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1. Write an essay/article on any current Socio-legal issue in about 500 words.

-Pooja Vikram

STOLEN PEOPLE...STOLEN DREAMS

INTRODUCTION
1
The United Nations Palermo Protocol defines trafficking in person 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.

Each year, millions of people are trafficked both domestically and internationally in India.
Human Trafficking have now become an existing trade in between the all other heinous
crimes indulged in matters of humans, the main motive of human trafficking is sexual-
slavery, forced-labour, organ trade or sexual exploitation commercially. Trafficking in the
humans is a juicy or profitable industry. Recently in a decade, we can see that human
trafficking is not only for commercial sexual exploitation and forced-labour but also for sex-
tourism, trafficking for militancy and for many others.
2
According to the US state department, India is both a source and transit country for
trafficking, as well as one of the most popular trafficking destination in South Asia. 3It is
estimated that 10% of Indias trafficking in persons is international while 90% is domestic, a
pattern that differs from the more common paradigm of trafficking across international
borders.

CAUSES AND MODES OF TRAFFICKING IN INDIA

There are several contributing factors and causes for human trafficking particularly in women
and children. The factors are divided into two: Push and Pull factors.

The Push factors includes poor socio-economic conditions of families, poverty, annual
disasters like flooding leading to virtual destitution of some people, lack of education, skill,
income opportunities for women in rural areas, absence of awareness of traffickers, pressure
to give dowries which leads to sending daughters to distant places for work, dysfunctional
family life, violence against women, low status of girl child etc. Often the prostitutes, who

1United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing
the United Nations Convention Against Transnational Organized Crime.
2 U.S. Dept. of State (2009). Trafficking in Persons Report (U.S. Department of State Publication 11407). Washington, DC
3 U.S. Dept. of State (2009). Trafficking in Persons Report (U.S. Department of State Publication 11407). Washington, DC
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have no option to come out of such exploitative environment, gradually developed intimate
connections with the traffickers and follow their footsteps.

The pull factors are lucrative employment propositions in big cities, easy money, promise of
better pay and a comfortable life by the trafficking touts and agents, demand of young girls
for marriage in other parts of the world, in demand for women in the rapidly expanding sex
industry; the rampant practices of female feticide in northern states like Haryana and Punjab
has also fuelled internal trafficking. Traffickers procure girls from faraway states like Assam;
trick their families into believing that they are taken for marriage and later push into the feild
of prostitution.

LEGAL APPROACH
Our Holy Constitution, Constitution of India, Article 23 has mandated that trafficking
in any form is strictly prohibited in India, which guarantees that every person in India
has fundamental right not to be trafficked.
Importation of girls from foreign country(Sec 366B IPC)
Buying of minors for prostitution (Sec 373 IPC)
Selling of minors for prostitution (Sec 372 IPC)
Immoral Traffic (prevention) Act 1956
Human Trafficking(Sec 370 and 370A IPC) after enactment of the criminal law
(Amendment) Act 2013.

On regional level, India ratified SAARC convention in 2002 which aim to instigate regional
co-operation on the protection of the rights of women and children in South Asia.

At national level, Immoral Trafficking Prevention Act 1956 has severe penalties for those
engaged in Trafficking and is Indias most comprehensive anti-trafficking statue.

Legal Statues and provision also call for compensation to the victims of the trafficking. With
respect to the compensation law, in a Supreme Court case, Boddi Satwa Gautam V. Subra
Chakraboty(1996), Judges ruled that compensation can be awarded regardless of whether fine
formed part of the sentence or not. Addition to that, in one of the Supreme Court cases, Delhi
Domestic Working Womens Forum V. UOI(1995), it was determined that compensation can
be awarded to the victim even without conviction and even during pendency of trial.

MY OPINION
To sum up, Indias legal framework is vast and huge covering all the aspects of human
trafficking. But the question arises, how far these laws or provisions or statues are practically
being implemented. If they are implemented then why according to the data of International
Labour Organisation, 13 million children working in dangerous industries are kept as
trafficked. Therefore, to reduce trafficking, certain practical solutions must be taken such as
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stringent enforcement of cross border trafficking, secure vigilance in trafficking routes and
proper social accountability is needed. As economic and social policies, the government
should develop programmes that offer livelihood options and include basic education,
literacy, communication and reduce barriers to entrepreneurship. Government should ensure
that policies are in place that allow women equal access to and control over economic and
finance resources. By the help of NGOs and police officials, some type of advertisements
through popular media in particular locations can be done, conducting some awareness
programs in villages, local schools and should alert the public of being victimized. As I have
told earlier, we have many laws, but what is the use if it not being strictly applied. Therefore
the legislation should be strong and powerful to wash away this heinous crime.