(NHRC) raises the alert on the topic of re-
exploitation of trafficked casualties. For example,
girls are likely to be re-victimized in cases where
they have been:
1.Charged with solicitation and/or with undocumented
status.
2. Not notified of the charges against them.
3. Not informed about their legal rights.
4. Not informed of the progress and disposition of
proceedings against their alleged traffickers.
5.Kept in custody for long periods.
6.Subjected to insensitive, traumatic cross-
examination in court.
6. 1) According to the United Nations Office on Drugs and Crime, the
Indian Ministry of Home Affairs has initiated a comprehensive four-
year anti-trafficking scheme focusing on two important areas: (a) the
development of a cadre of master trainers through training of trainers
of the police and (b) the establishment of Anti-Human Trafficking
Units across the country, the funds for which have been committed by
the government.
2) Another key anti-trafficking intervention is the UJJAWALA scheme
for trafficked women and children, launched by the Ministry of
Women and Child Development in December 2007. UJJAWALA,
which focuses on females trafficked for the purpose of commercial
sexual exploitation.
3) The Swadhar Scheme of the Ministry of Women and Child
Development also seeks to address the needs of females in difficult
circumstances, including victims of sex trafficking.
7. SANLAAP sorted out private trainings particularly intended for legal
advisors. By building an affinity with region based legal counsellors,
SANLAAP has possessed the capacity to make legitimate referral focuses for
young ladies who have been protected and their families. It hass kept victims
Zeenat is from the Bedia community in Madhya Pradesh, Jubeida, Tuni and
Shibani’s and many other.
India Country Report: Strengthening the Legal Protection Framework for
Girls in India, Bangladesh, Kenya and Liberia (International Development
Law Organization, 2010) states that State and Union Territory Governments,
along with NGOs, have developed a variety of projects designed to address
the trafficking of girls. Such projects frequently involve awareness raising,
income generation, the provision of medical and other assistance and the
training of law enforcement officials.
8. The Government must verify that great quality training; chances of
job and salary era projects are put into operation to give great quality
life to profoundly vulnerable persons.
The use of media helps garner attention of several hundred thousand
viewers. This is an excellent medium of sensitization of people.
Government ought to incorporate sex focused training educational
program in schools and present subjects of youngster sexual
mishandle and trafficking.
Police promotion is an essential mediation that must be calibrated.
Mindfulness is the unselfishness and commonness of the issue must
be done at the level of National Planning Commission, legislators
and officials as well.
More stringent laws and better execution are required to control the
issue. Stricter disciplines should go about as an obstacle to different
traffickers.
9.
10. 1. Raise awareness: inform the world of this crime and mobilize people to
stop it.
2. Strengthen prevention: warn vulnerable groups and alleviate the factors
that make people Vulnerable to trafficking, such as poverty,
underdevelopment and lack of opportunity.
3. Ensuring that anti-trafficking laws, policies, programmes and
interventions do not affect the right of all persons, including trafficked
persons, to seek and enjoy asylum from persecution in accordance with
international refugee law.
4. Adopting measures to reduce vulnerability by ensuring that appropriate
legal documentation for birth, citizenship and marriage is provided and
made available to all persons.
5. Organisations like Not for Sale, Hope for the Sold, and A 21, among
many others, provide a chance to work to positively impact the lives of
so many persons subject to human slavery.- VOLUNTEER !
11. Jonathan Fowler, “UNICEF: Human Trafficking in Africa
Fueled by War, Economic Hardship, and Lack of Birth
Registration,” Associated Press, 23 April 2004.
Sen and Nair, above n 17.
Immoral Traffic Prevention Act (1956), Sections 3, 4, 5 and 6.
Juvenile Justice (Care and Protection of Children) Act (2000),
Sections 23, 24, 25 and 26.
See Trafficking, PILs and Cases, Human Rights Law Network
http://www.hrln.org/hrln/index.php?option=com_content&view=
category&layout=blog&id=142&Itemid=169 , 3 June 2010.
Trafficking in Persons Report 2010 – India, above n 13.
Information provided by Swasti Rana, United Nations Office on
Drugs and Crime, in an interview with HAQ Centre for Child
Rights on 5 November 2009.
Notas del editor
Vishal Jeet v. Union of India, 1990 (3) SCC 318.
Tyke is a small child
The term has been used since the late 19th century to describe a relationship into which all parties enter, remain, and depart freely. The free union is an alternative to, or rejection or criticism of marriage, viewing it as a form of slavery and human ownership, particularly for women. According to this concept, the free union of adults is a legitimate relationship that should be respected. A free union is made between two individuals, but each individual may have several unions of their own.