The Way Forward For Anti-Human Trafficking Measures And Actions For Women In India
Author: LawSphereX
Category: International Law
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THE WAY FORWARD FOR ANTI-HUMAN TRAFFICKING
MEASURES AND ACTIONS FOR WOMEN IN INDIA Dr. B.S. Selvakumar, Associate Professor of Political Science, Voorhees College, Vellore, Tamil Nadu Dr. V. P. Prince Prabakaran, Associate Professor of Economics, Voorhees College, Vellore, Tamil Nadu
ABSTRACT
This paper presents a comprehensive analysis of the current state of antihuman trafficking measures in India, with a specific focus on women. Examining legal, institutional, and socio-economic aspects, it identifies gaps and challenges in the existing framework. The proposed way forward involves strengthening legal mechanisms, enhancing law enforcement capabilities, fostering international collaboration, and addressing root causes through community-based initiatives and economic empowerment. Through a critical analysis of existing frameworks and an exploration of socioeconomic factors contributing to vulnerability, the paper proposes a comprehensive approach. The suggested framework includes legal and institutional enhancements, international cooperation, community-based initiatives, and socio-economic empowerment.
The paper concludes with actionable policy recommendations to guide stakeholders in addressing the complex issue of human trafficking and promoting the well-being of women in India. Keywords: Women, Trafficking, Legislation, Rehabilitation, Survivors, Education and Empowerment.
INTRODUCTION
Women are the most vulnerable section of the society as a result they are subjected to sexual exploitation. Study related to women and women related problems has been a global concern for a long time as they have been subjected to violation of human rights. Number of International Conventions, treaties and agreements such as United Nations Protocol to Prevent, and Suppress and Punish Trafficking in Persons, Especially Women and Children, Convention on the Elimination of All Forms of Discrimination Against Women has been enacted and also State parties who were signatories have enacted legislations incorporating the provisions of the Conventions.
Trafficking Persons Report presented to the UN regarding the magnitude of trafficking and the compliance and non-compliance of Trafficking provisions, the National Crime Records Bureau of India states that the percentage of trafficking of women is on a higher side than men and children. The reason is they are considered to be weaker sections of society and are subjected to exploitation irrespective of the socio-economic status in the society. EFFECTIVENESS OF LAW ENFORCEMENT Law enforcing authorities have failed due to which traffickers go scot free, and women are subjected to sexual exploitation. Human trafficking is considered as a criminal network created by the traffickers which is very difficult to break.
It was found during research that in most of the cases of trafficking of women, the traffickers have made false promises of marriage, lucrative job opportunities in other parts of cities or abroad, victims fall prey to this offer and consent is given. Victims realise the fact of being trafficked only after they are subjected to exploitation and promises are not performed. In that situation it becomes difficult for them to escape from the clutches of traffickers and report to the police. Even if they report it was found during research that police either refuse to register the case and insists the victims to compromise with the traffickers, when the victims insist in prosecuting the traffickers with assistance of NGOs are other law enforcement authorities due to long procedure of trial and harassment meted out during trial forces her to turn hostile.
It was found during empirical study women are trafficked mainly for subjecting them to exploitation and mainly for prostitution. When the police conduct a raid in brothels the victims are arrested along with the brothel owners but the trafficker who trafficked the victims and who sold the victims is not at all in the picture. Thus traffickers go scot free even though they are criminals to be prosecuted. This hypothesis is proved to be correct.
A trafficked person is subjected to social stigma and due to which some of their family members and the society abandon them. They were unable to escape from the clutches of the traffickers until the police rescued them. The rescued victims of trafficking who are sent to state shelter homes find it difficult to get back to their hometown or convince their family members or their relatives because the moment they get the information they were arrested by the police they are reluctant to accept the victims into the family as members. Survivors of trafficking are labelled as prostitutes or women of being a loose character which becomes an impediment in the reintegration process.
In some cases, the survivors of trafficking accept the life which they have come across out of compulsion and refuse to go back to their family even if all assistance is given by the government for their re-integration. Thus this hypothesis is partly proved as to the fact that parents or husband refuse to accept the survivor of trafficking and partly disproved as to the fact even if family members of husband accepts to take them back the victims refuse to go back. The law enforcement authorities are not considering the magnitude of the trafficking issue seriously as a result it is increasing at an alarming rate. Trafficking of women has been in existence for a long time but the offence was not considered as serious crime. The law enforcement authorities such as the police never considered missing girls' cases also include cases where women are subjected to trafficking.
In the process of research, it was found that the police officials have not recorded even a single case of missing girls for a period of 10 years in Bangalore city and trafficking of women is nil. If we consider the report obtained from 16 police stations as accurate data, then the trafficking of women rescued and found in shelter homes should also be nil. But the researcher found that the rescued survivors found in the state shelter homes varies from 4 to more than 100 rescued and released on bail and it was also found that the survivors are not provided with sufficient necessary infrastructure, there is no proper funding from the government to run the shelter homes, shortage of staffs, improper accommodation, in congenial atmosphere rehabilitation process is not as effective as required.
This has resulted in many women opting to go back to this unlawful trade and also acting as traffickers.
CHALLENGES
Some of the serious challenges in Anti-Human Trafficking measures and actions are lack of inter-state cooperation to tackle human trafficking, inaccurate data collection and maintenance by the law enforcement agencies, lack of transparency in NGOs working for rescue, rehabilitation and reintegration of victims, delay in judicial process, lack of knowledge on the subject among authorities, lack of financial assistance, corrupt practices, poor implementation of legislations. lack of attention to forced labour trafficking as they go undetected as they are usually hidden criminal activities, and survivors in shelter homes being quickly sent home or released on bail within a week or month time. The measures adopted to effectively rehabilitate the victims have failed miserably due to the above challenges.
Public opinion or perception on trafficked girls has not changed and this will have serious consequences in future. IMPACT OF LEGISLATIVE MEASURES Despite various International and National laws enacted to tackle the problem of trafficking still it continues to remain as a serious threat to women and children and a major problem in the society of every country. The existing laws are not effective to curb trafficking as the statistics of the crime shows no decline in the reported cases and women are continued to be trafficked. Even the ratifying countries are interested in adopting the standards and measures to curb the offence, the increase in the trafficking rate is the fact to show there is violation of human rights of victims which is recognized internationally and at national level.
There is a serious drawback in India as for effective programs to train and protect the witness and the survivors and also for their proper rehabilitation. Increase in the magnitude of the human trafficking offence and fall in the conviction rate of the offenders is due to lack of political will. Literature available on trafficking mainly emphasises commercial sexual exploitation which has resulted in not highlighting other major forms of exploitation involved in human trafficking. This has created an impression in the mind of people that in human trafficking only women are a vulnerable section of society even though quite a lot of information is available on trafficking of women and children those facts are not brought to the limelight.
The long legal proceedings and the procedures adopted for trafficking cases creates a disinterest in the minds of the survivors and witnesses and they may turn hostile. There is a need for speedy disposal of the human trafficking cases and the compensation to be granted at the earliest so that the survivors will be in a position to lead a decent life. The lack of interest among the enforcement authorities is the major setback for the country to tackle this serious human rights violation issue. Need of the hour is that the Government should take serious measures to tackle these illegal activities and introduce the necessary amendments to the ITP Act to include all the trafficking related offences, client, traffickers, exploiters racketeers all should be brought under the purview of serious offenders and stringent punishment for the offenders should be incorporated in the Act.
Women should be respected and her life and dignity to lead a respectful life should be recognized and the attitude of treating women as a commodity to be eradicated from the minds of people. THE WAY FORWARD Establishment & Monitoring of Rehabilitation homes- Government recognized Rehabilitation homes should submit the details and photos of the beneficiaries in such homes. They should submit an annual report to the government regarding the progress made and audited accounts. Government should monitor the rehabilitation homes as to the duration of stay of the victims, their activities and their moving out of the home. Surveillance on NGOs- Government should have strict surveillance on the working of the NGOs as to the implementation of the programmes, and utilisation of the funds sanctioned by the government.
Lack of knowledge of trafficking issues- Police staff and officials should be trained properly as to how to tackle the human trafficking problem, and they should consider this problem more serious as other criminal offences. Establishment of Anti-Human Trafficking Units- Constitution of Anti-Human Trafficking Units in the State should be made mandatory in all States and well trained persons should be appointed. Compulsory Education and Empowerment of Victims- Education is a powerful tool in the hands of the vulnerable sections of the society. Therefore, they should be provided compulsory education and according to their skills and capacity provided with employment with reasonable salary.
Social Responsibility- It should be made mandatory for the Companies situated in India to provide job opportunities to the victims of trafficking according to their efficiency as Social Responsibility towards society. Rapid Judicial Process & Remedies- Speedy disposal of prosecution of the traffickers is important or the victims will either turn hostile or lose interest in the prosecution process. Creating awareness- There is a need to start a counselling cell at every school and college for discussing the status of missing girls and Human trafficking issues.
Need for Deliberation- Initiate interactive ongoing dialogue, round table meetings and seminars between NGOs and media centering the issue of missing or trafficking girls and women. Sensitization as to modus operandi of traffickers- Vulnerable sections of the society to be sensitised about the modus operandi of the traffickers like offer of lucrative job opportunities, marriages, good education etc. and the intention of exploiting the victims for illegal purposes.
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