Human Trafficking in India

INTRODUCTION:
Human Trafficking is a crime against humanity. Human trafficking has been defined as the recruiting, transporting, transferring, harboring or receiving of human beings, who are subjected to involuntary acts such as begging, prostitution or forced labor. Human trafficking takes place wherever someone sees there is a need for cheap labor, sex, and money; therefore it exists in every country in the world. Many organizations around the world have taken on extensive research projects to attempt to identify the scope of the problem, none have been completely successful. Multiple reports point to India as a source, destination, and transit country. The huge population and location seem to be contributing factors to this statement. It is less liking that someone would be caught trafficking among the population. The number of borders India shares with its neighbors adds to the problem. China, Nepal, Bangladesh, and Pakistan all have been identified as countries with a significant amount of human trafficking. It is also arguable that many industries in India require manual labor, which is also a factor. The Trafficking in Persons Report published by the United States Department of State identifies India as a country having both labor trafficking and sex trafficking issues. The number of persons trafficked is estimated to be in the millions. United Nations Office on Drugs and Crime (UNODC) that ranks India as a country of high origin for human trafficking. This same report also ranks India as a high destination country. A high origin country means that people from India are trafficked to other countries, while a destination country would refer to people from outside India being brought into the country and harbored there. From these reports, it is safe to conclude that there is a problem in South Asia, including the country of India.

In India, there is no national anti-trafficking effort, no recognition of bonded labor on an official level, and poor efforts against sex trafficking. The world's largest democracy has the world's largest problem of human trafficking. This briefing took place at the release of the 2007 Trafficking in Persons Report. The Trafficking in Persons Report published by the State Department said that, India is on the Tier 2 Watch List, while the worst of countries are on the Tier 3 List. If indeed India does of the worlds largest labor trafficking problem, then it should have been included on the Tier 3 List along with the other 16 countries on that list. The Trafficking Victim Protection Act of 2000 is the U.S. law that was created to attempt to combat human trafficking. It lays out the criteria for which list a country will be placed on. A country on the Tier 2 Watch List, also known as the Special Watch List, is a country where the number of victims of this crime is significant or is significantly increasing, the government of the country has not produced concrete evidence to demonstrate their combat towards the severe forms of trafficking over the prior year, and the country is making significant efforts to comply with the minimum standards. India has been on this list for four consecutive years, including 2007. The specific reason given for this is that the Indian government has not recognized the countrys huge bonded labor population. Non-governmental organizations (NGOs) estimate that between 20 million to 65 million bonded laborers are held in India. Another reason is that the government has not taken action to prosecute or punish three government officials that were found to be involved in trafficking-related corruption.

Magnitude of the Problem

In India, a large number of children are trafficked not only for the sex trade but also for other forms of non-sex based exploitation that includes servitude of various kinds, as domestic labour, industrial labour, agricultural labour, begging, organ trade and false marriage. Trafficking in children is on rise, and nearly 60% of the victims of trafficking are below 18 years of age (NCRB, 2005). According to NHRC Report on Trafficking in Women and Children, in India the population of women and children in sex work in India is stated to be between 70,000 and 1 million of these, 30% are 20 years of age. Nearly 15% began sex work when they were below 15 and 25% entered between 15 and 18 years (Mukherjee & Das 1996).

Legal Framework
India has a fairly wide framework of laws enacted by the Parliament as well as some State legislatures, apart from provisions of the Constitution which is the basic law of the country.

Legal Framework to Address Trafficking in India Article 23 of the Constitution Guarantees right against exploitation; prohibits traffic in human beings and forced labour and makes their practice punishable under law Article 24 of the Constitution *Prohibits employment of children below 14 years of age in factories, mines or other hazardous employment.

Indian Penal Code, 1860 There are 25 provisions relevant to trafficking; significant among them are:

*Section 366A - procuration of a minor girl (below 18 years of age) from one part of the country to the another is punishable. *Section 366B - importation of a girl below 21years of age is punishable. *Section 374 - provides punishment for compelling any person to labour against his will.

Immoral Traffic (Prevention) Act, (ITPA) 1956: Renamed as the Suppression of Immoral Traffic Act, 1956 (SITA)in Women and Girls Deals exclusively with trafficking; objective is to inhibit / abolish traffic in women and girls for the purpose of _ Procuring, including or taking persons for prostitution; _ detaining a person in premises where prostitution is carried on; _ Prostitution is or visibility of public places; _ Seducing or soliciting for prostitution; _ Living on the earnings of prostitution; _ Seduction of a person in custody; and _ Keeping a brothel or allowing premises to be used as a brothel.

International Laws
International laws lay down standards that have been agreed upon by all countries The following are the most important International Conventions regarding trafficking of children: 1. The Convention on the Rights of the Child, 1989.

2. The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000. 3. The Convention on the Elimination of All forms of Discrimination against Women, (CEDAW) 1979. 4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Conclusion
Trafficking in human beings, especially children, is a form of modern day slavery and requires a holistic, multi-sectoral approach to address the complex dimension of the problem. It is a problem that violates the rights and dignity of the victims and therefore requires essentially a child rights perspective while working on its eradication. In the fight against trafficking government organizations, non-governmental organizations, civil society, pressure groups, international bodies, all have to play an important role. Law cannot be the only instrument to take care of all problems.