HUMAN TRAFFICKING

BY: VAIBHAVI MENON

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim’s rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another. People smuggling (also called human smuggling and migrant smuggling) is a related practice which is characterized by the consent of the person being smuggled. Smuggling situations can descend into human trafficking through coercion and exploitation. Trafficked people are held against their will through acts of coercion, and forced to work for or provide services to the trafficker or others. According to the International Labour Organization (ILO), forced labour alone (one component of human trafficking) generates an estimated $150 billion in profits per annum as of 2014. In 2012, the ILO estimated that 21 million victims are trapped in modern-day slavery. Of these, 14.2 million (68%) were exploited for labour, 4.5 million (22%) were sexually exploited, and 2.2 million (10%) were exploited in state-imposed forced labour. 

The International Labour Organization has reported that child workers, minorities, and irregular migrants are at considerable risk of more extreme forms of exploitation. Statistics shows that over half of the world’s 215 million young workers are observed to be in hazardous sectors, including forced sex work and forced street begging. Ethnic minorities and highly marginalized groups of people are highly estimated to work in some of the most exploitative and damaging sectors, such as leather tanning, mining, and stone quarry work. Human trafficking is the third largest crime industry in the world, behind drug dealing and arms trafficking, and is the fastest-growing activity of trans-national criminal organizations. Human trafficking is condemned as a violation of human rights by international conventions. In addition, human trafficking is subject to a directive in the European Union. According to a report by the U.S. State Department, Belarus, Iran, Russia, and Turkmenistan remain among the worst countries when it comes to providing protection against human trafficking and forced labour. Trafficked people are held against their will through acts of coercion, and forced to work for or provide services to the trafficker or others. The work or services may include anything from bonded or forced labour to commercial sexual exploitation. 

The arrangement may be structured as a work contract, but with no or low payment, or on terms which are highly exploitative. Sometimes the arrangement is structured as debt bondage, with the victim not being permitted or able to pay off the debt. In India, the trafficking in persons for commercial sexual exploitation, forced labour, forced marriages and domestic servitude is considered an organized crime. The Government of India applies the Criminal Law (Amendment) Act 2013, active from 3 February 2013, as well as Section 370 and 370A IPC, which defines human trafficking and “provides stringent punishment for human trafficking; 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.” Additionally, a Regional Task Force implements the SAARC Convention on the prevention of Trafficking in Women and Children.

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