Human Trafficking – Anvi Sood BA LLB 2012

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All over the world people are trapped in human trafficking – a violation of their human rights. Unaccompanied children, migrants and the economically disadvantaged are most at risk. None of the countries are free of its practice, today. In the Protocol to Prevent, Suppress and Punish Trafficking in Persons (adopted by United Nation in Palermo, Italy in 2000), Article 3 paragraph (a) defines “Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”1 In the definition, there are three stages explained. First, The Act (what is done); includes recruitment, transportation, transfer, harboring or receipt of persons. Second, The Means (How is it done); includes the threat and use of force, coercion, abduction, fraud, deception, abuse of power of vulnerability, or giving payments or benefits to the one in control of the victim. The third and the last is The Purpose (why is it done); for the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labor, slavery or similar practices and the removal of organs.

The step that these practices result to take is the criminalization of trafficking. It is imperative that different spheres shall be recognized and the act be criminalized accordingly. It is because in certain cases there is either no direct involvement of one or there have been mere attempts to bring forward the deed for personal benefits. Further, domestic legislations and even the Protocol cited are required to be included. Also, the National legislation must consider the above-mentioned issue, as trafficking is prevalent since ages across countries or borders, which makes the situation even worse as it is nearly impossible to affect the main roots in any way.

There have been a number of well renowned organizations like United Nations, Polaris Project, etc. are established to eradicate the practice, help the survivors or the victims, provide care to them, help them revive and relive. The term ‘Modern Day Slaves’ is what the ‘preys’ to the crime are termed in today’ time. Many girls at the young ages of twelve, thirteen or even less are forced to become prostitutes. A very small village, Natpurwa in Uttar Pradesh is an apt example here. This village has a tradition of prostitution of 5000 people for 400 years. The daughters of the families are supposed to work as sex workers as their family expects it from them. Mentally the girls have been trapped to choose any other profession. Girls from here are sent to Dubai and Mumbai often. One of the women, who had the courage to reject the old-practiced tradition and decided to marry, Chandralekha said, “The men are used to eating off the women, they will not let their source of income dry out.”2 This also shows how people in the world behave selfish for survival. There are no family ties that could stop any female of the family to every time drop in the well.

Here it can be felt that there is a desperate need to make proper legislations and implementation of them as the problem is prevailing in most of the parts of the world. An awakening is required and people need to realize that by making women indulge in the activities by force, does not show courage. It is ruing humanity. Further, positive education is required to be provided to each one so that such a mindless practices are abolished, forever, to make the environment a completely healthy place to live in.

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About cwlsc

The Centre for Women, Law and Social Change has been established to advance inter-disciplinary approaches to feminism in teaching, research and policy advocacy. Along with academic commitment to high-quality research in the field of gender and the Centre aims to actively contribute to wider legal thinking on issues related to social justice. The Centre aims to support the initiatives of all the Centres of the JGU and actively collaborate with international, national and grassroots organisations. It encourages various student initiatives in the field of gender and social justice, and seeks to encourage critical thinking on how gender operates in a dynamic with other structures of power in both historical and contemporary contexts. The Centre members teach courses on Feminist Jurisprudence; Gender Law and Governance and Family Law.
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