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Human Trafficking At International Level An Its Legal Aspects.

This paper addresses the situation of human trafficking at international level its problems and laws governing it. Trafficking is fuelled by structural inequality, culturally sanctioned practices, poverty, economic insecurity, organ trade, bonded labour, and gender violence, all of which are aggravated by corruption.

International Human Trafficking has become a serious issue closely related to economic, social and demographic development for receiving and sending countries of the world. Human trafficking often qualified as modern day slavery is caused by human rights violations embedded in poverty, illiteracy, lack of access to education and means of production

Meaning Of Human Trafficking:

Human trafficking which is for the purposes of sexual exploitation is becoming an increasingly prevalent issue around the world. Trafficking is a huge industry which has been identified as the fastest growing criminal industry in the world. Trafficking in persons, often known as human trafficking, refers to the recruitment, transportation, transfer, harbouring[1], or receiving of individuals (e.g., women, men, or children) across borders or inside a single country.

The objective of exploitation. Abuse is prevalent in developing, transitional, and industrialized economies. Trafficking in individuals, particularly women and children, has become a significant issue. Transcending borders and influencing countries worldwide. Transnational organized criminal syndicates are becoming increasingly prevalent. Women and children have been trafficked for prostitution, forced marriage, sex tourism, pornography, and as domestic workers.

Human trafficking is a component of international migration, involving the movement of individuals. Globalization in the late 20th century exacerbated the issue by allowing capital to move freely but limiting labour movement through restrictive migration rules. This has increased opportunities for illicit migration[2], networks, and trafficking to thrive. Trafficking also raises serious public health implications. Victims of trafficking are at high risk for HIV/AIDS, prompting groups to address both issues.

Defining Trafficking And Conventions Related To Human Trafficking:

  • The UN Protocol Prevent, Suppress And Punish Trafficking:
    This protocol was basically adopted by the United nation in November 2000 as a part of the United nation convention against transitional organised crime. [: This was the first legally binding instrument with defining the recognised definition of human trafficking. The definition provides a tool for the identification of the victims whether it is a men women child and all forms of exploitation which constitute or lead to human trafficking.

    Trafficking is defined as "an illegal trade in a commodity" in the context of human trafficking. There are various definitions given under various conventions and protocols to define trafficking and specifically human trafficking. The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000, which supplements the UN Convention against Transnational Organized Crime, defines trafficking. Article 3 states as
    1. "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation[3].
  • SAARC Convention On Preventing And Combating Trafficking In Women And Children For Prostitution:
    The members of the South Asian association for regional corporation are the parties to this convention, this convention came into existence to fight the evil of trafficking in women and children for the purpose of prostitution so that they can live with dignity and honour that every human being as a right to, St human trafficking a violating the basic human rights of the people.

The Convention On The Rights Of The Child (1989):

For the first time in international law history, this convention recognized the necessity for specific protection for children as well as their right to basic human dignity. It defines a child as being under the age of 18. According to Article 35 of the convention, the government is responsible for ensuring that no child is abducted, sold, or trafficked on their territory.

The agreement also includes rehabilitation rights, as well as Article 39, which discusses special measures to assist children in recovering psychologically and physically while remaining unaffected by their experience. It also includes a few particular practices to help combat child trafficking.

The Recommended Principles and Guidelines on Human Rights and Human Trafficking(2002): Offers practical policy recommendations to prevent human trafficking and support victims, stressing the importance of integrating human rights perspectives in legislation and initiatives at regional, national, and international levels. These guidelines are essential for countries and intergovernmental organizations aiming to fight child trafficking and uphold the rights of survivors.

Types Of Human Trafficking:

Human trafficking is one of the serious crying that it was extortion of an individual for the purpose of post labour sexual exploitations sex trap again child trafficking in the problems and also modern days slavery, we can call it is one of the most important reason of human right violations. Various types of trafficking are:
  • Labour trafficking: is the use of force, deceit, or compulsion to recruit, harbour, transfer, or obtain a person for labour or services. This can involve forced labour in factories, building sites, agriculture, and other occupations. The majority of human trafficking victims are between the ages of 18 and 24, and the majority had obtained job offers before leaving. According to the International Labour Organization (ILO), more than 2.4 million individuals are victims of forced labor as a result of human trafficking, with 43% forced commercial sexual exploitation and 32% forced economic exploitation.
  • Sex trafficking: includes transportation and harbouring of an individual specially women and children for the purpose of sexual exploitations this include trafficking for prostitution, pornography and other sexual exploitations.
  • Child trafficking: This type of trafficking focuses on children and may include forced labour, sexual exploitation, child marriage, and the use of minors in armed combat. Child trafficking is particularly troublesome since children frequently have no say in what is happening are trusting of people and easily persuaded, are unable to fight back, and are not always able to care for themselves.
  • Organ trafficking: which is the illegal removal, sale, or transplantation of human organs, tissue, or cells, is also considered a type of contemporary slavery because the victims are often unable to make a voluntary decision. Instead, they are preyed upon in various portions of their bodies.
  • Bonded Labour: This sort of trafficking, also known as debt bondage, is a form of forced labour in which a person is forced to work in order to repay a debt or loan that is frequently passed down through generations.

Laws Related To Human Trafficking In India And Various Conventions Adopted:

The Indian Constitution prohibits human trafficking under Article 23 (1). The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the primary legislation aimed at preventing commercial sexual exploitation. The Criminal Law (Amendment) Act of 2013 has taken effect, replacing Section 370 of the Indian Penal Code with Sections 370 and 370A IPC, which provide for comprehensive measures to combat the menace of human trafficking, including trafficking of children for exploitation in any form, including physical or sexual exploitation, slavery, servitude, or forced organ removal. The Protection of Children from Sexual Offences (POCSO) Act, 2012, which went into effect on November 14, 2012, is a specific law that protects children.

India has ratified the UN Convention on Transnational Organised Crime (UNCTOC) and the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. Various actions have been taken to implement these conventions including the enactment of the Criminal Law Amendment Act, 2013. Additionally, a bilateral Task Force has been established between India and Bangladesh to address cross border trafficking issues. Meetings and study tours have been conducted to share experiences and improve anti:trafficking efforts.

Preventive Measures:
  1. Border measures: To combat cross-border trafficking, it's important to enforce strict laws, monitor trafficking routes, and promote social accountability.
  2. Economic and social policies: Improving social protection and creating work possibilities. Eliminating discrimination against women in the workplace to ensure gender equality, equal pay, and equal job chances. Creating programs that provide livelihood opportunities, basic education, reading, communication, and other skills, and lower barriers to entrepreneurship. Promoting gender equality and respect, reducing violence against women Ensuring policies promote equitable access for women.
  3. Awareness-raising measures: By the help of NGOs and Police officials there can some types of advertisements through the popular media in particular location and by conducting some awareness programs in villages, local schools, among kids of the poor society and public to be alert of being victimized.
  4. Legislative measures: Adopting or strengthening legislative, proper law enforcement, incorrupt officials, educational, social, cultural, International Journal of Applied Research or other measures and, where applicable, penal legislation, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and that leads to trafficking.

A thorough review of the origins and consequences of trafficking highlights the necessity for a comprehensive human rights approach to address the issue.
This perspective protects victims from human rights violations by both State and non:State actors, in addition to punishing those who commit crimes. The state is responsible for protecting and respecting the rights of all citizens, particularly vulnerable populations.

Human trafficking harms persons' dignity, security, and human rights so i think stricter laws , strict punishment, less corruption can bring a change to provide a basic human right as slavery or work in which they are forced to are against their wish which is biggest violation of human right. The problem is still in our hands to be solved if the strong steps are taken deliberately and policies are made and implemented strictly. If timely steps are not taken then in very short time it will remain late but too late.

  3. Hiding a criminal or suspected criminal. This will normally constitute the offence of impeding apprehension or prosecution
  4. Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to. Illegal immigration tends to be financially upward, from poorer to richer countries.
  6. Non Governmental Organization

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