1. Introduction
Child trafficking is a matter of serious
concern both at the national and international level. Trafficking is considered a gross violation of human rights and the Fundamental freedom of children.
Children are considered both mentally and physically vulnerable. Trafficking
leads them towards a dreadful life which is prohibited by the Constitution of
India. Children are being harassed and Exploited in different ways. In spite of
the laws that prohibited child trafficking. It is increasing both at the national and
international level. the Involvement of Society is necessary with the Government to tackle out this evil. In this
paper, a focus has been made on the causes of trafficking and its effect on children.
Trafficking
is defined under article 3(a) of the Palermo Protocol, which defines trafficking as
the” as the Recruitment, Transportation, Transfer, Harbouring and receipt of a
persons by means of threat or use of
force or another form of coercion, abduction, fraud, of deception. Article
3 (c) of this protocol points out that if the child has been transported,
transferred, Harboured and recruited without any ground mentioned in clause (a)
meaning thereby, if the child under the age of 18 years has been taken from one
place to another place with the purpose to exploit him without using force and
coercion is Considered Trafficking.[i]
2. Causes of Trafficking
There
are various causes of trafficking. But there are some major Push or Pull
factors that have to be studied as notably included macro (economic,
political, Sociocultural) Interpersonal and Individual level of risks and
resiliency. Although it is often difficult to categorise these factors, in some
cases a single factor is responsible for trafficking and in some cases they are
collectively responsible. These factors are as follows-
Migration: Migration
is considered as the common Factor in most the cases of Child trafficking.
Most of the children migrate alone and some with their family members from one
place to another and become Vulnerable which restrict their access from the
protection[i]. Children
aspire by some successful life stories of migrants who left their home and find
a better life. Some are seduced by the peer groups and they take the decision to
migrate in groups. All these increase the risk of migration.
Poverty:
Poverty forces guardians to send their children for work and they migrate in
big cities from rural areas for seeking employment. However, in the number of researches
it has been found that poverty was not the root cause behind the migration of
children, For Instance, Surtees Found
in ground-level research that identified victims of trafficking have average
financial living Conditions[ii].
In some studies, it was found that poverty is a factor behind the exploitation of children
by their family members and relatives.
Domestic Violence: Domestic
Violence is a broad perspective. It includes various types of violence. For
instance, being the Patriarchal Domination in the family, women have little
economic emancipation especially in the family sphere. Therefore, women and
children are Vulnerable in the hand of traffickers.
Educational Achievements: Most of the children do not satisfy with their study which results in low Educational attainments and Dropping out of School which increases the likelihood that a child is being trafficked. According to the Terre des Homes dropping out of school is an “Alarm bell” that a child will be trafficked[iii].
3. Exploitation of Children
After being trafficked the victims are compelled to indulge in child labour, Slavery, Prostitution, begging, organ trade, Pornography and they are forced to do illegal and Hazardous works which are harmful to their health. Children are used for the purpose of Supplying drugs and are offered for the production of pornographic performances. It all causes Mental and Physical Trauma, according to the U.S Department of state, victims of Human Trafficking experience devastating Psychological effects during and after the trafficking which results in many of them end up their lives due to the fear of shame, depression and Ostracism. Many victims also suffer from physical injuries mostly those who have been sexually exploited are abused by their traffickers and customers[iv]. Victims who are sexually exploited are at a higher risk of sexually transmitted diseases, infections, diabetes, cancer, and other illnesses. Children who are trafficked are deprived of all of the basic rights and needs. They have no access to education and works for late hours getting low wages or no wages.
4. National Legal Frameworks
Constitutional Law: Trafficking is prohibited by the Indian Constitution. Art 23(1) of the Indian Constitution Provides” that traffic in human beings and other similar forms of Forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law”.
The Indian Penal Code, 1860: There are some provisions under the Indian Penal Code that deal with offences related to human trafficking and Exploitation. the most Significant sections are 366B, under this section the Importation of a girl below 21 years is Punishable. Section 370 prohibits harbours, transfers, transportation, recruits and transfer of a person. Section 374 Provides Punishment for compelling a person for Forced Labour.
The child Prohibition and Regulation Act: This act prohibit the labour by children in Hazardous Industries and fix working hours that no children can work more than three hours. Child work is different from child labour In the former the work is hazardous in the later it is domestic work.
The Juvenile Justice (Care and Protection of Children) Act, 2000: The object of this act is to provide for the Proper care, Protection and treatment of the child’s developmental needs. Sec 29 empowers the state to constitute a child welfare committee For such areas as they deem fit. Sec 31 gives these committees the ultimate authority to dispose of the cases. Sec 34 states can establish and maintain children’s home for care and protection.
The Child Marriage Restraint Act, 1929: Under this act, the legal age of marriage is 18 years for girls and 21 years for boys and this act also empowers the courts to issue an injunction for Prohibiting child marriage.
5. Conclusion
In
spite various laws both at the central and the national level against trafficking, it has not been prevented. The reason is not that the laws regarding trafficking are not effective but the problem is in their Implementation. The
prevention of child trafficking requires several types of Interventions. There
is a need to work in all the fields that are responsible for the increase in child
trafficking. The state must focus on the implementation of the laws and spread awareness
in those areas which are prone to child trafficking. The common factors such as
Poverty and unemployment which lead to children to migrate must be tackled out
by the state. The government also should create in both rural and urban areas
compulsory high-quality Education, Employment opportunities and income-generating programs.
We
cannot completely rely on the government. The Community should be sensitized
about trafficking and come forward as a protector of their children from
trafficking by generating awareness programs and keep watch on the traffickers.
Media
has great importance in this technological world. Because it is accessible to
a very large number of people therefore, the media should transmit massages so the
victim can be made aware of the places and Institution where they can seek
help. It should transmit the legal provisions against trafficking.
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