• Stambh Organization

HUMAN RIGHTS – A PROMINENT GROWING ISSUE


ABSTRACT

Trafficking has been identified as a significant concern in the modern era, and

female human trafficking is considered to be one of the most severe kinds of

human rights violations. Human trafficking is not a new or unique issue in

India, as history demonstrates. It is frequently likened to prostitution. It is the

third-largest category of organized crime in terms of earnings, after narcotics

and arms smuggling. Additionally, it is not incorrect to state that it is a

complicated issue that is viewed as the center point of crime in India and also a

type of exploitation that violates the most fundamental rights of trafficked

victims. The article attempts to emphasize the current situation and the many

elements of human trafficking in this regard. The article briefly discusses the

different reasons and circumstances that contribute to human trafficking.

Additionally, the study offered some insight into the judiciary's and

nongovernmental group's roles in combating women trafficking in India.

Keywords: Human Trafficking, Crime, Growing issue.

I. INTRODUCTION

Human trafficking is defined as the transportation, harboring, or receiving of

individuals for the purpose of exploitation by threat, coercion, abduction, or

deception. Human trafficking, particularly of women and children, has arisen as

a significant societal concern, constituting one of the gravest affronts to their

dignity and human rights. It is flagrant commercialization and co-modification

of the lives of innocent people. Though it is a transnational crime, India, along

with a number of other South Asian nations, is frequently utilized as a source,

transit point, and destination for traffickers. It is not only about human rights

violations; it is about human rights defeat. Not only human rights are eroding,

but also society and institutions bear some of the burdens. With rising violence

and entrenched patriarchal attitudes, the tasks of traffickers become simple.

Thus, the human trafficking of women and children, the most vulnerable group,

is a dismal narrative of human rights and dignity violations. According to the

Oxford definition, trafficking; refers to the act of dealing in anything

unlawfully. Additionally, it introduces new words such as drug trafficking,

weapons trafficking, and human trafficking. Human trafficking is defined


conceptually as the illegal activity of exploiting human beings in which they

are regarded as commodities for profit and then subjected to long-term

exploitation. 6 Human trafficking (HT) has grown to be one of the most

lucrative forms of organized crime, alongside narcotics and guns. This

organized crime of people trafficking has grown to a frightening level since the

extent of human rights crimes is incredible and inconceivable. The tragic thing

is that the general public is mostly unaware of this crime. Additionally, it is due

to its very secretive and covert character. It has become such a perplexing

problem that it has proven difficult to arrive at any consensus statistics since

many agencies forecast wildly disparate amounts. It has been dubbed

contemporary slavery. Human rights are the rights that a person possesses

merely by virtue of being a human being. Human rights are possessed by all

people equally, globally, and in perpetuity. All humans are born free and with

equal dignity and rights. They are equipped with reason and conscience and

should behave in a brotherly manner toward one another. Human beings,

according to Kant, have an inherent worth that inanimate things do not have.

Violation of a human right would therefore constitute a failure to acknowledge

the value of human life.

II. NOTABLE CHARACTERISTICS OF HUMAN RIGHTS

Human Rights are clearly distinguishable from other types of rights due to their

inherent features. The following are the distinguishing characteristics.

I. Inherited: The greatest distinguishing feature of human rights is that they are

inherent and natural.

II. Universality: Universality is the fundamental principle underlying human

rights. Everyone is entitled to all of the Declaration's rights and liberties. III.

Equality: Human rights relate to everyone having equal access to opportunities

and resources. Human Rights are based on the principles of justice, the rule of

law, and nondiscrimination.

IV. Feasibility: Human rights are defined by their feasibility or efficacy. That is,

Human Rights should never be regarded as an abstract or hypothetical notion. It

is influenced by societal values, standards, culture, and institutions.

Human rights, as a whole, comprise socio-economic, civic, political, and

cultural rights that are considered necessary for human beings to have a

dignified existence.


III. TYPES OF HUMAN RIGHTS AS BY THE UN DECLARATION

Many rights have been protected by the Universal Declaration of Human

Rights. These rights may be classified into the following categories, as outlined

in the document:

a) Human rights on a social or civil level:

(1) The right to life, liberty, and security of individuals

(2) The right to be free from slavery and servitude

(3) The right to be free from torture or inhuman or degrading treatment or punishment

(4) The right to be free from arbitrary intrusion into one's privacy, family, home, or correspondence

(5) The right to marry and have children and the right to property

(b) Political Human Rights

(1) Right to nationality

(2) Right to equality before the law and equal protection of the law

(3) Right to judicial remedies, a fair trial, and freedom from arbitrary arrest, detention, or exile (4) Right to freedom of thought, expression, belief, faith, conscience, and religion

(5) Right to peaceful assembly and association

(6) Right to participate in government

(c) Economic Human Rights:

(1) Right to social security;

(2) Right to work and equal compensation for equal labour;

(3) Right to organize trade unions;

(4) Right to relaxation and recreation; and

(5) Right to food, health, and an acceptable quality of life.

(d) Cultural Human Rights:

To safeguard the diverse cultures, traditions, and customs of human beings, the

Declaration of Human Rights includes certain rights, including the following:

(1) Right to participate in the community's cultural life; (2) Right to enjoy art

and to benefit from scientific advancement and its benefits; and (3) Right to

moral and material protection.

IV. A PROGRESSIVE PROBLEM IN THE COUNTRY

It is essential for an individuals overall growth to have respect for their human

rights. Fundamental rights, also known as Fundamental Rights of Citizens and

Foreigners are guaranteed by the Indian Constitution to both citizens and


foreigners. Basic rights that are specific are differentiated from fundamental

rights that are not specific. When it comes to civil and political rights, the rights

provided by the Constitution are often comparable to those granted by the

International Covenant on Civil and Political Rights (ICCPR), which is an

international treaty. Individuals are not covered under the International

Covenant on Civil and Political Rights. Thus, rights included therein become

the duty of a state only when they have been incorporated into the state's

internal legal system.

Indian authorities have identified human trafficking as a significant issue. With

an estimated 350 million children between the ages of 0 and 18 in the nation,

the per capita income remains low, and 26 percent of the population lives in

poverty, according to the United Nations. India has developed as a source,

transit, and destination country for men, women, and children trafficked for

forced labor and commercial sexual exploitation. With an estimated million

victims of human trafficking, India has developed into a transit center for

human trafficking. The inadequate political will to address the underlying

causes of human trafficking has facilitated its growth. Governments must

recognize that each person has a right to life, which includes the right to food,

education, and work, and must thus provide appropriate arrangements. To fight

slavery in India and other developing nations, a thorough knowledge of the

financial, political, and cultural power structures in society is critical. States

may establish commissions in collaboration with non-governmental

organizations to undertake thorough surveys and identify individuals engaged in

all kinds of human trafficking. This will aid in the process of rescue and

rehabilitation.

V. CONCLUSION

This argument shows that the concept of women trafficking is not new nor

unique; it has existed since the beginning of Indian civilization. Human

trafficking became a significant problem when the concept of globalization was

first introduced into the world. It has had a major impact on almost every sector.

In part, because the concept of trafficking is restricted to women and children,

who are the most vulnerable members of society to exploitation, there has been

a continuous increase in the number of people engaged in commercial sex work.

In spite of the fact that there are many legal measures in place to fight and

eradicate the concept of human trafficking, it is still seen as an organized crime

in society. Clearly, as shown above, there are many holes in the existing

legislative framework. Strict awareness campaigns should be conducted,

literacy levels should be raised, the state should provide innovative packages for

victim rehabilitation and the National Human Rights Commission should take

note of the difficulties that rescued victims are experiencing in stations and

make appropriate arrangements to close those gaps.

__________________________________________________________________________________Rokeya, Begum. (1997). Human Rights- An Overview in Historical Perspective, Sociological Journal, J.S.D. Volume -12 No 1, Dhaka.

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