The illegal movement of individuals from one nation or region to another for the purpose of forced labour or sexual exploitation is known as human trafficking.
A major crime and serious violation of human rights is people trafficking. The worst crime against children in any nation is the sexual exploitation of youngsters. “It shall be the duty of every citizen of India, to renounce practises derogatory to the dignity of women,” reads Article 51A (e) of the Constitution, which places this obligation on every Indian in a mandatory manner. However, in reality, the position does not reflect the spirit of the Indian constitution.
One reason for human trafficking is:
Sexual mistreatment
Bonded Workforce
Domestic slavery
Beseeching Drug Smuggling
forced union
compelled criminality
Child soldiers Factors in Organ Harvesting
What results in trafficking
Poverty
limited work options
Prostitution in religion or culture
young marriage
False commitments to a job or marriage
Migration
Sexual tourism
Internet sexual content
Human trafficking affects men as well as women and children. Numerous people are trafficked in India for various forms of slavery in addition to the sex trade.
Various forms of child sexual exploitation
In particular, sexual abuse by an adult and payment in cash or kind to a kid or third party constitute sexual exploitation of minors, which is a crime that threatens the physical and psychological integrity of children (s). The following categories of commercial sexual exploitation of children exist in addition to crimes against women: (A) child prostitution; (B) child pornography generally; (C) child trafficking for sexual exploitation; (D) incestuous sexual exploitation; (E) child sex tourism; and (F) child marriage
Regulatory Framework
In addition to the provisions of the Constitution, which serves as the foundational law of the nation, India has a vast variety of laws passed by the Parliament and some State legislatures.
India Constitution
Article 23: Prevents exploitation, forbids human trafficking and beggaring, and renders these actions illegal.
Article 24 protects minors under the age of 14 from working in mines, factories, or other dangerous jobs.
India’s Criminal Code
There are over 25 provisions concerning trafficking, however a few of the most important are listed below:
Section 366A: It is illegal to coerce or persuade a juvenile girl under the age of 18 into going to one of these locations with the intent to engage in illicit sexual activity with a stranger.
Section 366B: It is illegal to bring any girl under the age of twenty-one into the country with the intention of coercing, seducing, or compelling her to engage in illicit sexual activity with another person.
Section 374 penalises anyone who forcibly forces someone to work against their will.
Act of 1956 to Prevent Immoral Traffic
The main piece of legislation for the prohibition of sexual exploitation of women and girls is the Immoral Traffic (Prevention) Act, passed in 1956. Only the state law known as the Goa Children’s Act, 2003 defines the term “trafficking.” The ITPA does not define trafficking, despite being the primary piece of legislation pertaining to the commercial sexual exploitation of children.
Offences specified are:
- Keeping a brother or allowing premises to be used as a brothel
- Living on the earnings of prostitution
- Attempting, procuring or taking person for the sake of prostitution
- Detaining any person in premises for prostitution
- Prostitution in the vicinity of public places
- Seduction of a person in custody
Information Technology Act,2000
The act makes it illegal to transmit any indecent or lewd content over the internet. The issue of pornography is also addressed by this legislation.
The publication or electronic transmission of material containing sexually explicit acts is punishable under Section 67A.
- Section 68B penalises the electronic publication or transmission of material that shows children engaging in sexually explicit behavior.
Act of 2000 Concerning Juvenile Justice (Care and Protection of Children)
The law applies to youngsters who are weak and hence more likely to become a target of trafficking. It safeguards young people who require care and protection.
Act of 1982 known as Karnataka Devadasi (Prohibition of Dedication)
Any act of dedication that involves a girl being forced into prostitution, whether with or without the girl’s consent, is illegal and punishable.
Devadasi (Prohibiting Dedication) Act of 1989 for Andhra Pradesh
Any ritual that is dedicated as Devadasi in any way is forbidden by this law, which carries a three-year prison sentence and a fine.
2003’s Goa Children’s Act In Trafficking, this behaviour is carefully described. The term of sexual assault encompasses all forms of sexual exploitation. Safety of minors or children on hotel grounds is the responsibility of the manager and owner of the business. The safety of children and the dissemination of pornographic material are subject to rigorous legal restrictions