Sex Trafficking And Prostitution Criminology Essay

Sex callingking And Prostitution Criminology EssayTrafficking n its dictionary meaning, the concept of trafficking de nones a trade in something that should not be traded in. The concept of trafficking in sight refers to the criminal practice of exploitation of charitable beings whereby gentlemans ar treated as commodities for profit, unresolveded to various forms of exploitation. Sex trafficking is a type of human traffickingThe translation contains three main elements that constitute trafficking11.Acts- recruitment, transportation, transfer, harbouring or receipt of a person.2.Means Threat/ map of delineate , early(a) forms of irresistible impulse, abduction, fraud, deception or abuse of power or of a position of vulnerability.3. Purpose- Prostitution, compel tire out or operate, slain truth , slavery similar practices servitude, organ trade.Trafficking involves the followingMovement of a person, with deception or coercion and into a situation of labored labour, ha rlotry slavery like practices servitude.Trafficking piece of ass occur with or without crossing any international border.Prostitution is the sale of sexual services for money. harlotry the word itself speaks about the plight of the women. it is not a problem which exists in India but exists byout the world. The Prostitution continued from ancient and medieval India and has taken a more gigantic outlook in modern India. India is one of the biggest market for prostitution in Asia with Mumbai alone Accommodating 200,000 lady of pleasures.The 1990s also witnessed a significant shift in the perception of flesh trade, by differentiating prostitution from trafficking, seeing it not merely as a moral or fairness enforcement problem, but as a human rights(including legal and democratic rights).violation linked to gender discriminate and disparity in development.Difference between trafficking and prostitution- often, trafficking is confused with prostitution. These argon not synonymous. Trafficking is the process/ agent while prostitution can be the result/end (of being trafficked). Trafficking is therefore the overall process while prostitution is the result.Human trafficking is the acquisition of people by improper means such as force, fraud or deception, with the aim of exploiting them.2Human trafficking has a history contiguous with that of society and has existed in various forms in almost all civilisations and cultures. It is a trade that exploits the vulnerability of human beings, especially women and children, in complete violation of their human rights, and cites them objects of financial transactions through the use of force and duress, whether for the map of sex, labour, slavery, or servitude.The concept of trafficking denotes a trade in something that should not be traded in. Human trafficking as defined by the UN is, the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over some other person, for the purpose of exploitation. Exploitation shall take, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, compel labour or service, slavery or practices similar to slavery, servitude or the removal of organs.3Human trafficking includes sexual exploitation, labour trafficking, and so forth Nowadays level off cross-border human trafficking is prevalent. India has a huge population and because of that and our dwindling economy many people live below the poverty line. The smugglers and marketers promise them a better life- a ray of hope, jobs as domestic servants, in the film world or in factories. They can offer them money, pleasure trip invitations or false promises of marriage. The main targets arg on the brusque, helpless people are the ones who are exploited the most. tender and spectral practices too spend a penny been a big cause.The recruiters are the first in the chain -procurer- they may be parents, neighbours, relatives or lovers or people who bemuse been trafficked before. The procurers prompt to the potential sites for dupes which mostly are the poverty-stricken areas where there has been no proper rehabilitation and then they haunt the bus stops, railway stations, streets, etc. The period they guide for trafficking depends on if that place has suffered a drought or social or political disasters recently, so that it would be easier to lure in the already suffering victims. The procurers use drugs, abduction, kidnapping, persuasion or deception to bag the targets. They hand the victims to the brothel owners, escort services, or managers of a sex establishment.Sex Trafficking The ConceptWomen and children from developing countries, and from vulnerable part o f society in developed countries, are lured by promises of decent employment into leaving their homes and travelling to what they consider will be a better life. Victims are often provided with false travel documents and an unionized network is used to transport them to the destination country, where they find themselves forced into sexual slavery and held in inhumane conditions and aeonian fear.In India, public debate on the issue of trafficking of women and children for commercial sexual exploitation emerged in the 1990s.4Trafficking of Human being is one of the gravest and worst forms of violation of the underlying human rights. Besides the physical trauma mental injuries that the victim suffers in the process are often unbearable. Victims lead a life of complete desperation with no hope to emerge out of their pathetic conditions and in this state of neglect lead their lives in completely inhumane conditions. The traffickers deprive the victims of their most introductory human rights. Victims of sexual abuse are subjected to physical vehemence and sexual abuse, and are held under duress against their will. They receive low or no wages. Hence, they bedevil little or no savings. This combined with indebtedness to the trafficker keeps them in a situation of debt bondage and slavery. What gives impetus and fuels this business of flesh trade is a situation where a victim of sex trafficking is sold against her wishes to a brothel by her procurer and the money that the procurer gets in return for her is a debt which the victim is compelled to pay in order to earn her freedom. What adds on to this problem is that a victim is often uneducated and unaware of the debt on her and continues to work for years to make in the flesh market under the belief that one day she would earn her freedom by repaying this entire amount. The victims are forced to work in extremely harsh and inhumane conditions, in extremely long working hours with little or no fourth dimension for rest and also in a state of total physical confinement and bondage similar to imprisonment and have little or no control over their own movement. They are subjected to poor living conditions with abysmal hygiene and sanitation facilities.5Their extremely pitiable state is intensified when a victim contracts various diseases, unwanted pregnancies, physical injuries etc. They are on a high risk of STD, AIDS, human immunodeficiency virus, hepatitis, tuberculosis etc. Victims have no recourse to even so so the basic medical needs and facilities. Social stigma and ostracism is the other problem the victims of sex trafficking made to undergo. in that location is no acceptance for a victim in the society during her stay and even after it if someone tries and emerges out of the clutches of a trafficker. Victims of trafficking are not accepted even by their family members thereby leaving them with no hope to even to them emerge out of it as the prospects of social rehabilitation and a cceptance into the society seem not quiet alluring to a victim. They are exposed to drugs and other addictions, and sometimes forcibly made addicts in order to retard their continued dependence on the trafficker. Once the victim falls into a traffickers clutches, she will be exploited without any hope of redresal as long as she is capable of earning. After she becomes old or ill, or is infected with HIV/AIDS, the trafficker abandons her. He no longish arranges for her bail or pays the fine for her pleading guilty, and she is left alone to face trial and the due process of right.Trafficking is an offence and the trafficker is nonimmune to punishment, regardless of the consent of the trafficked person. Other than the fact of being trafficked, the traffickers deprive the victims of their most basic human rights in the following manner6 They are subjected to physical violence and sexual abuse, and are held under duress against their will. They receive low or no wages. Hence, they h ave little or no savings. This combined withindebtedness to the trafficker keeps them in a situation of debt bondage and slavery.7 They are forced to work extremely long hours in inhuman working conditions leaving little time for rest. They live in conditions of physical confinement similar to imprisonment and have little or no control over their own movement. They are subjected to poor living conditions with abysmal hygiene and sanitation facilities. The trafficker restricts their access to health or medical facilities. They face social stigma and social ostracism in their daily lives and as a result undergo constant humiliation. They are exposed to drugs and other addictions, and sometimes forcibly made addicts in order to operate their continued dependence on the trafficker. They face a continuous assault on their physical, psychological, and emotional health. They face health risks such as physical injury, STD, HIV/AIDS, unwanted pregnancies, repeated abortions, gynaecological diseases, tuberculosis, and other disease. They also face worrying from the police and prosecution, and convicted by the judicial system under the ITPA. When they are no longer in a position to earn, they are abandoned and even the families who lived off their earnings do not support them Children of women in prostitution, especially daughters, are accustomed to being trafficked themselves. They have no access to education and basic needs of life1.1 Reasons for TraffickingTrafficking occurs not only for prostitution/commercial sexual exploitation. Women and children are trafficked for several(prenominal) other purposes, some of include compel labour, including bonded child labour, in the carpet, garment, and other industries/factories/worksites.8 Forced or bonded domestic work may be bought and sold or forced to work in inhuman and violent conditions that include sexual abuse.9 Forced labour in construction sites with little or no wages.10 Forced employment in the entertainment i ndustry, including bars, massage parlours, and similar establishments. In addition to poor or no pay and bad living conditions, sexual harassment is common. Children are sometimes trafficked for begging. Organ trade such as sale of kidneys.11 Fraudulent or forced marriage this includes sham, fraudulent, and illegal marriages, entered into by the man, residing in India or abroad, with the criminal intention of sexually exploiting the woman. Mail order brides where women are purchased or lured with false promises of a marriage abroad and subsequently recruited into prostitution is also a form of trafficking. Camel joc fall uponing often involves the sale of young children who are tied on a camels back for racing. Children are often badly hurt or killed in such races. Purchase and sale of babies for adoption, both within the country and abroad, against established laws and procedures for adoption.1.2 CausesThere are several factors that lead to trafficking of women and children or cau se them to become victims of trafficking. These factors can be broadly classified into two categories supply factors and demand factorsSupply Factors Abject poverty sometimes forces parents to sell their children to traffickers. Harmful cultural practices often make women and children extremely vulnerable. Child marriage is sometimes the route for a child to be trafficked for sexual purposes. The stigma attached to single, widowed, and abandoned women, or second wives through bigamous marriages, causes such women to be abandoned by society. They become easy targets for traffickers. Female illiteracy and lack of access to education by girls. Male unemployment and tone ending of family income puts pressure on women to earn and support the family. Natural calamities and poor rehabilitation of disaster victims puts pressure on women to earn and support the family. Dysfunctional families or families that have difficulty functioning and communicating in emotionally healthy ways a family that has a negative environment, which contributes little to the personal development and growth of family members.12 desertion by one or the other parent, uncared for or abandoned children. Traditional practices give social legitimacy to trafficking. These include the Devadasi and Jogin traditions where Devadasis are often trafficked and sexually exploited. This is equally applicable to other communities such as the Nats, Kanjars, and Bedias where traditionally girls are made to earn through prostitution. Porous borders. Weak law enforcement and inefficient and corrupt policing of theborders ensure that women from neighbouring countries are brought into India and forced into prostitution in different towns. Clandestine nature of the annoyance and weak law enforcement. The crime does not come to light very often because of its clandestine nature. Victims are unable to access justice and even when they attempt to do so, weak law enforcement enables the traffickers to escape. Urban opportunities. Many women are any lured by false promises of jobs in urban areas or they voluntarily migrate to urban areas on hearing about the opportunities in cities from their neighbours and friends. When a woman is pushed into prostitution due to these causes, the issue of consent of the trafficked person is not relevant. Even if a woman knows that she is being trafficked and gives her full consent, it does not absolve the trafficker of guilt. Trafficking is an offence irrespective of the womans consent (Sections 5 and 6 of the Immoral Traffic(Prevention) Act, 1956).Demand Factors Rising male migration to urban areas and demand for commercial sex. Growth of tourism, which sometimes indirectly encourages sex tourism. die of HIV/AIDS and prevalent myths on sexuality and STDs (Sexually Transmitted Diseases) leads to greater demand for newer and younger girls. The number of trafficked girls thus increases and their age decreases.1.3 Concerns on Trafficking in IndiaIn the constit ution of India Trafficking is prohibited.13Yet India is the Destination, source and transit for human trafficking primarily for commercial sexual exploitation, forced labour and with the falling sex ratio trafficking for marriages has become another factor for trafficking women and young girls.Trafficking of persons across the borders of Punjab and Bangladesh is not a cumbersome process, also Indias Policy of an open border with Nepal has made it difficult to identify trafficking.14There are a number of factors which are responsible for influencing trafficking of women and young girls in India. Women and young girls may be trafficked in India due to cultural practices and also because of poverty.Cultural Practices include the Devdasi System which is still prevalent in some parts of India as shown in a 2004 report by the National Human Rights Commission of the regime of India.15There are again many women who willingly migrate to the middle East, Europe and the United States to work as domestic labor who are defrauded by the placement agencies and sometimes trafficked. Women and Children trafficked within India are kept in conditions of involuntary servitude with characteristics such as withholding payment of wages, confiscation of travel documents non- adherence to conditions of work, extravagant profits to middle man.India is also a destination country for persons from Bangladesh and Nepal, and a bulk of those trafficked from these countries are women and children. In both cases the initial migration legal, illegal may be voluntary and subsequently migrants may be trafficked for sexual exploitation or any other factor. The numbers are very large, though precise figures are lacking and need to be tackled urgently.The 2010 Trafficking in persons Report16also points out that ninety percent of the trafficked persons belong to the most disadvantaged groups. It also carried evidence of nongovernmental organization reports on duping of girls from north east India w ith Promises of jobs and then forcing them into prostitution as well as forced marriages.This heinous crime needs to be addressed urgently. There are legislations which deal with criminalizing a number of offences which are not specifically dealt with in the ITPA. These include penalizing acts such as procuring, buying and selling of human beings importation or exporting human beings, buying and selling excusables, coercing or forcing marriage of minors, kidnapping and abducting and using force for the purpose of trafficking, slavery and slavery like conditions and unacceptable form of labor.A chart detailing miscellaneous legislations relevant to trafficking is given below.17LEGISLATIONSSECTIONDETAILS OF THE PROVISIONIndian Penal Code,1860366Kidnapping ,abducting or inducing a women to compel marriage.366AProcuring a minor girl366BImportation of a girl below 21 for sexual exploitation.367Kidnapping/abducting to subject person to grievous hurt, slavery.370Buying or disposing of a person as slave.371Habitual dealing in slaves.372Selling minor for prostitution373Buying minor for prostitution374Compelling a person to labour.Prohibition of Child Marriage Act,200612Child marriage void if after that the minor is sold or trafficked or used for immoral purposes.Children (Pledging of force) Act,19334-6Penalties for pledging labour of children(under 15 years)Bonded Labour System(Abolition )Act,197616Compelling a person to render bonded labour or forced labour. jejune Justice Act,20002(vii)A child in need of care and protection includes one who is vulnerable and likely to be trafficked.26Procuring juveniles for hazardous employment.Trafficking and organised crime as defined by the law in India.- for the purpose of understanding cross border trafficking, especially in the context of organised crime, there are two definitions that need to be analysed, wiz, trafficking and organised crimes. How India defines and engages with these two terms is an indicator of the legal p rotection given to combat trafficking as an organised crime.Domestic Law of IndiaThere is no current central legislation in India with regard to organized crime. Some States however have legislated on the same. Maharashtra, which was the first State to have an Act,18defines organized crime as any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person, or promoting insurgency.19In the absence of a specific law on organized crime, reliance is placed on general provisions in criminal law dealing with common intention to commit an offence20, criminal conspiracy21and abetment. Anti-corruption laws may also be used.India has addressed trafficking both directly and indirectly in i ts Constitution. There are three holds spread over Fundamental Rights in Part III and Directive Principles of State Policy in Part IV which address trafficking related issues. The chart below summarizes the provisions.Provisions on Trafficking in the Constitution of India22Article 23Fundamental Right prohibiting trafficking in human beings and forms of forced labor.Article 39(e)Directive Principle of State Policy directed at ensuring that health and strength of individuals are not abused and that no one is forced by economic necessity to do work unsuited to their age or strength..Article 39(f)Directive Principle of State Policy stating that childhood and early days should be protected against exploitation.India has a written Constitution, and though the above provisions make Indias mandate on trafficking clear, penalizing and tackling trafficking is dealt with by legislation. The Constitution specifically mentions trafficking in human beings as well as forced labor and also indica tes the special protection to be provided to vulnerable groups in society.The Constitution of India discusses provisions on trafficking at two levels one, at the level of Fundamental Rights which are basic rights available to all, irrespective of caste, creed, sex, place of birth, etc., and two, at the level of Directive Principles of State Policy. Fundamental Rights are justiciable and can be directly enforced in a court of law, whereas Directive Principles of State Policy are non-justiciable and cannot be directly enforced in a Court of Law. However, Directive Principles play a major role in shaping the policy of the State and may sometimes be the background that legislation is built on. As a Fundamental Right in Article 23, trafficking in human beings is prohibited as are all forms of forced labor. According to Directive Principles of State Policy in Articles 39(e) and (f), the health and strength of workers should not be abused. It prohibits exploitation of persons to perform work which is unsuitable for them. It also specifically protects children and youth against exploitation of any kind. While the provisions in the Directive Principles of State Policy do not mention trafficking, it mentions exploitation which is a key element in trafficking.1.4 International legislationHistory of international legislationInternational pressure to address trafficking in women and children became a growing part of the social Reform movement in the United States and Europe during the late 19th century. International legislation against the trafficking of women and children began with the verification of an international convention in 1901, followed by ratification of a second convention in 1904. These conventions were ratified by 34 countries. The first formal international research into the scope of the problem was funded by American philanthropist John D. Rockefeller, through the American Bureau of Social Hygiene23. In 1923, a committee from the bureau was tasked wit h investigating trafficking in 28 countries, interviewing rough 5,000 informants and analyzing information over two years before issuing its final report. This was the first formal report on trafficking in women and children to be issued by an appointed body.The League of Nations, formed in 1919, took over as the international coordinator of legislation intended to end the trafficking of women and children. An international Conference on White Slave Traffic was held in 1921, attended by the 34 countries that ratified the 1901 and 1904 conventions. Another convention against trafficking was ratified by League members in 1922, and like the 1904 international convention, this one needful ratifying countries to submit annual reports on their progress in tackling the problem. Compliance with this requirement was not complete, although it gradually improved in 1924, approximately 34% of the member countries submitted reports as required, which rose to 46% in 1929, 52% in 1933, and 61% in 1934.1921 International form for the Suppression of the Traffic in Women and Children (sponsored by the League of Nations)Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (United Nations General Assembly resolution, came into force in 1951)Current international lawsConvention on Consent to Marriage, stripped-down Age for Marriage, and Registration of Marriages, entered into force in 1964Protocol to Prevent, Suppress and avenge Trafficking in Persons, especially Women and Children andProtocol against the Smuggling of Migrants by Land, Sea and Air.ILO Forced Labour Convention, 1930 (No. 29)ILO Abolition of Forced Labour Convention, 1957 (No. 105)ILO Minimum Age Convention, 1973 (No. 138)ILO Worst Forms of Child Labour Convention, 1999 (No. 182)CHAPTER-II LEGAL FRAMEWORK AND POLICIES2.1 Definition of TraffickingArticle 3 of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and C hildren, supplementing the UN Convention Against Transnational Organized Crime, 2000, states Trafficking in Persons shall mean the recruitment, transportation, transfer,harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery,servitude or the removal of organs.24Article 1 (3), SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, signed by India on January 5,2002, statesTrafficking means the moving, selling or buying of women and children for prostitution wit hin and outside a country for monetary or other considerations with or without the consent of the of the person subjected to trafficking25.Article 1 (4) of the SAARC Convention definesTraffickers asTraffickers means persons, agencies or institutions engaged in any form of trafficking.Article 34 of the Convention on the Rights of theChild (CRC) statesStates Parties attempt to protect the Child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all get national, bilateral and multilateral measures to prevent(a) The inducement or coercion of a child to engage in any lawful sexual activity(b) The exploitative use of children in prostitution or other unlawful sexual practices(c) The exploitative use of children in pornographic performances and materials.Further, Article 35 of the Convention on the Rightsof the Child statesStates Parties shall take all appropriate national, bilateral and multilateral measures to prevent th e abduction of, the sale of or traffic in children for any purpose or in any form.The Immoral Traffic (Prevention) Act, 1956(ITPA) does not specifically define trafficking. However, the ingredients of trafficking, such as sexual exploitation and abuse of persons running of a brothel living on the earnings of a prostitute procuring, inducing or taking a person for the sake of prostitution detaining a person for prostitution, etc., are contained in Sections 3, 4, 5, 6, and 8 of the Act.In the ITPA, (amended in 1978 and 1986), even though trafficking is not yet defined inaccordance with the UN Protocol, To Prevent, Suppress, and Punish Trafficking in Persons,Especially Women and Children, supplementing the UN Convention against Transnational OrganizedCrime or as per the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, the essential ingr