DHAVAL PATEL HUMAN TRAFFICKING 15 DECEMBER, 2014

In India, Human Trafficking is a crime that ruthlessly abuses women and children for various

purposes such as commercial sexual exploitation, forced labour, forced marriages, domestic

servitude, forced organ removal and begging which is a pre-planned crime that gravely

violates basic human rights.(Maximilian Werner, 2008) Preventative steps are essential in the

battle against human trafficking. It is important to raise awareness and warn everybody to be

alert. More people are getting to be aware about the terrors of human trafficking and there are

several international laws to reduce human trafficking in all over the world, however, these

laws are still not obeyed and execution stays inadequate. Only rare traffickers are sentenced

and the dominant part of victimized people never gets help. This resource presents arguments

on Government law enforcement, anti-trafficking interventions and NGOs activities to reduce

human trafficking.

India is a base, destination and transit in south Asia for human trafficking. Around 20 to 65

million people forced for human trafficking. India has 90% of interstate and 10% of

international human trafficking. Only Poverty and discrimination are not reasons for human

trafficking but there are some other factors also responsible for human trafficking which

includes high flow of immigrant, high demand of sex worker and generic gender. Apart from

that a lack of community responsibility for social security and absence of strong legal

framework are the main cause for human trafficking. (Sadika hameed, 2010)

Parliament of India provides vital effort for reducing human trafficking problem. It has been

argued that the Government of India does not fully comply with the minimum standards for

the eradication of trafficking also government tactics toward human trafficking was an

uncoordinated and disorganized manner; however, it makes significant effort to reduce

human trafficking. To improve the countrys law about trafficking and forming more harsh

sentences for trafficker, government of India amended panel code in April 2013 also Anti-

human trafficking units are established continuously by the Ministry of Home Affairs (MHA)

DHAVAL PATEL HUMAN TRAFFICKING 15 DECEMBER, 2014

which are responsible for combining legislation and rehabilitation. In addition, many NGOs

and local units also work to overcome human trafficking. (U.S. department of state, 2013)

Government started anti-trafficking interventions that include main four programs prevention,

protection, prosecutions and capacity building. Different people opinion toward government

creativity varies; half people believe that government makes temperate efforts to reduce

human trafficking by these policies, however, Human rights organisation and NGOs have

claimed that government fail to stop human trafficking because of their system. One example

of that are fast track courts which are insufficient and prosecutions take time up to eight year

or more, during which evidence may be lost and witnesses fed away, and acquittals become

the norm. For instance, India has been placed on a Tier 2 Watch list for five successive years

for failing to provide evidence of increased efforts to address trafficking of people, poor

progress in coordination of law enforcement of human trafficking in both domestic and

across border.

Human trafficking sufferers are not getting proper protection and assistance from NGOs and

government. Ministry of home affair delivered fund for victims in order to provide them

medical, rehabilitation, return, and legal assistance to Indian citizens living in foreign, some

of them may be trafficking victims and also provide same to domestic victims, however, it

has been argued that government and NGOs did not provide shelter or other assistance to

their victims. NGOs and government have not enough moneys to provide all victims good

food or shelter. Indeed, these organisations become overcrowded and unhygienic. In addition,

Indian cities and states protect their trafficking victims only in the absence of strong NGOs.

The government did not encourage trafficking victims to contribute in investigations or

actions against their unproven traffickers and sometime police behaved badly with victims

DHAVAL PATEL HUMAN TRAFFICKING 15 DECEMBER, 2014

while questioning. Foreign victims are not offered with appropriate allowed alternatives.

(U.S. department of state, 2013)

Although having worlds biggest democracy, the United States of America also facing

problem of human trafficking. From Trafficking in person report-US department of state

(TIPS) India is similar destination country as United States in human trafficking. India and

United States are different at some stages majority religion, social structure, poverty levels,

cast issues, and global fame; however, both countries are similar in the demand of the

trafficked victims. Human trafficking total eradication is a complex problem because of their

three platforms those are before, during and after. It is importance to examine each of them

separately because of different investigation, request and impact of victim. India and United

states both individually fight to eliminate the problem of human trafficking but both of them

are at the different stages from the TIPS report, report indicate that US government fully

comply to overcome this problem so US is put into Tier 1 on the other hand India is placed in

Tier 2 because of system less effort.

Legislation and enforcement against human trafficking is making progress in United States

and regress in India. United States government always encourage victim-centred approach

among all cities, state, federal law enforcement. Moreover, the United States are also

successful to provide enough protection for foreign trafficked children by giving those

benefits and services after identification. In addition, the United States have harsh

punishment of life imprisonment with 10 year minimum for minor trafficking and 15 year for

forced or sex or coerced trafficking so that the United States are successful in both

prosecuting and punishing human trafficker with provide protection to victims. On the other

hand Indias justice system does not respond as well as the United States also Prosecution

system in India takes too much time to reach at the outcome of the case so in the meantime it

DHAVAL PATEL HUMAN TRAFFICKING 15 DECEMBER, 2014

faces problems like disappear of evidence or victim change their mind because of pressure

until that trafficker free and their network of trafficking also runs.

Police force might have not making equal effort to overcome human trafficking in India also

having discrimination in selecting women as a police. Non-government organisation Odanadi

(Mysore, India) has been argued that police officers are also often customer in Indian brothels

because pimps want permission to run these brothels, moreover, $0.33 out of $1.83 paid by

customer in brothel went to police and if the new trafficked girl or woman arrived than

brothel owners paid around $700 to police for registering of this victim so police put that

victim in lock up for one day and make falsified first information report and present victim

report in court to save the brothel owner from big charges in future, however, to overcome

these situations government starts women in police but Women in the police are under-

utilized and under-employed. In 2010, women in the other sector of India were 20.41 per

cent, while women in the police department were only 4.59 per cent. Gender discrimination is

a major reason for this under-utilization. Government have to defend this negative

discrimination which dispirit women from providing best effort in organisations (Sahgal,

2007). Men and women have different personality traits and behaviour patterns. If these

differences are managed with proper understanding and care, they are helpful in creating an

excellent work environment within the police organization. However, both the lack of

sensitivity and over-sensitivity of the government and the male police personnel have made

women in the police psychologically weak. The government should formulate and strictly

implement policies that guarantee genuine equality between the male and female workforce

in the police departments.

Government should train former victims to become Rescue and Rehabilitation Experts but

it is important that these RREs only work for IAHTUs and not involve in other NGOs so they

DHAVAL PATEL HUMAN TRAFFICKING 15 DECEMBER, 2014

can focus clearly on progress of victims. If former victims are reintegrated to their home and

people already knew about their exploitation than it is very difficult for victim to live in that

environment. Moreover, poor authorisation during the rehabilitation process leads to many

victims to go back to their abusive situations (The Asia foundation, 2010). On the other hand,

Former victims were already suffered from this situation, so, they can easily understand

condition of other victims and help them to free from traffickers, provide them courage and

also provide basic needs by rescue them and rehabilitate them. In addition, it will beneficial

for both former victim and other victims to live their new and pleased life.

Agglomerating all the points elaborated above, it can be concluded that, it is important to

eliminate or reduce human trafficking at minimum level in India. There are some provisions

to prevent the human trafficking; however, these laws and legislations are not able to resolve

the issue. So, the combine effort of government and individual are essential to curb the issue

of human trafficking sustainably. Moreover, Government needs to improve their strategy in

prevention, protection and prosecution for the human trafficking victims and deliver full

support to Anti human trafficking units (AHTUs). In addition to that, scale up NGOs, raise

numbers of women police officer and train former trafficking victims to become rescue and

rehabilitation experts should also helpful for reduce human trafficking in India.