Trafficking of Women and Children: Transgressions of Human Rights

Abstract

Human rights are essential for civilized and dignified individual and social life. These are also essential for growth and sustenance of democratic system. Though human rights were not explicitly included in the original constitution, yet there were many provisions in it essentially aimed at ensuring certain basic human rights. Indian Constitution incorporates fundamental rights which extends to every citizen irrespective of his social or economic position or gender. These fundamental rights are in essence basic human rights enshrined in part third of constitution and these are justiciable. The establishment of National Human Rights Commission in 1993 to deal with human rights issues affirms this commitment. However, the immoral practice of trafficking of women and children in India is not only a grave violation of their human rights but also against the spirit of constitution which prohibits trafficking in human being. The problem of trafficking of women has to be analyzed in the context of social position of women in the patriarchal, semi feudal and caste ridden society of India. Article 23 prohibits trafficking in human being. Trafficking in human beings means buying and selling men and women like goods. Parliament has passed “Suppression of immoral traffic in women and children 1956” for punishing acts which result in traffic in human beings. However, this immoral practice continues unabated despite these statutory provisions. Women and children are forced into this industry due to poverty, violence, economic compulsions and financial enslavement. The women and children of Scheduled Castes and Scheduled Tribes and those from poverty stricken regions are more vulnerable to this inhuman act. An estimated 378 districts are affected by trafficking of women and children. Taking advantage of their pitiable social conditions, the traffickers lure them with promise of employment in big cities and trap them in their network. Most of these women and children are either employed as domestic workers and subjected to inhuman treatment or forced into dehumanizing profession of prostitution. India is estimated to have prostitution network of over 10 million, most of them are trafficked. The declining sex ratio in some states has opened a new immoral business of purchasing wives for unmarried youths in women-deficit States from Eastern or North Eastern states. These purchased wives are respected neither by society nor by family members including their husband. The paper concludes by laying stress on social vigilance including the active role of NGOs, gender sensitization of police, effective implementation of anti-trafficking laws, judicial reforms and proper rehabilitation policy is essential to eradicate this social evil.