News By/Courtesy: Priyanka Patnaik | 24 May 2020 9:43am IST

HIGHLIGHTS

  • Factors Responsible for Trafficking are :
  • Legal framework
  • Judicial view on child trafficking

ILO (2000) defines the trafficking as “it can easily be expanded, limited or shifted to accommodate institutional objectives and context.” Also, The Council of Europe defines child trafficking as the recruitment, transportation, transfer, harboring, or receipt of a child for exploitation shall be considered trafficking in human beings (Council of Europe Convention on Action against Trafficking in Human Beings, 2008).
Child trafficking is a well-organized crime worldwide. The various kind of trafficking are forced labor, and being trafficked or exploited for the sex trade and pornography, domestic labor, illegal & forced marriages, mines or factories illegal activities, and plantations or industries hazardous work. The traffickers take advantage of the innocent and illiterate people and force them into this trade.  As a result, trafficked victims are stuck and don’t have any other option to free themselves from this oppression because of the horrific consequences they have to go through. It has been noticed that boys are usually forced to work in the agricultural sector and as a bonded laborer in hazardous industries, whereas, girls are prone to trafficked victims for domestic service, prostitution, and false marriages.
Factors Responsible for Trafficking are :
  • Poverty: It is one of the major reasons to happen.
  • Child Marriage: Usually young girls are trafficked in the name of marriage.
  • Unemployment: When men are unable to find jobs, the children are forced to become the breadwinner of the families and thus trafficked.
  • False Promises & the Lure of Job/Marriage/Love: Many children are lured out of their homes by false promises of love, marriage, or work. They may accompany their friend or lover or acquaintance and then find themselves trapped in a vulnerable situation
Legal framework
Constitution of India
  • Article 23- Protects against exploitation, prohibits traffic in humans and beggar, and makes this practice punishable under law.
  • Article 24- protects children below age 14 from working in factories, mines, or other hazardous employment.
Indian Penal Code
  • Section 366A- Inducing any minor girl under the age of eighteen years to go to any such place with intent to forced or seduced illicit intercourse with another person shall be a punishable offense.
  • Section 366B- Importing any girl under twenty-one years with the intent that she will be, forced or seduced to illicit intercourse with another person is a punishable offense.
  • ]Section 374- Punishes any person who unlawfully compels any person to labor against his will.
  The Immoral Traffic (Prevention) Act, 1956
In 1986 SITA was drastically amended & renamed the Immoral Traffic (Prevention) Act, 1956. It is special legislation that deals exclusively with trafficking.
Child Labour (Prohibition and Regulation) Act, 1986
The Act prohibits employment of children below specific age and in certain specified occupations. It also punishes the employment of minor children.
  Information Technology Act, 2000
The act penalizes the transmission of any such material in electronic form which is inappropriate and lascivious. This act also addresses the problem of pornography.
  • Section 67A- Punishes publication or transmission of material containing sexually explicit act in electronic form.
  • Section 68B- Punishes publication or transmission of material depicting children in the sexually explicit act in electronic form.
Goa Children’s Act, 2003
This Act addresses several child rights in an integrated manner. The features of this act are:
  • Trafficking was given a legal definition for the first time in Indian jurisprudence.
  • The definition of sexual assault was expanded to incorporate every type of sexual exploitation,
  • The responsibility of ensuring the safety of children on hotel premises was assigned to the owner and the manager of the establishment,
  • Photo studios are now required to periodically report to the police that they have not shot any obscene photographs of children.
Judicial view on child trafficking
Since India has signed the Optional Protocol to Prevent, Suppress, and Punish Trafficking in Persons especially Women and Children. The definition in the protocol should apply until a definition has been introduced into local legislation. The Hon’ble Supreme Court in two of its leading judgments held that International Treaties/Conventions to which the state is a  party to apply around the country in the absence of domestic legislation to that effect or to file contrary. Under Article 14 of the Constitution, the judgment of the SC is applicable, it can be argued that these international definitions should be applied locally, but the practice is otherwise. Unfortunately, this definition has not yet been accepted by Indian courts.

Section Editor: Pushpit Singh | 24 May 2020 20:03pm IST


Tags : #childtrafficking

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