HUMAN TRAFFICKING IN INDIA WITH SPECIAL REFERENCE TO GIRL CHILD: HUMAN RIGHTS AT STAKE
Abstract
A trade in human flesh i.e. the disposal of woman and children for immoral purposes is a new form of slavery which has replaced the purchasing human beings for life- long servitude which is the original form of slavery. In India, the worst form of trafficking in human beings takes place in the form of disposal of girl child for the purpose of prostitution or like immoral purposes. Section 2 (d) of the Protection of Human Rights Act, 1993, defines "Human Rights" which means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India. Trafficking in human beings is prohibited by Constitution. Article 23 embodies fundamental right to protection against exploitation. It prohibits trafficking in human beings which may take place in any form. The Indian Parliament has enacted, in 1956, the Suppression of Immoral Traffic in Women and Girl Act, 1956 in order to suppress this form of violation of the dignity and human rights of women, including girl child. Recently the Protection of Children from Sexual Offences Act, 2012 was also enacted for this purpose. At the same time, there are penal provisions in the Indian Penal Code also to put a check on this inhuman practice. India has been a signatory to many important International conventions like Convention on the Rights of Child (1989) and many more. However, as per the Report by the Ministry of Woman and Child Development, there are 3 million sex workers in India out of which 40% are minors and 75% of these minors have come in through trafficking. The present paper endeavors to explore the Constitutional safeguards, efficacy of present laws, Apex Court Judgments and to suggest the possible means to strengthen the concept of human rights in India with reference to human trafficking involving girl-child.
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