ISSUE:
Human Trafficking
July 30 is the United Nations World Day against Trafficking in Persons.
Human Trafficking
July 30 is the United Nations World Day against Trafficking in Persons.
Why in News:
A Bill is introduced to the Cabinet which if passed by both the houses of the Parliament may become and Act.
Title:
The Trafficking in Persons (Prevention, Care and
Rehabilitation) Act, 2021.
What is the Bill:
A BILL to prevent and counter trafficking in persons, especially women and children, to provide for care, protection, and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them, and also to ensure prosecution of
offenders, and for matters connected therewith or incidental thereto.
Past:
In the year 2018, a similar bill was introduced but was not approved as it received a lot of opposition. The new draft has some additions making it different from the earlier one.
EXTENT
(1) It shall extend to whole of India, and it applies to-
(a) all citizens of India within and outside India;
(b) persons who commit offences under this Act beyond India against Indian citizens or affecting the interests of Indian citizens or of India;
(c) persons on any ship or aircraft registered in India wherever it may be or
carrying Indian citizens wherever they may be;
(d) a foreign national or a stateless person who has his or her residence in India at
the time of commission of offence under this Act.
(3) This Act shall apply to every offence of trafficking in persons with crossborder implications.
EXTENT
(1) It shall extend to whole of India, and it applies to-
(a) all citizens of India within and outside India;
(b) persons who commit offences under this Act beyond India against Indian citizens or affecting the interests of Indian citizens or of India;
(c) persons on any ship or aircraft registered in India wherever it may be or
carrying Indian citizens wherever they may be;
(d) a foreign national or a stateless person who has his or her residence in India at
the time of commission of offence under this Act.
(3) This Act shall apply to every offence of trafficking in persons with crossborder implications.
Extending the scope of the bill to every Indian who is becoming a victim of trafficking ensure inclusive and safe environment to every individual of the country, which is very important.
In some Bollywood movies, (which generally lacked logical concepts) many scenes have been depicted showing the practice of trafficking in and outside the country awestrucked me that in real such thing happens not only with immature and young children but also with the adults who are educated enough to decide their good and bad. In search of livelihoods, home, love, marriage, passion they become a victim of this henious crime.
WHAT ACTUALLY IS HUMAN TRAFFICKING?
According to me, it is an immoral act of taking the advantage of the weak and disadvantaged section of the society by captivating and making them to leave their home places and making them engaged in the activities which hurt them physically, mentally and emotionally.
Reasons behind Human Trafficking:
1) Need of cheap labour
2) Economic crisis
3) Absence of parental care
4) Loss of livelihoods
5) SOCIAL MEDIA
and many more.
My favorite is social media. Yes, it may sound a bit controversial of having likes and dislikes in such a theme. But social media is my favorite because I am a youngster, who is a part of social media wasting my time surfing through the memes and chatting. Social media is for a bigger purpose which we the majority of the youth isn't understanding. The very significant source of human trafficking is Socila media. Shiny advertisements attracting children, women and the youth can be fake. Talking to strangers has now become a trend where these individuals are trapped once they leave their houses to meet them up. Isn't it so reckless? Are we actually utilising the resources effectively? Not being aware, using it for crimes, is it for what the apps are made? Here, is where the school and education plays an important role for awareness. Well let's stick to the topic.
What role does the International Organisations play in this area: Here are some initiatives.
Blue Heart Campaign: The Blue Heart Campaign is an international anti-trafficking program started by the UNODC.
The United Nations Office on Drugs and Crime (UNODC) is responsible for implementing the protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000 as a part of the UN Convention Against Transnational Organised Crime. It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them.
Universal Declaration of Human Rights (1948) is a non-binding declaration that establishes the right of every human to live with dignity and prohibits slavery.
India do have many laws for protecting the citizens of it's country from trafficking. They can be listed as:
Article 23 (1) in the constitution of India prohibits trafficking in human beings and forced labour.
The Immoral Traffic (Prevention) Act, 1956 (ITPA) penalizes trafficking for commercial sexual exploitation.
India also prohibits bonded and forced labour through the Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, and Juvenile Justice Act.
Sections 366(A) and 372 of the Indian Penal Code, prohibits kidnapping and selling minors into prostitution respectively.
Apart from this, the Factories Act, 1948 guaranteed the protection of rights of workers.
Section 370 of Indian Penal Code: Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
So we now know, that the country has its laws and rules in the area of protecting the dignity of the citizens. Then why are the humans still trafficked? It is because of the inefficient implementation policy, lack of adaptive co managment, unawareness in the society, lack of technology to trap and record the cyber crime activities efficiently, lack of bottom top approach, illiteracy, lack of severinity of the punishments in case of offences, interference in the judicial activities, lack of access to psychological counselling etc. etc. etc.
This doesn't mean that India is not responding to such issues efficiently, it is responding but with the low rate in proportion to the rate at which such crimes are increasing and encouraging.
By going through these points, some stakeholders can be listed as follows:
1) NGO
2) Childline Helpline
3) Media
4) Factory/ Industry Owners
5) Police
6) School
7) Society
8) Anti Human Trafficking Units
9) Counsellors
10) Judiciary
11) Government
This reflects that every individual of the society is responsible to the crime of Human Trafficking. If we unite, if we are aware, isn't there a possibility of the decline of such practices.
By understanding the ineficiency of the laws some solutions could be added in the formulation of the bills or drafts. They can be:
1) Proper staffing and funding of such institutions
2) Community based awareness ad vigilance activities
3) incentivising education and creating safe employment opportunities
4) increasing punishment for offences
5) attention to be paid to the challenges prosecutors and judges face in trafficking cases
6) Proper case management
7) Availability of affordable and qualitative psychological counselling
Significance of bill:
My favorite is social media. Yes, it may sound a bit controversial of having likes and dislikes in such a theme. But social media is my favorite because I am a youngster, who is a part of social media wasting my time surfing through the memes and chatting. Social media is for a bigger purpose which we the majority of the youth isn't understanding. The very significant source of human trafficking is Socila media. Shiny advertisements attracting children, women and the youth can be fake. Talking to strangers has now become a trend where these individuals are trapped once they leave their houses to meet them up. Isn't it so reckless? Are we actually utilising the resources effectively? Not being aware, using it for crimes, is it for what the apps are made? Here, is where the school and education plays an important role for awareness. Well let's stick to the topic.
What role does the International Organisations play in this area: Here are some initiatives.
Blue Heart Campaign: The Blue Heart Campaign is an international anti-trafficking program started by the UNODC.
The United Nations Office on Drugs and Crime (UNODC) is responsible for implementing the protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000 as a part of the UN Convention Against Transnational Organised Crime. It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them.
Universal Declaration of Human Rights (1948) is a non-binding declaration that establishes the right of every human to live with dignity and prohibits slavery.
India do have many laws for protecting the citizens of it's country from trafficking. They can be listed as:
Article 23 (1) in the constitution of India prohibits trafficking in human beings and forced labour.
The Immoral Traffic (Prevention) Act, 1956 (ITPA) penalizes trafficking for commercial sexual exploitation.
India also prohibits bonded and forced labour through the Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, and Juvenile Justice Act.
Sections 366(A) and 372 of the Indian Penal Code, prohibits kidnapping and selling minors into prostitution respectively.
Apart from this, the Factories Act, 1948 guaranteed the protection of rights of workers.
Section 370 of Indian Penal Code: Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
So we now know, that the country has its laws and rules in the area of protecting the dignity of the citizens. Then why are the humans still trafficked? It is because of the inefficient implementation policy, lack of adaptive co managment, unawareness in the society, lack of technology to trap and record the cyber crime activities efficiently, lack of bottom top approach, illiteracy, lack of severinity of the punishments in case of offences, interference in the judicial activities, lack of access to psychological counselling etc. etc. etc.
This doesn't mean that India is not responding to such issues efficiently, it is responding but with the low rate in proportion to the rate at which such crimes are increasing and encouraging.
By going through these points, some stakeholders can be listed as follows:
1) NGO
2) Childline Helpline
3) Media
4) Factory/ Industry Owners
5) Police
6) School
7) Society
8) Anti Human Trafficking Units
9) Counsellors
10) Judiciary
11) Government
This reflects that every individual of the society is responsible to the crime of Human Trafficking. If we unite, if we are aware, isn't there a possibility of the decline of such practices.
By understanding the ineficiency of the laws some solutions could be added in the formulation of the bills or drafts. They can be:
1) Proper staffing and funding of such institutions
2) Community based awareness ad vigilance activities
3) incentivising education and creating safe employment opportunities
4) increasing punishment for offences
5) attention to be paid to the challenges prosecutors and judges face in trafficking cases
6) Proper case management
7) Availability of affordable and qualitative psychological counselling
Significance of bill:
As noted the bill is extended to every citizen of India including the transgender community, or any other person.
Also, cases such as forced labour, in which people lured with jobs end up in other countries where their passports and documentation is taken away and they are made to work, will also be covered by this new bill.
The bill also introduces a strict punishment in respective cases. Like imprisonment for 7 years minimum or life imprisonment in cases of death of the victim or any severe injury being caused to the victim. The bill also talks about death sentence and penalty upto 30 lakhs. Any property or asset brought by the amount gained by trafficking is subjected to be taken away from the criminal.
Thus, the security of the citizens is very important. The bill is being introduced to the Cabinet and then will be presented in the Parliament.
Also, cases such as forced labour, in which people lured with jobs end up in other countries where their passports and documentation is taken away and they are made to work, will also be covered by this new bill.
The bill also introduces a strict punishment in respective cases. Like imprisonment for 7 years minimum or life imprisonment in cases of death of the victim or any severe injury being caused to the victim. The bill also talks about death sentence and penalty upto 30 lakhs. Any property or asset brought by the amount gained by trafficking is subjected to be taken away from the criminal.
Thus, the security of the citizens is very important. The bill is being introduced to the Cabinet and then will be presented in the Parliament.
