HUMAN TRAFFICKING THEORY AND PRACTISE: COMBATING HUMAN TRAFFICKING: LEGAL RESPONSES AND CHALLENGES
Keywords:
Human trafficking, Legal responses, Effectiveness, Combating Human trafficking.Abstract
The issue of human trafficking as a grave violation of human rights has become a relevant topic for legal discussion. Every year thousands of human beings are trafficked by their own fellow beings all over the world and within the country. Socio-economic conditions, poverty, destitution, rural illiteracy, unemployment, lack of awareness about the traps made by traffickers, dysfunctional family life, and commercialization of sex etc. act as push factors for human trafficking. There are also many pull factors which include lucrative employment propositions in big cities, easy money, promises of better pay and a comfortable life by the trafficking touts and agents, demand of young girls for marriage in other regions demand for low-paid and underage labour, growing demand of young kids for adoption, rise in demand for women in the rapidly expanding sex industry etc. This paper is a descriptive analysis with the help of secondary data regarding the issue of human trafficking has done in this paper. The legal provisions for the prevention of human trafficking in the international and national context have been analysed. An assessment of major provisions of the International conventions and treaties regarding human trafficking and the codified laws of India under Indian Penal Code and other legislation against Human trafficking has also been analysed. It also examines the efficiency of existing laws against human trafficking. It takes an objective look at the strategies in place and also addresses measures which can be taken in combating human trafficking. The results indicate that the objective of the study seeks answers to various questions regarding the effectiveness of statutes against human trafficking. The prosecutions of trafficking are readily extrapolated to one or other manifestation of trafficking as prosecution really an appropriate measure ineffective anti-trafficking response. There are also risks associated with an expansionist conception of what constitutes trafficking which also affects the rigidity of legal prosecution. Another issue which was identified is prosecutors are often unaware of the legal framework around trafficking or oblivious of its use. The research compares the key performance of International law and Indian law on trafficking all around the world for the purpose of determining whether or not the laws produce the expected result of its enactment. It also provides important insights into the methods of combating human trafficking.
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References
1. "Combating Human Trafficking. A handbook for women, parents and children
, published by Human Rights Law Network.2011.
2. Human trafficking In India: An analysis, Vimal Vidushy International Journal of
Applied Research 2016; 2(6): 168.
3. TRAFFICKING AND THE LAW, JUDGEMENTS ON EXPLOITATIVE LABOUR
432 (2d ed, Human Right Law Network,.2011)
4. India's human trafficking law and policies and the UN protocol: Achieving clarity.
5. The Protection Of Children from Sexual Offences Act, 2012.[ No. 32 OF 2012.Kamal
publishers.
6. "International Law and Human Trafficking". By Lindsey King on the Tropical research
digest.
7. Indian Penal Code, Retinal and Dhiraj Lal,33rd edition. LexisNexis..
8. Indian Kanoon Search engine for Indian Law https://indiankanoon.org/advanced.html
9. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention Against Transnational
Organized Crime, Nov. 15, 2000,2237 U.N.T.S. 319, available at
http://www.osce.org/odihr/19223
10. Special correspondent;171 rescued child labourers sent back to Bihar by train", The
Hindu, August 10, 2017, at pg.no..2.
11. The Juvenile Justice (Control and Protection) Act,2000& The Juvenile Justice (Control
and Protection )Act,2015
12. The Criminal Law (Amendment) Act, No. 13 of 2013, available at
http://indiacode.nic.in/acts-inpdf/132013.pdf.
13. The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities )Act,1989.
14. The United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
Especially Women and Children: A Tool for Criminal Justice Personnel." UNODC.
www.ungift.org/docs/ungift/pdf/knowledge/unafei_analysis.pdf
15. Under Secretary for Civilian Security, Democracy, and Human RightsOffice to Monitor
and Combat Trafficking in Persons, y narrative
https://www.state.gov/j/tip/rls/tiprpt/countries/2017/271205.html.
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