Paper Title:-

Child Trafficking and Sexual Abuse: Challenge to Human Rights in Modern India

Main Title:- End The Misery, Stop Human Trafficking

INTRODUCTION

Trafficking1 is a deal for recruiting or hiring, transporting, transferring or harboring of a person

through means such as threat or use of a force, coercion or vulnerability; with a motive of
exploiting that person through forced labour, removal of an organ or organs, slavery or other
forms of exploitation. Thus, it can be concluded that trafficking is an occupation of the informal
sector and hence is not accounted for. It is a violation of Human Rights which leads to a serious
crime. Trafficking is an area of human experience that is highly complex and which evokes
contradictory and influential feelings amongst those enticing to understand this. Trafficking in
children (both boys and girls) and women has become a matter of serious national and
international concern. Both have been exposed to unparalleled vulnerabilities. It is a commercial
exploitation2 and is considered to be the third largest form of organized crime and a multimillion
dollar business. Trafficking is forbidden by the constitution of India.

THE HISTORY OF HUMAN TRAFFICKING

There are number of arguments about when trafficking of humans could have started. Few say
that the Africans were the first victim of human trafficking; they were captured by slave traders
and shipped across the Atlantic to the Americas. Few says that during 1700s, the King
subjugated people after the war and make them their slaves. These forced labor of children
worked as domestic servants. This practice was started in ancient time, but now it has become
an illegal practice. Earlier human trafficking for sexual purpose was legally recognized as White
Slavery. According to Kristiina Kangaspunta, the Executive Officer of UNICRI branch, United
Nations, White Slavery is defined as obtaining of a white girl or woman by the use of drugs or
force or by dishonesty for the purpose of sex which is unwanted by the girl or woman.

1
Serious violation of fundamental rights and freedom of an individual
2
United Nations (2000). "U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children"
FIGHT AGAINST SEX TRAFFICKING:-

In 1807, British were the first to frame a law against slavery. In 1820,following Great Britain’s
example United Nations declared slave trade as a crime which was punishable by death. In 1899
and 1902 International Conferences on White Slavery were organized in Paris and France
respectively. Later in 1904, an international agreement against the white slave trade was framed
with a focal point on children and women. In June of 1921, the League of Nations held an
international conference in Geneva, in which the word 'white slavery' was altered to 'traffic of
children and women'. However, in 1949, the United Nations passed the first Convention of the
Traffic in Persons and the Exploitation of the Prostitution3 of Others. This convention of human
trafficking which was legally bind to the countries that signed it and required the countries to
make prostitution illegal. However, like all of the conventions before it, only dealt with human
trafficking that had a sexual purpose. In 2000, the United Nations Protocol was passed against
Trafficking in Person which made all forms of human trafficking illegal.

Domestic Servitude or Modern Slavery

“Trafficking in persons,” “child trafficking4,” and “modern slavery5” are used as similar terms to
refer to both sex trafficking and compelled labor.

Human trafficking is the illegal transportation of kidnapped women, children, and men across
international borders in order to put them into slavery at the destination place. It is seen as a
modern slavery which is now most common and affect the most people. According to Walk Free
Foundation, there were 46 million people worldwide enslaved in 2016 in the form of "human
6
trafficking, forced labor, bondage from indebtedness, forced or commercial sexual
exploitation", with an estimated 18 million of those in India and it is also estimated that between
500,000 and 800,000 victims enter the trade each year.

Domestic servitude it is a similar concept like that of modern slavery but with different name. It
is a form of trafficking in human beings which is extremely difficult to detect because the work
is performed in private residences. Domestic work is by nature a hidden form of employment and
3
Oldest profession in the world
4
UNICEF, and UN.GIFT (2009). "Training Manual to Fight Child Trafficking in Children for Labour, Sexual and
Other Forms of Exploitation – Textbook 1: Understanding Child Trafficking"
5
India tops the list of modern slavery with 18 million slaves
6
Prajwala vs. Union Of India
form a part in the informal economy. Some domestic workers are migrant workers from other
countries or migrant in the same country mainly from rural areas to the city. For many, domestic
work is one of the very few options available to them to earn a living for their family and for
themselves. But this domestic work is poorly regulated and undervalued, in general they do not
enjoy the same protection as other casual workers enjoys, such as legal contracts, minimum pay,
holidays, social security, maternity benefits and health care. Anti-Slavery International was one
of the first organizations to highlight the issue of domestic slavery, particularly for child
domestic workers and migrant women. In western Nepal, as many as 25,000 young girls are sold
as domestic servitude by their impoverished parents for as little as $30.they are known as
Kamlaris, these girls are sold like cattle and also treated like animal only. They are physically,
sexually, and emotionally abused. The victims caught in this situation of domestic servitude
because of their own fault which are- they lack information about their rights, they lack a work
contract, they depend on their employer for food and housing and there are many more reasons
which show that the major mistake is done on the part of victim.

Sexual Abuse
According to a report published by the U.S. Department of State, “India is a source, destination
and transit country for men, women and children subjected to forced labour and sex purposes”.
Both of these are the illegal activity and to continue these illegal activity some illegal source has
to be opted that’s why trafficking is seen as the most reliable and economical option available.

Commercial Sexual exploitation or sexual abuse with children is the main cause of child
trafficking but it has a much wider concept then only being a cause of some problem. It includes
prostitution of children, child pornography, child sex tourism or other forms of transactional sex
with children but among all these demand of prostitution is at the top. Sexual exploitation apart
from being a cause of child trafficking, it is a great problem on its own that’s why it need to be
discussed separately as well.

Figures
 According to the survey sponsored by Ministry of women and child development
estimated that about 40% of India's prostitutes to be children.
  In 2009, it was estimated 1.2 million children are trafficked worldwide for sexual
exploitation.
 Only 10% of human trafficking in India is international, while almost 90% is interstate.
 NGO’s estimate that 12,000-50,000 women and children are trafficked into the country
annually from neighbouring states for the sex trade.

Law relating to child sexual abuse

Protection of Children from Sexual Offences Act,2012

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formulated in
order to effectively address sexual abuse and sexual exploitation of children. It defines different
forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual
harassment and pornography. This Act provides protection to all children under the age of 18
years from the offences of sexual assault, sexual harassment and pornography. Photographing a
child in a obscene manner is also included in this under the ambient of sexual offence. The Act
incorporates child friendly procedures for reporting, recording of evidence, investigation and
trial of offences. Special court permission is required by the media to disclose the identity of the
child.

CAUSES OF CHILD TRAFFICKING.

The root cause of child trafficking varies from one victim to another from one state to another
state. Trafficking is a very complicated phenomenon which is often effected or driven by
economic, social and other factors. Poverty, lack of awareness, job offer, marriage, migration etc.
gave birth to human trafficking which are the most common cause. It is impossible to list down
the numerous causes of child trafficking in India due to the nature of crimes.

There are 2 model which shows how this whole trafficking network is working under:

Push and Pull Factor – These are basically those circumstantial factors which push human into
that situation, after which they don’t have any other option available then to sell themselves. The
push factors can be the socio- economic condition, these poor socio-economic conditions along
with other contributing factors like lack of education, no skills, no family support, no awareness
regarding trafficking and many more leads them to live the life of a trafficked. These are the
push factors which pushes them into the hands of the traffickers, who uses these weaknesses as a
weapon against them and manipulate their mind to get them in their well planed trap. And now
comes the pull factors which can be the bright and twinkling light of the city, it is seen as a place
for job, easy money, better pay, sorted life but they are not aware about the realities of these big
flaunt cities. These all things are just bait for all of them who are not aware about all this, as all
glittering thing is not gold. Now both these factors give rise to a trafficker, here trafficker is seen
as a medium to fulfill their basic needs and being unaware of the harsh reality that is waiting for
them in near future.

Demand and supply Logic

Supply of people is an important element for the continuation of trafficking but demand is what
really drives this industry. Demand for these people arises mainly from the developed countries
and to meet that demand the people are trafficked from the underdeveloped or poor countries
where they are available in plenty and if not available then they can be easily mind washed to
made them ready, it can be done because of the situation in which they are living is so bad that
they can’t deny the offers they are offered. The supply is promoted by factors such as poverty,
old laws, social instability, military conflict, environmental disaster, corruption, and biasness
with women. Apart from this the migrant from other country are the easy target for trafficking as
they are new to that place and already facing so many political, social and economical problems.
So many women who once entered the sex industry as a prostitute by their own or by force, find
it difficult to return back because they are embarrassed about their abuse and experiences. They
choose to stay in the sex business because its easy to enter but returning home is very difficult
and also this industry gave them easy money which they find it difficult to earn somewhere else.
The women and children are the easy target from all around the world and the women and
children from poor countries are very easy target due to this the traffickers can easily supply
them without any shortage and delay.

Demand arises mainly for two purposes i.e. forced labourer and sexual purposes. These demand
are generally made from the developed countries where both of these services are generally
available at quiet high prices and also that for limited time. So trafficked people is seen as one of
the most suitable option available to them. According to a study there is three type of demand
which arises here i.e. employer demand which is demand by employer, owner, managers etc.;
next is the consumers demand which is demand by clients in sex industry, for household work
etc and the last one is the third party who are involved in this process of trafficking. So now to
fulfill these demands; a series of operation get started, it is a whole pre planned process in which
all the roles are divided from identifying the victim to send that victim to the buyer. This activity
is executed because of the inefficiency of the government to execute the laws and to stop these
malpractices. Nothing much is done by any government, agencies or international organization to
put an end to this demand, they all did just one thing which is making law but these laws are not
executed to its full extent due to which this practice of trafficking is still continuing.

Effects of Child Trafficking:-

In the present world, human trafficking is considered as one of the most profitable business. It
has a numerous effect on the victim such as social effect, psychological effect and many others
which are listed below:-

1. PSYCHOLOGICAL EFFECT:-

Traffickers recruit their victims between the age of 6-24, because a young victim will easily fail
to resist pressure or force and give in. They are forced in hazardous environment into heavy
physical labour. They are also taught the use of weapons. This lead the children suffering from
emotional disturbance, lack of self esteem and depression. Any children who becomes a victim
of prostitution develop deep psychological disorders.

2. HEALTH EFFECTS:-

Many a times, children and women are sexually exploited and forced into prostitution. These
victims cater 10-15 clients in a day. Victims are also abused by being forced to take drugs.
Victims are trapped into malnourishment because of improper supply of meals and lack of
nutritious food.
 3. SOCIETAL EFFECTS:-

The victims are used as a bonded labour in their own country. Many are transported to another
country, whereupon arrival their migration documents, passports are taken away and left them
immobile and helpless. They are kept in unhygienic and very poor living conditions. They don’t
even provide any provision for healthcare.

EFFECTIVE LAWS ON CHILD TRAFFICKING

 Article 23 (1) of constitution

Trafficking in Human Beings or Persons is prohibited under the Constitution of India.

 The Immoral Traffic (Prevention) Act, 1956 (ITPA)

It is s an Act which provides in pursuance of the International Convention signed at New York
on the 9th day of May, 1950, for the prevention of immoral traffic. The Act intends to combat
trafficking and sexual exploitation for commercial purposes. While prostitution is not an offence,
practicing it in a brothel or within 200 m of any public place is illegal. According to Articles 1 &
2 of the Convention countries are bound to punish persons who, to gratify the passions of another
procures, entices or leads away, for purposes of prostitution, another person, even if it is with the
consent of that person.

 It is to be noted that in the case of Sushila vs. State of Tamil Nadu; the Madras Court
held that "a solitary example of prostitution in a place does not make a place a ‘brothel’".
 Gaurav Jain vs. Union Of India.

 Criminal Law (amendment) Act 2013

It has come into force in year 2013, wherein Section 370 of the Indian Penal Code has been
substituted with Section 370 and 370A IPC which provide for comprehensive measures to
counter the problem of human trafficking including trafficking of children for exploitation in any
form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the
forced removal of organs.
  Protection of Children from Sexual offences (POCSO) Act, 2012

The Protection of Children from Sexual Offences Act (POCSO Act) 7 82012 was formulated in
order to effectively address sexual abuse and sexual exploitation of children. It defines different
forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual
harassment and pornography. This Act provides protection to all children under the age of 18
years from the offences of sexual assault, sexual harassment and pornography. Photographing a
child in a obscene manner is also included in this under the ambient of sexual offence. The Act
incorporates child friendly procedures for reporting, recording of evidence, investigation and
trial of offences. Special court permission is required by the media to disclose the identity of the
child.

Before POSCO Act, Goa Children’s Act 20039 was considered as the only piece of child abuse
legislation. Under the following sections of Indian Penal Code, child sexual abuse was
prosecuted. The following sections are:-

Rape- Under I.P.C 375 of 1860

Outraging the modesty of a woman- Under I.P.C. 354 of 1860

Unnatural Offences- Under I.P.C 377 of 1860

Though, I.P.C. was not considered to be fruitful for the protection of the children due to various
loopholes such as:-

Section 375 of I.P.C doesn’t protect any male victims or anyone from sexual act of penetration.

In Section 354 of I.P.C. there is an absence of statutory definition of Modesty.

Section 377 of I.P.C. has not defined the term unnatural offences properly.

7
"Parliament passes bill to protect children from sexual abuse". NDTV. May 22, 2012.
8
The Protection of Children from Sexual Offences Act, 2012 Kerala Medico-legal Society website
9
"CHILDLINE India Foundation : Documents - Cause ViewPoint - CHILD SEXUAL ABUSE- The Law and the
Lacuna"
SPECIAL SAFEGUARDS:-
Efforts put to Stop or lessen by Government, NGO and Others:-

CONSTITUTIONAL SAFEGGUARDS:-

 Article 21 of the Indian Constitution guarantees right to live with dignity.

 Article 23 of the Constitution of India guarantees the right against exploitation. It
prohibits the trafficking of human beings and forced labour and made such practice
punishable under law.
 Article 24 of the Indian Constitution prohibits employment of children below 14 years of
age in mines, factories or other hazardous employment.

NGO SAFEGUARDS:-

The society or the State needs to put an effort to combat the menace of child and women
trafficking in the country. The possible efforts can be summarized as under:-
 Implementation of an effective Policy
 Frequent raids by the officers to track the trafficked person.
 Rescued persons are given training programmes to be economically dependent.
 NGO provide counselors to the families of survivors.

Under the Indian Peal Code, significant provisions are:-

 Section 366A: Procurement of a minor girl (below 18 years of age) is punishable

from one part of the country to another.

 Section 366B: Importation of a girl who is below 21 years of age is punishable.

 Section 374: Provides punishment for compelling any person to labour against his
will.
Suggestion
 Strengthening the laws- Amendments must be done in those old fashioned laws which
was established to stop trafficking but now those laws are just useless so amendments
must be done to make them suitable for this 21st century.
 Regulation on brothels – There are some laws which permits prostitution because of
that these brothels house can’t be shut down but proper guidelines can be given to them
and also proper check can be put on them. There are many registered brothel house but
there are many as well which are not registered and running illegally. So measures can be
taken to stop this.
 BSF to be alert to trafficking ( Border Control) – In border areas BSF should be alert
to trafficking as most of these trafficking from Nepal and Bangladesh is done illegally
through these border only.
 Post-rescue rehabilitation- rescued victim will be helped throughout till the time they
got reunited with their family and the culprit behind their miserable situation got
convicted.
 Public Education- Public Education should be provided to the victims and the survivors
of the victims.
 Raise Awareness – Government, NGO’s and every individual should make other people
aware about this problem of trafficking, how it operates, causes etc. As anyone can be a
victim of trafficking.
 Volunteer your time – Everyone must involved in one or other social organization.
There are two benefit of joining this first is you can utilize your time and help yourself to
builds social relationship; and second is that, it this practice might help any victim of
trafficking.
 CONCLUSION:-

The ultimate goal of this paper was to identify the nature of child trafficking and sexual abuse. It
can be concluded that trafficking is an occupation of the informal sector and hence is not
accounted for. It is a violation of Human Rights which leads to a serious crime. . It is a
commercial exploitation and is considered to be the third largest form of organized crime and a
multimillion dollar business and is forbidden by the constitution of India. Poverty, lack
of awareness, job offer, marriage, migration etc. gave birth to human trafficking which are the
most common cause. Certain circumstantial factors which push human into that situation, after
which they don’t have any other option available then to sell themselves. The push factors can
be the socio- economic condition, these poor socio-economic conditions along with other
contributing factors like lack of education, no skills, no family support, no awareness regarding
trafficking and many more leads them to live the life of a trafficked. The pull factors which can
be the bright and twinkling light of the city, it is seen as a place for job, easy money, better pay,
sorted life but they are not aware about the realities of these big flaunt cities. Child Trafficking is
also affected by many factors and thus it has different types of effects in the society and on the
victims too. Laws and special safeguards are made for the protection of the victims of child
trafficking and sexual abuse. The paper also concludes POSCO Act and other legislations for the
protection of minors and women sexual abuse.

Bibliography:-

Nauman, C. (2017). India Has the Most People Living in Modern Slavery. [online] WSJ.
Available at: http://blogs.wsj.com/indiarealtime/2016/06/02/india-has-the-most-people-living-in-
modern-slavery/ [Accessed 25 Oct. 2017]

The Times of India. (2017). ‘Education is key factor in curbing human trafficking’ - Times of
India. [online] Available at: http://timesofindia.indiatimes.com/city/nagpur/education-is-key-
factor-in-curbing-human-trafficking/articleshow/61028403.cms [Accessed 25 Oct. 2017]

Scribd. (2017). Combating Human Trafficking: A Legal Perspective with Special Reference to
India | Human Trafficking | Victimology. [online] Available at:
http://www.scribd.com/document/240463782/Combating-Human-Trafficking-A-Legal-
Perspective-with-Special-Reference-to-India [Accessed 20 Oct. 2017]
Antislavery.org.au. (2017). What is trafficking?. [online] Available at:
http://www.antislavery.org.au/home/what-is-trafficking.html [Accessed 20 Oct. 2017]

Scribd. (2017). The History of Human Trafficking | Human Trafficking | Sexual Slavery. [online]
Available at: http://www.scribd.com/document/241875040/The-History-of-Human-Trafficking
[Accessed 23 Oct. 2017]

timesofindia. (2017). [online] Available at:

http:///books.google.co.in/books?id=1xFnEyqFupUC&pg=PA252&lpg=PA252&dq=programme
+initiated+for+child+trafficking&source=bl&ots=G5YELuSSNu&sig=eOPuqVwfLtgpAU0c2R
YEojLO5rk&hl=en&sa=X&ved=0ahUKEwja5OG15ZnXAhUNSY8KHaFmDPoQ6AEISTAG#
v=onepage&q=programme%20initiated%20for%20child%20trafficking&f=false [Accessed 31
Oct. 2017].

Scribd. (2017). Gender, Trafficking, and Slavery | Human Trafficking | Sexual Slavery. [online]
Available at: http://www.scribd.com/document/340809619/Gender-Trafficking-and-Slavery
[Accessed 23 Oct. 2017]

En.wikipedia.org. (2017). Child trafficking in India. [online] Available at:

https://en.wikipedia.org/wiki/Child_trafficking_in_India [Accessed 25 Oct. 2017]

AUTHORS PROFILE:-

Author 1: Sakshi Sonal

Institute:- Symbiosis Law School, Hyderabad

Survey No. 292, Off Bangalore Highway, Mamidipally, Kothur Village

509217

Designation:- Student Of B.A.LL.B. 2nd Year

Contact No. 7286949429

Author 2:- Nikhil Garg

Institute:- NorthCap University

Gurugram, Haryana

Designation:- Student of BBA. LLB. 2nd Year

Contact No:- 9910773995