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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