DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY

Academic Year – 2019

WOMEN AND LAW

FINAL DRAFT

Women as Victims of Human Trafficking

Submitted to: Submitted by:

Dr. Aparna Singh Ashish Upadhyaya

(Assistant Professor, Law) B.A. LL.B. (Hons.) 150101031

 TABLE OF CONTENTS

 Objectives ...................................................................................................................... 4

 Brief History Of Human Trafficking ............................................................................. 4

 Causes of Human Trafficking ........................................................................................ 4

1. Local Factors ................................................................................................................................. 4

2. Universal Factors ......................................................................................................................... 5
 Factors leading to Trafficking ........................................................................................ 6

 Current Scenario ............................................................................................................ 6

 Types of Women Trafficking ........................................................................................ 8

1. Bonded Labour................................................................................................................ 8

2. Prostitution ..................................................................................................................... 9

3. Bride Trafficking ........................................................................................................... 11

CONCLUSION .................................................................. Error! Bookmark not defined.

RECOMMENDATIONS ................................................... Error! Bookmark not defined.

REFRENCES ..................................................................... Error! Bookmark not defined.

OBJECTIVES

 To evaluate the political, social, economic, legal ,and intervention landscape of the
anti-trafficking movement in India.
 To research current NGO and government efforts to combat trafficking in India
 To provide with actionable recommendations regarding an anti-women trafficking in
India.

BRIEF HISTORY OF WOMEN TRAFFICKING

Women and children have been the victims of sex trafficking for thousands of years. This
practice, going on throughout the centuries, finally became a political issue in the early
1900s. The history of women trafficking is a complex story to tell since each region of the
world has experienced it differently. Many countries in world, where a large amount of
human trafficking takes place, have the tradition of treating women and girls more like
property than people. This began when women were imported to Southeast Asia to provide
sexual services for the men who were migrant workers. The problem continued to escalate
when the Vietnam War started and American men were stationed all around Southeast Asia
which created a new breed of clients for the prostitution ring.

Though there are now laws against the buying and selling of humans many laws are weak
and unenforced. There are also much more complex reasons for women trafficking including
macro-economic politics and globalization where women are trafficked from under-
developed countries to affluent ones.

CAUSES OF HUMAN TRAFFICKING

LOCAL FACTORS

Human trafficking can be explained into two major causes such as local causes and
international causes. In the area of local factors, abject poverty especially among women, a
lack of political, social and economic stability are the few factors in the area of local factors.
Besides that, a lack of reasonable and realistic prospects, situations of armed conflict and
oppression, domestic violence and disintegration of the family structure also the other factors
in local factors. Moreover, gender discrimination, lack of access to education and information
and the HIV-AIDS reality can be explained into local factors. Lack of access to education and
information is when the individual not concerns about how important other human beings to
another. Gender discrimination is also the causes that make another gender that is male or
female to be stressed out with the situation that happens among them. Domestic violence and
disintegration of the family structure can be explained when the problems occur in
community give a problem to another human beings and family members have to show more
love and alert about their children.

UNIVERSAL FACTORS

Universal factors such as even more limits and obstacles to legal migration channels to
countries with stronger economies and regions with better prospects, a lack of public
awareness of the dangers of trafficking, the high profit potential for those engaged in the
criminal activity, the sophisticated organization, resources and networking capacity of
criminal networks, a lack of effective anti-trafficking legislation, and if such legislation
exists, a lack of effective enforcement, global economic policies that foster exclusion of
marginalised people, disintegration of social protection networks, widespread corruption in
countries of origin, of transit and of destination among the persons capable or responsible to
combat trafficking. A lack of effective anti-trafficking legislation is one of the important
factors because a good system should be provided by government to overcome this human
trafficking to be happened. Besides that, a lack of effective enforcement by the authority
gives us a major problems and this will not give a full stop to this problems. Government and
the society should be united to solve this sophistic issue.
 FACTORS LEADING TO TRAFFICKING

SUPPLY FACTORS DEMAND FACTORS

o poverty o migration
o female foeticide o hope for jobs
o unemployment
o demand for cheap labour
o lure of job with false TRAFFICKING
promises o enhanced vulnerabilities for
o domestic servitude the lack of awareness
o traditional prostitution o sex tourism
o lack of employment o internet pornography
opportunities o organized crime generating
high profits with low risk
for traffickers

CURRENT SCENARIO

In India, a large number of women are trafficked not only for sex trade but also for other
forms of non sex based exploitation that includes servitude of various kinds, as domestic
labour, agriculture labour , begging ,organ trade and false marriage. Trafficking of girl child
is on rise and nearly 60% of the victims of trafficking are below 18 years of age. According
to NHRC report on trafficking of women and children, in India the population of women and
children in sex work in India is stated between 70,000 and 1 million, of these 30% are of 20
years of age. Nearly 15% began sex work when they were below15 and 25%entered between
15 and 18 years.

A rough estimate by an NGO called End women and children prostitution in Asian Tourism
revels that there are around2 million prostitutes in India.20% among them are minors. The
United States (US) has placed India on the Tier-2 Watch List for human trafficking for the
5th consecutive year as India has failed to take effective measure in combating it. According
to its report, India is a source, destination, and transit country for men, women, and children
trafficked for the purposes of forced labour and commercial sexual exploitation.
Calculations of trafficked people are generally made with reference to CSE. In India, the
stigma attached to prostitution and the clandestine nature of operations makes it doubly
difficult to arrive at authentic numbers 1 . To give a sense of the total magnitude of the
problem, estimates of adult and child sex workers in India are quoted. All minors in
commercial sex work are generally classified as cases of trafficking. The figures quoted show
a high degree of discrepancy, and the possibility of ascertaining the authenticity of the quoted
figures is almost nil. The original sources, or how these figures have been arrived at, are
rarely stated. Around 30 to 90 per cent of women and girls are under 18 at the time of entry in
to prostitution.2 The population of women and children in sex work in India is stated to be
between 70,000 and 1 million. Of these, 30 per cent are 20 years of age. Nearly 15 per cent
began sex work when they were below 15, and 25 per cent entered between 15 and 18 years. 3

A news item published in Statesman4 states that roughly 2 million children are abused and
forced into prostitution every year in India. A rough estimate prepared by an NGO called End
Children’s Prostitution in Asian Tourism reveals that there are around 2 million prostitutes in
India; 20 per cent among them are minors. A study conducted in 1992 estimates that any one
time, 20,000 girls are being transported from one part of the country to another. 5 NGO
estimates of sex work are however much higher. 6 A CEDPA report states that in 1997,
approximately 200 girls and women in India entered prostitution on a daily basis and 80 per
cent were coerced into it7. There are reportedly 300,000 to 500,000 children in prostitution in
India8. A UNICEF study on Maharashtra states that at any given time, approximately 40 per
cent of the victims of CSE and trafficking are found to be below 18 years9. According to
NCRB data, in 1999 there were 9,368 cases of trafficked women and children in India.12 The
incidence of trafficking has shown a steady increase since 1997, with an increase 12 For an
analysis of the latest NCRB data of 7.7 per cent over the 1998 rate. Reported crimes against
women were highest in Tamil Nadu10. Further, the total number of cases of kidnapping and
abduction registered in 1999 was 15,956. Among the total female victims, 1,960 females
were reported kidnapped or abducted for marriage and 9,159 for prostitution purposes (ADB
1
(Gupta 2003).
2
(Mukherjee and Das, 1996; UNICEF 1994: 10; YMCA 1995: 10; Gathia 1999; Gathia 2003: 9, SOS 2001).
3
(Mukherjee and Das, 1996)
4
(12 August 2002)
5
(Gupta 2003)
6
(UNICEF 1994).
7
(SOS 2001)
8
(Patkar, Praveen and Priti, Patkar 2001: 11).
9
ibid
10
(10.5 per cent)
2002: 19). There are gaps in the national crime data collection systems in relation to cross-
border flows
Another study quotes figures, according to which 80 per cent of the women in commercial
Sexual exploitation are from within the country and only 10 per cent each are from
Bangladesh and Nepal.

TYPES OF WOMEN TRAFFICKING

BONDED LABOUR
Bonded labour is a sort of patronage in which the minimum wage is barely enough to cover
the living costs of the employee and the relation between employer and the employee is often
characterized by unfixed and exploitative payment agreements which benefit the employer
.Not all bonded labour are forced, but most forced labour practices have a bonded nature ,
regardless of whether the work involves children or adults.

Extraction of labour on the basis of debt bondage is widely prevalent in the sectors Served by
trafficking. This is especially true of India. In his work on slavery, Bales estimates that the
number of constitute bonded labour in India, Pakistan, Nepal and Bangladesh. Bonded labour
is said to be prevalent in over 20 states of India. Migrant workers have been found to be
working under conditions similar to the bonded labour system in fish processing units of
Gujarat, stone quarries of Haryana and brick kilns of Punjab11. According to Human Rights
Watch, at least 15 million children are working as virtual slaves12. Agriculture accounts for
52 to 87 per cent of the population of bonded child labourers. They can also be in bondage
working as domestic help; in the domestic, export industries (silk and silk saris, beedi, silver
jewellry, synthetic and precious gemstones, footwear and sporting goods, and handwoven
wool carpets); and in services like small restaurants, truck stops and tea shops. Other
instances of children in forced labour are found in prostitution, begging, drug selling and
petty crime. Trafficking of children is specifically reported from the carpet industry13.

11
(ILO 2001c)
12
(HRW 1996)
13
(HRW 1996; HRW 2003: 6).
CASE STUDY OF BONDED LABOUR
Innocent Girl Panchhi residing in small Village Kupoi located in Dhanbad district, Jharkhand
was happily living with her family which consists of Mother who works as a maid, Father
who is ill and an elder Sister who takes care of their Parents and hut. On the other side in
Delhi, Mr. Malhotra is looking out for a Girl who can work 24 hours in his house so he visits
an agency, who provides maid to rich people and requests him to search a Girl whom they
can rely on, but one fine day Ashwin, whose Sister was living in the same village meets
Panchhi and also shows her big dreams of earning good money for her family and innocent
Panchhi gets trapped in his plan as he was going to involve her in Child labor but her Mother
who was unaware of Ashwin's plan doubts on him and also warns Panchhi not to meet him
again thus, aspiring Panchhi leaves her hut without informing her family members in search
of a good work along with Ashwin, there in Delhi, Panchhi gets convinced to work in Mr.
Malhotra's house later, she comes to know that Ashwin dumped her so she requests Ms.
Malhotra to allow her to go to her village, but she strictly denies and brutally beats her, there
in the village, Panchhi's Mother observes Ashwin and rushes to meet him. Ashwin succeeds
in escaping from Kupoi Village without providing Mr. Malhotra's address thus Panchhi's
Mother and her Son decides to visit Delhi to search Panchhi and meets the agency guy who
does not reveal any information about Panchhi to her Mother in spite of knowing it, but her
Mother does not give up and threatens the agency guy to provide Mr. Malhotra's address
later, Pancchi's Mother and his Son requests the security guard to allow them to meet Panchhi
but the guard speaks lie as per Ms. Malhotra's order and explains them that there is no
Panchhi working in this house, thus they come to know about an NGO agency who helps
poor people and all of them file a complaint but Police takes their case lightly. NGO workers
don’t give up and request police to investigate but they were shocked to see his agency which
was shut down. Panchhi fails to identify her Mother and Sister later; Panchhi breaks down
into tears and identifies her Mother.

PROSTITUTION
According to Human Rights Watch, there are approximately 15 million prostitutes in India.
There are more than 100,000 women in prostitution in Bombay, Asia's largest sex industry
center. Girls in prostitution in India, Pakistan and the Middle East are tortured, held in virtual
imprisonment, sexually abused, and raped. Girl prostitutes are primarily located in low-
middle income areas and business districts and are known by officials. Brothel keepers
regularly recruit young girls. Girl prostitutes are grouped as common prostitutes, singers and
dancers, call girls, religious prostitutes or devdasi, and caged brothel prostitutes. Districts
bordering Maharashtra and Karnataka, known as the "devadasi belt," have trafficking
structures operating at various levels. The women here are in prostitution either because their
husbands deserted them, or they are trafficked through coercion and deception. Many are
devadasi dedicated into prostitution for the goddess Yellamma.

An oft-repeated cause of prostitution is poverty. But poverty is only one of the reasons. The
helplessness of women forces them to sell their bodies. Many girls from villages are trapped
for the trade in the pretext of love and elope from home only to find themselves sold in the
city to pimps who take money from the women as commission. The other causes of
prostitution include ill treatment by parents, bad company, family prostitutes, social customs,
inability to arrange marriage, lack of sex education, media, prior incest and rape, early
marriage and desertion, lack of recreational facilities, ignorance, and acceptance of
prostitution. Economic causes include poverty and economic distress. Psychological causes
include desire for physical pleasure, greed, and dejection.

Most enter involuntarily. India, along with Thailand and the Philippines, has 1.3 million
children in its sex-trade centers. The children come from relatively poorer areas and are
trafficked to relatively richer ones. India and Pakistan are the main destinations for children
under 16 who are trafficked in south Asia. What is causing alarm both in governmental and
NGO circles is the escalation in trafficking of young girls in the last decade. NGOs like
STOP and MAITI in Nepal report that most trafficking in India (both trans-border and in-
country) is for prostitution. And 60 per cent of those trafficked into prostitution are
adolescent girls in the age group of 12 to 16 years. These figures are corroborated by a study
done by the Department of Women and Children in 13 sensitive districts of Uttar Pradesh. It
reveals that all sex workers who formed a part of this survey had entered the profession as
young girls. Many transsexuals, called hijiras, are sex workers. The families of hijiras reject
them. They face opposition from the public, and with the denial of employment they take to
begging and then enter the sex market.
BRIDE TRAFFICKING
One of the most telling things about a society is how it treats its women, that half of its
population which lives, works and struggles to contribute to the family, community and
society at large, In a larger sense, what defines a society is how it treats its poorest, weakest
and most vulnerable members.

Parts of Haryana today present a rather vicious picture, far removed from the moral
parameters or principles on which any progressive society is built. For the brokers of human
trafficking, Haryana, is the point of demand of consumers, the buyers of a women's dignity.
Women are brought here from different parts of country, most of them from Magadh belt of
Bihar-Jharkhand; Musrshidabad in west Bengal; the border areas of Assam and secunderabad
; and Hyderabad in Andhra Pradesh- all poverty stricken Muslim areas. These women are
promised marriage of inducted as farm labourers but the real purpose is to center them into
the sale-purchase chain to provide sexual satisfaction to their buyers. The price fixed for them
depends on their age and physical appearance.

These women referred to as Paros in the Mewat (Muslim area of Haryana) and as 'Molki"
(purchased women) in rest of the state (Jaat dominated) these terms signify their poor social
status and the fact of their "having been purchased". The men who use them represent the
underbelly of Haryana, the self-styled 'macho' men for whom violence and alcohol go hand in
hand with this heinous act.

As can be expected, civilized society does not recognize such women or give them any of the
rights or privileges normally accorded to a wife. Living silently in the shadows, invisible to
society, the Paros and the Molkis are constantly sexually ravaged by their buyers.

What is disconcerting, if not shocking, is the response of those in authority: to start with, the
police, who do not recognize it as a major problem. The intelligentsia and social leaders in
Haryana blame touts for bringing these women here. The reason given for their being brought
from another states is abysmal sex-ratio in Haryana. Where the number of women even for
regular matrimonial alliances fall far short of the demand.These leaders are quick to blame
the "socially backward" saying that it is they who are responsible for bringing in these
women for their vile needs. However this theory is full of holes as it has clearly been the
economically powerful sections, those with newly acquired wealth, which have in fact played
a key role in initiating and establishing this practice.
Conclusion
Trafficking in human beings, especially in women, is a form of modern day slavery and
requires a holistic, multi-sectoral approach to address the complex dimension of the problem.
It is a problem that violates the rights and dignity of the victims and therefore requires
essentially a women and child rights perspective while working on its eradication. In the fight
against trafficking government organizations, non-governmental organizations, civil society,
pressure groups , international bodies , all have to play an important role. Law cannot be the
only instrument to take care of all problems.

Recommendations
o Government at local level and source areas should create compulsory high quality
education, employment opportunities and income generation programme.
o The government of different nations must share the information with each other to
evolve a programme that will help both the countries in preventing trafficking.
o Government should include gender centred education curricula in schools and
introduce subjects of child sexual abuse and trafficking.
o The media should transmit appropriate message to ensure that the victims learn that
they are not alone.
o Wide publicity should be given regarding the legal, penal provisions against
trafficking and the modus operandi of the traffickers through radio, television etc.

REFERENCES

Ministry of Women and Child Development, Govt. of India (www.wcd.nic.in).

Krishnan , Sunita ,Jose verticattil,2001,a Situation Report : Trafficking for
Commercial Sexual Exploitation , India
Govt. of India, 1991, Centre Social Welfare Board Report on Trafficking, Delhi.
Crime in India, 2004, NCRB, Ministry of Home Affairs, Govt. of India.