ABSTRACT Based on literary review, archival research, and my own fieldwork, this paper identifies the underlying causes of sex trafficking in India. It also evaluates Indian cultural influences on, and the social impact of, the nation’s illegal sex trade. Finally, responding to sustained growth in rates of sex trafficking, this paper offers some suggestions for creating change at the policy level.

Krista Buda SEX TRAFFICKING IN Senior Thesis Stephen Perz Undergraduate Advisor

INDIA

A sociological perspective on the growth of the illegal sex trade in India July 2016 and the measures to improve human rights.

Table of Contents Abstract: Defining and Measuring Human Trafficking India: History and religious, political and social framework History: Religion in India: Islam: Hinduism: Conditions and Processes behind Human Trafficking in India Demand Civil Unrest Poverty Government Corruption Processes behind Trafficking The Consequences of Sex Trafficking on Trafficking Victims: Physical Trauma/Abuse: Infectious Disease: HIV/AIDS: Reproductive and Sexual Health Issues: Indirect Psychological Issues: NGO and Governmental Efforts: Prevention Cultural Sensitization, Equality and Awareness Building Community Based Intervention Programs Demand Reduction Strategies Prosecution Protection Government Schemes & Efforts Durbar Mahila Samanwaya Committee 1

Non-Governmental Organization Efforts Partnership/ Capacity building Recommendations and Conclusion: References

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Abstract: Human trafficking is the third largest criminal industry in the world, and is growing rapidly. Asia has the highest rates of trafficking, and among Asian countries, India is one of main countries for sex trafficking. Based on literature review, archival research, and my own fieldwork, this paper identifies the underlying causes of sex trafficking in India, which include a deeply patriarchal culture, combined with a corrupt government and inefficient law enforcement.

This paper explored the effect the culture has on the prevalence of human trafficking, due in large part to gender inequality and, consequently, the lack of value attributed to women. The result is a sexually oppressive society, which lends itself to many of the known tactics of human traffickers. At the same time, the justice system lacks a sufficiently impartial judiciary system.

Many public officials are willing to take bribes that favor traffickers, while others often lack the resources to make effective cases against traffickers. In fact, India lacks a clear legal framework to stop human traffickers. Addressing India’s growing sex trafficking problem will require change in its culture surrounding sex and gender, as well as policy reform and institutional accountability in the justice system. These long term goals should be supplemented with increased short-term financial and legal support for nonprofits working on stopping human trafficking, as well as resources for victims of these crimes.

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Defining and Measuring Human Trafficking This thesis takes up the problem of human trafficking, focusing on sexual trafficking.

Despite the existence of numerous democracies in countries around much of the world, as well as the advent of the UN Convention on Universal Human Rights, there remain various forms of coerced exploitation of people. Indeed, available evidence suggests that human trafficking, including sex trafficking, is on the rise. Such activity clearly violates human rights and threatens to ruin many lives. Human trafficking is explicitly condemned in the United Nations Convention on Human Rights (UN, 2016). The United Nations created the Palemo Protocol in 2000. This is a protocol to prevent, suppress, and punish human trafficking. It targets women and children in particular as they are the most affected groups. The protocol focuses on the protection of freedom and makes history as the first time trafficking was defined as a crime in a treaty. Since then, more than 150 countries have become parties to the protocol, and more than 140 have criminalized sex and labor trafficking (Office of The High Commissioner, 2000).

It is important to understand a few key terms that will be discussed throughout this thesis.

Human trafficking, also known as bonded slavery, is “the trade of humans, most commonly for the purpose of sexual slavery, forced labor, or commercial sexual exploitation for the trafficker or others” (United Nations Office on Drugs and Crime 2016). More specifically, this thesis focuses on sex trafficking. Commercial sex exploitation (CSE), which is defined “a practice by which a person achieves sexual gratification, financial gain or advancement through the abuse or 4

exploitation of a person's sexuality by abrogating that person's human right to dignity, equality, autonomy and physical and mental well-being” (Barry, 1996, p. 326). Sex trafficking, commercial sexual exploitation (CSE), prostitution, pornography, forced marriages, and religious concubines are all categories and ways in which sexual trafficking takes place around the world and in India specifically. We will be discussing sex tourism which is the international market, primarily in developing countries in which women are trafficked and sexual services are often provided (sometimes the businesses are legal even though the girls are coerced) in places such as massage parlors, escorts, brothels, strip clubs, hotels and on the side of the street, and elsewhere.

Human trafficking has grown in recent years, and is now estimated to be the third largest criminal industry in the world (Human Trafficking & Contemporary Slavery, 2015) There are an estimated 40 million slaves in the world today (Human Trafficking in India; Data and Statistics,

2016). In terms of the type of human trafficking, sex trafficking accounts for over three-fourths of contemporary slavery (Human Trafficking in India; Data and Statistics, 2016). I therefore focus on sex trafficking in this thesis.

By geography, there is also variation in the distribution of human trafficking. In 2014, almost two-thirds (65.8%) of slaves are in the Asia Pacific region. In Asia, India is ranked as the number one country in terms of human trafficking activity (Asia Pacific, 2015). This paper therefore focuses on India specifically as it is the highest ranked country in the highest affected region, and the fourth highest ranked country (by population) today with almost 78% of trafficked victims in the country coming from West Bengal, one of the poorest areas in India

(India, 2015).

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Under the umbrella category of sex trafficking, almost 98% of the victims are women and children (Human Trafficking in India; Data and Statistics, 2016). The victims most often come from developing countries in regions in South & Southeast Asia, Eastern Europe, Latin America and Africa. They are frequently sent to developed nations, such as those in North America,

Western Europe, Australia and Japan.

There are several requirements for an act to be considered human trafficking. It is never consensual, and the activity generates an economic benefit for the traffickers but not for those coerced. Further, exploitation by traffickers does not end once they are transported from one place to another. However, human trafficking does not have to occur transnationally. Human trafficking is sometimes confused with human smuggling. In contrast to human trafficking, smuggling can be consensual, only occurs transnationally and ends once the person reaches their destination (Human Trafficking & Contemporary Slavery, 2015).

There are two types of trafficking, labor and sex trafficking. Sex trafficking has been defined by the Institute for Trafficked, Exploited and Missing Persons as “the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, in which a commercial sex act is induced by force, fraud, or coercion, or in which the person forced to perform such an act is under the age of 18 years old” (Human Trafficking &

Contemporary Slavery, 2015). By contrast, labor trafficking is defined as “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary

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servitude, peonage, debt bondage or slavery” (Human Trafficking & Contemporary Slavery,

2015).

Sex trafficking occurs in several different forms, although almost half (46%) can be attributed to prostitution alone. In addition, sex trafficking can also involve pornography, stripping, live-sex shows, mail-order brides, military prostitution and sex tourism (Office on

Trafficking Persons, 2012). Ramandeep Kaur (2013) discusses all of these types of sex trafficking, but focuses largely on women being kidnapped or bought and forced into marriage.

All such cases are different than arranged marriages. Forced marriages constitute a form of human trafficking that occurs nationally and transnationally in many countries but is particularly high in India, where the male to female sex ratio is steeper, especially in certain rural areas.

Prostitution, especially in countries like India, has expanded beyond the traditional views of brothels and clubs to include sex tourism. This has come to include the sexual exploitation of young boys and girls, especially children who live on the streets, by both Indian tourists and international tourists. An article published by the International Journal of Equity in Health stated that tourists pay anywhere from Rs. 50-200 ($1-$5 USD) per sexual act or anywhere up to Rs.

1000 (approximately $25 USD) for overnight or even longer sessions (Joffres, Mills, Joffres,

Khanna, & Walia, 2008).

Human trafficking exists globally. There are many circumstances and conditions that contribute to the proliferation and sustainability of sex trafficking from one country to another.

There are a number of factors that many scholars identify as facilitators of sex trafficking.

According to Smith (2013), “a number of factors have led to its expansion, including insufficient

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penalties against traffickers, the growing deprivation and marginalization of the poor, restrictive migration laws, and lack of information about the realities and dangers of trafficking” (p. 400).

Such explanations highlight poverty and inequality as indicators of social vulnerability. To the extent that a country is poor and to the extent that there are sources of social difference, whether due to race/ethnicity, social class, and patriarchy, sex trafficking becomes more frequent.

Although poverty and inequality may well be important factors, they are by no means the only ones. Explanations for sex trafficking also underscore the importance of weak governmental institutions that either permit or fail to prosecute slavery. Countries with corrupt and unstable governments, and thus more susceptible to bribery and less able to enforce laws and comply with treaty obligations, are also places more likely to harbor sex trafficking activity. Finally, countries highly integrated into global commodity circuits, with various ports of call and road or rail connections to other countries, also often exhibit human trafficking.

Criminal organizations are increasingly attracted to human trafficking due to its infinite nature. For traffickers of drugs or other contraband material products, products are produced, transported and sold, and then the cycle must be repeated via further production. For human traffickers, there is the ability to repeatedly exploit slaves over time, as well as re-sell the persons being trafficked. Hence insofar as traffickers can control trafficked persons, human trafficking is in principle self-sustaining.

Given that advantage to human trafficking, governance of human rights and law enforcement become important as disincentives. Unfortunately, most countries in the world do not have strict punishments for human trafficking, and many others do not enforce the laws that

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are present (Human Trafficking & Contemporary Slavery, 2015). The United Nations has developed a system that categorizes and rates countries based on their restrictions as well as their trend in human trafficking from one year to another (United Nations Office on Drugs and Crime,

2016). Under that system, India has been identified as one of the top countries impacted by human trafficking. This thesis therefore focuses on the case of sex trafficking in India.

India: History and Religious, Political and Social Framework

History:

India is a diverse country, containing one sixth of the world’s population with approximately 1.2 billion people in the 2011 census. The Indian population consists of more than two thousand ethnic groups, and every major religion is represented in their 29 states and seven union territories. The Indian constitution recognizes 23 official languages although there are over

1,652 languages spoken throughout the country. India gained its independence from British rule on August 15, 1947, and became a republic in 1950. India’s separation from British rule came shortly after losing much of its Muslim population through the partition of Pakistan and

Bangladesh. India has since maintained its independence and grown into the fourth largest economy in the world (New World Encyclopedia, 2014).

Violence against women in India contribute to morbidity and mortality rates and has become a focus in the media over the last decade. Some of the types of gender-based violence include domestic abuse and rape as well as types specific to Indian culture such as dowry deaths,

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acid throwing and female genital mutilation. As research in this area has increased it has raised awareness of human trafficking and other violence against women in places such as India. Pre- natal sex selection and infanticide in India accounted for the death of half a million unborn girls per year over the last twenty years (Advocates for Youth, 2008). India’s government acknowledges that female infanticide is a large issue for their country, especially in regards to a skewed sex-ratio and banned the telling of a baby’s gender nationwide in India in 2004.

Although officially illegal there have been many reports suggesting that it is not being closely followed or enforced (Implementation of the PCPNDT Act in India: Perspectives and

Challenges, 2010).

India’s history is long and the present remains rooted in traditional customs and values.

Although the majority of their population is Hindu their second largest practiced religion is

Islam. Muslims are the second largest represented population in India, yet they experience poverty and disadvantage at a disproportionately high rate. According to the Islamic Research

Foundation International (2015), one-quarter of Muslim children belonging to the 6-14 year age groups either drop out of, or never attend, school in their local areas. Of those that do successfully complete primary and secondary education in India, in premier colleges only one out of twenty-five undergraduates and one out of fifty post-graduates are Muslim. The socio- economic status of Muslims in India are currently and historically worse than that of Dalits, the lowest caste in Indian society. Malika Misty (2005) reported that an overwhelming 131 million

Muslims (roughly 98% of Muslims) in India live on a per capita consumption of less than Rs. 20 per day ($0.50 per day), a much higher rate than their Hindu counterparts.

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The history of Islam in India spans centuries and gives context to the current hostile relations between the Hindu and Muslim communities. The disadvantages of the Muslim community are strongly tied to Hindu-Muslim tensions that have persisted in India since the emergence of Islam in the region around the seventh century CE. The “Muslim invasions of

India” (Encyclopedia, 2014) came much later and the tensions amongst Hindus and Muslims came to a head during the fight against British rule in the 1920s and subsequent freedom from

British colonization in the 1940s. In the aftermath of decolonization, the schism between Hindus and Muslims widened, resulting in the partitions of Pakistan in 1947 and Bangladesh in 1971

(Encyclopedia, 2014).

After the partition and the creation of these Muslim states, many Muslims evacuated

India and moved to these areas. The population of Muslims in India drastically decreased and of those remaining mostly remained in rural pockets or concentrated areas. According to the 2001 census, almost half of the Muslim population in India resides in three of India’s 27 states, which are, in order of largest to smallest population of Muslims, West Bengal, Uttar Pradesh and Bihar.

(Encyclopedia, 2014).

Human trafficking is one of India’s largest issues. It has been classified as a tier 2 country for over seven years running by the United Nations (2016). This designation means that while

India meets the minimum standards of compliance, there is a continued increase in human trafficking there. This raises questions about patterns of sex trafficking in India. We are left to ponder both the amount of trafficking that still occurs as well as the failure of the Indian government in the prevention and treatment of the issue. Do the people in power in India value

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the lives of their citizens equally? As we see many groups of marginalization and neglect occurring towards to disadvantaged populations due to gender, religion, birth status and other factors the statistics add up to over the half of the population being marginalized and viewed as second rate citizens and policies or public attitudes that support and reinforce the neglect of these types of individuals.

Available statistics provide a point of departure for understanding some aspects of sex trafficking in India. Roughly 90% of trafficking in India is internal. Trafficking involves the movement of people from especially impoverished portions of the country to large metropolitan areas. Consequently, people from India’s most disadvantaged regions and social strata are particularly vulnerable to forced or bonded labor and sex trafficking. India’s women and girls are trafficked within the country for the purposes of commercial sexual exploitation. Human trafficking in India is thus heavily influenced by poverty and inequality in regards to gender and socioeconomic status.

The prevalence of sex trafficking in India begs questions about India itself.

Economically, India is a major developing country, which over the past several decades has been in a transition from traditional to modern agriculture as well as the expansion of its industrial base and service sector. Since its independence from British rule in 1947, India has developed rapidly. Rapid economic change has disrupted traditional economic activities in many parts of the country, sometimes undermining access to resources for livelihoods such as land for agriculture. Further, economic development has unequally distributed benefits, such that whereas

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some parts of the country have seen rising per capita incomes, others have not. As a result, poverty and inequality are widespread in India.

At the same time, India has sought to politically democratize in a culture defined by longstanding caste differences. India is thus culturally very complex, with traditional and modern norms existing side by side. Insofar as traditional social designations of caste are still culturally enforced, caste identity maps on to prospects for social mobility. The combination of unequal development and the persistence of traditional forms of inequalities is the reinforcement of social stratification. Hence economic opportunities for criminal activity such as human trafficking occurs alongside persistent poverty that leaves people vulnerable to exploitation.

Religion:

Among the cultural complexities affecting human trafficking in India are religious differences. Religious views play a large role in influencing human trafficking in India.

According to the most recent census by the Indian government, 80.5% of Indians identify as

Hindu and 13.4% as Muslims (Government of India: Ministry of Home Affairs, 2011).

Therefore, over three-quarters of India is Hindu. India’s culture is heavily influenced by its

Hindu and Muslim population as they account for 93.9% of the entire Indian population. The

Hindu and Muslim religions have many similarities and differences as discussed below.

Although both are patriarchal, a key difference between Muslim and Hindu lifestyles involves gender, according to researcher Alex Carpenter (Carpenter, 2016). Carpenter argues that Hindu women are not socially restricted in India in the same way Muslim women are in other societies.

However, women of both faiths are affected by the same socioeconomic problems including 13

domestic abuse, poverty, and lack of education and literacy. Their patriarchal systems also are a strong similarity between the two religions.

Islam:

Islam is the second-largest practiced religion in India and the third largest in the world.

Today, an estimated 1.1 billion people worldwide are Muslims and Islamic traditions vary greatly depending on culture and geographic area in which the people who practice it reside.

Islam is a monotheistic religion that comes from following and understanding the Koran. The core practices for Muslims are referred to as the five pillars and include daily prayer, faith, fasting, pilgrimage, almsgiving, and the hajj or pilgrimage to Mecca (BBC, 2009). The two main branches of Islam are Sunnism and Shi'ism. Sunnis account for anywhere between 84-90% of

Muslims while the Shi’as account for the remaining and branch into several different categories.

(Clark, 2003).

In describing the prominent aspects associated with patriarchal gender systems, people who study Muslim societies often point out that the features in question are present across the entire spectrum of the so-called “belt of classic patriarchy.” The patriarchal gender system is predominant in rural areas across a wide area of Asia and North Africa. According to feminist sociologist and author, Valentine Moghadam, the patriarchal belt stretches from North Africa across the Muslim Middle East to South and East Asia. Regardless of religion, it is characterized by male dominance, family based patrilineal, extended families, male domination, early marriage, son preference, restrictive codes of behavior for women, and the association of family

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honor with female virtue. Some Muslims practice polygamy. The patriarchal belt associated with Muslims include sex segregation, veiling, chastity, and honor killings (Moghadam, 2004).

Hinduism:

Hinduism is the third largest religion in the world and one of the oldest (Wangu, 2009). It is a major pillar of India’s history, culture, beliefs, and practices. Hence Hinduism is very integrated into every part of Indian life. The amount of religious tolerance, acceptance of democracy, and altruism by the general population are all recognized benefits of the Hindu religious tradition (Wangu, 2009). India is thus considered a “secular” nation. During my time there, locals explained to me that “secular” does not mean the same thing it means to Indians as it does to Americans. In India, secularism implies acceptance of all religions, as opposed to the

American view rejecting all religions. This is true because the vast majority of Indians practice

Hinduism which is henotheistic. Henotheism means that believers recognize one single supreme divinity as well as other gods and goddesses. This means that where a Christian can only be a

Christian in most cases, in Hinduism you can identify as both a Christian Hindu and the protestant God can be one of the gods that you worship and give tribute to.

Some of the other influences that Hinduism has had on India are seen in its food options, treatment of animals, and clothing. Whether you go to a local restaurant or an international chain, it is next to impossible to find pork or beef. McDonald’s burgers are made of chicken, as are

Pizza Hut’s pepperoni. Walking down the street or on the beach, you will see cows walking freely, as they are revered and respected.

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Hindu culture and values are a major part of Indian life, professional institutions, and even government policies. Hinduism’s effect on the growing issue of sex trafficking in India extends beyond patriarchy. It perpetuates rampant inequality and marginalization on various fronts, affecting close to half of India’s 1.3 billion citizens. Inequality transcends gender to socio-economic and religious status as Hinduism believes in a hereditary hierarchy which you cannot escape. The largest impact of the caste system is in the treatment of the Dalits, known as the “untouchables”. The importance of the caste system in regards to sex trafficking is that there is discrimination in opportunity based on your caste (which is closely tied with the darkness of your skin) and therefore there is a more vulnerable population that is overlooked by government officials and people of power as in their culture their friends and families are not affected by it and “those” people are not valued the same. The term Dalit encompasses scheduled tribes (ST) and scheduled classes (SC) as well as other historically disadvantaged communities who were traditionally excluded from society. “Scheduled Castes” is the legal name for those who were formerly considered "untouchable,” According to the 2011 Indian Census, scheduled castes comprise about 16.6% of India’s population while scheduled tribes account for about 8.6%

(Government of India: Ministry of Home Affairs, 2011).

Official designations have been given to various groups of historically disadvantaged people in India. The terms are recognized in the Constitution of India and these historically marginalized groups are assigned to either a caste or tribe dependent upon their religious affiliation and genealogical background. Up until 2004 government ruling in India to end the official use of Dalits for the Scheduled Castes both terms were used interchangeable. Now the

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government only uses the term castes although many Indians still use them universally. Scheduled Tribes is used as an official term for Adivasis, the aboriginal population of South East Asia.

The scheduled castes and tribes are affected the most of any population, in regards to prostitution, by “customary practices”. Customary practices are often described in academic texts as being socially, and at times, legally accepted forms of prostitution through avenues of “tribal” or “religious” prostitution (EPCAT, 2008). The current statistic provided by EPCAT (End Child

Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes) estimates approximately 16% of the sexual slavery victims affected by this form of prostitution are usually children from scheduled castes and tribes, and range from as young as nine and up to thirteen years old. These children are often forced into religious or tribal prostitution by their family members or head of household.

Religious prostitution targets pre-pubertal girls from some scheduled castes who work as concubines for priests of the temples and are dedicated to a specific deity. They begin to lose market value as they age into puberty. At which point they are often sold or auctioned away to traffickers who then use them for the purpose of CSE. Tribal prostitution involves girls from different ethnic tribes often under the scheduled tribe’s categories. These tribes are notoriously isolated in both geography and outside contact as well as lacking the advancement and social construction of general population. The girls are used to entertain feudal lords. Overtime, many of these tribal and caste communities have been forced to engage in prostitution for economic reasons.

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Inequality is shown in regards to how the general population and local officials view domestic violence, literacy and education opportunities for women and the disparity of rights and treatment towards women based on gender. In Hinduism women are subservient to men and only to be shown respect if behaving so, according to the Law book of Manu. They are not allowed to remarry or inherit property nor or they supposed to direct any affairs outside of their household.

Although arranged marriages affect both men and women, women are property of their fathers before marriage. These morals and values create a misogynistic set of social norms.

Patriarchy affects the culture and norms of India and the treatment of women. Patriarchy and Hinduism particularly also affect how disease is spread in India. Dhiraj Ahuja, author of

“Hinduism: The Reason behind Patriarchy” speaks on this topic and goes as far as to say

“Hinduism is the reason why infidelity in marriage are a common occurrence for a man, a pardonable misdemeanor, but for women it's a crime because she could not hold the sobriety and virtues of Sita” (HubPages, 2014). The vast majority of people who use the services of those being trafficked are men. This is true regarding who buys a bride or who pays for sexual services. The fact that it is more socially acceptable for men to commit infidelity promotes this use as well as the spread of HIV that is prevalent in places such as India (covered later in this paper).

Hinduism is a major part of India and arguably a large contributing factor to the core issues of human trafficking and the sex trade in India. As inequality is accepted and reproduced based on gender and on class there are large portions of the population that are believed to be less valuable and to have less worth and rights. It makes it easier to know who to target as there

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is the knowledge that less will be done to prevent harming those individuals as well the knowledge that there will be less, if any, repercussions or punishment. Believing women are unequal fosters a culture necessary to tolerate selling women and children as property. Arranged marriages also contribute to this culture, for they normalize the literal selling of daughters, a fact exploited by traffickers who promise families they are sending her to a prosperous life.

Considering the unwillingness of the government to intervene, the cost of travel, and the poverty of the average citizen, most people will never have the chance to recover their relatives once they are taken.

Conditions and Processes behind Human Trafficking in India

While it's difficult to determine the factors behind sex trafficking due to its clandestine nature, it is possible to deduce several major components. The factors listed above are at the root of the growing sex trafficking problems in India. Human trafficking thrives where there is poverty, political instability, or corruption, as well as communities that undervalue women.

When we examine India under these lenses we are able to see how their culture reinforces these conditions. Siddarth Kara, author, activist and one of the world's foremost experts on modern day slavery and human trafficking, has done extensive research in this area through extensive and collaborative research with philanthropic organizations such as Dasra. The report published in

2013, Zero Traffick, discusses the problem of sex trafficking in India as well as the efforts to g

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fight it by several prominent nonprofits. The following information has been gleaned through this research.

The marginalization of females in Indian culture and the acceptance of violence against females in Indian society is a pressing issue. Generally, females are viewed with disdain as they are a financial burden as well as perceived as less valuable members of society. Children, primarily girls, are heavily impacted by these views. Reports estimate that 40% of commercial sex workers are under the age of 18 years old and that the average age of the CSE children has steadily moved from ages 14-16 down to girls aged 10-14 years old in the last decade (p.46).

Statistics show that women are frequently victimized in India. A woman is molested every 26 minutes in India, raped every 34 minutes, kidnapped every 43 minutes, and every 93 minutes a woman is killed (UN India, 2001). Incidents of crime against women are increasing in the region not just because of socio-economic and cultural factors but can also be contributed to poor enforcement and follow up on the legal side. Women tend not to want to talk about or report these crimes, especially when sexual in nature, due to ideas of shame and honor that are perpetuated in the religion and culture of India. They also fear further harassment or harm.

Women are further affected in India because of the dowry system, which is still in practice today despite being made illegal in 1961 by the Indian government. According to author and sociologist, Karen Kinnear, the act remained ineffective, with no legal recourse even after the revisions in 1984. The outlawing of these practices has little to no effect and bride's’ families are still allowed to give “gifts” to the groom’s family. If the groom’s family consider the gifts unsatisfactory they often harass or kill the girl (Kinnear, 2011). This burden and fear is a major 20

cause of female infanticide and the selling of girls to “local recruiters”. If parents keep their female children, then they are responsible to pay their dowry when it is time to marry her to an

Indian man. If they cannot pay the dowry or it is considered too low or insufficient, then it is possible that the girl may be murdered by the future groom's’ family. According to Garcia-

Monero, there were approximately 7,000 dowry related deaths in 2005 alone, many of those victims aged 15-34 (Garcia-Monero, 2009). India accepts violence towards women and it is common to view women as property of the patriarchs of their households, and therefore they do not receive the same benefits of the legal system that men do in regard to issues such as domestic violence and rape.

Demand

No enterprise continues without a demand or customer base. Human trafficking persists because there is a market for the sale of individuals for the use of labor and sex. Sex trafficking targets women and children for as their merchandise because there is a considerably higher demand for those over that of grown men. The primary purchasers of these services and individuals are often men. Kara (2013) discussed the three components that fuel the demand for the trade. The first component is men who purchase sexual acts. These men include “pedophilic tourists” that can come from anywhere in the world, as well as Indian nationals. The fact that sex trafficking is so high in India is not only because of the locals who purchase the services but because of individuals engaging in them when they visit as well. According to Kara (2013), “[Rampant] growth in megacities such as Mumbai has seen an influx of migrant workers who have left their families to find work in the cities. This has resulted in a rapid escalation in the demand of cheap sex. 21

Loneliness, coupled with the anonymity of the city, has made paying for sex an attractive option; a majority of migrant workers report that they have indulged” (p.7). The second component is the profiteers of the sex industry. These are the individuals that have a calculated view of the industry.

This category is comprised of the people who own and run the brothels and the corrupt official who are complicit in the trade. These people are often motivated by the lucrative nature of the trade and not necessarily the services themselves. The third component lies in culture and gender norms that indirectly augment trafficking. There are large parts of Indian culture and society that devalue women and girls. These stem from the patriarchal nature and views held by Hinduism and in part. This increases their vulnerability to trafficking, as well as mitigates the negative effects and morals repercussions of these crimes in the eyes of the public. This enables trafficking without having to directly support or participate in it.

Civil Unrest

Political instability, militarism, civil unrest, internal armed conflict and natural disasters may result in an increase in human trafficking. The destabilization and displacement of populations increase their vulnerability, which includes vulnerability to exploitation and abuse through trafficking and forced labor. War and civil strife may lead to massive displacements of populations, leaving orphans and street children who are extremely vulnerable. Desperate or displaced people are approached by “businessmen” who offer the prospect of secure housing and better jobs in other places. Many are thus transported to major cities in which child sex tourism is a thriving industry. Broadly similar processes also take place in religious pilgrim centers such as

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Tirupati, Guruvayoor, and Puri. Indian nationals engage in child sex tourism as well as, to a lesser extent, foreigners who visit India.

There are multiple factors at work in northeastern India which facilitate trafficking of girls from that portion of the country. First, areas in northeastern India experience a higher incidence of families willing to sell their daughters, who in turn are sold to brothels or are sold by third parties (traffickers) to an individual for marriage. Additionally, parents in tribal areas will at times pay about Rs. 6000-7000 ($87.87-$102.52) to traffickers to feed and shelter their children, because the parents believe the traffickers are giving the child better opportunities in regard to safety and education (Kaur, 2013). Even the cultural belief that fairer complexion is more beautiful is considered part of the reason why the northeast region is so heavily impacted as an origin destination for trafficking. The girls there are fairer and considered more desirable by

Indians, and are thus more valuable to traffickers. Yet another facilitating factor concerns conflicts between tribes. Violence due to conflict between tribes results in a considerable number of homeless and thus very vulnerable children. According to Kaur (2013), from 1992-1997, conflicts between two particular tribes, the Kuki and Manipur, led to an increase in homeless children, which was then reflected in a disproportionately large increase of trafficked individuals from these two tribes.

Poverty

The main stream of sex trafficking in India runs between distinct regions of the country.

Trafficking occurs most commonly with the acquisition of girls in rural areas that are then trafficked to more urban areas for purchase. This relocation is frequently over hundreds of miles 23

away, crossing state and even national lines where they do not speak the language. Every state in

India has its own language, so barriers to communication remain high. In trafficking regardless of state or national lines. An added complication for victims occurs when trafficked across national lines as they are frequently in the country illegally as well. and often are illegals in the country. Northeastern India are the most common sites for the acquisition and transportation of trafficked individuals, accounting for 78% of reported victims. This is no coincidence with the concentrated nature of poverty and illiteracy in rural areas. The impact of poverty and under education are considerable factors in the vulnerability of targeted populations. More than 70% of all trafficked victims are illiterate with almost half of those with a family income falling below

Rs. 66 (approximately US$1) a day. According to the US State Department, there is an increasing number of girls from the northeast – including those with education – who are duped with promises of well-paid employment in large cities. Those girls are then forced into prostitution or marriage in places such as Haryana and Punjab (US Department of State, 2013).

Beyond northeastern India, similar conditions of poverty lead to a large population of vulnerable people in areas such as the Himalayas and in rural areas generally. In all such instances, social vulnerability and the lack of awareness of human trafficking makes local peoples subject to the ploys of traffickers. Whether kidnapped or lured from their homes with false promises these women are often starved, raped and tortured to condition and prepare them for entering the sex trade.

Dewey (2008) and organizations such as ITEMP recognize that vulnerability can undermine recognition of human trafficking as a crime. Many women controlled by human

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traffickers would not consider themselves victims. Instead, they believe that they are indebted and are thus merely working off that debt. This overlooks the eminently deceitful and coercive nature of human trafficking. Women and children are often sold to traffickers on false promises of the prospect of a better life. Person's sold to traffickers are generally handed over without the consent of the victim. These individuals are then forced to live under informal conditions and have no legal recourse or ability to renegotiate their terms. Additionally, after the sale and transport, traffickers gain further leverage to coerce their victims, who must work under conditions of unilaterally imposed servitude from which there is no ready escape. Finally, trafficked women and children are routinely charged inflated prices from their pimps/madams, which ensures that debts cannot be repaid, which belies any claims to free and fair contracts.

Widespread poverty and a culture of patriarchy together create the conditions that increase the risk for trafficking of women and children Due to poverty, many families have a limited ability to care for their children. Due to patriarchy, many families favor their male over their female dependents. The sheer number of people in India statistically increases the number of people affected. In a culture that devalues women and limits their opportunities for any independence, including financial autonomy. Girls are inherently financial burden to their families that many families cannot afford. Consequently, many poor families have little desire to have or keep female children. Beyond trafficking of girls, the preference for boys also results in a higher rate of female infanticide. The need for girls as well as boys for social reproduction, has led to the recent ban in India on health care personnel telling expectant parents of the gender of their unborn children. Nonetheless, there is a larger than normal sex ratio of boys to girls at birth.

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This disparity has led to populations with more males than females in large areas of India. This disparity has itself stimulated trafficking in girls and women. Without enough women as candidates for mates for men, there is thus demand for women, which has resulted in an increase in the number of girls kidnapped or sought to be bought from families by traffickers for forced marriages, in addition to prostitution and other forms of sex trafficking.

Government Corruption

In addition to having a highly at risk population in India there is also a history of government corruption that contributes to the lucrative nature of human trafficking in India.

According to the Council on Foreign Affairs, corruption in India can be traced back to the country's colonial past and particularly the period of time referred to as the “License Raj” period from 1951-1991. The “License Raj” period came about after the 1951 Industries Act, which required all new industrial operations to obtain a license from the central government. This increased competition and bribery of officials (Xu, 2014). In 2013, India ranked ninety-fourth out of 176 countries in Transparency International's Corruption Perception Index, alongside

Mongolia and Colombia and below neighbors like China and Sri Lanka (Transparency

International, 2013). In 2007, Ram Dutt Tripathi reported that over 10,000 police officers were dismissed from their positions due to alleged irregularities, nepotism and bribery in the selection process. This prompted major discussions about the corruption in the police force among those who were already in service or being dismissed but also raised a question of the motivation of the person who sought their dismissal and whether the replacements would be in the pocket of the newly-elected chief minister Mayawati Prabhu Das (Tripathi, 2007). As the police and courts 26

are the public institutions most directly involved in sanctioning and punishing corrupt practices, such as trafficking, police corruption seriously undermines the government’s anti-corruption efforts. While working in Mumbai with women who were working in Mumbai’s “red light district” I saw firsthand the magnitude of police corruption. The brothel was run by the local sheriff’s wife. The women in the brothel arrived through various means. Some were sold by their parents at a young age and others were destitute and given this opportunity for a “better life.”.

They not only were unaware of their own victimization or rights but they had no hope of local police helping them.

The Indian government consists of a supreme court, high court (state level) and subordinate courts (district and local level). According to the Global Corruption Report of 2007 the supreme court has low levels of reported or acknowledged corruption, whereas in the lower justice institutions corruption is reportedly “rampant and systematic” (Transparency

International, 2007). According to Marie Chene, corruption remains widespread throughout India with numerous instances of corruption in the political and bureaucratic sectors related to public funds embezzlement, fraudulent procurement practices and other forms of judicial corruption.

Chene believes that India will not see any major changes to their high levels of corruption as long as there is a lack of accountability for police, court and other officials in the court proceedings and processes (Chene, 2009).

The US Department of State discussed in detail the complicity of police and government officials, which has gone unaddressed in India. They are quoted stating that “some corrupt law enforcement officers facilitated the movement of sex trafficking victims, protected suspected 27

traffickers and brothel keepers from enforcement of the law, took bribes from sex trafficking establishments and sexual services from victims, and tipped-off sex and labor traffickers to impede rescue efforts.”

(US Department of State, 2013). The corruption of law enforcement is furthered by the lack of protection provided for victims by the law itself. Not only are traffickers under- prosecuted but India has a history of prosecuting victims of sex trafficking. According to Sadika

Hameed, Sandile Hlatshwayo, Evan Tanner, Meltem Türker, and Jungwon Yang of the Asia

Foundation, India’s legal framework for sex traffickers and its victims is severely flawed. The

Immoral Trafficking Prevention Act (TIPA) has an entire section that is used to harass victims of human trafficking for acts such as public indecency or being in the country illegally. There is a lack of knowledge and awareness of the statutes, overworked and underpaid judges and officials who are insensitive to the plight of these individuals as well as lack of resources and funding for government programs meant to help victims (Hameed, Hlatshwayo, Tanner, Turker, & Yang,

Human Trafficking in India: Dynamics, Current Efforts, and Intervention Opportunities for The

Asia Foundation, 2010).

Processes behind Trafficking

The devaluation of women and girls in Indian society is a key factor that makes them disproportionately vulnerable to victimization. This raises the key question of the various processes by which traffickers operate. Traffickers in India use various ploys to trick people into falling victim to coercion and control. Such plots include promising parents a better future for

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their children, jobs far enough away that women have no other options once they arrive, and the targeting of individuals who have no other options to escape poverty (homeless, widowed, and others). These ploys are frequently successful because there is a lack of awareness of human trafficking, and because many individuals have little ability to verify the veracity of the claims being made or to know if “businessmen” are in fact traffickers.

The gendered nature of sexual exploitation may be based on a cyclical process. For example, as discussed by Kuklin (1996), it is common practice in India for madams based out of cities to go back to their home villages and recruit girls. Then these girls grow up and a select few become madams, and the cycle repeats (Kuklin, 1996). This cycle serves to increase the selling of children, especially girls to affluent friends or family members, which in turn creates a significant form of vulnerability that is not present in less patriarchal societies.

Poverty in India is a major driver behind specific processes that lead to sex trafficking.

Some poor parents sell their children, and not just for the money. Such sales also occur in the hope that their children will escape a situation of chronic poverty and move to a place where they will have a better life and more opportunities. This hope is, however, betrayed by the coercion and lack of options available to trafficked persons subjected to slavery. Parental sales of children thus occur in India due to a lack of awareness of the outcomes seen by trafficked children.

In other cases, individuals apply for what they believe to be legitimate jobs in other states or countries, only to be sold to traffickers. Often victims fall prey to a ruse and are then exploited by offenders to recruit and gain initial control or cooperation, only to be replaced by more

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coercive measures once the victims have been moved to another state or region of the country.

Sometimes the victims may not even realize they are being trafficked until they get to their destination. According to ITEMP, “Some of the common factors are local conditions that make populations want to migrate in search of better conditions: poverty, oppression, lack of human rights, lack of social or economic opportunity, dangers from conflict or instability and similar conditions” (Human Trafficking and Contemporary Slavery).

The Consequences of Sex Trafficking on Trafficking Victims:

Sex trafficking involves a plethora of egregious human rights violations including the violation of the most basic right to life; it can lead to direct violations of the right to life, as well as indirect violations such as transmission of life threatening infections, injuries and illness

(Zimmerman et al., 2008). The abuse and neglect of victims of trafficking extends beyond the physical violence experienced during the act of sexual services. The needs of victims of trafficking are among the most complex of crime victims according to the National Human

Trafficking Resource Center. Often the needs are emotional, physical, financial and legal. This requires a multidisciplinary approach to providing care for those affected including but not limited to hospitalization or doctors’ appointments, therapy and medication, immigration and other legal issues, shelter, helping finding a job and/or shelter placement and due to the severity of trauma often someone to watch to ensure the individual's safety.

The effects on sex trafficking victims impacts these individuals physically, psychologically, and emotionally. Victims are often “conditioned” to be more cooperative; they

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are repeatedly physically and sexually abused until they submit to their captor. Sex trafficking victims are at danger for a range of risks discussed by S.M. Leblond, including substance abuse, bodily or neurological trauma, sexually transmitted diseases, sterility, complicated pregnancies, and other problems (2013). These victims suffer more than just from the sexual violence imposed by their captors and “clients”. Common health issues experienced by human trafficking victims often include an array of physical and psychological health issues stemming from inhumane living conditions, poor sanitation, inadequate nutrition, poor personal hygiene, and poor working conditions (Williamson, Nicole, & Clawson Caliber, 2009). One method of viewing the impacts of sex trafficking is direct and indirect physical, psychological, and psychosocial consequences. This means looking at not only the effect on the victim’s body as well as their emotional being and the potential impact on the region they are in.

Physical Trauma/Abuse:

The health consequences to women, who are prostituted and trafficked, are often similar to the infections and injuries sustained by victim’s other forms of violence such as domestic abuse. These injuries include cuts, abrasions, bruises, broken bones, burns and mutilation.

(Raymond, Hughes, & Gomez, 2001). The most severe and prevalent physical health symptoms reported by these women include exhaustion, dizziness, and pain in the back and abdomen as well as headaches and issues with memory. The most frequently injured body regions reported included the face, neck and head (Zimmerman, et al., 2008). A recurrent issue found in women being trafficked was soreness and often bleeding or trauma to the throat, vagina, and anus due to forcible or violent sex acts and rape.

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Infectious Disease:

India experiences a high rate of infectious diseases related to poor sanitation, over population, malnutrition, unclean drinking water and a deficit of education on hygiene and health. A report by the World Health Organization state “Lack of food, shelter, security and social protection make people more vulnerable to infections, while affected populations are often unable to obtain even the most basic means of prevention and care” (WHO, 2012). Trafficking victims are at an increased risk beyond this due to overcrowding, poor sanitation, lack of preventative and post incident health care. In addition to these risk factors the violence these women undergo taxes their immune system and makes their body more vulnerable to secondary infections (Raymond et al., 2002). Approximately 40% of the trafficked victims are adolescents.

Over time, the average age of sex workers has dropped from 14 – 16 to 10 – 14 because young girls are believed to have a lower risk of carrying a sexually transmitted disease. This belief has only contributed to the increase in trafficking victim contracting diseases at even younger ages in recent years.

HIV/AIDS:

The prevalence and risk of physical, mental, and sexual health problems, including HIV, among trafficked people is examined through a systematic review performed by researchers.

Studies indicate that infection rates for HIV/AIDS are growing alarmingly across South Asia. It is believed that Asia is at risk of experiencing social and economic devastation on the scale of the kind of full-blown AIDS epidemics that occurred in Africa. According to India’s National

AIDS Control Organization (NACO), the bulk of HIV infections in India occur during

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unprotected heterosexual intercourse. Consequently, and as the epidemic has matured, women and the younger generations account for a growing proportion of people living with HIV, especially in rural areas. (The World Bank, 2007). The sex industry has been identified as major component in the spread of HIV (Beyer & Stachowiak, 2003).

India’s gender inequalities wrongly stigmatize women in regards to HIV/AIDS in much the same way that they stigmatize and victim-blame women trafficked in the sex industry. A

2006 UNAIDS report estimates that in the past twelve months, 12% of males between the ages of 15 and 24 had sex with a casual partner, but only 2% of women in the same age group

(UNODC, 2006). It is unfair to assume, therefore, that female promiscuity is the primary source of the problem yet woman, and sex workers specifically are often socially held responsible in

India’s public opinion. Even with these statistics and the belief that it is the sex workers fault, there are few resources and efforts for infection prevention programs. Migrant male workers currently receive the largest amount of attention and programs according The World Bank

(2007).

The studies examining HIV specifically look at women accessing post-trafficking services in India and Nepal after escaping trafficking. The studies chosen utilizes a variety of screening tools isolating statistics on anxiety, depression and posttraumatic distress disorder.

They found about anywhere from half to all individuals had high levels of depression and anxiety and anywhere from 19.5%–77.0% were diagnosed with post-traumatic stress disorder increased risk of HIV infection (Oram, Stockl, Busza, Howard, and Zimmerman, 2012).

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Kounteya Sinha of the Times of India reports that Asia is the region with the highest risk of HIV infection, even more so than Africa or Latin America. Nearly two out of every five female sex workers in India are predicted to be suffering from HIV infection. For the 60% who are not infected, they carry more than 50-times an increased risk of becoming infected during the course of their life (Sinha, 2012). In a study published by the Public Library of Science research indicated that the male use of female sex workers drives the heterosexual transmission of HIV in

India. The results of the study indicate that not only is there a high rate of HIV infection that goes untreated in female sex workers but that the study confirms that the use of female sex workers by heterosexual men often overlaps with married men who then transmit the disease to their wives (Gaffey, et al., 2011).

Youth with HIV/AIDS:

Individuals under the age of 15 are particularly vulnerable to HIV infection. According to

According to on Trafficking of Women and Children in India by the National Human Rights

Convention “Investigations specific to sex trafficking victims in South Asia documented prevalence rates that vary from 17.8% to 38% among women and girls rescued from sex work and if they were trafficked when they were less than 15 the HIV rate jumped to just over 60%”

(Nair, 2004). Studies showed not only a stronger correlation to HIV prevalence among girls 15 and under opposed to girls who were ages 16-18, but a significant link to extended duration in brothels increasing likelihood of 3-4% of contracting the HIV infection for each additional month working in a brothel (Silverman et al., 2006).

Woman and HIV/AIDS

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Female sex workers are at substantially larger risk of contracting and transmitting STDs.

Even if one were to not consider the lack of sexual education and awareness in India, the fact that these women are literally enslaved victims of trafficking takes away their power or ability to negotiate safe sex with their partners. They practice unsafe sex with multiple partners which increases the risk of transmission, and they do this many times per day. The violent and dangerous sexual practices endured by these women leave them with vaginal and rectal abrasions and lesions making them more susceptible to communicable diseases (Burkhalter, 2003). Sex trafficking has shown a direct cause and effect linkage to the mutation and spread of the AIDS virus and the global dispersion of HIV subtypes (Beyer & Stachowiak, 2003).

Reproductive and Sexual Health Issues:

Women who are trafficked sexually are posed with health issues very specific to their form of exploitation and abuse. Their sexual and reproductive health are often compromised. The vast majority of women participating in studies after a trafficking experience reported having been sexually abused and/or coerced into involuntary sexual acts. An accurate number of women with sexually transmitted infections is hard to determine due to the lack of treatment provided to these individuals. The fact that these infections go untreated lead to larger problems. Examples of infections that may not even prevent symptoms, or whose symptoms may not warrant medical attention include syphilis, gonorrhea, HPV, Hepatitis B and chlamydia. Left untreated these infections can lead to lifelong disability, infertility and be a host of other chronic complications

(Beyer & Stachowiak, 2003). STIs and PID (pelvic inflammatory disease) are common complaints among victims and the likelihood of infertility increases with the number and the

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severity of PID episodes. Other gynecological issues include urinary tract conditions, unwanted pregnancy, miscarriages, abortions and live births. Commercial sex workers experience a higher rate of cervical cancer and maternal death rates (The World Bank, 2007). Complications often occur from births, miscarriages and terminations due to unsanitary and makeshift services and conditions of the procedures as well the woman not having adequate time or conditions for recovery. These complications can include sepsis, hemorrhage, genital and abdominal trauma, perforated uterus, acute renal failure, chronic pelvic pain, infertility PID, tubal occlusion and death (Zimmerman, et al., 2008).

Indirect Psychological Issues:

Substance Abuse:

Victims of sex trafficking who escaped reported traffickers used drugs or alcohol as a tool of coercion to encourage them to perform acts they were unwilling to participate in ranging from the initial acts of prostitution to specific acts over time that would otherwise be deemed objectionable or too risky. Traffickers often encourage the use of substances, and at times the women willingly sought them out to cope with longer hours, an increase in clients or in order to manage the emotional trauma and psychological impact of trafficking. Women at times would even use overdosing as a method for self-injury or as an attempt to commit suicide (Zimmerman,

2003).

Mental Health:

Victims of violence often experience psychological difficulties during and after their abuse, especially in the case of prolonged captivity and abuse. The psychological impact on

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women is perhaps the most intransigent and painful health problem that affect human trafficking victims (Zimmerman, 2006). Trafficking differs from singular forms of trauma, such as rape or disaster, and is more synonymous with events such as torture and domestic violence due to its prolonged nature. The characteristic feature present in these forms of intense and chronic violence are “life-threatening events, persistent stress and repetitive or chronic danger”

(Zimmerman et al., 2008). Although Post-Traumatic Stress Disorder (PTSD) is most commonly associated with victims of human trafficking the more common occurrence is that of depression and anxiety disorders during and in the aftermath of trafficking. In one study, women reported depression/sadness (78%), self-blame/guilt (65%), anger/rage (64%), difficulty sleeping (59%), as well as experiencing numbness, being sluggish, and loss of appetite (Raymond, Hughes, and

Gomez, 2001).

Psychological control tactics to manipulate women include intimidation, threats, lies, deception, and imposition of unsafe and unpredictable events in order to keep women uncertain of their immediate and long-term future and therefore obliged to obey traffickers (Zimmerman et al., 2008). These coercive measures cause damage within themselves, similar to that of individuals in totalitarian regimes. In addition to the trauma of the tactics, many women often experience guilt and shame for having failed to recognize or evade the deceptive and coercive tactics or for not having escaped the situation sooner.

Victims can experience memory loss associated with repression, identity issues, and mental defeat after their experiences during trafficking. Traffickers often psychologically break women so they lose self-identity and are prepared to do whatever someone asks, no longer caring

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if they survive (Logan, Walker, and Hunt, 2009). These issues impact not only their health and wellbeing but their desire and ability to receive services for other psychological or physical issues and impacts their recovery. In cases where the legal system is involved the inability to remember what occurred during extreme trauma, the lack of confidence and self-worth as well as decreased motivation and will affect their ability and desire to prosecute their captors.

As we have seen, India operates under a framework in which members are identified and treated through lenses based on socioeconomic status, gender, religion and other identities. This causes women to be undervalued and viewed as property as opposed to equals, increasing their risk of being victims of crimes such as trafficking. It also affects the view of the general population and the government and law enforcement officials. Changes in social and economic inequality new forms of mobility, and industrialization all impact India and other parts of

Southeast Asia making them more vulnerable to not only the ruses of trafficking but the spread of and lack of treatment of disease in the area. This coupled with the erosion of traditional values are “increasing the vulnerability of large segments of the population of the region to HIV/AIDS, as well as heightening the particular vulnerability of women and girls to sexual exploitation and trafficking” according to The United Nations Research Institute for Social Development

(UNRISD) (Shah, Brar, & Rana, 2002). The research performed also suggests that urbanization of western culture could be aggravating gender discrimination in the traditional societies in India.

Often in these sorts of scenarios the least empowered people in a society are affected, which in

India includes most women.

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Individuals who suffer from trafficking experience victimization on many levels.

Although anyone can be targeted by human trafficker there are populations that are more vulnerable to their tactics. Victims of domestic violence, sexual assault, war and conflict or social discrimination may be targeted by traffickers, who recognize the vulnerabilities left by these prior abuses. We can see an increase risk due to how “violence and abuse may be normalized or beliefs of shame or unworthiness lead to future susceptibility to human trafficking” (Trafficking Resource Center). This is important when we are looking at India, as the caste system creates its own set of victims of identity, class, and worth. Women are not only frequently victimized through domestic violence, shamed (for being a woman), and otherwise mistreated, but in addition to all of these factors, there are wars occurring between tribes in the

North of India. All of these factors increase difficulty in providing intervention or prevention of such crimes on both local and national scales.

NGO and Governmental Efforts:

The United Nations Office on Drugs and Crime is the primary agenda-setting body in global efforts against organized crime. The information about it and the United Nations

Convention against Transnational Organized Crime (UNTOC) has been sourced from the

UNODC protocols United Nations Office on Drugs and Crime (2004). It was created through the combined efforts of the United Nations Drug Control Programme and the Centre for

International Crime Prevention. In is funded by governmental contributions and has produced

UNTOC. UNTOC is a multilateral treaty that came into force in 2003 via the United Nations

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efforts to fight transnational organized crime. It is also called the Palermo Convention, as the convention took place in Palermo, Italy. Its three supplementary protocols (the Palermo

Protocols) are the following:

● Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially

Women and Children; and

● Protocol against the Smuggling of Migrants by Land, Sea and Air.

● Protocol against the Illicit Manufacturing and Trafficking in Firearms

India's recent adoption of the Amendment Act has significantly improved India’s compliance with international standards set by the United Nation Trafficking Protocol.

Unfortunately, they still do not meet the minimum standards placing them as a tier 2 country.

India's laws and their implementations fail to meet the requirements and recommendations, in regards to prevention, protection rehabilitation, migration, decriminalization and repatriation.

Anti-Trafficking efforts can be separated into four distinctive categories. Efforts deal in prevention, prosecution, protection and capacity building. Each of these interventions are vital and require efforts from the state and central government as well as non-governmental organizations (NGOs).

PREVENTION

Prevention relates to “activities geared towards economic empowerment, and education and awareness building with the goal that would-be victims will not be vulnerable to traffickers”

(Hameed, Hlatshwayo, Tanner, Türker, & Yang, 2012, p. 23). Prevention efforts are the foundation of the global movement to monitor and combat human trafficking.

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Governmental Efforts

The Ujjawala scheme for the “Prevention of Trafficking and Rescue, Rehabilitation and

Reintegration of Victims of Trafficking for Commercial Sexual Exploitation is a comprehensive governmental effort in all five steps. In regards to prevention, the scheme aims to “prevent trafficking of women and children for commercial sexual exploitation through social mobilization and involvement of local communities, awareness generation programs, generate public discourse through workshops/seminars and such events and any other innovative activity”.

(Human Trafficking Laws, 138). This scheme addresses prevention through five different areas.

They address the formation of community vigilance groups, which create and raise awareness of trafficking in the community and create a networking effort against trafficking. The formation and functioning of Balika (adolescent girls)/Balak (adolescent children) Sanghas (consortiums) which use peer education and awareness. The creation and use of sensitization workshops/seminars addressing trafficking and combating current tones of gender inequality.

The generate awareness through mass media in folk theater, street plays, puppetry and other art forms with a focus on the traditional arts in India. Lastly they address awareness through education in the forms of materials such as posters, leaflets, and pamphlets that come in whatever the local language is for the area (Human Trafficking Laws, 139).

Community Based Intervention Programs

Community based intervention programs focus on raising awareness of trafficking to the general public as well as those who are considered at risk for being victims. Through the partnerships formed with the government and non-governmental organizations provide

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opportunities for cost effective and delegated prevention strategies through community centers.

Centers are created that provide a multitude of services aimed at the prevention of trafficking.

Centers have training for officials such as hospital and police staff to help identify the signs of victimization. These centers also offer literature, education, life skills, and secondary education for at risk youth. In high risk areas there are centers who provide hotlines where you can report any suspicious activities or businesses as well as request information to verify the validity of job offers or employment.

As India has many areas that have been identified as high risk trafficking origin spots community based centers have been implemented to put in effect two major pre-emptive strategies for trafficking. One strategy is skill building and focused on building the girls in the areas confidence, self-esteem and abilities to make better decisions for themselves and their lives. The second focuses on capacity building and target economic development to help dissuade girls from making decisions that they do not fully understand out of desperation for money as well as to help them generate income to combat the cultural view of woman as an economic hindrance, particularly in the Hindu culture. These programs work on income generation through programs such as micro-loan groups that put woman together and teach them entrepreneurial skills and provide them the seed money, education and opportunity to help themselves and their communities thrive.

Other forms of community based NGO aid come from preventative measures for the second generation of these sex workers. In heavily affected areas, particularly red light districts in India, the government teams with organizations to help provide shelter, care, and/or education

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for the children born to the workers in these brothels. The hope is to help these children have other opportunities and to provide them the physical and psychological care that they need due to their circumstances.

Demand Reduction Strategies

Community based programs focus on the community, which is inclusive of prior, current and potential victims as well as those in the community that surround them. Demand reduction strategies are another effective form of prevention. The focus is to curb the demand for sex trafficking that is perpetrated by males in the area. It is the belief that changing the way men view sex, woman and prostitution is essential in preventing trafficking. Studies have shown that men who purchase sex have a different view of sex and the woman in the industry and often view prostitutes differently than “normal woman” (Farley et al., 2011). This is important because in a culture where the view of woman is already so detrimental the regard of CSW’s as even less allows men to rationalize and justify the mistreatment and disregard for these woman, at the hands of the men or others. Although India has some organizations actively involved in implementing this method it is less common and has a very limited presence. These campaigns focus around strategies to inform the public of the role of men in the demand for trafficking and the need for changes in system (Apne Aap, 2014).

Prosecution

Prosecution regards “activities focused on the criminalization of trafficking, implementation of anti-trafficking legislation, and the prosecution of offenders” (Hameed,

Hlatshwayo, Tanner, Türker, and Yang, 2012, p. 23). This involves a variety of interventions that 43

identify who traffickers are and then proceed to arrest them and confiscate all illegal revenues and assets associated with the crime, and then holding traffickers accountable for the damages and reduce the risk of those individuals reoffending. Prosecution is a necessary and valuable piece of anti –trafficking as otherwise prevention is far less effective. India struggles with corruption and failure implementing anti trafficking measures. The prosecution of traffickers is an enormous challenge in a country with substantial amounts of corruption in both its government and law enforcement system. There is ambiguity between the exploited and the exploiters (Hameed, Hlatshwayo, Tanner, Türker, & Yang, 2012).

India meets the minimum requirements for the United Nations Organized Crime and

Trafficking in Persons Protocol. Sadly, there are no safeguards or regulations against criminalizing the victims of trafficking. There are no trainings on how to sensitize law enforcement to gender discrimination. There is a lack of investigation or question into the coercion, deceit or other prevalent factors that frequently push these women into commercial sex work. The result is, these women are punished by the judicial system and at times deported.

There is no follow up to provide services or help them heal and there is no investigation into how they ended up doing this in the first place and no pursuit or prosecution of the assailants.

There is a disconnect from the protocols of United Nations to the implementation in

Indian law. Indian laws lack definition, consistency and equality. Various statues, civil and criminal define a minor differently. The age is consistent even in the same field, such as labor law, dependent upon the statue being utilized. The age of a minor is anywhere from 18-21 in most scenarios and locations in India. In Indian law they do not view trafficking of people as a

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part of organized crime. Therefore, they do not include provisions of organized crime law that are relevant to the cases. In terms of cross border trafficking there are little to mechanisms for cooperation in regards to joint investigations, legal assistance, joint investigations, transferring of information and of sentenced prisoners.

Government Protection Efforts

Government provisions and efforts currently include the following schemes: The

Ujjawala, Swadhar Greh, and Juvenile Justice (Care and Protection of Children) schemes. These are programs of action implemented at a governmental level that are meant to provide services to victims after the fact. The schemes are described below.

The Ujjawala: A Comprehensive Scheme for Prevention of Trafficking and Rescue,

Rehabilitation and Reintegration of Victims of Trafficking for Commercial Sexual Exploitation, under the Ministry for Women and Child Development, attempts to “provide rehabilitation services both immediate and long-term to the victims by providing basic amenities/needs such as shelter, food, clothing, medical treatment including counseling, legal aid and guidance and vocational training.” The Ujjawala Scheme is meant to assist victims with funding to help them return to their families, as well as “seed money” of 5,000 INR (roughly $82) to each victim .

Swadhar Greh: A Scheme for Women in Difficult Circumstances, also under the Ministry of Women and Child Development, is a similarly focused program. The Swadhar Greh Scheme is meant “to provide temporary accommodation, maintenance and rehabilitative services to women and girls rendered homeless due to family discord, crime, violence, mental stress, social ostracism or [who] are being forced into prostitution and are in mortal danger.” Beneficiaries of

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the Swadhar Greh Scheme include “trafficked women/girls rescued or runaway from brothels or other places where they face exploitation .”

The third provision differs in relation to the targeted population. This provision focuses on minors, defined as individuals under the age of 18. The Juvenile Justice (Care and Protection of Children) Act, 2000 defines a child in need of care and protection to include a child “who is found vulnerable and is likely to be inducted into . . . trafficking.” The Act establishes procedures for the recovery and social reintegration of such children, including the creation of shelter homes and the provision of foster-care services .

Interviews conducted by P.M. Nair, a law enforcement official for New Delhi, India, revealed that India's trafficking recovery laws and policies are piecemeal and haphazardly applied. During an interview, Dr. Nair stated that the government's efforts to rehabilitate individuals are often ineffective and restricted by a lack of communication and coordination between state and governmental agencies. These lapses in communication and cohesion occur from rescue to rehabilitation and at each step in between. Many NGOs have reported difficulty in receiving timely disbursements of national government funding for their shelters. Interviews conducted with government officials and NGO stakeholders suggest that services provided by both non state actors and the government are frequently lack luster in quality and consistency .

The government of India has a network exceeding 350 short stay homes. These homes are poorly funded and regulated and there are several reports of the holding facilities that house these victims as being potentially worse than the brothels where they were previously held. Jana noted that “even a government report showed how bad the conditions are at some remand homes,

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girls have been physically and sexually tortured.” (Hameed, Hlatshwayo, Tanner, Turker, &

Yang, 34)

Interviews with NGOs overwhelmingly indicated that government-run shelter homes suffer from poor hygiene and limited services. The United States 2013 Trafficking in Persons

Report similarly found that India's government-run shelter homes were overcrowded and unhygienic, offered below average food and provided only limited services. In some shelters, moreover, victims are not permitted to leave, in violation of international law. In addition, the services that government-run recovery homes offer may be counterproductive for the victims of human trafficking they are supposed to assist. For example, Mr. Ramesh Halbavi of the

Department of Women and Child Development (DWC) in Karnataka noted that shelter homes try to convince women to get married in order to reintegrate them back into society, believing that the girl or woman will be in a better social position after being married. Such actions reify a woman's secondary position in society by negating her ability to be an independent, productive member of society in her own right and failing to provide her with the tools needed to be economically independent.

Non-Governmental Organization Protection Efforts

Grassroots Organizations

Local people are India's strongest resource against trafficking. In 1992 a program was developed to try to address the severe issue of HIV/AIDS in Songachi, the largest red light district in India. The program developed, in part, consisted of sex workers in the area being

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trained and promoted to the public as peer and outreach workers. Due to various obstacles the program was revised and in 1995 the community members developed a unique organization, called the Durbar Mahila Samanwaya Committee (DMSC). This is a forum exclusively set up and managed by sex workers and their children with the objective of creating solidarity and collective strength among the sex worker community and other marginalized groups. In 1999 they took full control of the intervention program and started replicating the basic principles and guiding policies of 'Sonagachi Project' in other red light areas in the city. The organization took special initiative to reach an increasing number of sex workers. The DMSC now is comprised of

65,000 sex-workers (male, female & transgender) and is active in identifying and challenging the underlying socio-structural factors that help perpetuate stigma, material deprivation, and social exclusion of sex workers. The organization is explicit about its political objective to establish the rights of sex workers. DMSC demands recognition of sex work as work and, of sex workers as workers

Another very large organization that is combatting sex trafficking in India is Prajwala, based in Hyderabad. Its focus is on the eradication of forced prostitution and sex trafficking.

Founded in 1996, the organization actively works in the areas of prevention, rescue, rehabilitation, reintegration and advocacy to combat trafficking in a multi-dimensional approach and restore dignity to victims of commercial sexual exploitation.

Currently, Prajwala runs several transition centers, shelters, crisis units and other programs for sex trafficked women and children, the majority of whom are HIV positive. Out of its 200 employees, 70% are survivors themselves. Prajwala also forms partnerships with local

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communities, civil society, corporate agencies and government bodies on various aspects of prevention, protection and prosecution both on a nation and transnational level.

Interviews with members of the DMSC address major safety issues encountered by victims of sex trafficking. There is a distinct difference between sex workers and victims of sex trafficking, yet officials in law enforcement erroneously merge these two groups when enforcing law for anti-trafficking. Not all women engaged in sex work are victims of trafficking, and not all forms of trafficking involve sex work. International law clearly recognizes both as the definition of trafficking includes the “exploitation of the prostitution of another” but does not impose obligations on states to either prohibit or permit adult sex work. This has resulted in the imprudent detention of sex workers who were incorrectly identified as victims.

These organizations and others like them following this same model train their workers to identify signs of sex trafficking and to report to the board or equivalent staff. Once they receive this information a trained individual interviews the person (usually a girl or woman) and begin the process of safely removing the victim from danger. They make impressive and significant efforts to not only locate the victims but to help them after the fact. They attempt to return them to their home countries or regions within India if necessary undertakes significant efforts to locate victims and return them, if need be, to their home countries or home regions of India.

Victims often face barriers at the hands of the legal system that serve to exacerbate their vulnerabilities. Specifically, trafficking victims frequently face intimidation and threats if they testify against their trafficker. Interviews conducted with the DMSC as well as law enforcement officials indicate traffickers and associates of traffickers still have the ability to intimidate or

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even harm victims after their “rescue”. Judges are not required to provide protection to the victims, and even those who, with discretion, choose to provide police protection, often only give it to the victims and not to their family or friends who may be at risk of retaliation. There are currently no legislative for the protection of these victims, who are already mentally and physically vulnerable before entering the system. The system lacks provisions or measures mandating the confidentiality of legal proceedings involving human trafficking. This is inconsistent with the obligations in the UN Trafficking Protocol, which require the protection of the privacy and identity of victims of trafficking.

Interviewed sex workers reported cases of police harassment and abuse to the victims.

Once in custody victims may face sexual and physical violence at the hands of the officers and officials. Jana noted the importance of DMSC's involvement in anti-sex trafficking measures in light of poor and, in some instances, abusive conduct by police and governmental officers:

“Unofficially, DMSC doesn't usually try to involve the police when returning a victim to

their home country. This is because the police have handled victims poorly in the past.

Trafficking victims [originally from Bangladesh] have had a very bad experience

sometimes, languishing in jail while the Bangladesh government says, 'not my citizen.'

Her life becomes miserable in the police station or remand home. One of the biggest

problems is when the police make raids on sex worker homes. During the raids, they beat

them or treat them in all sorts of noxious ways. Then they take money to release some of

them – this is a common practice.” CITE

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The DMSC and Prajwala are not alone in their efforts and they have inspired and set a format for other NGOs to follow. Some are not as large or comprehensive and may only be focused on certain parts of this process. The fact still remains that they are vital to understanding the culture of India as well as the barriers facing victims of these crimes.

Partnership/Capacity building

Partnership/Capacity building is defined as “those activities that improve the functionality and absorptive capacity of organization, institutions and /or groups. For instance, a sensitization-training program for police would be considered capacity building. Similarly, research is also considered capacity building” (Hameed, Hlatshwayo, Tanner, Türker, and Yang,

23).

Section 8 of the ITPA (solicitation) and Section 294 of the IPC (obscenity in public places) have frequently been used prosecute and convict sex trafficking victims. Foreign victims have also often found themselves detained under the Foreigners’ Act for their undocumented status or for document fraud. The MHA issued a non-binding directive in May 2012 urging state governments to avoid prosecuting foreign female sex trafficking victims for undocumented migration under the Foreigners Act; yet these issues persist, and NGOs reported that police were not even aware that this directive existed. An NGO reported cases in which trafficking victims, detained in police stations, were pressured by police to return the money provided by the trafficker the get the victim initially. At times, victims who are minors have faced charges from sections of the IPC and detained in juvenile detention centers. Some foreign nationals, especially

Bangladeshis, who were victims of sex trafficking in India were detained in government

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aftercare homes awaiting reparation, but left there for years because of poor bilateral coordination. Following the 13th annual dialogue between the Indian and Bangladeshi home secretaries in October 2012, the Indian and Bangladeshi governments issued a joint statement agreeing to increased cooperation on a number of issues, including human trafficking yet no results or actions have been taken since that meeting.

There is a notable impact in several Indian cities and states with a strong NGO presence.

The government did not encourage trafficking victims to participate in investigations or prosecutions against their alleged traffickers. In most cases, NGOs assisted rescued victims in providing evidence to prosecute suspected traffickers. Foreign victims are not offered legal alternatives to their removal to countries where they may face hardship or retribution and NGOs are able to bridge the gap of services needed with those the government provides.

Recommendations and Conclusion:

India is one of the largest affected countries of sex trafficking. The political, cultural, and economic conditions foster an environment where women are extremely vulnerable and at risk for trafficking It is important to ask how India might respond to this issue, given that 92 percent of its working population is in the informal economy, many of whom are migrants working under precarious conditions (UNODC, 2006). The rampant poverty incentives opportunities that are enabled by corruption and lack of awareness only aids in the lack of judicial support in stopping and trafficking. Human trafficking is a very profitable enterprise. Traffickers are able to take these enormous profits made off the backs of many of India’s women and children to pay

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bribes to silence or even aid their criminal enterprise. Hinduism's influence on Indian culture and policy plays probably the largest role in the victimization of women and the problems that extend to corruption and difficulty in anti-trafficking efforts. Not only is the enforcement of the law an issue in India but the current culture devalues women, limits access to resources to much of the population and often punishes the victims of these crimes rather than helping them. India needs to address its view of women, awareness of trafficking and access to resources before the policies and measures it has in place can begin to have the impact they need to on trafficking.

Until the current anti trafficking measures are enforced and there is a system that can uphold the policies and help the victims there will continue to be only marginal returns.

Prevention of human trafficking requires strong anti-trafficking training with inter- agency initiatives and accountability. National and state regulations and efforts fall short on the local level where corruption and miss-identification of victims cause the implementation of these policies to fall short. There needs to be an impartial agency that intermittently checks local law enforcement efforts and the area to counteract corruption and help identify weakness in local enforcements training and efforts. Increased continuity in trainings should target three different types of people. There should be a basic qualification training, in-service personnel training, as well as specialized training for anti-trafficking or border control officials. Fortifying the employment and recruitment system should help minimize opportunities for traffickers. This can be done with registries and licenses for business with at least two different types of monitoring and verification. These measures coupled with a stronger response to police corruption and illegal activities performed by border control officials should reduce the ease at which traffickers

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recruit and move victims. This is where the government and NGO sectors can help keep each other accountable.

While cultural sanctions and practices such as the Devadasi system are being phased out, widespread gender discrimination remains strong and evident in Indian culture and society.

These views support victim blaming and stigmatic views of sex trafficking, as well as false assumptions that all sex workers are willingly selling their own bodies and sexuality for money.

There needs to be a correction of this view and an understanding that the commercial sex industry it predominantly used by men. Therefore, India must accept that there needs to be a decrease not only in the trafficking of woman but also in the “need based” market. Governmental supported campaigns, and legislative changes must continue and grow to change this view of woman but also to cast a light on the use of these services by men. The training and awareness raising of officials, hospital staff and other workers in the process can only go so far. There needs to be community education and awareness building of what trafficking is specifically and what jobs and wages fall under this umbrella. The risks and things to look for when selling your daughters to men, accepting work abroad, and other common ploys that many families, especially in the north east fall prey to often. It is easier to help a victim of trafficking when they are aware that they are a victim and that they have rights. As it stands many women are not even aware that what is happening to them is a crime and that they have the right to ask for help.

Although government schemes are a move in the right direction there is inconsistency and issues in upholding or implementing them. Responsibility for providing compensation to trafficking victims is fragmented between the central government and individual states. This is 54

largely the result of Section 357, Code of Criminal Procedure, which states that the Central

Government should be responsible for compensating victims of any crime (not limited to trafficking) who have suffered loss or injury. However, it fails to note the form or degree of such compensation. The mistaken conflation of legal sex work and human trafficking has historically led to ineffective and misguided anti-trafficking efforts. Therefore, the anti-trafficking laws in

India as well as their policies and enforcement efforts needs to begin to be understood and enforced with greater distinction.

There must be a ratification of UNTOC protocols to create a standard and comprehensive framework legally. There needs to be a uniform understanding of what trafficking is and all trafficking must be penalized and treated equally. There is currently a disparity in the sensitivity to the violations of women and children. This can be done with a large implementation of a single comprehensive law or an across the board adjustment to current policies to reflect this shift. The eradication of practices where women are separated from their children or forced into homes as well as uniform definition of the age of a child. All woman should be given a say in their legal proceedings and officials need to be trained on how to deal with victims and treat them with the same protocols used in cases with risk of conspiracy and these women treated as victims of these traffickers and not criminals. Civil remedies like torts claims and compensation must be created and enforced against traffickers or employers and restitutions through verdicts as well as committed finances and resources from the state and aid through NGOs applied unilaterally to all victims in every state. India needs to cooperate with its neighbors, especially with Nepal and Bangladesh, to tackle cross-border trafficking. Although some measures exist,

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these need to be formalized in law and policy and operationalized through training programmers for different stakeholders. Cross border trafficking in the region cannot be tackled without India's commitment matched by law, policy and action. When prosecution is limited prevention is less efficient. Perpetrators view trafficking as less risky work and are more willing to engage in it in those areas with corrupt systems or little prosecution and even if some escape, are rescued or are prosecuted they will simply find more individuals to continue the cycle.

The government and the NGOs in India can aid in the prevention, prosecution and protection of victims by implementing the policies and practices listed above. It will continue to be an uphill battle with marginal returns until there is greater equality and opportunity for women. Poverty affects many countries and men and women within their borders. There is a higher rate of sex trafficking over labor trafficking as cultural norms about the treatment of women normalize the tactics of traffickers and the lives these women are sold into. The efforts of women's empowerment groups, micro loans and other organizations that are focused on helping women as a whole will begin to create change for India and stimulate their economy allowing women to have opportunities reducing the risk and fear that if not married (or unable to pay a dowry) these women will suffer more greatly than being sold into slavery. It will also help ease the transition for these women when rescued who have to often provide for themselves in a country that heavily stigmatizes their “loss of virtue” and leaves victims with fewer options than when they began. The socially restrictive nature for men to meet their needs outside of the sex trade must also be addressed. The current approaches focus on preventing victims as opposed to addressing the market for these enterprises.

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