EXISTING LAWS ON HUMAN TRAFFICKING: AN OVERVIEW
Name of the Author – Prayank Jain
Name of Co-authors – Rohan Khurana
Name of the Institute –
Symbiosis Law School, Sector -62, Noida-201301 (Constituent of Symbiosis International University)
E-mail Addresses & Contact Numbers –
Prayank Jain- firstname.lastname@example.org , +91-99102-40032
Akanksha Shahi - email@example.com , +91-88267-14380
Rohan Khurana – firstname.lastname@example.org , +91-95609-67679
Country – India
This paper will explore the ways and how human trafficking is becoming a problem in India. Human trafficking is big business, with industry estimates running in the billions of dollars annually. Much of that profit accrues to traffickers, illegal profiteers, and organized crime groups. However, the private sector also reaps economic benefits, directly and indirectly, from human trafficking. Despite these economic realities, the dominant approach to combating human trafficking has been to rely almost exclusively on governments and social services organizations to do the job. In this article we have pointed to some common pitfalls and particular challenges in research on human trafficking. We start out by defining the word “trafficking” which has constantly been a challenge to be understood and also “What are Human Rights?” Next, we present the types of human trafficking and there challenges as identified in populations and the changes in their behaviours, arguing that primary data collection in trafficking field should focus on former victims, and not current victims or persons at risk. Thereafter we discuss the laws made by the Indian governments so as to overcome human trafficking in the country. Then we discuss the steps taken by the government against the cases of human trafficking. Focus will also be on the challenges in identification of trafficking victims and when the victims themselves do not want to be identified with the trafficking label. We will also compare the Indian laws with the laws of those countries whose Human Trafficking laws are considered to be best amongst other countries and about their execution of the laws in the cases reported. Finally, we mention the methods to resolve the problems of human trafficking in India and conclude the topic by giving our views as well.
What is Trafficking?
The Oxford English Dictionary defines traffic as ‘trade, especially illegal (as in drugs). It has also been described as ‘the transportation of goods, the coming and going of people or goods by road, rail, air, sea, etc. The word trafficked or trafficking is described as ‘dealing in something, especially illegally (as in the case of trafficking narcotics)’. The most comprehensive definition of trafficking is the one adopted by the UN Office of Drugs and Crime in 2000, known as the “UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,” 2000 under the UN Convention against Transnational Organized Crime (UNTOC). This Convention has been signed by the government of India. Article 3
a) Trafficking in persons shall mean the recruitment, transportation, transfer, harboring 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 of receiving of payments or benefits to achieve the consent of a person having control over another person’s, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour services, slavery or practices similar to slavery, servitude or the removal of organs; b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph c) The recruitment,...
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