INTRODUCTION: Human trafficking refers to the trading of people for a specific purpose, such as forced labour, sex slavery, or commercial sexual exploitation. It is not something that abruptly changes; its beginnings have a lengthy history. Slavery has been practised for more than 1200 years and was widely seen as a normal aspect of daily life.
Millions of individuals throughout the world have profited from migration within and beyond national borders as a strategy for economic and social mobility, but there is growing acknowledgment that the exploitation of migrant workers for labour has grown to be an issue of global proportions.
An estimated 40.3 million people worldwide are believed to be affected by human trafficking and other forms of extreme exploitation, including forced labour and forced marriage, which are now collectively referred to as “modern slavery.” Of these, 29.4 million are thought to be engaged in forced labour.
The Portuguese, who transported Africans from Africa to Portugal and used them as slaves, signalled the commencement of the European slave trade in Africa around the 1400s, nevertheless. Later, the practise of European slavery was adopted by Britain and many other European countries.
Because some people trafficked in order to satiate their sexual desires and for sexual purposes, this type of trafficking is known as “white slavery” or is recognised as such. And in order to free the slaves, Anti-Slavery International formed a charitable organisation in the United States, which is still regarded as the most effective and powerful movement in history.
Even though many national governments consistently rank combating human trafficking as a top priority, many of these governments are unable to do so because there is not enough data available about the crime in a given nation or globally.
According to the United Nations, human trafficking is the act of enlisting, procuring, or receiving forced labour by the threat of physical harm, coercion, or the payment of someone to perform forced labour for another person with the intention of using that person’s labour for personal gain.
When compared to other nations, India is not yet completely susceptible to human trafficking, although this vulnerability is growing quickly.
San Francisco has long been regarded as a top location for human trafficking, and if we examine the factors that contribute to this perception, it is the proximity of numerous ports, airports, businesses, and immigrant populations.
A report from the South Asian Workshop on Human Trafficking, In terms of the intended use of a particular sort of commodity, it is crucial to distinguish between various forms of trafficking. Because trans-boundary migration and trafficking are often confounded, it is important to comprehend this distinction.
Undertaking and discussing both domestic and international human movement under a single phrase like “trafficking” is not thought to be helpful. It goes without saying that a problem like the organ trade calls for entirely different kinds of attention than other types of trafficking. However, there are also instances where children and women are either legally or illicitly married to someone. Children and women are being forcedly engaged as sexual slaves.
A clear image of the rising globalisation of trafficking has emerged in recent years as a result of the active participation of NGOs, governments, and international organisations. The regulations in place today are insufficient to fully address this issue and are unable to identify the origins of trafficking. Government, national, and international agencies are heavily burdened by the issue of emerging trafficking, which is particularly troublesome because to three key reasons.
Lack of qualitative and quantitative information regarding trafficking practises. Lack of interaction with trafficking victims, assuming any have been rescued. Significant definition and distinction of trafficking.
Human trafficking’s many facets are:
Forced labour, also known as involuntary servitude, is the largest form of human trafficking worldwide, claims a study by the U.S. Department of State. Another way that people are exploited and forced to repay debts is through debt bondage, which is most common in rural areas where there aren’t enough suitable banking facilities. When people borrow money from others and fail to repay it within a set amount of time, they are then subjected to debt bondage.
Sex trafficking is the most terrible kind of human trafficking since it involves coercing women and children into engaging in commercial sex activity. First of all, it breaches Articles 21 and 14 of the Indian Constitution as well as numerous other laws in force, such as the Trafficking Victims Protection Act of 2000. Women who are coerced into prostitution are frequently associated with human trafficking, although this is only one facet of the crime, which also includes sex trafficking.
The number of victims worldwide cannot be precisely counted due to the lack of communication regarding human trafficking.
But based on the numerous data and research that is currently available, it appears that if the victims of trafficking that occur within a nation are counted in the total number of victims, then the number of victims of labor-related kinds of trafficking outnumbers victims of sex trafficking.
Although sex trafficking and labour trafficking are two distinct types of human trafficking, they have the common cause of travel in search of economic activities, which leads to victimisation. The victim is not required to migrate as part of either the international definition of trafficking in persons as stated in the 2000 UN Protocol to Prevent, Suppress, particularly Women and Children, nor the American definition of severe forms of trafficking in persons as stated in federal law. There is no need to move. Any individual who is enlisted, protected, or acquired through coercion with the intent to use them for forced labour qualifies as a victim of trafficking.
The following are necessary components for human trafficking for labour exploitation: recruitment, transit, harbouring, or receiving of individuals.
• The use of coercive methods, including threats and use of force, kidnapping, fraud and deception, abuse of authority or a position of vulnerability, and exchanging money or rewards for consent.
• Exploitation for the purposes of slavery, forced labour, or other forms of servitude.
These three factors are the most crucial in determining whether true human trafficking is occurring or not. It can be assumed that trafficking has occurred if these three conditions are met.
Comparison of trafficking and global analysis
The issue of human trafficking is not just one that affects one country; it affects all of them. Because the trafficking crime sector is so pervasive throughout the world, several governments have introduced and created new laws specifically to address the issue. Even while the government of the country implemented numerous laws and supported various organisations in their efforts to dismantle this criminal sector, it had little success.
Data and research on human trafficking: A Global Survey, a study conducted by the International Organization for Migration (IOM) of current research on the grave problem of human and bride trafficking, covers and mentions some of the gaps and weaknesses or loopholes in the current practical research on the Trafficking issue. These consist of:
• Lack of studies on the trafficking of men and boys;
• A tendency to target women for exploitation sexually.
• An excessive number of studies with constrained scopes, small budgets, and short timeframes to accommodate operational projects.
• In the case of poor countries, a lack of knowledge, expertise, and resources for study
• There have been very few assessments of anti-trafficking policies and programmes.
These are some of the causes and limitations of current empirical studies on human trafficking, but the most important cause is that victims were not sharing correct information if anyone could have protected them from exploitation.
The second is that because the crime was almost completely global in scope, it is more difficult to locate the victims and ask them for information. The extent of trafficking is difficult to assess, but among the most frequently cited figures is the United States’ estimate that 4 million people are forced into forced labour, slavery, or prostitution against their will. The country also believes that over 30 million men, women, and children have been victims of human trafficking in the past 30 years.
According to a survey conducted by the US Congress’ congressional research staff, there are approximately: 2,25,000 in South-East Asia; 15,000 in South Asia; 1,000,000 in the former Soviet Union; 75,000 in East Europe; 10,000 in Latin America; and 50 crores in Africa (CRS 2001).
This data from the congressional research report amply demonstrates the prevalence of the global human trafficking crime sector. And this number is not static; rather, it is rising quickly every day and has an impact on or a barrier to the country’s progress.
The United Nations Office on Drugs and Crime today released a global study on human trafficking that offers fresh information about this despicable crime committed in all nations.
According to information acquired by the UNODC from 155 nations’ reports on the significant issue of trafficking, this report-offering by 155 countries results in the first worldwide evaluation of the magnitude of human trafficking and what is needed to combat it. The paper provides a summary of trafficking trends, legal responses, and information gathering techniques. The majority of victims of sexual exploitation, which is the most prevalent type of human trafficking, are women and girls, according to a UN report.
Adopted legislation to combat human trafficking
The laws and acts that have been passed and implemented to prevent trafficking are listed below.
• The 2018 Human Trafficking (Prevention, Protection, and Rehabilitation) Bill: This measure was approved because it guarantees the privacy of complainants, witnesses, and victims, as well as time-limited trials and victim repatriation. This bill is not meant to harass social workers who choose to work in the field.
• Convention to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: The United Nations General Assembly enacted this protocol in 2000 to end the trade in persons, and the vast majority of governments have signed it.
• In 2007, the United Nations launched the Global Initiative to Fight Human Trafficking (U.N. GIFT).
• Convention of the United Nations for the purpose of Suppressing the Trafficking in Persons and the Exploitation of Others by the Traffickers (before the abolition of slavery)
• The Convention on the Elimination of All Forms of Discrimination Against Women.
According to the most recent data compiled by the National Crime Records Bureau (NCRB), 8,132 incidences of human trafficking were registered throughout India in 2016.
Bandhua Mukti Morcha Vs. Union Of India and Ors., 1984
In this Public Interest Litigation, the Supreme Court ordered Uttar Pradesh to stop using child labour in the carpet industry, to issue welfare directives banning child labour under the age of 14, to grant children access to educational and medical facilities, and to work toward the abolition of child labour.
Additionally, the Bandhua Mukti Morcha’s Public Interest Litigation is a significant step in raising public awareness of human trafficking and helping to lower its prevalence. There are many other cases that contribute to the fight against human and bride trafficking, but this case and the ruling in this case are regarded as historic decisions.
Laxmi Kant Pandey vs. Union of India, 1984,
While the Supreme Court in this decision supports adoption, it is crucial to remember that the welfare of the child is the only goal or objective of providing the kid for adoption.
When allowing a kid to be adopted by parents from another nation, caution must be taken to ensure that the child won’t be abandoned by them, won’t want for monetary or moral security, won’t be sexually abused, or won’t be maintained in harsher conditions than in his own country.
In order to stop child trafficking, the Supreme Court has established procedures for vetting and overseeing international adoptions.
CONCLUSION
trafficking is a social evil that exists everywhere and infringes human rights by violating the basic liberties of the citizenry, specifically Article 14 (the right to equality) and Article 21. (protection of life and personal liberty). Many NGOs, government organisations, and institutions have worked hard over the years to prevent human and bride trafficking by analysing, identifying, and causing the problem’s core causes.
Trafficking expands quickly in practically every country, having a negative impact on other economic sectors and amassing significant sums of money since these criminal enterprises generate large sums of money with little risk and employ a sizable section of the populace. If the problem of human trafficking is not resolved, it will soon ruin the entire economy by causing issues with gender roles, a large number of sexual diseases in women and young girls, and expensive medical care and victim protection costs.
In my opinion, tougher penalties and laws should be implemented along with a specific regulatory agency that only addresses the problem of human trafficking. Otherwise, these issues will progressively ruin other organisations as well as the entire country.