All human beings are born free and equal in dignity and rights. — Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)
Human rights are moral principles or norms that describe certain standards of human behaviour, and are regularly protected as legal rights in systems of law at local, regional, national and international levels.
They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their nation, location, language, religion, ethnic origin or any other status.
They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others.
Thus, we can derive the following conclusions on human rights: 1) They are universal, and hence applicable to the full effect in meaning and spirit on any and all humans. 2) They are obtained by virtue of being human, and hence must be recognised and observed as protecting any individual irrespective of circumstances by entities such as states, organisations and other individuals. 3) They are inalienable, and hence cannot be arbitrarily withdrawn or overruled by any authority over an individual.
Human rights are a vast and comprehensive ideology, which covers concepts such as economic rights, civil and social rights, as well as political rights. These include:
1) Economic rights- Guarantee economic well being of an individual as far as can be by the powers of the state, as well as other institutions such as one's employer and the consumer. Include the right to work, equal pay for equal work, right to a minimum wage etc. They are targeted at securing the financial well being of an individual.
2) Civil rights- These rights are based on the principal of social equality, and provide protection against discrimination, abuse and enslavement. Some examples are the right against exploitation, the right to freedom of expression, the right to assemble, move and reside freely within the territory of the country one bears citizenship of, etc
3) Political rights- These rights ensure the individual's right to participate in the political processes of the state they bear citizenship of, and to determine state administrative policy through elected representatives. They are, by nature, enforced democratically and are fundamentally different from civil rights. This is because they do not assure the execution of one's ideas, but only participation in the due processes, as their outcome is influenced by the actions of a majority rather than a single individual. They include the right to vote and the right to hold elected office.
It can be argued that human rights are the key influencers of all micro and macro level policy decisions by administrations and governments today. They are the principal subtexts underscoring all political and economic dialogue, and current global issues such as immigration, taxation, social security, freedom of the media, wage inequality, economic exploitation, unfair competition and monopolistic policies, religious fundamentalism, weapons of mass destruction, affordability of medical care, sustainability and climate change, subsidies, energy policy, all revolve around fundamental and basic human rights at their core.
The legal nature and enforcement of human rights has largely been derived from natural law, a system of legal philosophy that holds certain principles such as equality and equal justice to be self evident, and granted by a divine, superseding authority. This has been noted and discussed in various sections of ancient Greek philosophy, as well as religious discourses by Catholic and Islamic philosophers and clerics throughout the medieval ages. The concept of equality has led to creation of most socioeconomic rights, such as the right against exploitation, equal wages and freedom of occupation and residence. These rights act against discrimination in any form. The concept of justice has influenced the development of virtually all legal systems, as well as the associated administrative, political and legal processes and policies. This includes the right to equality before law, the right to due process and a fair trial.
Currently, most Constitutions globally have provisions for maintaining and protecting human rights, with violations being criminalised under a criminal code. The right to constitutional remedies, or a right to judicial appeal, is the right that ensures the upholding of all other rights by an independent judicial system by means of hearings, verdicts and appeals. This ensures that even the legislature and government is accountable to a judiciary for violation of written and codified laws and depriving citizens of their rights. In countries where a civil system of law operates, and the law is derived from statutory judgements made by judges which come under case law, the basis for human rights arises from natural law, Roman law and judgements pronounced by judges on issues. Internationally, the UN Charter is the prinicipal document that recognises human rights. The rights espoused in the UN charter were codified and defined in a non-binding context within the International Bill of Human Rights, composing the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Human trafficking, a critical, cyclic and pressing concern among human rights violations, has been denominated as a violation of virtually any rights that require freedom of will and body, such as the right to work, the right against exploitation, the right to move freely, the right to freedom of expression, etc.
Historical Background:
Human trafficking and exploitation has been in existence across the globe for thousands of years since the dawn of civilization. From the ancient Greek and Romans to the medieval times, and up until today, humans have been subject to various forms of physical and sexual slavery. Many of the issues addressed in the history of human trafficking during the last 100 years have changed such as the understanding that all persons can be victims of trafficking and that there are several forms of trafficking. The practices of sexual exploitation and sexual slavery are older than recorded history. Whenever a woman or girl — or man or boy — was without status or protection, he or she could have been subjected to sexual exploitation. The same is true today.
In the 1400’s , slave trading started in Africa with Portuguese transporting people from Africa to Portugal to be used as slaves. The trade was both legal and entertained by the African governments. 1700- Human trafficking for sexual purpose was first legally recognised as “White Slavery”. It is the practice of obtaining white women or girls by use of force or drugs for unwanted sex. After the cessation of the African slave trade, “white slavery” came into light . A procurement—by use of force, deceit, or drugs—of a white woman or girl against her will for prostitution.” The African slave trade was a fitting starting point for the case against white slavery. International governments began to discuss white slavery after the transatlantic slave trade was made illegal In 1807 , Great Britain passed a law which banned transatlantic slave trade. ( The transatlantic slave trade was responsible for the forced migration of between 12 - 15 million people from Africa to the Western Hemisphere from the middle of the 15th century to the end of the 19th century.) In 1820 , United States made Human trafficking a punishable crime In 1904, the International Agreement for the Suppression of “White Slave Traffic,” the first international agreement on human trafficking, was signed. In 1921, 33 countries at a League of Nations international conference signed the International Convention for the Suppression of Traffic in Women and Children In 1927 , after World War I , the League of Nations was founded. It’s goal was to maintain international peace and prevent and eradicate international problems like Human trafficking The idea of White Slave was changed to 'traffic in women and children' 2000- Free the Slaves, an American charity organisation of Anti-Slavery International, was launched in the United States. This organisation is one of the most influential movements in history. This organisation, highlighted the effects of human trafficking. Approximately 80% of trafficking involves sexual exploitation, and 19% involves labor exploitation. There are approximately 20 to 30 million slaves in the world today. Human trafficking is the third largest international crime industry (behind illegal drugs and arms trafficking). It reportedly generates a profit of $32 billion every year. Of that number, $15.5 billion is made in industrialised countries.
Human Trafficking today:
Human trafficking is a highly structured and organized criminal activity. The criminal enterprises need to transport a large number of migrants over a substantial distance, have a well-organized plan to execute the various stages of the crime, and possess a substantial amount of money for such undertakings. Human traffickers have developed a multibillion-dollar industry by exploiting those forced or willing to migrate. For this reason, migrant trafficking is increasingly recognized as a form of organized crime. Trafficking networks may encompass anything from a few loosely associated freelance criminals to large organized criminal groups acting in concert.
Human trafficking usually starts in origin countries—namely, Southeast Asia, eastern Europe, and sub-Saharan Africa—where recruiters seek migrants through various mediums such as the Internet, employment agencies, the media, and local contacts. Middlemen who recruit from within the origin country commonly share the cultural background of those migrating. Migrants view the services of a smuggler as an opportunity to move from impoverished conditions in their home countries to more stable, developed environments.
Because such circumstances make it difficult for victims to obtain legitimate travel documents, smugglers supply migrants with fraudulent passports or visas and advise them to avoid detection by border-control agents. Transporters, in turn, sustain the migration process through various modes of transportation: land, air, and sea. Although victims often leave their destination country voluntarily, the majority are unaware that they are being recruited for a trafficking scheme. After the migrants are trafficked to different countries , they are divided according to their age and sex.
The process: 1.The most prevalent form of human trafficking that results in servitude is the recruitment and transport of people into the international sex industry. Sex slavery involves males and females, both adults and children, and constitutes an estimated 58 percent of all trafficking activities. It consists of different types of servitude, including forced prostitution, pornography, An example of human trafficking in Asia- Additionally, some countries, including India, Nepal, have a form of human trafficking known as ritual (religion-based) slavery, in which young girls are provided as sexual slaves to atone for the sins of family members 2.Children are often sold or sent to areas with the promise of a better life but instead encounter various forms of exploitation.children are often forced to work in small-scale cottage industries, manufacturing operations, and the entertainment and sex industry. They are frequently required to work for excessive periods of time, under extremely hazardous working conditions, and for little or no wages 3.Another recent and highly controversial occurrence involving human trafficking is the abduction or deception that results in the involuntary removal of bodily organs for transplant. For years there have been reports from China that human organs were harvested from executed prisoners without the consent of family members and sold to transplant recipients in various countries. There have also been reported incidents of the removal and transport of organs by medical and hospital employees. In addition, there have been claims that impoverished people sell organs such as kidneys for cash or collateral
Human trafficking in India-
India's West Bengal state - which shares a porous border with poorer neighbors Bangladesh and Nepal and is a known human trafficking hub for that reason - registered more than one-third of the total number of victims in 2016.
The desert state of Rajasthan recorded the second highest number of trafficked children in 2016, while the western state of Maharashtra, where Indias business capital Mumbai is located, showed the second highest number of trafficked women
In another article published in The Times of India — Karnataka is the third state in India for human trafficking. Other South Indian states are also the most sought after destinations for human trafficking. Every year more than 300 such cases are reported in each of the four south Indian states.
Delhi is the hub of human trafficking trade in India and half of the worlds slaves live in India. Delhi is the hotspot for illegal trade of young girls for domestic labour, forced marriage and prostitution. Delhi is also the transit point for human trafficking.
Children from tribal areas are at greater risk of human trafficking. Recently there were cases of human trafficking in which most of the children were from the Kuki tribe in Manipurs Tamenglong district. Reason for this was the tribal clashes that let the human trafficking to prosper. Conflict between the Kukis and Nagas tribe in Northeast region between 1992 and 1997 left many kids homeless. These kids were taken by agents to the other parts of the country.
Frequent disasters both natural and human made, unemployment, distressed migration and Human Trafficking, Child rights violation, Conflicts etc. are the fast-emerging issues in the North-East Region. Among the states of North east, Assam, Manipur, Mizoram and Arunachal have hotspots of Human Trafficking and are often in the limelight.
In Assam , young boys and girls from the Adivasi community are most vulnerable to human trafficking rackets over the years. he majority of Indias trafficking problem is internal, and those from the most disadvantaged social strata—lowest caste Dalits, members of tribal communities, religious minorities, and women and girls from excluded groups—are most vulnerable.
A Case Study:
33 children out of 70 were rescued from being trafficked in Bastar district, Chhattisgarh. The people who had been sold to factories and brick kilns, were being transported in a bus when police intercepted the vehicle following a tip-off from anti-trafficking campaigners in Bastar. Out of the 33 children, 20 were boys and 13 were girls. The rest were adults and sold as bonded-labourers. They were sold for thousands of rupees each to factory owners in Andhra Pradesh and Telangana. The children were at a rehabilitation center and were going to be sent back home. Traffickers lure thousands of vulnerable children from rural areas on false promises of jobs before selling them off to factories, prostitution, forced labour or begging, officials said.
Prosecution: The police stopped the vehicle carrying the victims following a tip off from anti trafficking capmaigners in Bastar on Wednesday An arrest of a five member gang was made on charges of trafficking.
Background of the victims: All the people who were trafficked were from the tribes that are under the control of the Maoists in Bastar and adjoining districts. The Maoists are a radical communist party in India whose basic aim is to overthrow the government through war via people. The people are poor economically, socially and culturally. They are illiterate and marginalised. Their source of earning is limited and they are still very much dependent on agriculture, small land holdings, labor etc which indirectly means that they are dependent on money lenders. Thus when traffickers lure them with promises of a better life in the city or wherever the destination is , these tribal people believe them and fall into their trap, not knowing that they are being trafficked in exchange for an even more saddening life .
With regard to the case, the following laws/constitutional provisions were violated: Articles 21 (Right to Life & Personal Liberty) Article 23 (Right against Exploitation) Bonded Labour System (Abolition) Act. A person becomes a bonded labourer when their labour is demanded as a means of repayment for a loan. Bonded labour is prohibited in India by law vide Articles 21, Article 23, and the Bonded Labour System (Abolition) Act. Article 24. It prohibits employment of children below the age of 14 in factories, mines, and other hazardous employment. Article 21A and Article 45. They endeavour to provide free and compulsory education to all children between the ages of 6 and 14. The Child Labour (Prohibition and Regulation) Act. It prohibits the engagement of children in all occupations, and prohibits the engagement of adolescents in hazardous occupations and processes (set forth in the Schedule). Specific to the case in question, bonded labour in brick kiln constitutes as a hazardous occupation and is thus, a violation of the Act.
After the rescue of the bonded labourers, there were reports of activists coming forth to help; though to what degree, it is not known. Some institutions, most notably National Campaign Committee for Eradication of Bonded Labour (NCCEBL) and Bonded Labour Liberation Front (NGO) have been working towards the rescue of bonded labours and securing their rights.
In fact, it’s through the work of NCCEBL that the deprivation of human rights of bonded labourers came to light. After another such group in Chhatisgarh was rescued, the labourers complained that governmental welfare schemes never reach them. They are often lured into the business with the promise of a legitimate job. However, their own lack of knowledge surrounding their rights leaves them open to exploitation, which the business owner cashes in on. On various instances, it was revealed that certain lower-caste groups were ‘sold’. Apart from them, low income groups residing in rural areas with minuscule employment opportunities are the primary targets.
Though certain institutions such as the aforementioned do highlight the evils and prevalence of bonded labour, adequate corrective measures such as counselling and rehabilitation programs haven’t been executed.
Prevention of Human trafficking:
-Efforts taken to prevent human trafficking in India: Human trafficking in India has reached a crisis level. A U.S. State Department report estimates that up to 65 million people were trafficked into forced labor, both into and within India. The following are some of the efforts taken by the government, as well as others, to prevent human trafficking in India: a) By government- Anti-Trafficking Cell (ATC)- Anti-Trafficking Nodal Cell was set up in the Ministry of Home Affairs, which acts as a focal point for communicating various decisions and follow ups on action taken by the State Governments to combat the crime of Human trafficking. Advisories- To improve the effectiveness in tackling the crime of human trafficking and to increase the responsiveness of the law enforcement machinery, MHA has issued comprehensive advisories to all States/UTs, like: -Advisory for preventing crime of human trafficking date 9.9.2009. -Advisory on crime against children dated 14th July, 2010. -Advisory on missing children dated 31st January, 2012. -Advisory on Preventing and Combating cyber crime against children dated 4.1.2012. -Advisory on Human Trafficking as Organised Crime dated 30th April, 2012. Strengthening the capacity building: To enhance the capacity building of law enforcement agencies and generate awareness among them, various Training of Trainers (TOT) workshops on combating Trafficking in Human Beings for Police officers and for Prosecutors at Regional level, State level and District level were held throughout the country Judicial Colloquium: In order to train and sensitize the trial court judicial officers, Judicial Colloquium on human trafficking are held at the High court level. The aim is to sensitize the judicial officers about the various issues concerning human trafficking and to ensure speedy court process. So far, eleven Judicial Colloquiums have been held at Chandigarh, Delhi, Himachal Pradesh, Maharashtra, Chhattisgarh, Tamil Nadu, Andhra Pradesh, Bihar, Uttar Pradesh, Jharkhand and Odisha. The ministry of Women and Child Development- in collaboration with NIPCCD and UNICEF, MWCD has developed three manuals for 'Judicial Handbook on combating Trafficking of women and Children for Commercial Sexual Exploitation'; 'Manual for Medical Officers for Dealing with Child Victims of Trafficking and Commercial Sexual Exploitation'; and 'Counselling services for Child survivors of trafficking'. Trafficking of persons Bill 2016- India’s minister for women and children announced a draft of the first-ever comprehensive anti-human trafficking law- ”Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016”. This draft law is comprehensive and addresses the core issue, aiming to strengthen investigation and prosecution, while also taking into account a victim’s needs and perspective, which are steps in the right direction.
b) by international conventions on trafficking UN Convention: India has ratified the United Nations Convention on Transnational Organised Crime (UNCTOC) which has as one of its Protocols Prevention, Suppression and Punishment of Trafficking in Persons, particularly Women and Children. Various actions have been taken to implement the convention and as per Protocol, Criminal Law Amendment Act, 2013 has been enacted wherein human trafficking has specifically been defined. SAARC Convention: India has ratified the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. A Regional Task Force was constituted to implement the SAARC Convention. Five meetings of Regional Task Force have been held so far. Fifth meeting was held at Paro, Bhutan from 11-12 April, 2013. As offered in Fifth Meeting, a study tour for SAARC Member countries was conducted from 18-22 November, 2013 to learn from the experiences of the Anti Human Trafficking Units (AHTUs) established in various districts of the country. Representatives of Sri Lanka, Bhutan and Afghanistan participated in the study tour. Bilateral mechanism : For dealing with cross border trafficking and to address the various issues relating to prevention of Trafficking, victim identification and repatriation and make the process speedy and victim-friendly between India and Bangladesh, a Task Force of India and Bangladesh was constituted. So far five meetings of Task force between India and Bangladesh have been held. Fifth meeting was held on 17-18 August, 2015 at Dhaka, Bangladesh.
c) by constitutional and legislative provisions- 1) Article 23-Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 2) The Immoral Traffic (Prevention) Act, 1956- (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation. 3) Criminal Law (amendment) Act 2013 – it has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs. 4) Protection of Children from Sexual offences (POCSO) Act, 2012- which has come into effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation. It provides precise definitions for different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment. d) by others 1) Efforts made by Google- the US-based company who did not specify the exact amount for its India-specific contributions, but said that it has provided $115 million in grants to various non-profit organisations around the world. 2) online database- A charity in New Delhi is building India‘s first online database of human trafficking cases in a bid to plug a massive information gap and help law enforcers clean up the epicentre of the modern slave trade.
Efforts made by NGO’s for the raising awareness and preventing human trafficking- Prajwala- Prajwala is a pioneering anti-trafficking organization working on the issue of sex trafficking and sex crime. Established in the year 1996 in South India, Prajwala has pan India and International operations. Prajwala works on the five pillars of Prevention, Protection, Rescue, Rehabilitation & Reintegration. In the last one decade it has become one of the most powerful voices nationally and globally for ensuring holistic victim services. In 2015, Activist Sunitha Krishnan, who runs Prajwala, had started a campaign with the hashtag #Shametherapist on social media, the first of its kind in the world. As part of the campaign, Sunitha had shared videos of a gang-rape, after concealing the victim's identity and asked for people to identify the rapists in the films. However, within only a few hours of the launch of this campaign, unid-entified assailants tried to intimidate her by vandalising her car. “An acquaintance sent these two videos to me. One is an eight-minute video and the other is of four minutes. I masked the faces of both the victims and uploaded the videos on social networking sites requesting people to identify the rapists whose faces are clearly visible so that authorities can take action against these culprits. I uploaded these videos on Facebook yesterday. Today morning, I launched the campaign live on news channels. Unfortunately, no police officer from anywhere in the country contacted me for any information or the original videos. In fact, only my vehicle was vandalised, this issue has started trending. The six men in the videos need to be identified and brought to justice. I know someone is trying to intimidate me but I am not the one to be scared,’’ Sunitha said. Prajwala is also well known for launching the nationwide “Movement Against Trafficking” (MAT) with 100 men taking part in a cycle rally and for their short films on trafficking like “One Life, No Price”( produced with support from UNODC), “Needalu” and “Mein Aur Meri Sachayein”.
Rescue foundation-
“We may choose to close our eyes but still the truth remains the same – India is now a key destination and transit point for global trafficking of women and girls! Human trafficking has become the 3rd largest illegal industry after the arms and drugs industry. Human trafficking is a serious offence. To combat the problem, we need a consistent approach and dedicated team who is there to track the leads we get from the missing person’s records. Our team investigates relentlessly and conducts rescue raids with police’s help. You can yourself verify how earnestly we have been working on this by checking the records in Kamla Nehru Police Station. And rescue is not the only task we do; rather it is just the beginning. The rescued girls are then brought to our protective home in Boisar (60 kms from Mumbai) where they undergo a medical examination and are given a strict health regime to follow.” -The project coordinator of Rescue Foundation, Mr J R Sharan. The Rescue Foundation a registered, non-profit, grass root NGO involved in rescue, rehabilitation and repatriation of victims of human trafficking trafficked from India, Bangladesh, Nepal and subjected to Commercial sexual exploitation in India. India has more than 50 million girls working forcibly in illegal trade. New Delhi alone has 180 red light areas and every police personnel is aware of it. Yet no action is taken, simply because there exists an appalling nexus between the Politicians, Police and brothel owners. It was due to the efforts made by the Rescue Foundation, that they were able to get 13 kothas (brothels) seized in New Delhi. . Human trafficking in India was said to be at its peak in 2005, with the number of cases being as high as 6,280. After 2005, there was a large fall or decrease in the number of registered human trafficking cases-2009 being at 2,848. However, 2009 onwards, the number of human trafficking cases has continued to increased year after year. State wise distribution of registered cases of human trafficking (years 2010, 2011, 2012) West Bengal- 2010-427 cases 2011-481 cases 2012-549 cases Tamil nadu- 2010-580 cases 2011-420 cases 2012-528 cases Andhra Pradesh- 2010-633 cases 2011-605 cases 2012-506 cases Karnataka- 2010-263 cases 2011-372 cases 2012-412 cases Maharashtra- 2010-360 cases 2011-432 cases 2012- 403 cases Kerala- 2010-315 cases 2011-165 cases 2012-220 cases Assam- 2010-103 cases 2011-165 cases 2012-154 cases
The total number of registered human trafficking in india in 2010 was 3,422; 2011 was 3,517; 2012 was 3,554 and in 2013 was 3,940. This shows the gradual increase in human trafficking over these few years. However, as per government data, almost 20,000 (this number is inclusive of women and children only) were victims of human trafficking in India in 2016, a rise of nearly 25 per cent compared to 2015. Research in 2014 revealed that India had the highest number of people trapped in modern slavery, with over 18 million people enslaved. This was five times more than any other country in the world. Meanwhile, according to Indian government data, there were just 5,500 cases of human trafficking reported in India in 2014. This clearly reveals that, despite efforts by the government and civil society groups to gather data on trafficking, there is still no conclusive data available, either official or unofficial, that accurately captures and documents the extent to which human trafficking takes place in the India.