Commercial Sex Trade: Challenges, Issues &Amp; Legal Respite – Pune a Case Study.

Abstract

The history of sexual exploitation is intertwined with the dawn of mankind. Sex trafficking is an organized crime which has been practiced and controlled by underworld syndicates and is a clear indication of the existence of slavery and violation of Human rights globally. Commercial sex trade includes, but is not limited to, compelling a person to go through sexual exploitation for monetary gains. Review of articles revealed that victims have been sold several times over the course of their lives with the bulk of human trafficking comprising of children between the ages of 10 to 16. The victims of such indoctrination undergo unfathomable mental and physical trauma which perpetually affects their psyche and emotional well-being. The population explosion along with the advent of a fast-paced consumer lifestyle and rapid urbanisation has led to a simultaneous increase in the rise of human trafficking. Globalization, free trade and lenient immigration policies provide an impetus for trade in the black market as well as opportunities for increased smuggling activities and human trafficking. Unsuspecting individuals seeking better lives often fall into the inexorable mire of human trafficking. Study led to the finding that Non-Governmental Organisations are taking significant steps to rescue such victims through acts such as filing Public Interest Litigations, organizing national as well as International campaigns etc. It has been observed that sex trafficking not only affects the physical health but also the mental and emotional health of the victims. It was observed that it also contributes immensely to sexually transmitted diseases. The paper aims to understand the concept of Commercial Sex Trade, the factors responsible for the rampant rise in cross border and domestic trafficking as well as analyse Indian Laws such as Article 23 and Article 24 of the Indian Constitution, Immoral Traffic Prevention Act 1956, Juvenile Justice Act 2000 and the related provisions of Indian Penal Code including judicial decisions and case laws for understanding the legal protection available to such victims in the modern civilized society, identify any lacunae, if present and suggest measures to prevent, combat and rehabilitate the commercial sex workers. The paper will also include a comparative study of laws existing in countries rife with human trafficking as well as countries which have effectively combated it in order to better understand the root cause and come up with potent and practical solutions. The paper shall refer to primary and secondary sources of data. This topic shall be explored in-depth through provisions under various international agreements such as the United Nations Convention against Transnational Organized Crime (UNTOC), SAARC convention, Universal Declaration on Human Rights and International treaties. To further understand their plight and the associated challenges of adjusting to society after their rescue, the authors also visited five NGOs in Pune specifically dealing with rehabilitation and rescue of such victims. The victims were interviewed through questionnaire surveys and their responses were recorded. Five individuals were interviewed to gainadeeper perspective of the topic. Another set of questionnaires were drafted to understand the acceptance of such victims in our society. 100 citizens of Pune city were asked to fill up these questionnaires.