Human trafficking: An Indian and International perspective

God loves man so much so that he felt pleased to create him in his own configuration. He, therefore, hoped man to do only those divine things, he loves most. Unfortunately, human being belies not only such an expectation of the Almighty but also reduced his fellow human being to a state even lower to chattel. This is no poetic outburst from a poet of great repute but a huge lament, made in agony, by an authority as eminent as Dr. A. S. Annand, former Chief Justice of Supreme Court of India. Sad but truth it is, for, over a period, study conducted by a group of renown scholars shows that illegal trafficking in human being is the third largest organized crime, next only to illegal arm industry and drug trafficking. Amount, involved in such a crime industry, globally is a mind-boggling 9.5 billion dollars annually with Indias share, therein, being close to 8 million dollars every year. Recent studies, however, increasingly suspect that actual figures, involved in trafficking industry, is much higher than what was originally believed. Illegal trafficking in human being has a long ugly and unholy history. In-fact, this crime industry is as old as human civilization itself. Not the mythology alone but also the recorded history of mankind has been replete with tales of lesser mortals always being subjected to trafficking by more fortunate ones. Harems, maintained by Kings and Generals in olden days is nothing but the extension of prostitution. Nearer home, kuoritols, which were maintained by Kings of medieval Assam and the Kings in the adjoining areas, had again been a kind of harem, run by the mighty ones to satisfy their lust.

However, it would totally be wrong to equate the prostitution of olden days with illegal trafficking, being practiced in the modern world. During the last few centuries, 20th century in particular, world has witnessed tremendous growth in the field of science. This makes the world smaller and very comfortable place to live in. Unfortunately, such a scientific advancement was not without banes as well. Most importantly, the greatest casualty, being brought about by advancement of science is metamorphosis of a vibrant and lively human being into a totally mechanized entity. Man to man relationships in good olden days, were based on mutual love, respect and universal fraternity. Sadly enough, it has fast been replaced by relations, which are based on purely materialistic considerations. In such a scenario, crime configuration in present day world, too, has undergone a sea change. Now, crime has become unbelievably brutal, inhuman and above all, profoundly immoral. So also is the trafficking in human being. In the above backdrop, let us see what is the understanding of the society vis--vis traffic in human being, as it has been practiced for last couples of decades. Human trafficking has been defined as the commercial trade of human beings, who are subjected to involuntary acts such as begging, prostitution or forced labour. Human trafficking as defined by the UN is, the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or service, slavery or practices similar to slavery, servitude or the removal of organs.

The United States (US) has placed India on the Tier-2 Watch List for human trafficking for the 5th consecutive year as India has failed to take effective measure in combating it. According to its report, India is a source, destination, and transit country for men, women, and children trafficked for the purposes of forced labour and commercial sexual exploitation.

The report also says that the numbers of persons affected could be anywhere between 20 to 65 million. According to some estimates, the estimated annual turnover of human trafficking in India is around 20 billion rupees. What is distressing is that out of the total number of persons affected by human trafficking, as many as 80 per cent are women and 50 per cent are children (all the persons below 18 years of age come in the category of children).

The causes are obvious. Despite 60 years of independence, the benefits of economic development have not trickled down to the marginalised sections of the society and millions of people still live below the poverty line. The poverty and hunger makes children and women belonging to the poor sections of the society highly vulnerable to human trafficking.

In case of India, social and religious practices too have been a big cause of trafficking in India. Article 23 under Part 3 (Fundamental Rights) of the Indian constitution prohibits trafficking of human beings in the territory of India. There are also more than 20 provisions in the Indian Penal Code, 1860 which deal with various aspects of human trafficking. But despite all this, there is an inexplicable apathy in the approach of law enforcement agencies when it comes to dealing with human trafficking.

The government of India has undertaken several measures in the past to combat this menace. The Ministry of Women and Child Development was made the

nodal agency by the government to deal with human trafficking in India. A nodal cell against human trafficking has been constituted in the Ministry of Home Affairs.

The National Human Rights Commission has formulated an integrated plan of action to prevent and combat human trafficking with special focus on women and children. However there is still a lack of clarity in government policies with regard to human trafficking. The existing laws have not been properly defined and there are several loopholes in them due to which the perpetuators of human trafficking escape from being punished.

To combat human trafficking, several short-term and long-term measures are needed to be taken up at all levels. There is an urgent need to create awareness among the public about human trafficking. Media can play a very effective role here. Poverty alleviation measures too will help in combating it in the long run. Since India is also a transit point for human trafficking, the government should take speedy measures to secure India's borders by completing its fencing and ensuring strict vigil.

There is a need to develop an institutionalised system of co-ordination between the law enforcement agencies and non governmental organisations (NGOs) who sometimes prove to be more effective than government agencies in exposing human trafficking networks. There is a need to have greater co-ordination between different states in India as trafficking has a long trail from the source point to the destination with several transit points in between. Investigation in the cases involving human trafficking should be carried out with the aim to destroy this long trail. Increased co-ordination between government departments like police, public welfare, health, women and child is required to ensure an effective response. Government and NGOs should work together to

ensure post-rescue rehabilitation of the victims in terms of providing them healthcare, education and other employment opportunities. Till 19th century even for a greater part of 20th century, prostitution and illegal trafficking in human being was considered to be the two sides of a same coin. The nomenclature, given to various State Legislations, such as, Prostitution Prohibition Act etc. bears the testimony to the above mindset of Civil Society. However, from the middle of 20th century, Civil Society started realizing that traditional concept of trafficking in human being or for that matter, definition to cover such a crime was wholly unequal to the task of containing a crime as diabolic as trafficking in human being, let alone eradicating such a malaise from the society forever. With the passage of time, trafficking in human being encompasses human being of all ages and sexes. Added to that, every passing day witness trafficking, being conducted in more and more areas hitherto free from such a malaise. Thus, a series of Acts, such as, The Children Marriage Restraint Act, 1929, The Children (Pledging of Labour) Act, 1933, The Immoral Traffic (Prevention) Act, 1956, Indecent Representation of Women (Prohibition) Act,1986 etc. have been enacted to fight, the menace of trade in human flesh, out from the society. Even in recent period, too, trafficking in human being slips into more and more new areas, such as, cyber sex, pedophilia, pornography etc., thereby requiring more and more laws to come into place. With the enactment of the Illegal Trafficking (Prevention) Act, 1956, the first genuine and sincere attempt was made not only to define such a crime but to contain it as well. For the first time, society tries to address this aberration in human being in a as comprehensive way as possible. The definition, so given in the Act, covers areas more than one, such as, recruitment, transportation, transfer, harboring or receipt of persons for the purpose of commercial

exploitation. However, such an effort, too, fails to attain the goal, desired. The results, achieved by other legislations as well were far from satisfactory.

Vulnerability factors
Vulnerability factors relate to the socio-economic and political contexts of people, are interlinked and maybe divided into two categories- personal circumstances and structural forces that influence the context. They are generally listed in the context of commercial sexual exploitation. Personal circumstances People with personal characteristics of low self-esteem and lack of self-control are reported to be vulnerable (UNDP 2002). Low levels of literacy, awareness and information are also risk factors. Economic depravation due to various reasons and its associative conditions are among the most important factors that lead to vulnerability. Almost all the studies and reports under review found that a high percentage of trafficked people belong to lower income groups. Greater the degree of impoverishment, higher is the risk of falling prey to trafficking (Mukherjee and Das, 1996; Warburton 1996; DWCD 1998; UNDP 2002). People with disabilities or women who may suffer from disfigurements are also vulnerable (Gathia 2003: 5) A dysfunctional home environment - break-up of the family, marital discord, physical abuse, sexual abuse, drug use, family pressures, large families, families facing uncertain times, children in substitute care, gender discrimination within the family, desertion by husbands, husbands acquiring a second or a third wife - makes people vulnerable to trafficking. Studies by CSWB and others have shown that most trafficked women were unmarried, divorced, separated or widowed (Karmakar 2001). The involvement

of another family member in commercial sex work also creates vulnerability (Warburton and Maria, 1996).

Structural factors Environments lacking livelihood options or economic opportunities, with the accompanying pressures to work and earn, make peoples lives on ongoing battle for survival (Sanghera 1999). The structural factors influencing and determining these circumstances are listed as industrialisation and globalisations; economic crises, decline, disruption or underdevelopment; economic policies like privatisation, liberalisation, promotion of sex tourism, withdrawal of subsidies and commercialisation of agriculture; the consequent erosion of subsistence agricultural practices, loss of traditional livelihoods and inflation. Labour demand and policies also influence vulnerability. In a global market, women and girls are increasingly being hired as service providers, which puts them at risk (ibid.). Some of the political factors listed are conflicts, disruption and instability; immigration policies, human rights violations, and the gaps between government rhetoric and practice. Poor governance, limited law enforcement or implementation of labour standards also create vulnerabilities (ADB 2002: 9). Environmental calamities and disruptions may also put people at risk. The quickening pace of urbanisation and heightened mobility resulting from the development of road links are contributing factors. A culture of consumerism, materialism, commodification of individuals and commercialisation of sex distorts family needs and individual desires (NCW 1997; Raymond 2002). A mindset which judges childrens worth by the amount of money they can earn, and how soon they are able to do so, has developed (ISS 2003b), justifying their exploitation by kin members.

Discriminatory practices and social exclusion exacerbate the vulnerabilities of groups like Scheduled Tribes, Scheduled Castes, Other Backward Castes, ethnic minorities, tribal communities, undocumented migrant workers, stateless people or people in refugee camps. trafficking occurs in a wider context of increasing instances of human rights violation against women. These include the violation of their reproductive rights and the rights of female infants and foetuses to live; domestic violence against women, custodial violence against women, violence against women in markets and other public places; the violation of womens rights to decision-making and to land assets and other resources (Warburton and Maria, 1996; Sanghera 1999; Karmakar 2001; ADB 2002; Raymond et al). In cases where their families or guardians push women or girls into trafficked circumstances, many do not consider this as harmful, as they are considered chattels of their father or guardian and further protection from their community would be inappropriate (ADB 2002: 15). Instances of male relatives making periodic visits to collect a girls earnings have been reported (Nirmala Niketan, College of Social Work, 2003). Thus, there is a non-recognition and non-acceptance of such practices as being exploitative. Early marriage, lack of choice regarding marriage partner and their socialisation into women who remain servile and bear injustice silently are other factors that render them more vulnerable (ADB 2002: 42). Sanghera (1999) elaborates how the feminisation of poverty and migration increases vulnerability to traffickers. Driven by the pressing need for gainful employment, with scarcity of jobs in their home bases, women and children are easy prey for the designs of unscrupulous agents, offering choices and assistance with travel, particularly across borders, for jobs. Spatial location of vulnerable groups

Vulnerable groups and their spatial or geographical locations have been analysed in relation to women. Though the list is not exhaustive, places where poor women in India (rural and urban) are located have been identified (DWCD 1996; Sanghera 1999; Murthy and Sankaran 2001). Contrary to the general perception, a study from Orissa found that developed areas with improved infrastructure have invariably been the source as well as the destination of trafficking in women, though in these areas 80 per cent of the population or victims still belonged to landless households and families dependent on wage labour for survival (Pandey, 2002). This suggests that a further examination of the spaces where there is an intersection of the affluent and the not-so-affluent maybe needed to fully understand and explain vulnerability. Street children and those living in slums; the orphaned and the disabled; children living in brothels or in communities practicing religious and cultural prostitution; children who have been stigmatised by abuse or molestation; children born to victims of aids; children in custodial and educational institutions away from families; and children of bonded labourers and those working as domestic help have been identified as those at risk (DWCD 1996). Perpetuating factors Alison Phinney puts forward the notion of a trafficking triangle, which refers to the space created by the demand, supply and impunity with which trafficking occurs. According to her, sex trafficking is driven by a demand for womens and childrens bodies in the sex industry, fuelled by a supply of women denied equal rights and opportunities for education and economic advancement and perpetuated by traffickers who are able to exploit human misfortune with near impunity (Phinney 2001). Insufficient or inadequate laws, poor enforcement, ineffective penalties, minimal chances of prosecution, the relatively low risks involved, corruption

and complacency, invisibility of the issue, the failure of governments to implement policies and provide adequate services for victims all play a role in perpetuating trafficking (Warburton 1996; DWCD 1996; Refugee Reports 2000; Phinney 2001; UNDP 2002; Nirmala Niketan, College of Social Work, 2003). A view that is often not highlighted is that people who protest trafficking are in a minority. involved in trafficking in one way or another. The families are profiting so no one will talk (HRW 1995). In the context of sexual exploitation of children, a consultation workshop found that the absence of reliable data leads some to emphasise the speculative nature of the problem. This creates a lack of seriousness about the issue, which provides an opportunity for the crime to flourish (DWCD 1996). Process/organisation of trafficking Central to the organisation of trafficking are the people who become highly profitably, low risk, expendable, reusable and resellable commodities (Richard 1999). This trade in human beings as chattels and treatment of their bodies as commodities becomes possible because of the incremental link between body and money, the end objective of this process always being instrumentalisation for gains. According to Truong (2001) this is a reflection of the ongoing, cultural decomposition of the human being through gradual removal of its spirit, personhood, vitality down to bare body parts. Notwithstanding the problems of conceptual clarity in the definitions of trafficking, there is broad agreement on the stages involved throughout the literature surveyed. They are listed as recruitment of people from a village or city; transportation to a designated location/transit point; possible shift to a central location; before the move to their ultimate destination. Sometimes the trafficked persons are shifted several times before they arrive at their final

destination, where the sale takes place. The different elements involved in this process seem to create an impossible number of permutations and combinations. Thus, most of the research on trafficking resorts to case studies in an attempt to reflect its variations. However, at the regional level, some patterns in these processes can be discerned (ILO 2002a: 1415). Recruitment Place: People are reportedly recruited at places like cinema halls, bus stops, railway stations, airports, streets and their homes. Other places mentioned are cafes, restaurants, beauty contests and beauty parlours. State and national highways, quarry and construction work sites, and areas where locals are displaced without proper rehabilitation may also be sites for potential victims. Time: Some studies report that traffickers choose special times for recruitment. They take advantage of difficult periods, either before the harvesting season or during a drought, when many locals look elsewhere for income to survive (HRW 1995). Traffickers also keep themselves informed about severely impoverished areas or those which have suffered climatic, economic or political disasters (Johnston and Khan 1998: 53; ISS 2003a). They also reportedly recruit people during festivals (ISS 2003a, and 2003c). Methods: The range of the tactics or strategies reportedly used vary from the extremely violent(drugging, kidnapping and abduction) to persuasion, material inducements, befriending and deception. People are lured with fake job offers or false marriages. In the South Asian region, offers of marriage without dowries are welcomed; thus, it is easy to arrange fake marriages. Most studies on prostitution offer some information on the recruitment techniques that are used. (Rozario 1988; ATSEC 2001; SOS 2001; Joshi 2002; ADB 2002: 15). In the CSWB study, 11.90 per cent of the

respondents listed deception by someone as a cause for entry into prostitution. The percentages were 23.15 and 27.2 (Mukherjee and Das, 1996: 42). According to another study, 11 per cent of the women were lured, 11 per cent were abducted, and 9.2 per cent were sold and resold (Rozario 1988: 76). Traffickers approach women and girls in groups as it helps them to win their trust (Sangroula 2001). In India, recent news stories have shown a trend of traffickers using marriage bureaus and placement and tutorial agencies as a front for luring people. Recruiters/Procurers: Recruiters can be neighbours, friends of families, relatives of friends, acquaintances returned from abroad; women who have migrated or who have been trafficked, women friends returned from abroad; husbands, fathers, boyfriends or lovers. Some recruiters were gay men who were trusted by women because of their sex orientation (Raymond 2002). They can be drug peddlers, head masons at construction sites, even band leaders in dancing/live bars (ISS 2003a), motorcycle pilots as in Goa (CRG 2003) or labour contractors (ISS 2003c). They either use friends and acquaintances to recruit or rely on word of mouth. Terms like dalal or dalali are used, to refer to traffickers (Nirmala Niketan, College of Social Work, 2003; Gupta 2003). Characteristics of traffickers: Traffickers are usually young men and middleaged women who are significantly older than the young women/children they recruit. They are natives and agents who travel back and forth from home countries/regions to receiving regions and generally have links with the villages to which the victims belong. Procurers are reportedly substance abusers or gamblers. Many of the traffickers are older women, who are either former prostitutes or are themselves in forced prostitution, trying to escape abuse and bondage by providing a substitute.

Often, these agents speak several languages (Giri 1999: 77, Tumlin 2000). They may have multiple roles. For instance, those who fuel migration, with its outcome in trafficking, may often also be the people who facilitate other, less exploitative, forms of migration, as in the case of refugees (Tumlin 2000). The use of words like mafia or the depiction of traffickers as villain outsiders do not correspond to the actual garb taken by most traffickers (Blanchet 2002). Players: Trafficking is said to involve a range of players along the road from acquisition to exploitation (ILO 2002a: 13). They are generally found in the context of organised trafficking. Networks may involve the police, visa/passport officials, railway/bus authorities and employees, taxi/autorickshaw drivers or rickshaw pullers (DWCD 1996). The various roles have been classified as financiers or investors; procurers or recruiters; organisers; document forgers; corrupt public officials or protectors; brothel operators and the owners and managers of sex establishments; escorts, guides or travel companions and crew members (Richard 1999; Scholenhardt 1999; Raymond 2002). There is also the category of an initial spotter, which is called choghat/arkathi in Bengali (ISS 2003a). Some additional categories are given by Scholenhardt (1999: 1820) in the context of smuggling and trafficking, especially cross-border operations. These are informers, enforcers, supporting personnel and specialists, debt-collectors, money-movers and transporters who gather information on matters such as border surveillance, immigration and transit procedures, asylum systems, and law enforcement activities. There are also agents, who pay the recruiter, arrange for travel documents, hold the women until they are ready to leave; and brokers who meet the women on arrival and pay the agent for delivering them. DWCD (1996) has identified two types of traffickers: primary and secondary. The latter are said to operate behind the scenes with connections in government

circles, which are used to provide themselves with protection. Pimps and procurers are the primary traffickers. Types of operations: People can be trafficked via organised international networks, through local trafficking rings or by occasional traffickers. Thus, traffickers may operate alone, in small gangs or as part of organised crime groups (Richard 1999; Kelly 2001; Icduygu and Toktas 2002). The last two are reportedly the dominant modes of trafficking in South Asia (Government of Sweden 2001; Sanghera 2002; Nirmala Niketan, College of Social Work, 2003). However, a Joint Womens Programme (JWP) study indicates the presence of systematic organised trafficking of girls for profit, for the greatest number of girls brought, transported and sold within and outside India (Shalini and Lalitha 1996: 38). When part of an organised network, traffickers have less freedom and make smaller profits compared to a scenario where they operate on a more independent basis. Trafficking and organised crime: An organised crime group is defined by the United Nations Convention on Organised Crime as a structured group of three or more, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this convention in order to obtain directly or indirectly a financial or other material benefit (United Nations 2000: 4). Richard (1999) draws a vivid picture of the involvement of organised crime groups in trafficking in the international context. She notes that in most cases, the operations are sophisticated and global in scale (facilitated by modern technology) with a few exceptions, where trafficking is localised cottage industry. The information that is available on the involvement of organised crime groups, in the literature on trafficking in India, amounts to unsubstantiated references. The involvement is indicated by case studies

covered by news reports (Ghosh 1993: 132; Nair 2002: 114). Traffickers operate within zones which are marked and do not usually violate the zone norms. Consequently, when moving from one zone to another, entirely different sets of people take over the activities (ISS 2003a). They also frequently change their area of residence - to not only avoid the police but also to widen their field of operation (ibid.)

Destination sectors
The demand for trafficked persons comes from various sectors. Commercial sexual exploitation Trafficking for purposes of commercial sexual exploitation has been widely reported and studied. The relationship between these two processes is a matter of some major confusion and contention, resulting in diverse perspectives and opinions. The different forms that commercial sexual exploitation takes are prostitution, pornography, cybersex and sex tourism. Prostitution: Prostitution is mainly an economic phenomenon that is grounded in deeply patriarchal values. It involves moral, religious, health and human rights issues. The sector is characterised by economic exploitation, corruption, links with crime and is one which governments find difficult to deal with (Lim 1998). The large-scale accumulation of capital takes place through a progressive appropriation and decimation of womens and childrens bodies, sexuality and entire beings (Raymond et. al. 2002). The majority of the victims are women and young children, mainly girls. In India, the most quoted figures to depict the magnitude of prostitution are from the CSWB survey of six metropolitan cities conducted in 1990. According to the study, the total population of prostitutes in all the cities put together is

between 70,000 and 100,000 (Mukherjee and Das, 1996). Another report estimates the number of prostitutes to be 900,000 (Gathia 1999). According to the 1992 estimates of the Indian Association for the Rescue of Fallen Women, there are 8 million brothel workers in India and another 7.5 million call girls. In 1996, the UN Special Rapporteur on Sale of Children, Child Prostitution and Child Pornography stated that all reports indicate a dramatic escalation of the number of sexually exploited children all over the world (Baker 1999). Children are preferred as they are more likely to go along with practices which older prostitutes may refuse. Then there are myths relating to them that feed this preference. For instance, it is believed that sexually transmitted diseases, including HIV infection, can be cured and virility can be increased by having sex with younger girls. Younger girls are also preferred because they can put in more years of work as prostitutes, with high economic gains to be generated from their exploitation (Nirmala Niketan, College of Social Work 2003). These assertions and beliefs are repeated in almost every report on prostitution. Different organisational structures and hierarchies, modes of operation, and types of prostitutes are described in the available literature (Mukherjee and Das, 1996; Mukherjee 1997; DWCD 1998; ADB 2002). Prostitution is carried out from rooms, apartments, small hotels, exclusive clubs, under the guise of call centres, friendship clubs, and beauty and massage parlours; along national highways. A new category that seems to be emerging is that of flying prostitutes. Based on rough estimates, a workshop report concluded that in Delhi the number of prostitutes operating outside the purview of regular brothel system would be several times more, since GB Road accommodates only about 3,000 prostitutes and police sources state that there are around 10,000 to 15,000 female prostitutes in Delhi (Gupta 2003). Thus, commercial sexual exploitation takes place at various locations, which keep shifting. The working conditions may depend on the type of establishment. Other players in

the sector are pimps who are considered to be the pillars of the sex industry, viewed as protectors and more welcome than police (DWCD 1996). Clients are profiled as men separated from their families, visitors in tourist and religious centres other abusers, businessmen, politicians, transport operators, drivers, cleaners, migrant labourers, students and tourists (Shalini and Lalitha 1996). The nexus between prostitution, politicians and government officials is frequently revealed by press reports. The degree of financial independence they enjoy varies among prostitutes (Karmakar 2001; Shalini and Lalitha 1996; Mukherjee and Das, 1996). Regarding overall profits, Kamathipura (in Mumbai) alone generates at least US $400 million per year, with 100,000 prostitutes servicing men 365 days per year, averaging 6 customers per day, at $2 per customer. Another study estimated that transactions in prostitution were worth Rs. 185,000,000 in a day and Rs. 37,000 crores per year (Gathia 1999: 20). Children as young as nine years of age are purchased for Rs. 60,000 at auctions where Arab bid against Indian men (SOS 2001). Quoting from various studies, classifies prostitutes according to the degree of control they have over the money they earn. Around 117 were totally dependent, 158 were practically dependent and 65 were independent. A study on GB road in Delhi found that 15.4 per cent of the prostitutes had no idea of their earnings, as controlling agents cornered all their earnings (Shalini and Lalitha 1996). The sharing of income forms an integral part of the sex business. This sharing of income makes the nexus between procurers, pimps, brothel keepers, local goondas and police so strong that they together promote prostitution (Mukherjee and Das, 1996: 67). Two main patterns of trafficking for commercial sexual exploitation have been documented. The traditional two-step pattern targets women already working in prostitution to be trafficked abroad, whereas the more aggressive one-step

pattern targets women and young girls directly in their villages to be trafficked for prostitution abroad. With the increased demand for younger women arising from the fear of HIV infection, the one-step pattern is beginning to dominate (United Nations 2000). Unique to India are the traditions of devadasis and jogin. Some communities induct their daughters into prostitution, and the boys start pimping for family members at the age of 15. These well-documented recruitment practices have an element of coercion (Gathia 1999; DWCD 1998; Giri 1999; IDS 2003; SAKHI 2003; ISS 2003c). Usually women and girls belonging to the most disadvantaged sections of society are found in prostitution. Nearly 50 per cent are from Scheduled Castes and Scheduled Tribes and 12 to 27 per cent from Other Backward Classes (DWCD 1998). Recent press reports indicate a trend of girls from affluent backgrounds being lured into the sex trade; married women too enter the trade for short periods (two months), with the consent of their husbands. The plight of children of prostitutes is reported to be dismal (Nirmala Niketan, College of Social Work 2003). Sex tourism: The growth of the tourism industry has contributed to the increase in the sexual exploitation of children, which often assumes intolerable forms. Sex tourism, or tourism for purposes of sex, has found its way into the mainstream tourism market (DWCD 1998; CRG 2003). Tourism creates conditions which facilitate an easy indulgence. The benefit of anonymity offered by the host country reduces the element of the external inhibitory factors to the minimum. South Asian countries are preferred because of the lax law enforcement. Sex tourism involves travel agencies, tour operators, hotels and others in the tourism industry; some companies even openly adverstise availability of child prostitutes (Nirmala Niketan, College of Social Work,

2003). Paedophiles are said to be the dominant clientele in sex tourism (Desai 2001: 38, 41; NCW 1997). A recent study found that children who had direct interaction with customers features high on the list of children who were sexually exploited by tourists. The commercial sexual exploitation of children differs based on the type of tourism that exists (Equations 2002: 46). Sex tourism is reportedly prevalent in the states of Rajasthan, Goa (a major destination) and Kerala in India, while Mumbai is believed to be the biggest centre for paedophiliac commerce in India (Nirmala Niketan, College of Social Work 2003). A study on tourismrelated commercial sexual exploitation of children on the eastern coast of India found that out of a sample of 150 children, 60 per cent had come to the tourist area on being promised a better job, accompanied by a neighbourhood uncle. It also found that 40 per cent of the children interviewed mentioned force as the means used for instance, moneylenders forcing parents to sell their children to repay debts (Equations 2002: 33). Another report states that hotels have contacts with adult sex workers, pimps and other middlemen - rickshaw pullers, van pullers, petty traders. These people make contact with street children and bring them to tourist lodges and hotels as per the demand placed by customers (Equations 2003: 28). Labour exploitation The problem of labour exploitation is widely prevalent in India. According to the Supreme Court definition, all those who are paid less than the stipulated minimum wages fall within the category of bonded labourers. At present there are 35 crore workers in the unorganised sector who are not paid the prescribed minimum wages. Besides there are 12 crore children of the age 6 to 14 who are not going to schools. Thus 47 crore people a little less than half of the

population of India are in the State of bondage (Iyer 2003: 436). Estimates of the number of child labourers in India vary from 60 million to 115 million. Trafficking for purposes of labour exploitation has not been sufficiently researched. Among the few studies conducted, an important one by ILO on trafficking in Nepal, and sexual abuse among street children in Kathmandu, found that all the 14 victims were trafficked either for purposes of domestic child labour, or to work as hotel boys or as labour in the carpet weaving industry (Subedi 2002: iii) Children trafficked for labour exploitation may also be subjected to sexual abuse and exploitation. Employers prefer to hire children because they cost less, are easier to cheat, exploit and intimidate, and are hardworking (Nirmala Niketan, College of Social Work, 2003; ISS 2003b). Besides being forced to work as domestic labour or being exploited by the small-scale sector, people are trafficked for agricultural, construction or industrial work (organised and unorganised). They may be trafficked for performing illegal activities - like drug peddling, organ trading, forced marriages, begging - or be sold off by adoption rackets. Trafficking for entertainment and sports, like camel racing, for exotic dancing or the circus is also reported.

Impact of trafficking
The impact of the experience of trafficking on the physical and mental health of the victims has not been properly documented and analysed (Government of Sweden 2001). Reports about the consequences vary, depending on whether the end purpose is included in the adopted definition of trafficking. Thus, some studies may include instances of human rights violation that occur at the destinations; others may not. Trafficking has health, social, legal and economic effects on the victims (Wennerholm 2002). Individual

Trafficked persons are reportedly traumatised by their experiences. Depression and suicidal thoughts are commonly reported. The mental and emotional state of the survivors may include malevolence, helplessness and withdrawal; disassociation; self-blame and identification with the aggressor; distraction; a foreshortened view of time; normalisation and shaping, whereby the victims convince themselves that their experiences had to happen instead of viewing them as traumatic (Saarthak 2002: 36). Some of the psychiatric disorders among survivors of trafficking are listed as posttraumatic stress disorder, depressive disorder, dissociative disorders, psychotic disorders and eating disorders (ibid.: 7). Girls are made to bear the responsibility of upholding the family honour through their sexual purity/chastity (ISS 2003c). If they are trafficked into CSE (commercial sexual exploitation), they face additional stress because of the prevalent morality. Besides being stigmatised as outcasts and facing moral and legal isolation (Giri 1999: 68), trafficked people are vulnerable to HIV/AIDS infection; drug addiction; and high-risk abortions and teenage pregnancies, which may affect their reproductive health for life. A study by an NGO in Dhaka found that more than 20 per cent of street children prostitutes die before reaching adulthood. Almost 22 per cent become physically invalid and are fit only for begging (SOS 2001: 22). Psychological trauma permeates all aspects of their lives. Since it usually remains unaddressed and unresolved, the abused turn into abusers (ibid.), with a high probability of them becoming criminals. The consequences of being in child labour and its adverse impact on the development of children are well documented. Society The crime of trafficking involves the violation of a whole gamut of laws and human rights. It becomes a threat to society because traffickers operate across

borders with impunity, with the growing involvement of organised criminals and by generally undermining the rule of law. Trafficking threatens the very fabric of society because it involves not only criminals but also law enforcers. It manifests and perpetuates patriarchal attitudes and behaviour, which undermine the efforts to promote gender equality and eradicate discrimination against women and children (ADB 2002: 45). This is illustrated by reports from Albania, which document villages where nine in 10 girls over 14 stay away from school because they are afraid of being trafficked. Thus, this fear alters the choices that girls make about their futures (ILO 2002a: 29). Similar instances have been reported in the survey by BNWLA. A study by Asian Development Bank notes that the economic losses to communities and governments are enormous if considered in terms of lost returns on human or social capital investments. The cost of countering criminal trafficking activities puts additional strain on the already limited government resources for law enforcement. A vast amount of potential income from trafficked labour is lost in hidden sectors (ADB 2002: 46). Specific communities may become known as potential sources for people if following each others example, communities start a trend of sending their children and women out. The loss of future productivity and earning power through low educational levels, ill health and potentially premature death is also felt at the country and regional level. Poor nations can ill afford to lose their young people, whose present and future productive capacity is essential to growth. The ravage of disease, including HIV/AIDS, is also an enormous burden on such countries and causes further imbalances between the young and middle-aged potential workforce (most likely to be affected) and older people dependent on them (ILO 2002a: 29).

The legal framework

The trafficking of women and children is a matter of global concern as it involves the violation of fundamental human rights. Although numerous separate abuses are committed during the course of trafficking, which themselves contravene both national and international law, it is the combination of displacement from the community and commercialised exploitation that makes trafficking a violation distinct from its component parts. There is a large body of existing international and national instruments in the form of declarations, conventions and resolutions prohibiting trafficking. The Constitutions of India (Article 23), Nepal (Article 20) and Bangladesh (Article 18 and 34) contain provisions prohibiting trafficking and forced labour. Undeniably, there is a legal responsibility on the states to institute measures to combat trafficking and ensure their implementation. The national laws of the South Asian countries have been inspired by developments at the international level. International instruments have tremendous bearing on the States Parties and their national laws. Upon ratification of a convention, a State Party must suitably amend or frame laws so as to implement the treaty. In the event of a void in the domestic law, the courts can look into the provisions of international law as long as they are consistent with the Constitution or the laws of the land. Article 51 of the Indian Constitution requires the state to foster respect for international law and treaty obligations. This chapter begins with a brief discussion of the international legal framework on anti-trafficking, followed by the existing laws in neighbouring countries and finally describes the legal regime in India. International framework of laws related to trafficking An overview of selected international conventions regulating trafficking in human beings is presented below.

International Agreement for Suppression of White Slave Traffic, 1904 The agreement was formulated with the intention of securing to women of full age who have suffered abuse or compulsion, as also under-age girls, effective protection against criminal traffic known as the White Slave Traffic. International Convention for Suppression of White Slave Traffic, 1910 This convention criminalised procurement, enticement or leading away of a woman or girl under the age of 21, even with her consent for immoral purposes irrespective of the fact that the various acts constituting the offence may have been committed in different countries. International Convention for the Suppression of the Traffic of the Women and Children, 1921 The treaty prohibits the enticing or leading away of a woman or girl for immoral purposes, to be carried out in another country. Slavery Convention, 1926 States Parties are enjoined to discourage all forms of forced labour. Slavery means control over another person, without full informed consent, for the purpose of exploitation.

International Labour Organisation Forced Labour Convention, 1930 Article 1 of this convention calls for suppression of the use of forced or compulsory labour in all its forms within the shortest possible period. International Convention for Suppression of Traffic in Women of full age

This convention imposes a duty on the signing countries to prohibit, prevent, prosecute and/ or punish those engaged in trafficking in women. Universal Declaration of Human Rights, 1948 Article 4 of the Declaration prohibits all forms of slavery and the slave trade. Article 13 recognises the right of persons to freedom of movement and residence and Article 15 recognises the right to nationality. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949 This convention is a compilation of four previous international conventions (Conventions of 904, 1910, 1921 and 1933). This convention made procurement, enticement, etc. for purposes of prostitution punishable irrespective of the age of the person involved and his/her consent to the same (Article 1). Brothel keeping was also denounced to be illegal and punishable (Article 2). The convention provided for repatriation (Article 19) and rehabilitation (Article 20) measures. However, the 1949 Convention is limited to trafficking for prostitution and related activities. Supplementary Convention on the Abolition of Slavery, Slave Trade and Institutions and Practices of Slavery, 1956 (Slavery Convention) This convention condemned a variety of slavery-like practices, including debt bondage and forced marriage. States Parties undertook to establish suitable minimum ages of marriage and registration of marriages. Abolition of Forced Labour Convention, ILO, 1957 Under this convention, States Parties undertook to suppress any form of forced or compulsory labour as a means of political coercion, economic development, labour discipline, or racial,social, national or religious discrimination.

International Covenant on Civil and Political Rights, 1966 Forced labour and slavery are prohibited by Article 8 of the ICCPR. Article 24 outlines the rights of children. International Convention on Economic, Social and Cultural Rights (ICESCR) 1966 Article 10 of this convention stipulates that States are responsible for protecting children from exploitation and must lay down the minimum age for their employment. Minimum Age Convention, 1973 The aim of this convention was to prohibit and regulate child labour and restrict engagement of children in hazardous work. Convention on the Elimination of all forms of Discrimination against Women, 1979 (CEDAW) Article 6 of CEDAW requires States Parties to take all appropriate measures, including legislation, to suppress all forms of traffic in women. United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 The convention provides against the expulsion or return of a person to another state if there are substantial grounds for deeming her to be in danger of torture. Victim compensation measures are also stipulated in the convention. Tourism Bill of Rights and the Tourist Code 1985 Adopted by the WTO, the Code enjoins that the State should preclude any possibility of the use of tourism to exploit others for purposes of prostitution. Convention on the Rights of the Child, 1989

Article 11 requires States Parties to take measures to combat the illicit transfer and nonreturn of children abroad. Under Article 34 and 35, States Parties must take appropriate national, bilateral and multilateral steps to protect the child from all forms of sexual exploitation and sexual abuse as also to prevent the abduction, sale of or traffic in children. Convention on Protection of Rights of Migrant Workers, 1990 This Convention seeks to put an end to the illegal or clandestine recruitment and trafficking of migrant workers and lays down binding international standards for their treatment, welfare and human rights. The ILO Convention 182 on the Worst Forms of Child Labour (1998) Article 3 of this Convention defines the worst forms of child labour comprising all manifestations of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and servitude and forced or compulsory labour, etc. Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women, 1999 The Protocol enables individuals or groups who have exhausted national remedies to directly approach the Committee under the Protocol.

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000 The UN Trafficking Protocol seeks to create a global language to define trafficking in persons, especially women and children, assist victims of trafficking, and prevent trafficking in persons. It supplements the United Nations Convention Against Transnational Organised Crime, 2000. Article

3(a) of the Protocol defines trafficking in persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. This victim-friendly protocol provides for preventive measures (Art. 9), victim compensation and privacy protection (Art. 6), repatriation (Art. 8) and strengthened border control measures (Art. 11 & 12). However, the Protocol does not provide protection from prosecution for the acts victims are forced to perform. Therefore, victims could be prosecuted for a crime they were coerced into committing such as prostitution, working without a permit, or having false identification documents and be summarily deported for these violations. Also, most of the positive measures, especially victim assistance, are discretionary. Thus, victims who remain in a country in order to serve as witnesses for the prosecution could be detained for months without critical services or employment. This could create unwillingness in victims to offer testimony, which would be detrimental to the case and undermine the law enforcement objectives of this Protocol. Also, these victims are still at risk of physical harm from the traffickers. There is no mention of reintegration or providing services upon repatriation to ensure that a victim is able to re-enter mainstream society. The Protocol refers only to cooperation between States Parties to ensure safe repatriation of victims to their countries of origin. The victims are, in effect, likely to be delivered back into the same conditions from which they were trafficked and are at risk of re-victimisation. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

This process seeks to raise standards for the protection of children from all forms of sexual exploitation and abuse.

Recommended Principles and Guidelines on Human Rights and Human Trafficking: These standards were developed by the UN High Commission for Human Rights so as to strengthen the human rights principles and perspective of the Trafficking Protocol. The document sets down 17 Recommended Principles and 11 Recommended Guidelines, which are meant to facilitate effective implementation of the key provisions. SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, 2002 The aim of this convention is to promote cooperation amongst member states to effectively deal with various aspects of prevention, interdiction and suppression of trafficking in women and children; repatriation and rehabilitation of victims of trafficking and preventing the use of women and children in international prostitution networks, particularly where the SAARC member countries (Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka) are the countries of origin, transit and destination. The convention is legally binding on its signatory parties and is the first regional anti-trafficking treaty to emerge from the Asian continent. As of March 2004, the convention has been ratified by all member countries except Nepal and Sri Lanka. The SAARC Convention defines child, prostitution, trafficking, traffickers and persons subjected to trafficking under Article 1. It provides for aggravating circumstances, which are factual circumstances that enhance the gravity of the offence (Art. 4). It also provides for the protection of victims

(Art. 5), mutual legal assistance (Art. 6), training and sensitisation of enforcement officials (Art. 8), rehabilitation of victims (Art. 9). Offences under the Convention are extraditable (Art. 7). Article 8(3) requires the States Parties to establish a Regional Task Force comprising officials from the Member States, to facilitate implementation of the provisions of this Convention and to undertake periodic reviews. The main criticism levied against the SAARC Convention is its narrow definition of trafficking, which is limited to prostitution, also that it makes no distinction between women and children. Trafficking has been defined to include the moving, selling or buying of a person, but does not include recruitment, labour, transfer or receipt that does not essentially constitute buying or selling. Convention on Regional Arrangement for the Promotion of Child Welfare, 2002 This Convention seeks to create regional arrangements among SAARC countries in order to promote understanding and awareness of the rights, duties and responsibilities of children and to develop the full potential of the South Asian child. Enforcement of International Law: The Regional Solution Enforcement of international law in regards to human trafficking is most effective and efficient when it is incorporated into regional and domestic legislation. Regional and domestic instruments that have played a key role in the prevention and elimination of human trafficking include: the United States Victims of Trafficking and Violence Protection Act (2000), the Council of Europe Convention on Action against Trafficking in Human Beings (2008), and the European Convention for the Protection of Human Right and Fundamental Freedoms (1950). Regions throughout the world are also making cooperative efforts to end trafficking. For example, in 2005, the Coordinated Mekong

Ministerial Initiative against Trafficking (COMMIT), a sub-regional group composed of China, Laos, Thailand, Cambodia, Myanmar, and Vietnam, was established. Its purpose is to create policies for the anti-trafficking measures in the region, allowing each state to create legislation that is in agreement with these provisions. The domestic and regional instruments are aimed to combat human trafficking through provisions that are in line with the international agreements against human trafficking, while tailoring their enforcement and monitoring methods to the needs of the region or state. National framework of laws related to trafficking in India The Constitution of India, under Art. 23 (1), prohibits trafficking in human beings and forced labour. This right is enforceable against the State and private citizens. The Indian Penal Code, 1860. Relevant provisions under the Indian Penal Code are Sections 293, 294, 317, 339, 340, 341, 342, 354, 359, 361, 362, 363, 365, and 366, 370, 371, 372, 373, 375, 376, 496, 498, 506, 509, 511. Of significance are Sections 366A, which makes procuration of a minor girl (below the age of 18 years) from one part of India to another punishable and Section 366 B, which makes importation of a girl below the age of twenty-one years punishable. Section 374 provides punishment for compelling any person to labour against the will of that person. Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) was enacted under Article 35 of the Indian Constitution with the object of inhibiting or abolishing the immoral traffic in women and girls. It was also in pursuance of the Trafficking Convention, which India signed on 9 May 1950. The Act aimed to rescue exploited women and girls, to prevent deterioration of public morals and to stamp out the evil of prostitution, which was rampant in various parts of the country. In 1978, SITA was amended by the Amendment Act 46 of 1978,

which took effect from 2 October 1979. This was owing to the realisation that the social evil needed to be curbed and that existing provisions failed to do so. In 1986, SITA was drastically amended and renamed the Immoral Traffic (Prevention) Act, 1956. The Immoral Traffic (Prevention) Act, 1956 is a special legislation that deals exclusively with trafficking. The Act defines the terms brothel, child, corrective institutions, prostitution, protective home, public place, special police officer and trafficking officer. The purpose of the enactment was to inhibit or to abolish commercialised vice, namely the traffic in women and girls for the purpose of prostitution, as an organised means of living. Offences under the Act are: i) punishment for keeping a brothel or allowing premises to be used as a brothel (S.3) ii) punishment for living on the earnings of prostitution (S. 4) iii) procuring, inducing or taking persons for the sake of prostitution (S. 5) iv) detaining a person in premises where prostitution is carried on (S. 6) v) prostitution in or the vicinity of public places (S. 7) vi) seducing or soliciting for the purpose of prostitution (S. 8) vii) seduction of a person in custody (S. 9). The law confers wide powers on the concerned authorities in matters of rescue and rehabilitation of victims and survivors and provides for stringent action against exploiters including the eviction of brothels, surveillance, externment, as well as aggravated punishment when the offences are committed on children.

Judicial Response To issues of trafficking in women and children

In Vishal Jeet vs. Union of India and others (1990, 3 SCC 318) there was a PIL against forced prostitution of girls, devadasis and jogins, and for their rehabilitation. The Supreme Court held that in spite of stringent and rehabilitative provisions under the various acts, results were not as desired and, therefore, called for evaluation of the measures by the central and state governments to ensure their implementation. The court called for severe and speedy legal action against exploiters such as pimps, brokers and brothel owners. Several directives were issued by the court, which, inter alia, included setting up of a separate Zonal Advisory Committee, providing rehabilitative homes, effectively dealing with the devadasi system, jogin tradition etc. The apex court held that It is highly deplorable and heartrending to note that many poverty stricken children and girls in the prime of youth are taken to flesh market and are forcibly pushed into the flesh trade which is being carried on in utter violation of all canons of morality, decency and dignity of humankind. There cannot be two opinions - indeed there is none - that this obnoxious and abominable crime committed with all kinds of unthinkable vulgarity should be eradicated at all levels by drastic steps. The apex court had demanded an objective multidimensional study and investigation into the matter relating to the causes and effects of this evil. The Central and State governments had initiated several programmes and policies in compliance with the directive of the Supreme Court. In Gaurav Jain vs. Union of India, (1997 8 SCC 114) the Supreme Court passed an order dated 9 July 1997, directing, inter alia, the constitution of a committee to make an in-depth study of the problem of prostitution, child prostitutes and children of prostitutes, and to evolve suitable schemes for their rescue and rehabilitation. Taking note of the fact that children of prostitutes should not be permitted to live in the inferno and the undesirable surroundings

of prostitute homes, the apex court issued directions to ensure the protection of human rights of such persons. The court also desired that the Ground realities should be tapped with meaningful action imperatives, apart from the administrative action which aims at arresting immoral traffic of women under the ITP Act through inter-state or Interpol arrangements and the nodal agency like the CBI is charged to investigate and prevent such crimes. The rulings mentioned above have to be seen in the context of the pleadings and the arguments advanced by both sides. Moreover, one needs to distinguish ratio from obiter, as the former is a binding law and the latter is only a persuasive value relevant to the facts of the concerned case. Keeping these in mind, it can be said that these two cases have laid down the ground rule for several executive decisions and commencement of many programmes thereafter. These judgments have flagged off the importance of the individuals human rights and brought to focus the mandatory role and responsibility of the state in ensuring that such violations do not take place. Public at Large vs. State of Maharashtra and Others, [1997 (4) Bom CP 171], judicial intervention brought about rescue, repatriation and rehabilitation of 487 minor girls. The High Court order led to the prompt care of and attention to the rescued persons, setting up of an Advisory Committee and networking of various departments of the government, and the repatriation of persons rafficked from various states in India as well as neighbouring countries. In Public at Large vs. State of Maharashtra and Others [writ petition No. 112 of 1996], the High Court of Mumbai gave several directions to the government agencies to ensure the interests of the rescued girls. The court directed that all rescued girls should be subjected to medical examination for assessing their age and to check whether they were suffering from any disease.

In Prerana vs. State of Maharashtra and Others [writ petition No. 788 of 2002], the Mumbai High Court looked into the issue of violation of rights of trafficked children by various authorities who are supposed to implement the law. The court took serious objection to the judicial authority treating the trafficked minor girls as confirmed prostitutes. The High Court issued several directions for the proper implementation of the JJ Act and ITPA, keeping in view the human rights of the trafficked persons. The court order addressed several issues concerning child rights, viz. the role of advocates and NGOs in the JJ Act, childfriendly procedures in dealing with rescued persons, etc., and has brought out clear guidelines for compliance by all concerned. In writ petition No. 365 of 1997 by an NGO Savera and Others vs. State of Goa and Others, the High Court of Bombay (Goa Bench) delivered a judgment on 21 July 2003. The object of the petition was primarily to seek the direction of the High Court to the concerned agencies in the readjustment and rehabilitation of the persons in the Red-light area of Baina. The High Court took into consideration the various views in the replies filed by the petitioners, respondents, etc., as well as the report of the Kamat Committee (Mr. Justice G.D. Kamat, retired Judge). The High Court directions included the following: (1) State government to ensure necessary action as per Kamat Committee Report. (2) Ensure effective implementation of the judgment of the apex court in Gaurav Jain v. Union of India. (3) Ordered that the District Collector take steps under ITPA and other relevant laws to close down the cubicles (250 cubicles being used for sex trade in Baina beach). If the said 250 cubicles constructions are illegal, and are on government land or land belonging to local authorities, then to take steps to evict the illegal occupants and then demolish them by following due process of law.

(4) State government to take adequate steps to prevent the CSWs (commercial sex workers) being brought into the state of Goa on contract basis, as noted by the Justice Kamat Committee. (5) Since the CSWs are being brought from outside Goa, the Government of Goa is not bound to rehabilitate them except to the extent mentioned by specific directions in the judgments of the apex court. The rescued CSWs be deported to the state where they came from. The Goa State Commission for Women, along with the National Commission for Women to take steps, so that the said women are rehabilitated in the state from where they hail with assistance of the respective state governments. (6) The National Commission for Women to report in nine months the action taken on the implementation of the Kamat Committee Report. As of November 2003, the concerned agencies were in the process of initiating necessary steps in the light of the High Court order. NGOs like Arz, which have been working in this area for long, have drawn attention to the fact that eviction without appropriate mechanisms of rehabilitation would be tantamount to further violations of the rights of the hapless victims. In Bachpan Bachao Andolan vs Union Of India & Ors.(AIR 2011 SC) a petition has been filed in the interest of public uhnder Article 32 of the Constitution. in the wake of serious violations and abuse of children who are forcefully detained in circuses, in many instances, without any access to their families under extreme inhuman conditions. There are instances of sexual abuse on a daily basis, physical abuse as well as emotional abuse. The children are deprived of basic human needs of food and water. The Honbl Supreme Court directed Government as follows:

(i) In order to implement the fundamental right of the children under Article 21A it is imperative that the Central Government must issue suitable notifications prohibiting the employment of children in circuses within two months from today. (ii) The respondents are directed to conduct simultaneous raids in all the circuses to liberate the children and check the violation of fundamental rights of the children. The rescued children be kept in the Care and Protective Homes till they attain the age of 18 years. (iii) The respondents are also directed to talk to the parents of the children and in case they are willing to take their children back to their homes, they may be directed to do so after proper verification. (iv) The respondents are directed to frame proper scheme of rehabilitation of rescued children from circuses. (v) We direct the Secretary of Ministry of Human Resources Development, Department of Women and Child Development to file a comprehensive affidavit of compliance within ten weeks.

Reasons for poor performance of Anti Trafficking Legislations

A need has arisen to know as to what causes all these legislations to fail. No single factor, however, can be held responsible for poor performance of such legislations. A host of factors have been in operation subjecting humanity to such myriad situations. These factors can broadly be discussed under the following heads, socio-economic Polito-legal flaws

Socio Economic Reasons : (1) Poverty : No other cause is probably as powerful as what poverty is----in so far trafficking in human being is concerned. Poverty creates an unending chain of hapless human forcing them to become unwilling victims of trafficking. The act that almost 80 to 85 percent of the victims comes from the poorest section of the society, makes it totally inescapable from holding that poverty is the prime cause of rampant growth of trafficking in human beings. (2) Illiteracy : The other cause, which can vie with poverty in terms of importance, is nothing but illiteracy. John Adams, one of the greatest philosophers during the period of great American Enlightment, lamented that illiteracy anywhere is a scar to humanity everywhere. The above unmistakably shows how important education is in eradicating from the society a plethora of social evils including trafficking in human being. A considerable number of humanity in flesh trade being totally illiterate only serve to show how truthful the above statement is. (3) The Mindset of modern society is yet another reason for the failure of legislations, referred to above and consequently for the growth of trafficking in human being, for, it is found that a sizable portion of victims of trafficking comes from elite background too. The temptation of modern lives causes many gullible persons to run after mirage only to end up one day in the clutches of prostitution. (4) Attitudes of Civil society towards the victim of trafficking in human beings is another factor, which heavily comes in the way of eradicating from the society a menace as heinous as flesh trade. As a matter of fact, those hapless souls who become the victims, of-course for no fault of their own, need compassionate, kind and considerate treatment from the society. Such a treatment is imperative to get them rehabilitated in the society where from they

have been ejected quite ruthlessly. But such a treatment from society remains a far cry, which not only prevented them from becoming normal human being once again but condemned them to wallow in their predicament forever. In this regard, we can cite two very disgraceful instances, which have vividly demonstrated the mindset of modern society. First, Calcuttas Specialist Govt. Hospital has refused repeatedly to operate on a thalassaemic child, who has caught HIV infection from the blood, he has been transfused in a Govt. hospital. Second, a Mayor of very prominent city in India has asked the employees, working in the corporation, of which he is Mayor, to take life long leave with pay, if they have been detected as living with HIV / AIDS. These two blatantly outrageous conducts from the Civil Society show where we live in-----in terms of serving fellow human being, which we believe moulded in the images of God. (5) Trafficking in human being is probably the only industry in the world where one can mint money without any capital or with extremely little investment. The risk, involved in the trade or for that matter money, invested, all pale into insignificance, once we consider the return the perpetrators acquire from this trade. This coupled with poverty makes prostitution a thriving business so much so it is almost an impossibility to stamp out This is another factor, which not only makes prostitution a thriving business but a problem very difficult to negotiate with effectively. Polito-Legal Hurdles : Trafficking in human being in todays world is really a transnational crime where criminals have used a very robust and a very sophisticated network covering huge regions consisting of several countries for procuring the potential victims and push them to heinous crimes in countries more than one. In such a scenario, detection of trafficking, its investigation and consequent punishing of

offenders becomes an extremely difficult job. This difficulty gets increased many folds for the fact that any schemes or laws tackling the menace, above, in either Regional or International basis are yet to occupy the place. Over the years, inadequacies of various National laws, designed to contain trafficking are found to be enormous so much so that they could hardly address the problem as complicated as human trafficking. The advancement of modern science makes such shortcomings more and more apparent. Some of the laws, such as, section 7 and section 20 of the Immoral Traffic (Prevention) Act, 1956 appear to be not only inhuman but it really makes the victims of crimes the offenders. It is equally futile to expect such laws in other countries doing better than their counter part in India. These contribute in a fair measure towards the failure of laws already in the place since last couples of decades. On the top of all these legal hurdles, however, comes the extremely inadequate response from the very machineries, which were entrusted with the duty of enforcing law in the respective country. The position in India is extremely horrible where laws are mostly honoured more in violation than in observance. The track record of Indian law machinery in particular is abysmally unsatisfactory. The recent killing in Nithari, tragically exposes how inefficient law enforcing machineries in India are. Another extremely disquieting factor is the news item that appeared in Daily Agradoot, published on 03.03.07 where it has been reported that during the period 2001-2006, as many as 4000 persons went on missing in the State of Assam alone and they remained missing even after years of their disappearance. Such news item has very ominous signal, which strongly suggests that Nithari may not be the lone and sole place in India where hundreds of human being went on missing only to be killed in some very secret place subsequently. Such places may be found every nook and corner of the country including Assam.

Conclusion :
The need of the hour is to go for a radical change in approach to addressing the problem. We have already done enough damage to the remedial measures by all along resorting to compartmentalize approaches to such a gigantic problem, which makes the very existence of humanity a difficult proposition. Equally unfortunately, such measures, already taken, are again painfully half-hearted, inadequate and almost devoid of sincerity and dedication. We have already found that causes of these extremely serious social iniquities get scattered over a wide spectrum, which are economical, social, political and legal. Any meaningful attempt to eradicate such a ugly scar from the fair face of humanity must be a holistic one, which should start from various platforms, such as, economic, social, political----and not from the platform of law alone. More than that, all such approaches should be full of commitment, mission and dedication. If the scenario, above, ever occur, a whistle blowing Act may do miracle in rescuing the humanity from the curse, aforesaid. Such an approach becomes almost unavoidable, as, it has already been found that trafficking has again unholy and huge nexus with some other ugly aberration to the humanity, such as, drug trafficking, illegal arms trade etc., which already subjected mankind to unending chain of miseries. Over the years, humanity remains only rhetorical, without doing anything serious to tackle the problem before it. We have waited far too long doing almost nothing. Unfortunately, time runs out faster than we probably believe. We must, therefore, act now and we must act decisively once and for all or tomorrow will be too late to catch the train for which civil society has to pay a huge price, which, now, we shudder to think of.