Trafficking in India - Arthashastra

Anti - Trafficking In India

"Life is the Gift of our creator and it should never be on Sale."

Trafficking in India  - Arthashastra
Trafficking in India  - Arthashastra

Human Trafficking is the Trade of Human bring for the purpose of Sexual Slavery , Bonded and Forced Labour or for any Commercial Sexual Exploitation and Prostitution.

Causes of Human Trafficking in India 

  • Migration - Men for work generally migrate to major commercial cities  so because of unawareness they caught in trafficking scandals.
  • Abduction - Due to Demand their is various techniques implemented like Kidnapping and Abduction. 
  • Poverty - Poverty leads to  victimization of the trafficking scandals.
  •  Gender gap - Their is huge gender gap between women in some states like Haryana so to fulfill the need of Marriage women are trafficked from poorer states like Bihar West Bengal , Orissa and Jharkhand.
  • Tribal People - Parents in Tribal area send Kids for better life in Terms of Education and safety but they stuck in these scandals.
  •  Gender Discrimination
  • Harmful Traditional and Cultural Practice - Due to harmful traditTradi and cultural practices like Devdasi system and Bonded labour System leads to exploitation and trafficking of people's.
  • Policy Implications - Due to lack of proper policy implications the condition of trafficked person are not good. 

Statistics for Human Trafficking in India

  • Ministry of Women and Child Development state that 19,223 women and children were trafficked in 2016 against 15,448 in 2015.
  • Human Trafficking is concidered the 3rd largest organised crime Globally.
  • More then 80% victims of Human Trafficking are women and 50% are Children.
  • 70% - 80% Human Trafficking are done for sex.
  • India tops Global Slavery Index according to US State Department Report.
  • India has highest number of People Trapped in Modern Slavery.
As the number of victims are increasing so their is a need for provisions and guidelines to control the crime and reduce the same.  So the existing provisions are as follows-:

Earlier Provisions to Control Human Trafficking 

  •  India prohibits bonded and forced labour through the Bonded Labour Abolition Act , Child Labour Act and Juvenile Justice Act.
  • Section 366(A) of IPC  prohibits Kidnapping.
  •  Section 372 of IPC  prohibits selling minors into prostitution.
  •  Section 370 of IPC defines  Human Trafficking and defines punishment for the same.
  •  Article 23(1) of the Constitution prohibits Trafficking in Human  Being or person.
  • Protection of Children from Sexual Offences (POCSO) Act ,2012  prohibits sexual exploitation of children.
  • Criminal Law ( amendment) Act , 2013 criminalise trafficking .
  • Their are other minor law -: 
                  - Prohibition of Child Marriage act , 2006
                  - Bonded Labour System ( abolition) Act 1976
                  - Child labour ( Prohibition and Regulation )                      Act ,1986
                  - Transplantation of Human Organ Act , 1994
  •  Other state Government pases their specific act eg - The Punjab Prevention of Human Smuggling Act, 2012.
Our Criminal Justice System already acknowledge Human Trafficking as a crime listed above  but none  provides any relief and Rehabilitation to the victim of the offence . It is this which Handicapped the criminal Justice System,  efforts to Secure conviction with no witness / victim protection mechanism and no rehabilitation scheme , presecution suffer for lack of evidence  . Law's against human trafficking need to be Victim Centric rather then Offender Centric.

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