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In present scenario there are 3 most heinous crimes in world.
- Drug trafficking
- Arms trafficking and,
- Child trafficking.
One of the world’s most serious violations of human rights is the trafficking of persons and is active and existing in many forms across the world in modern society of the 21st century. children who are trafficked are suffering the crushing impact of this very grave crime , such as unfree , bonded , exploited , and violated.Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or of receiving of payments or benefits to achieve the consent of a person having control over another persons, for the purpose of exploitation.
It is a form of modern day slavery that trades and exploits children, women and men each year, violating their basic rights to life, liberty and security. From a economic lens human trafficking can be considered as an economic activity and a consequence out of a commoditized process that profits from human mobility. From a legal lens, it is an international criminal activity that violates human rights and legal provision of the states.
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It is clear that human trafficking poses a problem at both the local and global level. There is a urgent need of local national regional and cooperation to combat this exploitation, local government play an important role in human trafficking preventions, victim protection and prosecutions of traffickers.
This papers aims to provide overview issue of child trafficking objectives on concern parameters, current domestic law and conclusion through suggest.
The highest trend of exploitation of children in India from year 2014-2016.
At least 67000 children in India went missing of whom 45% where minor trafficked into prostitution. as per the crime in India report published by the National Crime Records Bureau (NCRB) in 2016 , some of the trends related to trafficking in India presented in this factsheet
- The total number of victims of trafficking in the year 2014 was 8,099, which increased by 13% in the year 2015, Resulting in 9,127 cases. In the year 2016, the number increased by a sharp 69% to reach 15,379.
- About three fifths (59%) of persons trafficked in 2016 where children (below 18 years of age).
- The number of trafficking cases of children also marked an increase of 131% rising from 3,905 cases in 2015 to 9,034 in 2016.
A report by the ministry of women and child development revealed that there were 12 lakh children impacted by commercial sexual exploitation in 2007 to 2008.A girl is abducted every eight minutes in India. A U.S report on human trafficking estates that the India is one of the world main hubs for child sex trafficking. In 2010 almost one in every three missing children was untraced but in 2013 one in two missing kids was lost forever.
The most common form of exploitations is forced labour with 45% of the total number of victims rescued from conditions of human trafficking. it is also observed that those in forced labour often suffer physical and sexual violence as a form of intimidation.
A large proportion of victims (22%) of trafficking are targeted for the purpose of sexual exploitations through prostitution.
If child was abducted or child was sexual harassed by someone then what law concern then how court listen child, then how court decide child were not in deemed position then how court should punish the offender for his/her offence There is COUNCIL OF EUROPE GUIDELINES on child friendly justice:
- There is right of child to participate in justice system means to need to be able to express its views.
- Child needs to be listen not only this the court should determine there should be the best interest of child in proceeding to respect all rights of the child not only legal right.
- Respect the dignity of child.
- Child needs to be protected from discrimination.
During the proceeding child know the name of the judge, judge should not wear the formal dress. The environment will be friendly. The most important thing is that Children not give there witness in front of the offender so video recording can be determined as a witness and child understand what judge decided and the most important thing Is that Child friendly language is used it mean that language which child understand easily that language should be taken in court during proceeding to make friendly environment with children.
From European Council Guideline India also take or make guideline to protect children and give friendly environment and best interest of the children. It also be considered that guideline Before proceeding, During proceeding, After proceedings .
Concern domestic law in children exploitation issue in India
Through the Immoral Trafficking Prevention Act (ITPA), The Indian government penalizes trafficking for commercial sexual explotation, with prescribed penalty of 7 years’ to life imprisonment.
India also prohibits bonded and forced labour through:
- Bonded labour Abolition Act
- Child labour act
- Juvenile justice act
Section 366(A) and 372 of the Indian penal court, prohibits kidnapping and selling minors into prostitution respectively. Penalty under this provision are a maximum of ten years imprisonment and a fine.
Trafficking in human beings or a person is prohibited under the constitution of India under ARTICLE 23(1) of Indian constitution.
Protection of children under protection of children from sexual offences (POCSO) ACT. 2012 which was come into effect from 14th November 2012 is a special law to protect the children from sexual abuse and abolition.
Under Immoral Trafficking Prevention Act (ITPA) and different Sections of Indian Penal Code (IPC) in 2016, there were 15,379 victims whose cases were registered. In which,
- 633 persons were victims of bonded labour ,
- 384 children were victims of child labour ,
- 48 children were victims of child pornography
- Another 1, 11,569 children were reported missing and untraced as on 2016. This is a high probability that all these victims might have been untrafficked andor exploitated.
Since covering the above mentioned laws and act why the problem of child trafficking is increasing rapidly in India:
Lack of FIR : the police officer across India refuse to registered first information report (FIR) because there are not interested and they assume that once the child is lost heshe can’t be revealed now , and report for missing children may affect their station performance .
Lack of proper government policies: there is a absence of a mechanism to monitor these illegal activities besides apathy from the people who employ this helpless lot as domestic workers cannot escape scrutiny.
Delay in the decision of court: Out of a total 20,015 cases (17,612 cases from the previous year and 2,403 cases in 2016) that where the courts in 2016, Trial were completed in merely 3 percent of cases (587 cases). Of the total cases in which trials were completed, convictions have been made in only 163 cases (28%).The rate of conviction out of the total cases under trial in 2016 is a mere 0.8%(163 out of 20,015 cases ) .
Pendency cases in courts: In 2016 97% trafficking cases were pending in courts.
Conclusion and Suggestion
Human Trafficking is a big problem that effect most countries worldwide. Many say Human Trafficking is the modern day slave trade, yet so little is done in an effort to stop this problem. 70% of human trafficking victims consist of young girls that are taken from their countries and imported to other countries where they can be sold into prostitution. We can work together to stop this by following measures:
- Aadhar card mandatory for children: Through aadhar card we trace the lost child through there biometric by locating his last location from the place where he is lost. When the other place police station find the lost child it would be easy for them to locate the habitat location
- Making social media Active: Making social media more active in spreading the concern child trafficking problems and the regarding measures which should be taken.
- Central authority should be established in each states: Central authority establish in each state who directly lookout this matter when there is problem in registration of FIR in police station. Central authority contact other authorities of state directly when there is missing of child
- Registration of FIR immediately: Police station should register the case immediately and should not wait for 24 hours.
