Mahadeep Singh Jamwal
Human trafficking means ‘Trade of Humans’ (Men, Women including Children). Trafficking in human beings is not only one of the most abhorrent crimes challenging today but it is also one of the most complex ones. The United Nations defines ‘Human Trafficking’ as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat, use of force, other forms of coercion, abduction, deception, abuse of power and abuse of position of vulnerability. Giving or receiving payments or benefits to achieve the consent of a person having control over another for the purpose of exploitation. Human Trafficking is a crime involving the exploitation of a person for labor, services, or commercial sex.
Human trafficking involves men, women as well as children as victims of the crime worldwide. The various heinous forms of human trafficking are for the purposes of sexual exploitation. Every year thousands of men, women and children fall into the hands of traffickers. (Some estimates suggest that 80% of human trafficking involves Prostitution and Sexual Exploitation). It is a serious crime and grave violation of human rights. Apart from the purpose of sexual exploitation, labor exploitation, forced criminality and organ removal are also the acts in human trafficking. The act of criminals goes widely unpunished, with States implementing very few prosecutions, and even less convictions. To arrive at what accounts for human trafficking, we find generally that human trafficking is for the purpose of: prostitution, sexual exploitation, forced marriage, pornography, organ transplant, forced labor, begging, adoption and domestic servitude.
Almost every country in the universe is affected by human trafficking, whether as a country of origin, transit or destination for victims. Trafficking of human beings involves perpetrators deriving economic profit from the exploitation of victims and their vulnerabilities. Only 10% of human trafficking in India is international, while 90% is interstate. According to a report by the National Human Rights Commission of India, 40,000 children are abducted each year, leaving 11,000 untraced. There is a strong likelihood that traffickers know their victims on a personal basis, and may even be family members. Perhaps most tragically, we know that many perpetrators were once victims of the crime themselves. There are reported cases where ‘Take Care Centers’ themselves indulge into human trafficking. There are indeed traffickers who are part of sophisticated organized crime syndicates. Here it is imperative for those working on criminology of human trafficking that they should carry out more research and analysis into traffickers, identify more indicators about their backgrounds, motivations and the exploitation mechanisms they use. This could be done by applying traditional theories of organized crime and criminality, supported by the development of case studies.
When we traverse into the causes that influence human trafficking, obvious causes of human trafficking, we can arrive at are: Demand for sex, poverty, lack of education, lack of legitimate economic opportunities, large profit making act. Fundamental theory of demand and supply is applicable to this situation as well. Men from rural areas generally migrate to major commercial cities and from here the demand for commercial sex is generated. To fulfill the supply all sort of efforts are made by the suppliers and here comes the Human Trafficking in play. This all does not mean that law enforcing agencies are toothless but have strong weaponry of laws in their quiver to short at violators. Article 23 of the Indian Constitution, prohibits Human Trafficking. Article 23 of the Constitution amended in 2014 includes the following provisions: Traffic in human beings and beggars and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Other legislations are: 1. Bonded Labor Abolition Act 1976 (The property of bonded laborers to be freed from mortgage, etc. Freed bonded laborer not to be evicted from homestead. The liability to repay the bonded debt stands extinguished). 2. The Child Labour (Prohibition and Regulation) Act, 1986 (Prohibits employment of children in certain occupations and employment). 3. The Juvenile Justice Act 2000. (Whoever employs or uses any juvenile or the child for the purpose or causes any juvenile to beg shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine) 4. The Immoral Traffic Prevention Act (ITPA or POIA) 1986. 5. Police also use IPC for the offences under Human Trafficking such as kidnapping, and selling women. 6. Trafficking in Persons (Prevention, Care and Rehabilitation) Act, 2021 (To prevent and counter trafficking in persons. The Act provides for care, protection, and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them. A police officer who acts under sub-section (1) of this section, shall inform the District Anti-Human Trafficking Committee, or the Child Welfare committee in case of child victims, about such rescue or emergence and the Committee shall take appropriate actions for providing interim relief and further rehabilitation services and support to the rescued or emerged person).
Concluding I can say on one hand, we should identify the victims, ensuring their access to justice, health, social assistance and protection, and preventing further abuse and exploitation and on the other to prevent individuals from being exploited from human trafficking, we must understand the risk factors; know what to do and who to contact to report it, expand awareness in communities. Nearly every country across borders has pledged to put the protocol against human trafficking into action by ending impunity for traffickers and ensuring that ‘Criminal Justice’ responses safeguard the interests of the victims of this human trade.
(The writer is
Senior Superintendent of Police (Retd)).
