Page 1 of 6

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 12

November 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 135

Women and Child Trafficking in India: Causes and

Prevention

Archit Shivam Mishra

LLB Honors, Amity law school

Guru Gobind Singh Indraprastha University, Delhi

Abstract

Trafficking in women and girls is one of the most corrosive forms of violation of human

rights. It results in gradual total destruction of a woman‘s personal identity, and her right to

live as a free human being in a civilized society. Trafficking has been rightly referred to as a

modern form of slavery. Unfortunately, trafficking in human beings is also the fastest

growing form of transnational organized crime. It thrives on the fact that many countries do

not have adequate laws against trafficking. The laws also often do not impose an adequate

punishment on the traffickers, pimps, brothel-keepers or clients. This makes it much less

risky for organized crime syndicates to indulge in human trafficking.

Keywords: Trafficking, Violation, Organized crime, Human rights, Right to live.

Extent of Trafficking: An International

perspective

Within Europe trafficked persons have

been found in large numbers in Austria,

Belgium, East Germany, Hungary, Italy,

the Netherlands, Poland, Spain,

Switzerland, Turkey and the United

Kingdom. In South Asia trafficking takes

place from Nepal and Bangladesh as well

as Sri Lanka into India. India is a receiving

country as well as a transit and sending

country. In addition, there is considerable

internal trafficking within Asian and Latin

American countries and elsewhere. The

US State Department estimates that at least

700,000 persons, especially women and

children, are trafficked each year across

international borders. The impact of

migrant trafficking in Canada is estimated

at 8000 to 16000 persons per year arriving

illegally. A survey conducted in India by

the Central Social Welfare Board in 1991

in six metropolitan cities indicated that the

population of women and children in

commercial sex was between 70,000 to

100,000 of which about 30% were below

the age of 18. As the report of the U.N.

Secretary General of 25 January 2002 on

―Integration of the Human Rights of

Women and the Gender Perspective:

Traffic in Women and Girls‖ points out,

―The problem of trafficking and the web of

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Journal for Studies in Management and Planning

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ISSN: 2395-0463

Volume 03 Issue 12

November 2017

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human rights violations it embraces

present some of the most difficult and

pressing issues on the international human

rights agenda. Therefore, other forms of

trafficking such as trafficking for domestic

work cum sex slavery, for debt bondage,

for labour, for begging, camel jockeying

and such other forms of slavery-like

practices are not included in the SAARC

convention.

Cross-border trafficking also victimizes

children from Nepal. Girls are sent to India

– generally for prostitution – while boys

are sent to work on construction sites,

brick kilns, tea plantations, and in

manufacturing.

The Universal Declaration of Human

Rights adopted by the UN General

Assembly in 1948 provides in Article 4

that ―no one shall be held in slavery or

servitude; slavery and the slave trade shall

be prohibited in all their forms‖. In order

to evolve effective strategies to combat

trafficking, differences in kinds of

trafficking must be borne in mind since

trafficking networks, routes and end

destinations differ, depending on the

nature of trafficking.

Women who face discrimination within

their family and outside are often ill

treated or subjected to domestic violence.

Such women are easy victims for

traffickers. Women and girls are also sold

to traffickers by the male members of the

family in order to earn some money or

obtain a share of their future income.

Many of these women migrants may be

illegal migrants smuggled into the country

to which they have migrated because strict

immigration policies may not permit

migration. The fact that a large number of

victims of trafficking come from poorer

classes - tribals and similar groups, or

from disturbed areas shows the close link

between poverty, deprivation and

trafficking.

Trafficking is basically done for the

purpose of sexual and other forms of

̳exploitation‘, and the victim never gives

̳consent‘ to such sufferings. The end

purpose of trafficking is totally different

from migration or smuggling. Even if there

is manifest consent as the victim is lured,

cheated, falsified, deceived and often

coerced, it is in fact, a facade of consent

and not ̳informed consent. Trafficking is

modern-day slavery. Men, women, and

children from developing countries are

trafficked to industrialized countries for

forced prostitution, forced labour, and

other forms of exploitation. According to

U.S. government estimates, up to 800,000

people are trafficked across international

borders annually, and up to 17,500 people

are trafficked into the United States each

year.

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Farrell and Fahy (2009) found that the

public framing of the problem in the US

has changed over time, corresponding with

the adoption of policies focused on

national security and the identification,

apprehension, and criminal prosecution of

trafficking perpetrators. Global attention to

the problem of human trafficking began as

a result of increased social awareness of

the sexual exploitation of women and

children. While there exist earlier

declarations against historical slavery

(Androff, 2010), It is estimated that 56

percent of all trafficking victims are from

Asia and the Pacific (Miko, 2003; UN

GIFT, no date). Japan and other Asian

countries including Thailand, the

Philippines, and Burma, are known for

large sex tourism industries (Miko, 2003).

Anti-trafficking law in India

The Suppression of Immoral Traffic Act

1956 (SITA), amended as the Immoral

Traffic (Prevention) Act (ITPA) in 1978

and later in 1986, was in response to the

ratification of the International Convention

on Suppression of Immoral Traffic and

Exploitation of Prostitution of Others in

1950. The ITPA toughened penalties for

trafficking in children, particularly by

focusing on traffickers, pimps, landlords,

and brothel operators, while protecting

underage girls as victims. The Government

of India has therefore recently attempted to

amend the law and absolve the sex

workers of the offence of soliciting or

seducing by deleting Section 8 of the act

even though it complicated the matter by

suggesting exemplary punishment for the

clients under a new section 5C. These legal

definitions reflect a concerted effort to

move away from traditional perspectives

that narrowly defined trafficking as the

movement or recruitment of women or

girls into the sex sector and toward a

broader understanding of the problem as

also involving the exploitation of women,

men, and children in non-sex sectors.

Apart from the ITPA, trafficking of

women and children for sexual

exploitation is covered under several other

sections of the Indian Penal Code (IPC),

namely, 366A (Procuration of Minor Girls

Under 18 Years of Age), 366B

(Importation of Girls Under 21 Years of

Age From a Foreign Country), 367

(Kidnapping and Abduction for Slavery,

Unnatural Lust, etc.), 372 (Selling of

Minor Girls for Prostitutions), 373

(Buying of Minor Girls for Prostitutions).

Anti-trafficking programs can cause

damage by putting restrictions (sometimes

unlawful) on young women‘s decisions to

migrate, to travel or even leave the

parental house (Friesendorf, 2007).

Modern-day anti-prostitution feminists and

their conservative and religious allies have