INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433)

VOLUME I ISSUE III (SEPTEMBER 2020)

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EDITORIAL TEAM

EDITORS Ms. Ezhiloviya S.P. Nalsar Passout

Ms. Priya Singh National University of Juridical Science

Mr. Ritesh Kumar Nalsar Passout

Mrs. Pooja Kothari Practicing Advocate

Dr. Shweta Dhand Assistant Professor

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ABOUT US

INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISSN 2582-6433 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines.

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BY- ANOUSHKA SINGH A3211117101 (B.A.LL.B., Sec B, Sem- 7) Amity Law School, Noida ABSTRACT Trafficking for sexual exploitation, forced labor and sale of brides continue to be the most frequently detected forms, but victims are also trafficked to be used as beggars, forced or false , profit scams. The females are often trafficked for economic and sexual exploitation, in particular and pornography, forced labor, including work in agriculture and domestic work, arranged marriages or to be "sold" as brides, recruitment for participate in hostilities and related purposes such as sexual services, portage and domestic duties in conflict situations. To put it simply, , and Bride Selling (particular to the Indian milieu) are some major themes the paper would address to, with respect to the topic. The use of women in international prostitution and trafficking networks has become a major goal of international organized crime. Costs for society include the degradation of human and women's rights, poor public health, affected communities and reduced social development. The immediate paper tends to include a series of legislations and suggestions to curtail the issue at hand, with a detailed analysis on the above stated themes and discuss problems associated to it. It would provide various studies and data along with case laws to support the research. The experience of trafficking in women and girls is different from that of men and boys. Women and girls tend to have a disproportionately strong impact, while trafficked men find it difficult to access existing victim assistance programs. This requires the inclusion of gender equality principles in the formulation and implementation of legislation and programs aimed at preventing trafficking in human beings.

Key Words: Trafficking, Women, Child Labor, Bride Selling, Exploitation.

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TABLE OF CONTENTS

Serial Topic Page Number Number

1. Introduction 6

2. Origin 7

3. Bracket of Trafficking of Women and Girls 8 in India

4. Anti-Trafficking Safeguards in India 9

5. Concept of Bride Selling 10  Mail-Order Brides  Factors for Gruesome Bride Selling

6. Policies for Elimination 12

7. Case Study 14

8. Conclusion 15

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INTRODUCTION

Trafficking in women and children is one of the greatest human rights abuses. But it is very difficult to quantify the practice as trafficking is closely related to child labor, bonded labor, child , kidnapping and prostitution even though these items may and may not be trafficking. , ironically, is one thing - violent exploitation of another person for profit or for personal gain - and many different things. The circumstances under which it occurs, the people involved (such as perpetrators, as consumers, as victims and survivors), trafficking methods, and factors that contribute to the vulnerability of potential victims are many and varied. There is no prototypical trafficking case and no prototypical victim of this crime. This article will give a sense of the complexity and diversity of this important topic, as well as an understanding of the same thread - exploitation and human rights violations - that unites the field together.

“Palermo Protocol defines trafficking 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 payments or benefits to achieve the consent of a person having authority of another person, for the purpose of exploitation. Exploitation includes, the exploitation of the prostitution of others or other forms of sexual exploitation, or services, practices similar to or servitude or the removal of organs”.1”

As with each smuggling incident, the victim encounters threats to his or her metal life. From the initial stage of travel, to the stages of travel, travel and travel, to incarceration, exile and reunion or rehabilitation and rehabilitation, women and girls can experience repeated physical, sexual and .

1 United Nations 2000, Art. 3

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ORIGIN

The causes of trafficking vary and often vary from country to country. Trafficking in human beings is a complex process that is often driven or influenced by social, economic, cultural, and other factors. Many of these things are directly related to individual and State trafficking patterns where they occur. There are many types of items that are common in trafficking in general or found in different regions, patterns or cases. One such factor is that the desire for potential migrants is used by the perpetrators to gain and gain initial control or cooperation, only to replace compulsory measures once the victims have been relocated to another State or region, and not always what they intended to relocate. Some of the common factors for immigration are poverty, oppression, absence of human rights, lack of social or economic opportunities, risks in conflict or instability and similar conditions. Political, military, political instability, armed conflict, and natural disasters can result in increased human trafficking. Environmental degradation and human migration increase their vulnerability to exploitation and exploitation through trafficking and hard labor. War and civil strife can result in mass displays, leaving orphans and street children at greater risk of being trafficked. These factors often put pressure on victims who “press” on migration and the control of traffickers, but other factors that tend to “pull” potential victims can also be identified. Poverty and wealth are interdependent ideas that lead to migration and pattern trafficking where victims move from extreme poverty to extreme poverty. In that context, the rapid growth of broadcast and telecommunications media, including the Internet, in all developing countries is likely to increase the desire to emigrate to developed countries and, in turn, to expose potential migrants to traffickers. The practice of handing over poor children to wealthy friends or relatives can be devastating. Some parents sell their children, not just for money, but also for the hope that their children will emerge from a state of permanent poverty to a place where they can enjoy better health and more opportunities2. In response to the above causes, many prevention strategies fall into one of the following categories:

2 Asian Development Bank, Combating Trafficking of Women and Children in South Asia: India Report (New Delhi: Asian Development Bank, 2002)

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 Reducing the vulnerability of potential victims through social and economic development  Reducing the demand for trafficking services  Public Education  Border control  Preventing the corruption of public officials

BRACKET OF TRAFFICKING OF WOMEN AND GIRLS IN INDIA

Human trafficking in India can be divided into four categories: (a) commercial sexual exploitation, (b) exploitative labor, and (c) other forms of exploitation such as prostitution, pleading, camel driving, etc. and also (d) bride selling. Available records and reports of human trafficking indicate that trafficked women and children are oppressed in activities such as brothels, brothels or bars, pornography, dancing, petty crime, domestic help, agricultural work, solicitation, camel operation, prostitution, drug trafficking and smuggling. The rapid growth of sex tourism and the growing demand for cheap labor in the world have contributed to the increasing trafficking of young women and girls. Women are sold at various prices on the basis of physical beauty and . In the field of sex, some clients prefer girls who do not seem to be affected by AIDS. As a result, there is an ongoing need for girls, sometimes ten years old, in the sex industry. Demand for young girls has increased in Jammu and Kashmir due to increased military persecution in recent years. Trafficking in workers also occurs in industry, agriculture, the domestic sector, the entertainment industry, construction work, and the like.

Traffickers are often more sophisticated than the average person who prefers to ignore the plight of young or undergoing trafficked girls. The underlings are heavily involved in such activities as well as drug trafficking, arms and cattle at the border. Despite efforts by the Indian Government to address the problem of child trafficking and child exploitation, at both national and state levels, institutional response to human trafficking remains elusive. As a result, both the number of cases filed under the ITPA and the arrest and prosecution of intellectual traffickers, who are masters of the whole profession, remain much lower than expected. There are also major legal and administrative problems related to the rescue and rehabilitation of trafficked girls of foreign origin. Whenever the

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police find any girl smuggled in from abroad, she is first booked under The Foreigners Act 1946 and then deported, thus depriving her of the opportunity to prove herself a victim. This not only puts him in a vicious circle of re-smuggling if not done by any NGO, but also results in the loss of important witnesses in relation to traffickers. We therefore need to change the holistic and holistic approach to human trafficking.

ANTI-TRAFFICKING SAFEGUARDS IN INDIA

Although India has become a hotbed of human trafficking, the country's Constitution prohibits all forms of trafficking3. The Suppression of Immoral Traffic Act 1956 (SITA), amended as the Immoral Traffic (Prevention) Act (ITPA) in 1978 and later in 1986, in response to the 1950 International Convention on the Suppression of Immoral Traffic and Exploitation of Prostitution of others in 1950. Amended legislation emphasizing prevention rather than suppression of human trafficking took into account international conventions and policies. and provide severe penalties for various forms of exploitation. ITPA imposed fines on child trafficking, in particular by focusing on traffickers, passengers, site administrators, and prostitutes, while protecting young girls as victims. ITPA also provides protection and rehabilitation for rescued girls. Keeping a brothel or allowing buildings to be used as brothels is a crime under the ITPA. It also provides punishment (a) for adults living on the lead of prostitutes, (b) for buying a person for prostitution, and (c) for imprisoning a person on the premises where prostitution is committed. However, prostitution is not a crime under ITPA.

However, it makes it a criminal offense to ask for or engage in sexual activity in or near the area. This provision is often used by the police to harass and punish sex workers who are also victims of trafficking. The Government of India has therefore recently attempted to amend the law and exempt sex workers from soliciting or soliciting Section 8 of the law even though this has compounded the issue by proposing exemplary sanctions against consumers under the new section 5C. 10 Apart from ITPA, trafficking in women and children as a result of sexual exploitation is protected under many other sections of the Indian Penal Code (IPC), namely,

3 Constitution of India, 1950, Article 23

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 366A (Procuration of Minor Girls Under 18 Years Age),  366B (Importation of Girls Under 18 Years) -21 age from foreign country),  367 (Kidnapping and Slavery of Slavery, Natural Lust, etc.),  372 (Trafficking in Adultery Girls), 373 (Purchase of Adultery Girls)4. There are other cases under the IPC that directly affect the smuggling problem. So, for example, women / girls who are trafficked are often raped (which is a crime under section 376) before being sold to a brothel. And having sex with a girl under the age of 16, even if it is her consent, is a crime to / s 374 IPC. Similarly, special laws such as The Child Marriage Restraint Act 1929, Bonded Labor Abolition Act 1976, Child Labor Act 1986, Juvenile Justice Act 2000, Offenses Against Children Act 2005 and local laws such as the Goa Children’s Act 2003 also seek to prevent human trafficking.

CONCEPT OF BRIDE SELLING

Bride Selling in prevalent in many parts of the world including India, , , , Korea, and several other Gulf countries. The purchase of brides, also called bride purchasing or bride buying, is an industry or trade to buy brides as a form of . This allows the bride to resell or repurchase at the buyer's discretion. This practice continues to exist firmly in parts of the world such as China, , Vietnam and Africa. Described as a simple marriage, this practice is illegal in many lands.

 MAIL-ORDER BRIDES One of the most common ways to buy brides these days brides order by mail. It is estimated that there are 90 organizations responsible for the sale and purchase of mail order brides. These agencies have websites that list lists, photos, names and biographies with up to 25,000 women looking for men, and American men are the most popular. While there are women listed on these sites from all over the world, the majority of postal order couples come from and the . According to these agencies, 10% of women who choose to be e- mail brides are successful and find a husband through their services. The organizations also claim that there are around 10,000 marriages ordering by post a year, about 4,000 of these marriages involving men in the .

4 India Penal Code, 1860

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In patriarchal society such as India, women were forced to play the second riddle for men in terms of family, property, and marriage. , despite being banned by law in India, is still prevalent in rural India, and parents of married girls have nightmares about finding a suitable groom for their daughters. There is a opposite tendency. Older men offer to "buy" brides, when they fail to find women to marry. Poor parents are often forced to sell their daughters in wedding dress, as happened nearly four hundred years ago, when male and female slaves were sold into slavery.

There are four main reasons for the gruesome trade in human trafficking or Bride Selling:

1. The average male and female population: It seems that the Indians are now paying their male and female rates. In states such as , Punjab, , Rajasthan and the West and the UP, marriage couples are simply not available. Men of marriageable age then hunt for brides from other provinces. Naturally, most of these "brides" come from poor families from the eastern and northeastern provinces. These "brides", bought by men in these provinces, are used as domestic servants. They are also used for infertility to keep the fertility tree alive. These women have never been considered part of the masculine society, and after being “used” they are simply left to live as second-class citizens.

2. Illegal trafficking of girls: One of the rackets was released by Haryana police in 2011. The gang often sold teenage girls as brides to older men for money. The girls were first abducted by gangs and then sold to their clients. Shockingly, these girls, usually under the age of 15, were subjected to the worst forms of slavery. They do housework all day and have to be the sex victims of the oldest men at night.

3. Poor families and unemployment: Or it should not be one of the reasons why families sell their daughters for money. However, it is true that below the poverty line families were often booked to sell their daughters in other cities to wealthy people for a decent income. The reason such parents are forced to sell their daughters is because they lack the financial means to provide for their families.

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4. Rackets for prostitution: Several times the police have tracked down and eliminated prostitution practices where men and women sell girls to multiple clients considering marriage and earn good money from them. This business of selling and buying girls like clothes has been going on for years now. Such activities are more common in small towns and rural areas. Racketeers enter the meat trade by targeting girls in a small town.

ELIMINATION POLICIES

Human trafficking is a social and legal problem and is a sign of the worst evil in our society. So, there is no quick fix to such a problem. The difficulty of finding and evaluating trafficking cases makes the task of prevention a major challenge. However, several steps can be taken in this regard and the successful implementation of the measures will certainly bring positive results. As the problem is multi-faceted, its solution lies in following a multidisciplinary “cosmopolitan” approach5. In view of the ever-changing nature of migration, human trafficking cannot be denied only by certain world governments. In addition to cooperating with international efforts, governments should follow these short- term and long-term measures to combat trafficking:

1. There is an urgent need to develop comprehensive plans and policies regarding the specific and sensitive aspects of trafficking in realities and realities in each country or region, to eliminate the causes of vulnerability for women and children in particular. Risk mapping of the source, search and trafficking areas will be very helpful in this regard.

2. Rescued victims must be protected and rehabilitated by appropriate means to prevent further trafficking. Co-operation and collaboration between different stakeholders is a necessity for the day. Anti-trafficking measures should not be seen only in the context of national security, which is why issues such as migration or repatriation should be considered in both legal and human rights perspectives. In particular, the victim's human rights should be

5 “A cosmopolitan approach views the scope of justice as global. It addresses the issue of trafficking as a global problem as some of the structural factors of trafficking today are also global. Hence, the UN and national governments are bestowed with the responsibility to work towards persistent and co-ordinated programmes to prevent trafficking. See, for details, Christien L. van den Anker and Jeroen Doomernik, eds, Trafficking and Women’s Rights (New : Palgrave Macmillan, 2006), 192–4”

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protected during emergency operations. This should not undermine the authority to take strong and swift action against real traffickers and abusers. This may require a review and revision of relevant international law in line with international standards and the development of appropriate training modules to assist legal authorities.

3. The low level of prosecution of traffickers and weak law enforcement equipment is also a factor in the increase in this lucrative trade. Therefore, the law enforcement law and legal system in countries like India requires a face lift. To date, soliciting prostitutes in India is a crime and a recent attempt to amend the relevant sections of ITPA to stop the arrests of prostitutes has entered into disputes to raise consumer penalties. But what prevents us from continuing the legal requirement (explicitly stated under sections 2 and 13 of the ITPA) for appointing sufficient full-time numbers of ‘special police’ and ‘smuggling police’ by central and state governments? In the past, governments have largely exceeded this legal requirement by placing more responsibility on the existing police force. However, a lack of infrastructure, resources and personnel has hampered police surveillance and rescue. Similarly, governments should consider the creation of specialized courts with support staff and judges for urgent cases of trafficking-related cases (those conditions also exist under sections 22A and 22AA of ITPA). The time frame for the dismissal of the case should be worked out in bringing about immediate justice. Once again, Anti-Human Trafficking Units should be formed as soon as possible in all provinces and territories to strengthen law enforcement, bring about cooperation, and take care of the PPP (Prevention, Protection and Prosecution) issues. It must be borne in mind that the ITPA does not make the involvement of NGOs mandatory for the rescue and rehabilitation of victims. In addition, child trafficking should be understood and dealt with differently from other cases of smuggling law enforcement around the world and the legal system in countries like India needs to be promoted.

4. Restoring a trafficked victim to his / her family / community is a daunting task. It is therefore very important to encourage the rural community in welcoming the victim with due respect. Laws cannot be enforced effectively unless public opinion about trafficking victims’ changes. Civil society organizations, women's bodies, NGOs and the media should play a role in supporting courageous victims who have the courage to complain about perpetrators and identify traffickers in court. Social and legal institutions should make a concerted effort to arrest these organized criminals.

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5. Governments should create schemes through appropriate financial assistance to assist victims to resume normal, healthy and satisfying life through their professional education and training. It is important to create more income opportunities to prevent re-smuggling. Strengthening the networks of NGOs and other anti-trafficking agencies, the establishment of counseling centers, legal and assistance centers, the establishment of adequate accommodation and rehabilitation facilities, etc., can go a long way in addressing the plight of victims of trafficking.

6. The old tradition of child marriage and lobola in South-East Asia in particular should be thoroughly examined legally and socially. These patriarchal institutions not only underestimate the status of the girl child but also create an environment conducive to . It is important to challenge the inequalities in the structure of the patriarchal society and the process can begin with any other women's empowerment program.

7. Lack of literacy and awareness among weak economic sectors is one of the causes of trafficking. There is therefore an urgent need to strengthen the basic skills of women and children through awareness, better health and compulsory education up to the second stage. At the same time, a continuous and vigorous campaign is needed to inspire the media and to make people, especially the poor, more aware of traffickers.

8. Finally, the registration of domestic workers by employers must be enforced at local police stations. Similarly, it should be an obligation for parents in rural areas to keep local authorities informed of the working environment of their family members to ensure safe migration. It should be borne in mind that policies that restrict government migration put women at greater risk of trafficking. Immigrant rights must therefore be protected while fighting traffickers.

CASE STUDY

Jyotsna also became a victim of human trafficking. She was offered a job as a maid and on her return she was sent to a smuggling company. Jyotsna was sent to work for a wealthy family that treated her cruelly. After resigning, Jyotsna was reinstated in the organization, where she was raped. Jyotsna managed to escape from the organization and returned to his

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hometown. Today, Jyotsna works as a volunteer to help prevent other children and women in her area from becoming victims of human trafficking. Jyotsna says: “I have been plagued by feelings of guilt and shame since I returned to Delhi. I felt ashamed of the humiliation I faced and the betrayal I experienced. Members of the Church of the North India (CNI) came to work in our district to share this story and advise me and my family members personally. I started to feel better. Since then I have been involved in making communities here [aware] of the negative effects of easy trust on agents, as I prepare those who go to work outside to protect themselves from any form of exploitation, and that family members have the right to information about the whereabouts of their children / women.6”

CONCLUSION

The lives of many women and children are being exploited as a result of human trafficking. Human trafficking is a crime that is on the rise in society every day and now it is entrenched in the veins of society. Human trafficking is the 3rd largest business in the world and in 2014 the business received Rs.320,000,000. Human trafficking is on the rise day by day. There are too many laws and conventions in place and signed by the Government of India to end human trafficking in full. But even then the law cannot make any difference to prevent human trafficking in India and other countries. As we take laws passed in India to punish criminals who were involved in human trafficking. As a result of human trafficking, many women, children and girls were thrown into the sex trade, child labour, and so on. in trafficking as an example domestic slave is a new form of trafficking that has been identified since last year. Human trafficking is like a disease that is growing rapidly in society and exploiting society. According to me, there is no gold law in which we can stop human trafficking but there are many ways to help prevent human trafficking such as information transmission, human trafficking because there are many NGOs working to raise awareness and protect people from human trafficking. As a result of human trafficking, many women, children and girls were thrown into the sex trade, child labour, and so on. in trafficking as an example domestic slave is a new form of trafficking that has been identified since last year. Human trafficking is like a disease that is growing rapidly in society and exploiting society.

6 www.globalministries.org/news/sasia/stories-of-human-trafficking-in.html

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