Prefix 1956, Child Trafficking, Government Initiatives to combat the trafficking of children, Prevention of Immoral Trafficking in Women & Children Act
The authors of this article are AMALJITH V, 6th Semester 3 Year LLB student at Government Law College, Ernakulam and AKSHARA V, 10th Semester 5 Year BBA LLB student at Government Law College, Kozhikode. The article discusses about ‘Child Trafficking’ in the light of Immoral Trafficking in Women and Children Act, 1956.
Introduction
CHILD TRAFFICKING IN THE LIGHT OF THE PREVENTION OF IMMORAL TRAFFICKING IN WOMEN AND CHILDREN ACT, 1956
Trafficking in human beings is not a new phenomenon and it has a long history. It is one of the most lucrative criminal activities. India is a source, transit, and destination country for women, men, and children trafficking for sexual and labor exploitation. Trafficking of women and children for commercial sexual exploitation is one of the most inhuman issues existing in our society. Internal trafficking of women and children is highly widespread across the country. It is mainly for the purposes of sexual exploitation, domestic servitude, bonded labor, and indentured servitude.
Trafficking is a trade-in something which is unlawful for various social, economic, and political reasons. The concept of human trafficking refers to criminal practices of exploiting human beings by treating them as commodities for profit. The victims undergo long-term exploitation even after trafficking.
India signed the United Nations International Convention (at New York, on 9th May 1950) for the “Suppression of Traffic in Women and of the Exploitation of Others”. Following this, the Suppression of Immoral Traffic in Women and Children Act, 1956 was given assent on 30th December 1956. The Act is applicable to the whole of India. The main objective of the Act is to suppress immoral traffic in women and children. The Act has undergone two amendments in the years 1978 and 1986 respectively and it made the act more gender-neutral. This legislation aims to stop immoral trafficking and prostitution in India and is divided into 25 sections and one schedule.
Apart from PITA, the Indian Penal Code, 1860, the Constitution of India, 1950, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ) and various state legislations also have been enacted to deal with the issue of prostitution and trafficking. The act does not make prostitution illegal per se. But it makes keeping and using of premises as a brothel, living on the income earned via prostitution, pimping, soliciting, seducing a person for prostitution in custody or otherwise and prostitution in a public area, etc. an offense punishable under the act. It, thus, means if prostitution is done independently or voluntarily then it won’t constitute an offense. This article highlights the different aspects and roles of institutions under the act.
Who is a Child?
Section 2 (aa) of The Prevention of Immoral Trafficking in Women & Children Act, 1956 defines “Child”. According to this provision, “Child” means a person who has not completed the age of sixteen years. However, it is proposed to be amended as “Child” which means a person under the age of eighteen years.
What is Child Trafficking?
Child trafficking is defined as any child who is recruited, transferred, transported, or received for exploitation, either within or outside a country. It causes physical and mental exploitation of the victims and thereafter they are not able to lead a healthy and stable life. Trafficking in human beings, especially in women and children has become a matter of serious national and international concern.
Causes
There is no root cause for child trafficking. There are, however, multiple reasons such as poverty, humanitarian crisis, and lack of education. The migration can also be voluntary.
Poverty
Poverty is the leading cause of child trafficking worldwide. Often parents are not able to provide for their families and consequentially exploit their children for financial reasons. These influencers lead to children being more inclined to take riskier jobs to sustain life for themselves and their families. The decision for parents to expose their children to child trafficking, due to poverty, is not always for monetary incentives, but also because a lack of education causes them to believe that migration elsewhere will provide their children with more opportunities, which will help them escape chronic poverty.
Humanitarian Crisis
Child trafficking is 20-30% higher after natural disasters. This was seen after the 2015 earthquake and 2010 earthquake in Haiti. The increase of sex trafficking after natural disasters results in the victimization of girls under the age of 18, specifically 33% of girls under the age of 18 in such areas. The reason is increased vulnerability and financial instability which arises after natural disasters hit.
Lack of Education
A lack of education and literacy furthermore makes families more vulnerable to traffickers. Parents are often unaware of the negative consequences of child trafficking and voluntarily send their children away. Additionally, children are often not aware of their rights and lack understanding regarding which of their rights are violated. There is a need to educate children on their rights because it will reduce the likelihood of manipulation and forced industry work. Informing children of their right to education will increase the net enrollment and grade completion rate.
Voluntary Migration
In 2013 youth migrants, ages 15–24 made up 12% of total migration. The term “child trafficking” is often misused when migration is voluntary. “Youth migration” refers to youth choosing to leave homes to access opportunities elsewhere. Opportunities such as quality education, employment, and adventure are often scarce in rural areas, which is why migration often occurs from rural to urban areas. The ILO stated that 27 million young people leave their countries of birth to seek employment abroad as international migrants. To make migration safer for youth, the UN adopted “Addressing migration opportunities and challenges is central to achieving sustainable economic and social development” to their new development goals, which are to be released in 2030.
Laws to tackle Immoral Trafficking in Children
The constitution of India explicitly prohibits the trafficking of human beings and forced labor and makes both offenses punishable under Article 23(1) of the Indian Constitution. Article 23(1) provides that ‘Traffic in human beings and beggars and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable by law’. The 1949 Convention against trafficking gave rise to the first Indian law against trafficking. The Suppression of Immoral Traffic Women and Girls Act 1956. The other legislations include
The Indian Penal Code, 1860: The India Penal Code, 1860 contains various provisions related to child trafficking. For instance, criminal penalties for kidnapping, buying or selling a minor for prostitution, abduction (including for compelling marriage), unlawful compulsory labor, importing/procuring girls, and buying or selling a person for slavery.
The immoral traffic prevention Act, 1956: It is the main legal instrument addressing the trafficking of human beings. The Act is focused on trafficking for prostitution. The prime objective has been to abolish traffic in women and girls for prostitution as an organized means of living.
The child labor (Prohibition and Regulation) Act, 1976: This Act prohibits the employment of children in the specific occupation which is outlined in Part A of the schedule of the Act. As per the Act, no child can work for more than three hours and the interval of rest for at least an hour is stipulated.
The Juvenile Justice (care and protection of children) Act, 2000: The main focus of this Act is to provide for proper care, treatment, and protection of a child’s development. Section 29 of the Act, empowers state governments to constitute child welfare committees. The section gives these committees the ultimate authority to dispose of the cases, Under Section 34, the state government can establish and maintain children’s homes for the care and protection of children independently and Section 39 is the prime objective of the children’s home or shelter is the restoration and protection of childhood.
Goa’s Children Act, 2003: Trafficking was given a legal definition for the first time in the Indian Jurisprudence under the Act. The definition of sexual assault was expanded to incorporate every type of sexual exploitation.
Judicial Intervention
In this modern era, Judicial Activism emerged as a tool for curbing Child trafficking from the grassroots level. Child trafficking refers to the recruitment, transportation, transfer, harboring, or receipt of persons, using the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power, or a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for exploitation.
In Vishal Jeet vs Union of India, (1990) 3 SCC 318, the Supreme Court while putting on record the growing exploitation of young women and children for prostitution and trafficking reported that despite the stringent and rehabilitative provisions of law under various Acts, it cannot be said that the desired result has been achieved.
The Supreme Court ordered for an objective multidimensional study and a searching investigation into the matter relating to the causes and effects of this evil and requiring most rational measures to weed out the vices of illicit trafficking. It stated that this malady is not only a social but also a socio-economic problem and, therefore, the measures to be taken in that regard should be more preventive rather than punitive. It was of the view that devastating malady can be suppressed and eradicated only if the law enforcing authorities in that regard take very severe and speedy legal action against all the erring persons such as pimps, brokers, and brothel keepers.
Apart from legal action, both the Central and the State Governments would have an obligation to safeguard the interest and welfare of the children and girls of this country and had to evaluate various measures and implement them in the right direction. The Court after bestowing deep and anxious consideration on this matter laid down guidelines for the formation of an Advisory Committee in all States and Central Government to oversee and prepare programs for combating trafficking.
In Public at Large vs The State of Maharashtra and Ors, on 31 July 1997: 1997 (4) BomCR 171, the Hon’ble High Court of Bombay stated that the traffic in children is not confined only to what larger scale than innocent members of this House may be aware – in what is known as White Slave traffic, namely, the buying and selling of young women including minor girl for export or import, from one set of countries to another; and their permanent enslavement or servitude to an owner or proprietor of the establishments of commercialized. In addition to this, it was held by the Hon’ble Supreme Court that a proper cell is created by the Women and Child Welfare Department of the State of Maharashtra to rehabilitate victims of trafficking in society.
In Prerana vs State of Maharashtra [2], after a police raid on a brothel, four pimps were arrested and twenty-four women and girls were taken into custody. The magistrate ordered a medical examination to, among other things, determine the women’s ages. He then ordered that the women 18 and over be released, and a few days later ordered the minor girls to be released. The magistrate explained that the girls had expressed a desire to be released. The Court held that this act violated the Juvenile Justice Act, that only a child welfare board could determine how the girls were to be released. The Court then set forth guidelines for courts dealing with girls taken from brothels in the future. This case is significant because victims of trafficking may need counseling and other medical services to prevent their re-victimization.
Munni vs State of Maharashtra Criminal Writ Petition No. 227/2011(Bombay High Court) Nagpur police raided the red-light area commonly known as Ganga Jamuna and rescued several minor girls from the brothel. The court observed that the peril of sexual abuse by immoral trafficking of minors to enter the business of prostitution by coercion is an age-old phenomenon and needs to be taken care of by both State and the Centre. Often conditions such as poverty, illiteracy lead to the road of the vulnerability of the weaker section. The court believed the State and Centre must protect such children from risk as their childhood is necessary.
Kamaljit vs State of NCT of Delhi 2006 [2] The court in its order stated that Govt. of India’s Action Plan of 1998 to combat trafficking and commercial sexual exploitation of women and children had not delivered the desired results and more stringent measures were the crying need of the day. The court stated that penal statutes of other countries dealt with ‘organized crime’ in supplying goods and services, including gambling, prostitution, loan sharking, narcotics, racketing, and other unlawful activities. In December 2002 India became a signatory to the “UN Convention Against Trans-National Organised Crime”, which includes the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. By becoming the participant in the Convention, a global instrument that advocates international and national action against organized crime, the Government of India has given a clear mandate to confront the evils of trafficking of women and children.
The court specified that Interpol defined organized crime as “any enterprise or group of enterprises engaged in continuing illegal activity which has its primary activities that bring together a client-public relationship which demands a range of good and services which are illegal.”
Bachpan Bachao Andolan vs Union of India & Others [3] Children’s rights, child labor, forced labor, human trafficking, sexual abuse. Bachpan Bachao Andolan, a non-governmental organization in India submitted a petition to the Supreme Court of India to take action against the use of child performers in India’s traveling circuses. A study found that children were being trafficked from Nepal or taken from their homes, exploited as child laborers in these circuses, and subjected to mental, physical, and sexual abuse.
In recognition that this practice violated child labor laws and regulations on a child’s right to an education, among other national and international statutes, the Supreme Court gave an order to prohibit the employment of children in circuses, raid circuses to free children, and establish rehabilitation schemes for the child victims. This case is an important victory for children’s rights in India, where parents often sell their children to work at a young age, and also displays the willingness of the Supreme Court of India to hear petitions from NGOs, offering an important avenue for human rights reform.
Budhadev Karmaskar vs State of West Bengal [4] The court pointed out the importance of rehabilitation of women who were forced into prostitution and instructed the central and state governments to ensure the same through Social Welfare Boards across the nation and to provide vocational and technical training. The court further stated that a woman is indulged in prostitution not for pleasure but of poverty.
Bandhu Mukti Morcha vs UOI [5] The Public Interest Litigation was filed before the Supreme Court under Article 32 of The Constitution of India to issue appropriate directions for the prohibition of Bonded Labour. The petitioner surveyed stone quarries situated in the Faridabad district. It was found by the petitioner that they were living in substandard conditions. There were a lot of middlemen who extracted the money from the workmen as commission.
The court directed the Central Government and the State of Haryana to install washrooms, suitable drinking facilities, provide medical kits to raise the living standards of the workmen. It directed the Central Government to conduct inspection every fortnight and in case, any workman is found in a distressed condition, he should be provided medical and legal assistance.
The court went on to observe that, This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements that must exist to enable a person to live with human dignity and no State nor the Central Government nor any State Government has the right to take any action which will deprive a person of the enjoyment of these essentials.”
Neerja Chaudhary vs State of M P [6] It was alleged by the petitioner that even though a long time has elapsed, quite a several laborers rescued from Faridabad quarries have not been rehabilitated. It was contended by the petitioner that the State Government was obligated to overlook the rehabilitation of rescued laborers and rehabilitation of laborers is necessary so our the Right to Life guaranteed to them under The Constitution of India, 1950.
The Hon’ble court held that as per the requirements of Articles 21 and 23, the bonded laborers need to be identified, rescued, and also rehabilitated. The court highlighted the importance of rehabilitation observing that in absence of any concrete measures for rehabilitation of rescued laborers, they would be driven into the state of poverty and substandard conditions again and it might lead them to the bonded labor system again.
M.C. Mehta vs State of Tamil Nadu 1996 6 (SCC) 756 The Supreme Court, in this case, issued various measures which have to be taken to provide support for the child laborer and his family. It stated that the premises of the offender should be sealed and they should be fined INR 20,000 which will be employed for the rehabilitation of the victim.
Madhu Kishwar vs the State of Bihar (1996) 5 SCC 125 The Apex Court, in this case, considered the various provisions of the Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW) and held that these provisions are an integral part of the Fundamental Rights and the Directive Principles of State Policy.
Geeta Kancha Tamang vs State of Maharashtra Criminal Appeal No. 858 of 2009 While denying the release of a women trafficker, on mercy grounds, who had served 14 months imprisonment the court stated that the first aspect that the Court has to consider for such a heinous crime is that trafficking in persons is prohibited under Article 23 of the Constitution of India. It is, therefore, the Fundamental Right of every Indian citizen not to be trafficked. Such act constitutes the grossest violence of the Human Rights of the victim child.
Gaurav Jain vs Union of India, (1997) 8 SCC While clearly stating the violation of Right to Life of trafficked victims the Supreme Court ordered the Union Government to form a Committee to frame the National Plan of Action and to implement it in mission mode. The Supreme Court ordered to constitute a Committee to make an in-depth study into these problems and evolve such suitable schemes for the Rehabilitation of trafficked women and children. A permanent Committee of Secretaries was formed to review the progress of the implementation on annual basis and to take such other steps as may be expedient in the effective implementation of the schemes.
Laxmi Kant Pandey vs Union of India (1984) 2 SCC 244 The Supreme Court while supporting inter-country adoption stated it is necessary to bear in mind that the primary object of giving the child in adoption is the welfare of the child, great care has to be exercised in permitting the child to be given in adoption to foreign parents, lest the child may be neglected or abandoned by the adoptive parents in the foreign country or the adoptive parents may not be able to provide to the child a life of moral or material security or the child may be subjected to moral or sexual abuse or forced labor or experimentation for medical or other research and may be placed in a worse situation than that in his own country.
The court has laid down procedures to check and monitor inter-country adoptions so that the children don’t end up trafficked.
Offenses and Punishments under The Prevention of Immoral Trafficking in Women and Children Act, 1956
The provides punishment for the offenses such as keeping and using of premises as a brothel, living on the income earned via prostitution, pimping or else soliciting for prostitution, seducing a person in custody and prostitution in a public area, etc.
Section 3 punishes any person who keeps or manages, or acts or assist in the keeping or management of, a brothel, on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction; with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.
As per sub-section (2) an owner-tenant, lessor lessee, or landlord-occupier shall be punished with at least two years with a fine of Rupees 2000 on first conviction and for subsequent conviction, the punishment may be enhanced to five years with a fine. A conviction from section 3 makes the lease of the place invalid where the brothel was run.
As per section 4, a person living his life from the money made by a prostitute can be imprisoned for two years or a fine of Rupees one thousand or both and if found such earning is made from prostituting a child or a minor then it can go up to ten years no less than seven years of imprisonment shall be served. One requisite of this section is that a person should be above the age of eighteen. (A pimp, tout, a person habitually living with a prostitute, etc.)
Section 5 of the PITA pertains to procuring, inducing, or taking [person] for the sake of prostitution. This offense is complete when a person procures another person for prostitution or induces such person to go from any place with intent that such person becomes the inmate of a brothel or to take such a person from one place to another to carry on prostitution”( Bombay HC in Bindo Ganesh Patil vs The State of Maharashtra [7]). The punishment is rigorous imprisonment of 3 to 7 years with Rs. 2000 fine. If it is done against a persons’ will or is minor then between seven to fourteen years and if the same is done with a child then it is seven years to life imprisonment.
Section 6 allows the court to punish a person detained in any place used for prostitution for seven to ten years imprisonment of either description along with a fine. The court has to provide special reasons if the punishment of fewer than seven years has been given to the accused. No legal proceedings would lie against any woman who has been detained under such premises by the detainer. But the presumptions can be drawn as such, if a child in a brothel is found to have been sexually abused then she has been detained for purpose of prostitution.
Section 7 (1) bars people to carry on prostitution within a specified area, violation of this provision leads to the imprisonment of three months. However, the punishment changes to seven to ten years with a fine if prostitution is committed within such specified areas with a child or a minor. The act defines the minor as a person under the age of 18 years. Any punishment less than seven years shall be recorded with special reasons in the judgment.
Section 7 (2) not only prohibits owner-tenant, lessor-lessee, or landlord-occupier or agent but even the keeper of a public place like hotels prostitution in public vicinity. For the first conviction, the punishment is three months with a fine of Rs. 200 and for subsequent conviction, it is six months with a fine. The license of the hotel where prostitution is carried can be canceled for a period not less than three months to one year. However, if a child or a minor is found in such a hotel for prostitution then the license can be canceled forever.
The act further provides punishments for other offenses including seduction or solicitation in public places, the seduction of a person in custody, non-compliance with the order of the magistrate, etc.
Government Initiatives to combat the trafficking of Children
The Ministry of Women and Child Development (MWCD) in an attempt to stop the trafficking of women and children has undertaken several initiatives. National Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children 1998, was formulated to mainstream and reintegrate victims of trafficking.
- The Ministry of Home Affairs has established an Anti Trafficking Cell to deal with matters relating to law enforcement response on Trafficking in human beings, excluding legislative, welfare, and promotional aspects, which are subject matters of the Department of Women & Child Development.
- Central Advisory Committee (CAB) was constituted to advise on methods and tactics to address the problem. Pre-rescue, Rescue, and Post-rescue operations of child victims of trafficking for the Commercial Sexual Exploitation protocol were published as guidelines for all stakeholders.
- The MWCD in collaboration with NIPCCD and UNICEF has developed three manuals for ‘Judicial Handbook on combating Trafficking of Children for Commercial Sexual Exploitation; ‘Manual for Medical Officers for Dealing with Child Victims of Trafficking and Commercial Sexual Exploitation; and ‘Counselling services for Child survivors of trafficking’.
- The Ministry of Home Affairs has set up a dedicated nodal Cell in the MHA for the prevention of trafficking. The cell is responsible for providing state governments with the necessary research, studies, and information.
- The ministry organizes workshops for NGOs on issues relating to the trafficking of children for commercial sexual exploitation. A special module for counselors of trafficked victims has been formulated.
- Suggested amendment of the Immoral Traffic (Prevention) Act, 1956 to widen its scope, focus on traffickers, human rights of victims, and focus on proper implementation.
- Training all stakeholders such as police, government officials, etc. to better understand the situation and hence respond properly to suspicious activity or person.
- Three pilot projects were implemented i)Pilot project to combat trafficking children for commercial sexual exploitation under the sanction of tradition ii) Pilot project to combat trafficking of children for commercial, sexual exploitation in source areas and iii) Pilot project to combat trafficking of children for commercial sexual exploitation in destination areas. The projects are in the process of being converted into a full scheme.
- With the Ministry of External Affairs, MWCD has endeavored to create special task forces to combat cross-border trafficking.
- Ministry of Home Affairs, in association with the United Nations Office on Drugs and Crime (UNODC), has initiated a two-year project for training of Law Enforcement Officers on human trafficking in four States, namely Maharashtra, Goa, West Bengal, and Andhra Pradesh. A Project Steering Committee has been constituted for steering, guiding, and monitoring the project. Through a series of training programs, the project will raise the awareness of Law Enforcement Officers (police & prosecutors) on the problem of human trafficking and further build up their capacity to better investigate the crime and prosecute the offenders perpetrating such crime.
- By addressing issues of poverty, illiteracy, lack of access to education and schools, lack of vocational skill and employment opportunities, the prevalence of age-old evil practices like child marriages, low status of women and girls in society, etc.
Even though ‘Police’ is a State subject under the Seventh Schedule of the Constitution of India and as such prevention and combating of the crime including crime against children is the responsibility of State Governments, the Government of India has been supplementing the efforts of the State Governments through various measures to combat trafficking in children for labor, sexual and other forms of exploitation.
The Ministry of Home Affairs (MHA) has provided financial assistance to all States for setting up Anti Human Trafficking Units (AHTUs). MHA also provides financial assistance to the States and Judicial Academies in States to hold ‘Judicial Colloquiums’ and ‘State-level conferences’ to sensitize police officials, judicial officers, and prosecutors about various provisions of law relevant to trafficking and their role in curbing trafficking. Meetings of Nodal Officers of Anti Human Trafficking Units of States & UTs are also convened on a periodic on human trafficking issues. MHA has also issued various advisories to the States and UTs from time to time on preventing and combating human trafficking.
For prevention of trafficking and rescue, rehabilitation, reintegration, and repatriation of victims of trafficking and commercial sexual exploitation, the Ministry of Women and Child Development is implementing the ‘Ujjawala Scheme’. Under the scheme, at present, there are 254 projects including 134 Protective and Rehabilitative Homes in the country. In these homes, the victims of human trafficking are also provided vocational training.
Further, to comprehensively address the various aspects of trafficking of persons including trafficking of children, legislation in the form of ‘The Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018’ was drafted by the Ministry of Women & Child Development. The Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018 was passed by Lok Sabha on 26.07.2018. The said Bill was then sent to the Rajya Sabha for introduction and passing. But, it could not be considered in the Rajya Sabha. Upon dissolution of the 16th Lok Sabha, the Bill has lapsed.
Role of UN in Preventing Child Trafficking
The United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000, is the main international instrument in the fight against transnational organized crime. It opened for signature by the Member States at a High-level Political Conference convened for that purpose in Palermo, Italy, on 12-15 December 2000 and entered into force on 29 September 2003.
The Convention is further supplemented by three Protocols, which target specific areas and manifestations of organized crime: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the Protocol against the Smuggling of Migrants by Land, Sea, and Air; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts, and Components, and Ammunition. Countries must become parties to the Convention itself before they can become parties to any of the Protocols.
The Convention represents a major step forward in the fight against transnational organized crime. It also signifies the recognition by the Member States of the seriousness of the problems posed by it. Further, it emphasizes the need to foster and enhance close international cooperation to tackle those problems. States that ratify this instrument commit themselves to take a series of measures against transnational organized crime, including the creation of domestic criminal offenses (participation in an organized criminal group, money laundering, corruption, and obstruction of justice); the adoption of new and sweeping frameworks for extradition, mutual legal assistance, and law enforcement cooperation; and the promotion of training and technical assistance for building or upgrading the necessary capacity of national authorities.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, was adopted by General Assembly resolution 55/25. It entered into force on 25 December 2003. It is the first global legally binding instrument with an agreed definition on trafficking in persons. The intention behind this definition is to facilitate convergence in national approaches about the establishment of domestic criminal offenses that would support efficient international cooperation in investigating and prosecuting trafficking in person cases. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights.
The Protocol against the Smuggling of Migrants by Land, Sea, and Air, adopted by General Assembly resolution 55/25, entered into force on 28 January 2004. It deals with the growing problem of organized criminal groups who smuggle migrants, often at high risk to the migrants and at great profit for the offenders. A major achievement of the Protocol was that, for the first time in a global international instrument, a definition of smuggling of migrants was developed and agreed upon. The Protocol aims at preventing and combating the smuggling of migrants, as well as promoting cooperation among States parties while protecting the rights of smuggled migrants and preventing the worst forms of their exploitation which often characterize the smuggling process.
The General Assembly resolution 55/255 of 31 May 2001 adopted the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components, and Ammunition. It entered into force on 3 July 2005. This protocol is the first legally binding instrument on small arms that have been adopted at the global level. The objective of the Protocol is to promote, facilitate and strengthen cooperation among States Parties. Thus it helps to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components, and ammunition.
By ratifying the Protocol, States commit to adopt a series of crime-control measures and implement in their domestic legal order three sets of normative provisions: the first one relates to the establishment of criminal offenses related to illegal manufacturing of, and trafficking in, firearms based on the Protocol requirements and definitions; the second to a system of government authorizations or licensing intending to ensure legitimate manufacturing of, and trafficking in, firearms; and the third one to the marking and tracing of firearms.
Conclusion
India has a very high volume of child trafficking. According to NCRB, one child disappears every eight minutes in the country. The government of India has taken various initiatives to tackle the threat. The parliament of India passed various legislations and there under the central and state governments take different measures for the prevention of child trafficking.
The PITA is the legislation to curb the mischief and offenses associated with immoral trafficking but it seems that the act is more regressive than progressive in some sense. The Act cannot fully serve its purpose as it deals with the matter only to some extent.
Indian laws do not have a clear legal definition of child trafficking. However, other laws are present which can assist in child trafficking – Indian Penal Code, Juvenile Justice Act 2000, Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988, Bombay Prevention of Begging Act, etc. Only introducing the laws will not solve the problem, there is a need for proper implementation of the laws as well. It is necessary to make education compulsory for all children and their parents should take the responsibility for providing education to their child. Thus, To fight against trafficking government, and non-government organizations, civil society, pressure groups, international bodies, all have to play an important role. Law alone cannot take care of all problems.
Endnotes
[1] Prerana vs State Of Maharashtra And Ors. on 7 October 2002: 2003 BomCR Cri, (2003) 2 BOMLR 562, 2003 (2) MhLj 105
[2] Kamaljeet Singh (In Judicial … vs State on 29 January 2008: 148 (2008) DLT 170
[3] Bachpan Bachao Andolan vs Union Of India & Ors on 18 April 2011, Writ Petition (C) No. 51 of 2006
[4] Budhadev Karmaskar vs State Of West Bengal on 14 February 2011, Criminal Appeal No. 135 OF 2010
[5] Bandhua Mukti Morcha v. Union of India & Ors. (1997) 10 SCC 549
[6] Neeraja Chaudhary vs State Of M.P. on 8 May 1984: AIR 1984 SC 1099, 1984 (2) Crimes 511 SC, 1984 LablC 851, 1984 (1) SCALE 874, (1984) 3 SCC 243
[7] Bindo Ganesh Patil vs The State of Maharashtra: MANU/MH/2420/2018
References
https://wcd.nic.in/sites/default/files/Draft%20proposed%20guidelines%20of %20Ujjawala%20Scheme.pdf
https://indiankanoon.org/doc/69064674/ https://blog.ipleaders.in/need-know-immoral-traffic-prevention-act-1956/
https://www.legalserviceindia.com/articles/chtraf.htm
https://wcd.nic.in/schemes/ujjawala-comprehensive-scheme-preventiontrafficking-and-rescue-rehabilitation-and-re
