What is Human Trafficking?
As per the UNODC, Human trafficking involves recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion/deception, for the purpose of exploitation Exploitation may include 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. According to the report by the UNODC, most of the victims detected globally were trafficked for sexual exploitation, although this pattern is not consistent across all regions. While trafficking for forced labour is the most commonly detected form in sub-Saharan Africa, in Central Asia and South Asia, trafficking for forced labour and sexual exploitation are near-equally detected.
Not only women and children but also men are victims to human trafficking. In India, a large number of people are trafficked not only for sex trade but also for other various kinds of servitude. Human Trafficking is also known as the modern-day-slave-trade. Human trafficking involves moving someone into slavery or slavery-like conditions. Victims often go willingly with their traffickers because they are being deceived about the nature and conditions of the work. Trafficking is a global phenomenon and nearly every country is a source, transit or destination (or combination of these three) for trafficked persons.
Elements of Human Trafficking
On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements
Recruitment, transportation, transfer, harbouring or receipt of persons
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim
For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by relevant domestic legislations.
Types Of Human Trafficking
Disproportionately affects women and children and involves forced participation in commercial sex acts. it consists of different types of servitude, including forced prostitution, pornography, child sex rings, and sex-related occupations such as nude danching and modeling.
This is when a person is pat under pressure to marry someone. They may be threatened with physical or Sexual violence or placed under emotional or psychological distress to ethane these aims Maybe done to gain access to benefits or to a country.
The trafficking in organs involves removing a part of the body. commonly the kidneys and liver. to sell often as an illegal trade. The victim here involves both gender and without any difference in their ages, includes person ranging from small child to old person and even dead person too. it may happen with or without their consent
It involves the person to work as boned labours slaves by the of forcing them or awarding punishments for not working and forces them to work for little remuneration or payments in order to reduce their debts
Includes both gender male and female. they are forced to work as bonded slaves under military camps in kitchen work and in some other violent or illegal activity. The female children are forced to have sexual exploitation without considering their age. the children are between the age group of 10 to 18 years who are considered to be minors
It is the advanced form of sex trafficking or exploitation in the 21st century. the main victims are made on the websites used by the people and it will automatically provoke the users. these kinds of advertisements are made normally in all websites but it has its origin in the dark or deep web
Indicators of Trafficking
People who have been trafficked may:
- Believe that they must work against their will
- Be unable to leave their work environment
- Show signs that their movements are being controlled
- Feel that they cannot leave
- Show fear or anxiety
- Be subjected to violence or threats of violence against themselves or against their family members or loved ones
- Suffer injuries that appear to be the result of an assault
- Suffer injuries or impairments typical of certain jobs or control measures
- Suffer injuries that appear to be the result of the application of control measures
- Be distrustful of the authorities
- Be threatened with being handed over to the authorities
- Be afraid of revealing their immigration status
- Not be in possession of their passports or other travel or identity documents, as those documents are being held by someone else
- Have false identity or travel documents
- Be found in or connected to a type of location likely to be used for exploiting people
- Be unfamiliar with the local language
- Not know their home or work address
- Allow others to speak for them when addressed directly
- Act as if they were instructed by someone else
- Be forced to work under certain conditions
- Be disciplined through punishment
- Be unable to negotiate working conditions
- Receive little or no payment
- Have no access to their earnings
- Work excessively long hours over long periods
- Not have any days off
- Live in poor or substandard accommodations
- Have no access to medical care
- Have limited or no social interaction
- Have limited contact with their families or with people outside of their immediate environment
- Be unable to communicate freely with others
- Be under the perception that they are bonded by debt
- Be in a situation of dependence
- Come from a place known to be a source of human trafficking
- Have had the fees for their transport to the country of destination paid for by facilitators, whom they must pay back by working or providing services in that country
- Have acted on the basis of false promises
People who have been trafficked for the purpose of sexual exploitation may:
- Be under 30 years old, although the age may vary according to the location and the market
- Move from one brothel to the next or work in various locations
- Be escorted whenever they go to and return from work, shops etc.
- Have tattoos or other marks indicating “ownership” by their exploiters
- Work long hours or have few if any days off
- Sleep where they work
- Live or travel in a group, sometimes with other women who do not speak the same language
- Have very few items of clothing
- Have clothes that are mostly the kind typically worn for doing sex work
- Have no cash of their own
- Be unable to show an identity document
- Evidence that suspected victims have had unprotected and/or violent sex
- Evidence that suspected victims cannot refuse unprotected and/or violent sex.
- Evidence that a person has been bought and sold.
- Evidence that groups of women are under the control of others.
People who have been trafficked for labour exploitation may:
- Live in groups in the same place where they work and leave those premises infrequently, if at all
- Live in degraded, unsuitable places, such as in agricultural or industrial buildings
- Not be dressed adequately for the work they do: for example, they may lack protective equipment or warm clothing
- Be given only leftovers to eat
- Have no access to their earnings
- Have no labour contract
- Work excessively long hours
- Depend on their employer for a number of services, including work, transportation and accommodation
- Have no choice of accommodation
- Never leave the work premises without their employer
- Be unable to move freely
- Be subject to security measures designed to keep them on the work premises
- Be disciplined through fines
- Be subjected to insults, abuse, threats or violence
- The employer or manager is unable to show the documents required for employing workers from other countries.
- The employer or manager is unable to show records of wages paid to workers.
- The health and safety equipment is of poor quality or is missing.
- Equipment is designed or has been modified so that it can be operated by children.
- There is evidence that labour laws are being breached.
- There is evidence that workers must pay for tools, food or accommodation or that those costs are being deducted from their wages.
People who have been trafficked for the purpose of domestic servitude may:
- Live with a family
- Not eat with the rest of the family
- Have no private space
- Sleep in a shared or inappropriate space
- Never or rarely leave the house for social reasons
- Never leave the house without their employer
- Be given only leftovers to eat
- Be subjected to insults, abuse, threats or violence
People who have been trafficked for the purpose of begging or committing petty crimes may:
- Be children, elderly persons or disabled migrants who tend to beg in public places and on public transport
- Are children carrying and/or selling illicit drugs
- Have physical impairments that appear to be the result of mutilation
- Be children of the same nationality or ethnicity who move in large groups with only a few adults
- Be unaccompanied minors who have been “found” by an adult of the same nationality or ethnicity
- Move in groups while travelling on public transport: for example, they may walk up and down the length of trains
- Participate in the activities of organized criminal gangs
- Belong to gangs composed of members of the same nationality or ethnicity
- Be part of large groups of children who have the same adult guardian
- Be punished if they do not collect or steal enough
- Live with members of their gang
- Travel with members of their gang to the country of destination
- Live, as gang members, with adults who are not their parents
- Move daily in large groups and over considerable distances
Children who have been trafficked may:
- Have no access to their parents or guardians
- Look intimidated and behave in a way that does not correspond with behaviour typical of children their age
- Have no friends of their own age outside of work
- Have no access to education
- Have no time for playing
- Live apart from other children and in substandard accommodations
- Eat apart from other members of the “family”
- Be given only leftovers to eat
- Be engaged in work that is not suitable for children
- Travel unaccompanied by adults
- Travel in groups with persons who are not relatives
Categories of Trafficking
- Commercial Sexual Exploitation
- The victims are mainly women. In this process women are forced to involve in sexual activities. It may occur in prostitution sites and brothel centers.
2. Forced/Bonded Labour
- It involves the persons to work as bonded labourers or slaves by way of forcing them or awarding punishments for not working and force them to work for little remuneration or payment in order to reduce their debts.
- They may enter into the contracts with their consent.
- The person will work within the employer home for long periods with certain restrictions for limited pay
3. Organ Trafficking
- The persons will transport the organs of the victims to another place for money. The victim here involves both gender and without any difference in their ages.
- It includes people ranging from small children to old people and even dead persons too.
- It may happen with or without their consent.
Refers to the use of cyber‐space for: the recruitment of victims; advertisement of victims; advertisement of victims’ services or victims’ organs; and for attracting clients. Internet is advantageous for traffickers for the following reasons:
- Access to the Internet.
- Affordability of technology and services (low cost).
- Anonymity of users (traffickers have a reduced risk to be caught).
- Speed – as it is fast (leaving only digital traces).
- Criminals ability to work from home and operate in many locations reaching more victims.
- Inability of victims to identify the perpetrators because their identity might be unknown.
- High profitability of crime in relation to the investment required
- Lack of appropriate policies and legislation on cyber‐crimes that creates problems in prosecution & jurisdiction
It includes both gender male and female. Child trafficking happens mainly for labour or sex trade. They are forced to work as bonded slaves under military camps in kitchen work and/or in some other violent or illegal activity. The children are below 18 years who are considered to be minors.
- It is the children of the poor and marginalized communities who are often trafficked to be forced into labour.
- Parents of these children are either betrayed or lured due to their poor socio-economic conditions thus forcing them to ‘send’ or ‘sell’ their children for better livelihood options.
- These children are often forced into prostitution and begging rackets and are destined for a life of child abuse and exploitation.
- Child Sexual Abuse (CSA) is a mental or physical violation of a child with sexual intent, generally by a person who is in a position of power and trust of a child. It includes (i) an adult revealing his/her genital organs to the child and influencing the child to do the same, (ii) touching and fondling of a child and an adult having oral, anal and vaginal intercourse with a child with or without penetration which includes rape and sodomy, (iii) an adult persuading or encouraging a child to listen to, read or view any pornographic material or (iv) an adult forcibly marrying a minor are also issues that come under the subject of child abuse.
- Child marriages are considered one of most prevalent forms of child abuse and sexual exploitation that exists.
Current Scenario Of Human Trafficking In India & Telangana
Research shows that human trafficking in India may affect between 20 and 65 million people. Women and girls are trafficked within the country for the purposes of commercial sexual exploitation and forced marriage. This is more so in the case of areas where the sex ratio is highly skewed in favour of men. An alarming number of children are subjected to forced labour as factory workers, domestic servants, beggars, and agriculture workers, while others have been used as child soldiers by insurgent or terrorist groups
India is also a destination for women and girls from neighbouring countries, smuggled for sexual exploitation. Indian women are also trafficked to the Middle East for the same purpose. Indian migrants who travel willingly to the Middle East and Europe for work as domestic servants and low-skilled labourers may also end up in the country’s human trafficking industry and into situations of forced labour or debt bondage. Even though India is the world’s largest democratic republic, the country is plagued with widespread poverty and lack of proper education, resulting in a myriad of human rights violations, especially against women and girls.
Despite dearth of empirical research and data - especially in India, the youngest state appears to be emerging as a growing destination for flesh trade. If data from the last five years is analysed, from 2016 to 2018 itself, cases have almost tripled. In 2016 alone, of 766 cases reported under section 5 of the IT (P) Act (relating to procuring or inducing or taking persons for purpose of prostitution), maximum cases were reported in Tamil Nadu, followed by Telangana and two other states, making these four states account for 54.7% of human trafficking nationally. Additionally, In 2016, Telangana was ranked the 8th highest for the number of human trafficking cases. While we analyse the data from 2018 - as many as 242 human trafficking cases were reported, making it go up to rank 4 in the country. Not only is the data lacking, there is also a significant discrepancy between the reality and the cases that go unnoticed and unreported.
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