Sextraffickingin India

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 2 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. 3 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). 5 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 6 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

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