The Explorer Islamabad: Journal of Social Sciences

ISSN: 2411-0132(E), 2411-5487(P)

Vol-1, Issue (9):324-327
www.theexplorerpak.org

INCIDENCES OF HUMAN RIGHTS VIOLATION VIA HUMAN TRAFFICKING

Sunia Aslam, Abid Ghafoor Chaudhry, Adnan Nasir
Department of Anthropology, PMAS Arid Agriculture University, Rawalpindi
Corresponding Author:
Sunia Aslam
PMAS-Arid Agriculture University, Rawalpindi
Suniaaslam786@gmail.com
Abstract: Every human being is entitled to the right of life, liberty and security by birth. In the context of human
trafficking, the rights of a person are dishonored and violated. The crime of human trafficking is generally underreported, inadequately recorded and inefficiently legislated. Trafficked women and children are mostly used for
pornography and for sex working. The data was gathered from 42 lawyers collectively from the High Court Islamabad,
and Zillah Kachri, Rawalpindi with the help of in-depth interviews. Trafficking can be controlled if government and
media play an active role in the rehabilitation of victims of this social crime. Further awareness among people regarding
human trafficking through different awareness programs and campaigns must be done.

Key Words: Human Trafficking, Human Rights, Violation of Human Rights, Incidences of Human Trafficking
INTRODUCTION
Human rights are the rights which are undeniable
and irrefutable. One has these rights because he is
a human. Human beings own these rights naturally
by birth without any discrimination of religion, race,
occupation, identity and sex (Nations 1949). In the
Universal Declaration of Human Rights 1948
Everyone has the right to life, liberty and security
of person (Nations 1949). In the context of human
trafficking, the rights of a person are badly tainted.
Historically trafficking was solely associated with
the movement of women and girls for sexual
exploitation. But now in broader sense it is defined
as the process of placement of individuals in an
exploitative situation for economic gain (Nations
2014). Human trafficking is the modern form of
slavery. It is a planned crime with business benefits
and it is the acquisition of people by improper
means such as force, fraud or deception with the
aim of exploiting them. It is also described as the
illegal transitional movement of people through
organized criminal networks (Truong 2001).
Criminal activity of trafficking can occur within and
beyond the borders. Human trafficking includes
organized prostitution, sexual exploitation, forced
marriage, forced labor, slavery or similar practices
and the removal of organs. Trafficking involves
recruitment, transportation, transfer, harboring or
receipt of persons by the use of force or other
means of coercion with the purpose of exploitation.
Impoverished segment of society trafficked through
seizure, fraud and by maneuver. Women and
children are mostly victims of human trafficking.

Trafficking is not a matter of one state or a single

continent, its web is working within and across the
borders. Many Asian governments responded to
trafficking by legislating to restrict womens
mobility and deporting sex workers (Zheng 2010).
Trafficked women and children are mostly used for
pornography and for sex working. Human sex
trafficking is the most common form of modern-day
slavery (Amanda and Hill 2011). Human trafficking
can occur within a country or trans-nationally.
International debate on trafficking originates from
feminist
debates
on
prostitution
and
pornography(Zheng 2010). Pornography and
prostitution is a momentous violation of human
rights. The vulnerable groups are forcefully
occupied in the brutal act of trafficking. The
women, adults consensually and voluntarily
engaged in the business of prostitution without
complaint. Sex trafficking is the act of forcing,
coercing, or transporting a person for the purpose
of a commercial sex act. These crimes are primarily
committed against women and children. Sex
trafficking can occur in residential brothels,
brothels disguised as massage parlors, strip clubs,
and via online escort services and street
prostitution(Harris 2012). A victim of human
trafficking is enslaved to supply labor or services.
MATERIALS AND METHODS
The study is based on the human rights violation via
human trafficking and has been conducted at Zillah
Kachari, Rawalpindi and High Court, Islamabad. The
focused group included 42 male and female lawyers
from both locales. Interviews were conducted and

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the viewpoints of respondents were recorded and

rephrased later and are discussed in the research
paper.
RESULTS
Table. 1: Forced Marriage

Forced marriage is a Yes

human trafficking?
23

No
10

%
54.8%

of
Level
punishment
against
traffickers?

Table.2: Level of Punishment

Punish them Rigorous

%
according to punishment
law
or
death
penalty
14
28
66.7
%

Table: 3 Trafficking and Terror Activities

Trafficked
Yes After trafficking %
people
are
they use for any
used in terror
purpose
activities
21
20
51.2%
The table shows that forced marriage was not
considered a form of human trafficking by 54.8% of
the lawyers. But 45.2% lawyers responded that in
case of abduction and child seizure for forced
marriage makes it a form of human trafficking.
Child trafficking for forced marriage is simply
another expression of trafficking (Wilberforce
Institute of Slavery Emancipation 2008). When
inquired how actively the police play their role;
61.9% respondents informed that as far as the role
of police is concerned in this regard, usually the
case was filed and inquiries were conducted against
the social crime. Police are the most important
foundation for law implementation (Bayle and
Perito 2011) . 42.9% revealed that even though
inquiries were conducted the victims became
hesitant to name the real culprits due to their
personals issues or reservations and consequently
the FIR gets dismissed or case gets closed. 57.1%
respondents further responded that sometimes it
was observed that there was some sort of
agreement between criminals and victims where
victims accept money offered by culprits to
abandon the case from police. Police put their
services on the market for their own benefits (Bayle
and Perito 2011). The respondents also highlighted
the responsibility of government to rehabilitate the
lives of victims. According to 50% lawyers,
government should take radical steps to provide
shelters and provide security to the victims of
human trafficking. 50% respondents suggested that
the government should create job opportunities for
the affected so that they may not consider
themselves a burden on their family and society
and may play a positive role in national stream of

development and prosperity. When inquired if sex

workers from brothels were taken to private
apartments, 36.6% respondents shared that it all
depends on the ease and feasibility of the client.
63.4% shared that only brothels or sex apartments
were used for sex work, while use of personal
apartments in this regard is not very common
within the country As far as the matter of
punishment for these criminals is concerned, 33.3%
lawyers informed that according to the law seven
to fourteen year imprisonment with heavy fine is
declared for this crime (Mahmood 2012). However,
66.7%
lawyers
suggested
that
rigorous
imprisonment or death penalty should be declared
for traffickers. 69.0% responses showed that
although in Pakistan human trafficking prevails but
the ratio of this prevalence is low as compared to
other Asian countries like India, Bangladesh, United
Arab Emirates, and Dubai. 31.0% respondents
revealed that trafficking in Pakistan occurs between
30% to 50% and is more common where rate of
poverty, unemployment and illiteracy is high. When
inquired if trafficked people were used in terror
activities, 21 out of 42 respondents said yes.
Trafficking webs are linked up with criminals and
terrorists (UNODC 2011). 35.5% lawyers revealed
that common people are not aware of their rights,
while 64.3% respondents said that people have
awareness but are oblivious to the process for
protection of rights. Lawyers further responded
that common men and women should be given
awareness about their rights through different
awareness programs and counseling. 61.9% lawyers
respond that human rights or human trafficking is
not a matter of NGOs; it is the matter and
responsibility of state to protect the rights of
people. 38.1% respondents were in the view that
NHOs, are human rights and cases related to
human trafficking are being cashed by NGOs. NGOs
are highlighting these cases just for their benefits
and publicity.
Given below are the case studies reported by the
respondents providing evidence of human
trafficking in Pakistan.
Case Study: 1
This case study is based on forced labor by the brick
company of Gujar Khan, District Rawalpindi. The
petition was filed on 4 September, 2013 against the
contractors of that brick company. The contractors
bought the whole family in eight lakhs and the
victims were bound to work for several hours.
Seven males were working as bondage and forced
labor. Contractors kept them hungry and made
them work on fewer wages per day. One day the
petitioner succeeded to escape from the clutches of

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the contractors and went to the office of SHO

Rawalpindi, but he did not show any interest in this
matter. As the contractors were quite influential,
they had given heavy bribe to the police. Police did
not take any action against the contractors. The
petitioner went to the Session Court, Rawalpindi for
justice as his other six family members were made
hostage by criminals. The case was filed against
culprits and eventually in the light of all evidences;
court recovered all the victims of bondage labors.
The brutal set of forced labor defeat the families
physically and economically so that they are unable
to break out of the trap despite putting in hard
labor(Iqbal 2006).
Case Study: 2
It is based upon the rape case of a Kashmiri girl who
was an affecte of 2005 earthquake. The victim was
raped seven times. In the earthquake of 2005, she
came in Rawalpindi with IDPs. She was alone,
vulnerable and thus got kidnapped by a woman.
The woman sold the victim to her partners. Victim
was sold from Rawalpindi to Sialkot, from Sialkot to
Gujranwala, from Gujranwala to Lahore and from
Lahore to Karachi. She was sold at different prices
i.e. 20,000, 30,000, 50,000 Rs. respectively. She
was recovered from Karachi. Police had actively
played their role. The case set aside till the end.
But, at the state of evidences, she had withdrawn
during horrendous cross questioning. Now the girl
is married with her cousin and leading her life
happily.
Case Study: 3
The case was declared before police by victims
father against a travel agent. The victim was sent to
Malaysia through Dubai coast on fake passport.
Before the police could arrest agent he ran away.
Now the victim can neither be legalized in Malaysia
and nor can he return to country. The case is still
pending and the victim is still stuck in a foreign land
with no passport.
Case Study: 4
Another case study of a brick company of Gujar
Khan was shared by a respondent. The contractors
were using their bondage labor forcefully for sexual
purpose.
The victims were sent for work to Lahore in another
brick company, but they were sexually exploited by
the contractors. The victim told before the judge,
that how they were used as bondage labor and also
raped by contractors. Court succeeded to recover
these victims from the rule of the contractors.
Sexual exploitation physical torture and beating,
these incidents occur in brick kilns (Iqbal 2006).

DISCUSSION
Despite of the fact that Pakistan is an agricultural
country and has huge mineral resources, the ratio
of unemployment is still quite high. Unfortunately
people are exploited to eradicate poverty. Poverty
increased the movement, both legal and
illegal(Vayrynen 2003). In such miserable
circumstances people of the country in search of
employment or jobs are ensnared by illegal
agencies and lose their savings; while some even
lose their lives. There are a number of recruiting
agencies running in the country which are working
for the immigration of candidates for employment
in other countries. Some of these agencies are law
abiding however some hoax agencies are involved
with human trafficking. These traffickers use people
as means of forced labor, child labor, sex workers.
Government has tried to overcome the situation
but still people are being fooled by these agencies.
Human trafficking is a severe violation of human
rights. According to the constitution of Pakistan
1973, all forms of forced labor and traffic in human
beings are banned within the country. Trafficking a
person is punishable with extended imprisonment
of seven to fourteen years with heavy fines
(Mahmood 2012). Laws are there in country but
they need to be implemented too. Police and law
enforcement agencies must watch the activities of
agents and in case of any suspicion they must
investigate them actively. Common man should be
aware of the processes about application of
passport and visa and he should also know that
how to qualify in a legal system. Media should also
play its role and it should spread awareness among
people regarding human trafficking through
different awareness programs and campaigns.
Government should ensure the protection of
children. Concerning officers must made working
plans for those children who are working below the
age of fourteen because, constitutionally it is
hazardous employment to take the labour
services of child less then fourteen years old.
Government should launch a special helpline desk
to mitigate the problem of people being affected by
this social evil and should take strict legal action
against traffickers.
CONCLUSION
The relation between human rights and the fight
against trafficking are eminent. Every human being
is endowed with inborn right of dignity and he
should live his life accordingly. This inherent dignity
is inviolable. The contention of the morality of
human rights is actually the affirmation of two fold
claim that every human being has inherent dignity
and is inviolable.

326

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