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Heal The World, Make It A Better Place For You And For Me And The Entire Human Race There Are People Dying, If You Care Enough For The Living, Make A Better Place For You And For Me---MICHAEL JACKSON In India, a woman is traditionally regarded as an honorable and dignified personality. She is respected as goddess. It is well known to all of us that woman is subject of authors and poets and object for artists and sculptors. Undoubtedly she is the symbol of beauty and an embodiment of affection and love. This all is true but this is also true that the word woman also stood for a decorative piece, in the household of man in the male dominant society. In this ever-changing atmosphere the status of woman remains the fluctuating one. When we study the Constitution we find that while its creation, our Constitution makers have inducted specific provisions for improvement of status of women. Despite of all this, social conditions, economic imbalance, are very important factors which tend to create social problems by which women are made to suffer and even today are subject to exploitation. According to a recent study released by the United Nations Fund for Population, Female migrants constitute now nearly half of all migrants worldwide with an overwhelming majority migrating to developed countries. Mix of political and socio-economic factors is fuelling female migration .At the age of the globalized poverty, lack of chance, illiteracy and marginalization that affect women in specific way, migration is considered by some women as the unique solution to reach the welfare. Globalization via its tools is exercising a negative impact particularly on women who are not well educated or are illiterate and marginalized.
The supreme Law of Land: Constitution in its preamble enshrines that the Policy framers have to take measures so that position of women may be secured, In light of this, the Fundamental Rights in the cons enshrined in the Constitution of India also takes care of the special position of women. Article 23 provides right to women against exploitation and prohibits traffic in human beings and forced labor.1 Social anthropologists are of the view that trafficking has always been present in society in the one form or the other.2 Trafficking is internationally organized criminal phenomenon clearly indicating human rights abuse and it is undoubtedly the worst form of exploitation. So, what we have to think for is the ever increasing commercialization of trafficking, forms and facets which it had acquired in the present scenario. Trafficking is an ambiguous phenomenon. So, by analyzing the concept of globalization and its effect on trafficking of women in India, by analysing causes, evil consequences, legal provisions for combating trafficking and legal pronouncements from all available sources of the patterns and practices of trafficking and exploitation of women in Indian Region on the globe,we can get a good deal regarding the adequacy of legal provisions relating to trafficking in India and the globe.We also can know that whether the globalization is a ban or a boon in the present society.
STATEMENT OF PROBLEM:
This paper presents an analytical study on effect of globalisation on trafficking in women in India, the trend of trafficking is on the rise, but the existing knowledge is inadequate for a full understanding of the phenomenon at this regional level and it is recognized here that within those who are marginalized by globalization, it is the women who are most often in the weakest position. The paper is based on secondary data and analysis of existing literature on trafficking in India.
Research Objective:
1.To analyze the concept of globalization and its effect on trafficking of women in India.
V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers) ibids
2.To find whether the process of globalization is a ban or a boon towards the trafficking process. 3.To analyze causes, evil consequences, legal provisions for combating trafficking and legal pronouncements from all available sources of the patterns and practices of trafficking and exploitation of women in Indian Region on the globe. 4.To analyze the adequacy of legal provisions relating to trafficking in india and the globe.
HYPOTHESIS
By controlling the rapid growth of the globalization we can control the increasing rate of trafficking in India.
RESEARCH METHODOLOGY:
A descriptive and analytical method has been followed throughout the course of this paper and various aspects have been considered before reaching a conclusion of all factors involved.To achieve the aforementioned objective, the scope of the researcher was confined to secondary data collection obtained from books and articles on human trafficking, women human rights obtained from the library. The researcher has also accessed the internet for studying articles and reports on the issue involve.
there are some terminologies which are common in all the definitions of trafficking like, violence, deception, and deprivations of freedom of movement.
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The Oxford English Dictionary defines traffic as trade, especially illegal (as indrugs). It has also been described as the transportation of goods, the coming and going of people or goods by road, rail, air, sea, etc. The word trafficked or trafficking is described as dealing in something, especially illegally (as in the case of trafficking narcotics).4 The most comprehensive definition of trafficking is the one adopted by the UN Office of Drugs and Crime in 2000, known as the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,2000 under the UN Convention against Transnational Organized Crime (UNTOC). This Convention has been signed by the government of India. Article 3 a) Trafficking in persons shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the 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 of receiving of payments or benefits to achieve the consent of a person having control over another persons, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor services, slavery or practices similar to slavery, servitude or the removal of organs;5
V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers) Oxford English Dictionary (2009, Oxford University Press) http://www.bayswan.org/traffick/deftraffickUN.html,10.40pm,12.12.07
CAUSES OF TRAFFICKING
Moving some times back.. In 19th century the discourse of prostitution came from England and other European Countries and the United States. The regulationalists saw it as a necessary evil and sanctioned a state system of licensed brothels.
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Indian society, does not tolerates the trafficking of women which is directly related to prostitution.7 One of the surprising fact is the trafficking route for South Asian region is known to exist between Bangladesh, Pakistan, Nepal, Sri Lanka and different parts of India, from where women are transported to Bombay. But what causes trafficking is a point of concern. The answer is various factor such majorly economic factors and socio- cultural factors are basically responsible for this evil.
V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers) ibid
I)Economic Factors
Migrating labor ranges from people who move for personal and professional development, usually middle class professionals, to semi-skilled, unskilled and low-skilled workers, moving to areas offering higher wages for relatively low skills. While migration involves risk for all those who undertake it, whether highly skilled or less so, trafficking mainly involves people at the lower end of the skill level scale. For the latter group, with minimal skills, migration is more an issue of survival. Internal mobility is critical to the livelihoods of many people, especially tribal people, socially deprived groups and people from resource-poor areas. Women and children form the largest group of this unskilled paid labor. According to the 1991Census of India, a large number of women migrants were agricultural laborers (44.1per cent) and cultivators (37.6 per cent); only 3.2 per cent were in household industries and 15.1 per cent were in other activities.8 These migrants are exposed to large uncertainties and are also more willing to take risks, so they are likely to get trapped more easily. Migrant labor from this category is also preferred because they may lack the requisite support structures to defend or demand their rights, both during migration and at the new work sites. Their limited bargaining power impairs their ability to overcome vulnerability or resist exploitation. Findings from the field survey conducted during this study reiterate that a majority of the respondents (52.4 per cent) were trafficked in the context of a search for livelihood. The socio-economic profiles of women and children interviewed clearly indicate that they belong to the low-skilled workers category. About 50 per cent of the respondents in ARTWAC had a monthly family income of up to Rs.1,000 only. Labor migration satisfies demands for labor at all levels of the economic sector, while trafficking supplies mainly to the unorganized and exploitative sectors of the economy. This is supported by the findings of ARTWAC. The majority of the victims were trafficked into commercial sexual exploitation, domestic work, rag picking, begging, and other unskilled jobs. Searching for better opportunities do manage to find a better life most of the time, but some may become trapped in situations which are exploitative. These people are then at a greater risk of being trafficked. An instance of this may be seen in Nepal, where people move during certain periods of the year, to work in the carpet industry. Conditions of work are
Data and Research on Human Trafficking: A global Survey( International Organisation on Migrations Annual Report)
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exploitative, and women fall for false decent work offers by traffickers (Human Rights Watch 1995, Sangroula 2001).
II)Socio-cultural factors
Social discrimination and disturbed families, with problems of alcohol, drug, physical or sexual abuse fuel a desire to move away, especially in the case of girls/women and who more easily fall for false promises. Women in situations of instability trust agencies or people, who may use the opportunity to traffic them. Runaway girls/women and children are at a greater risk of being trafficked. Breakdown of traditional family structures and support systems increases the responsibility of women to support families, who then tend to take greater risks while migrating to provide incomes for their families, by sending remittances. Women also tend to look for alternatives because of their expanding sense of economic and personal autonomy, greater levels of independence. They tend to be at a greater risk as they are in a vulnerable position without their communitys support (Raymond 2002). Poverty and deprivation, coupled with low status of girls in the society is indeed some other minor causes for trafficking of women and prostitution. According to UNICEF report trafficked are often required to work to supplement their meager incomes.9
that is new. And this attention is a reflection less of new legal analysis than of the persistent efforts of womens rights activists within and outside the human rights movement. It is not difficult to assess womens rights, as some contend. The difficulty is a matter of resources, not a matter of methodology. Back in the mid-1980s, the feminist writer and activist Robin Morgan surveyed 70 countries around the world. The resultant book, Sisterhood is Global, included information on women with respect to education, literacy, life expectancy, political participation, representation in the work force, proportionality of wages, and laws relating to marriage, divorce, family, reproductive rights, sexual harassment, violence against women, and prostitution. Only recently have certain human rights groups taken up such issues as the trafficking of women, female genital mutilation, and domestic violence in some countries. But they do not yet comprehensively and systematically address the human rights of women in their annual international surveys. The hope is that as more resources become available for international womens rights, more comprehensive and systematic monitoring will take place. Equality Now is also working to break down the public/private distinction traditionally drawn by the human rights movement. Historically the private sphere of action has been excluded from the agenda of the human rights movement, even though it is equally protected by the UDHR. The UDHR represents a broad and balanced conception of human rights. With more support, organizations working for womens rights and for economic and social rights can help create an equally broad and balanced human rights movement. A wide array of international norms applies to trafficking in women and children for prostitution. These norms involve several categories of rights. Trafficking implicates civil and political rights, equality rights, and the right to be free from slavery and slavery-like practices. Trafficking is also intricately connected to economic, social, and cultural rights. Moreover, the subject falls within the purview of a range of United Nations organs and international treaties whose procedures can generate international pressure on recalcitrant governments.
International Laws:
The following are the most important International Conventions regarding trafficking of womenThe Convention on the Elimination of All forms of Discrimination against Women, (CEDAW) 1979.
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V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers) ibid ibid
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Article 6 of CEDAW requires measures to suppress all forms of trafficking of women and to oppose the exploitation of prostitution. The Protocol is there to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
Article 23 of the Constitution: Guarantees right against exploitation; prohibits traffic in human beings and forced labor and makes their practice punishable under law.
Indian Penal Code, 1860: There are 25 provisions relevant to trafficking; significant among them are Section 366A procreation of a minor girl (below 18 years of age) from one part of
the country to another is punishable. Section 366B Section 374 will. importation of a girl below 21 years of age is punishable. provides punishment for compelling any person to labor against her
Immoral Traffic (Prevention)Act, (ITPA) 1956 [renamed as such by drastic amendments to the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) Deals exclusively with trafficking; objective is to inhibit / abolish traffic in women and girls for the purpose of prostitution as an organized means of living; offences specified are-
Procuring, including or taking persons for prostitution; Detaining a person in premises where prostitution is carried on; Prostitution is or visibility of public places; Seducing or soliciting for prostitution; Living on the earnings of prostitution; Seduction of a person in custody; and Keeping a brothel or allowing premises to be used as a brothel.
DEFINITION
According to the Oxford English Dictionary, the word "globalization" was first employed in a publication entitled Towards New Education in 1952, to denote a holistic view of human
experience in education. An early description of globalization was penned by the founder of the Bible Student movement Charles Taze Russell who coined the term 'corporate giants' in 1897, although it was not until the 1960s that the term began to be widely used by economists and other social scientists. The term has since then achieved widespread use in the mainstream press by the later half of the 1980s. Tom G. Palmer of the Cato Institute defines globalization as "the diminution or elimination of state-enforced restrictions on exchanges across borders and the increasingly integrated and complex global system of production and exchange that has emerged as a result." Early history of globalization (ORIGIN) According to most scholars and researchers, it is the modern age which led to the origin of globalization. In this age, wide spread development took place in the field of infrastructure and connectivity. This led to more interaction between the nations and sharing of ideas, culture and tradition took place. All these put a direct impact on the process of globalization. In the economic scenario, more trade links started taking place between countries on a global scale which influenced global as well as domestic economies to a great extent. However, there are some scholars who point out that the origins of the history of globalization can be traced back to the ancient civilizations. Scholars who advocate this theory say that the example of the earliest forms of globalization is the trade links between the Sumerian civilization and the Indus Valley Civilization in third millennium B.C. In fact, after this age, there are numerous instances where trade links were established between various countries like India, Egypt, Greece, and Roman Empire and so on. There were regular business links between the Parthian Empire, Roman Empire and Han Dynasty. The popularity of the trade relations led to the development of various trade routes like Silk Road and so on.
fact, this system of colonization put a deep impact on agriculture, trade, ecology and culture on a global scale.
Promotion of free commerce and trade Abolition of various double taxes, tariffs, and capital controls Reduction of transport cost and development of infrastructure Creation of global corporations Blend of culture and tradition across the countries
Another milestone in the history of globalization is the creation of the World Trade Organization which led to the growth of a uniform platform to settle trade and commercial disputes. According to economic surveys, the world exports improved significantly from 8.5% to around 16.2% due to globalization.
EFFECT OF GLOBALIZATION
Globalization is largely a micro-economic process. This is in contrast to the general tendency to view globalization in macro-economic terms such as internationalization, interdependence etc. Globalization process has its origin in the across-the-border operations of individual firms and companies. Severe competition at home led many firms to undertake development, production, sourcing, marketing and financing activities across the border. This has been accompanied by the
movement of capital, technology, information and the ownership or control of assets. Viewed in micro-economic terms, globalization is part of the broader process of marketization. In the new millennium, the forces of globalization are likely to continue, against the background of the meaning of the twentieth century in world history. As the twentieth century comes to a close, scholars have interpreted globalization in three distinct ways. I: Forces that are transforming the global market and creating new economic interdependency across vast distances. Africa is affected, but not centrally. II: Forces that are exploding into the information superhighway, expanding access to data and mobilizing the computer and the Internet into global service. This tendency is marginalizing Africa. III: All forces that are turning the world into a global village, compressing distance, homogenizing culture, accelerating mobility, and reducing the relevance of political borders. Under this comprehensive definition, globalization is the gradual villagization of the world. Thomas Friedman defines globalization as enhaced ability for individuals, companies, and governments to reach out to each other in a faster, deeper, and cheaper manner. Globalization has been driven by many factors : enhanced technology access, speed and volume in information sharing, greater capital mobility, trade alliances and integration, cheaper communication costs, expansion in international travel, convenience in the shipment and movement of goods - among a host of other reasons. Other authors point out to 3 effects of globalization: 1) globalization of production - where companies can establish production bases in any suitable foreign location, 2) globalization of products and 3)globalization of market. The concept came into market due to changes in the norms in.. -Trade Barriers -Customer Demands -Globalization of Competitors -Regulations and Restrictions -Growth opportunities - Resource assess and Cost Savings
Industrial - emergence of worldwide production markets and broader access to a range of foreign products for consumers and companies. Particularly movement of material and goods between and within national boundaries. International trade in manufactured goods increased more than 100 times (from $95 billion to $12 trillion) in the 50 years since 1955. China's trade with Africa rose sevenfold during 2000-07 alone. Financial - emergence of worldwide financial markets and better access to external financing for borrowers. By the early part of the 21st century more than $1.5 trillion in national currencies were traded daily to support the expanded levels of trade and investment.
Economic - realization of a global common market, based on the freedom of exchange of goods and capital. Job Market- competition in a global job market. In the past, the economic fate of workers was tied to the fate of national economies. With the advent of the information age and improvements in communication, this is no longer the case. Because workers compete in a global market, wages are less dependent on the success or failure of individual economies. This has had a major effect on wages and income distribution. Political - some use "globalization" to mean the creation of a world government which regulates the relationships among governments and guarantees the rights arising from social and economic globalization. Politically, the United States has enjoyed a position of power among the world powers, in part because of its strong and wealthy economy. With the influence of globalization and with the help of the United States own economy, the People's Republic of China has experienced some tremendous growth within the past decade. If China continues to grow at the rate projected by the trends, then it is very likely that in the next twenty years, there will be a major reallocation of power among the world leaders. China will have enough wealth, industry, and technology to rival the United States for the position of leading world power. . Informational - increase in information flows between geographically remote locations. Arguably this is a technological change with the advent of fibre optic communications, satellites, and increased availability of telephone and Internet. Language - the most spoken first language is Mandarin (845 million speakers) followed by Spanish (329 million speakers) and English (328 million speakers). However the most popular second language is undoubtedly English, the "lingua franca" of globalization: About 35% of the world's mail, telexes, and cables are in English.
Approximately 40% of the world's radio programs are in English. English is the dominant language on the Internet. Competition - Survival in the new global business market calls for improved productivity and increased competition. Due to the market becoming worldwide, companies in various industries have to upgrade their products and use technology skilfully in order to face increased competition. Ecological - the advent of global environmental challenges that might be solved with international cooperation, such as climate change, cross-boundary water and air pollution, over-fishing of the ocean, and the spread of invasive species. Since many factories are built in developing countries with less environmental regulation, globalism and free trade may increase pollution and impact on precious fresh water resources(Hoekstra and Chapagain 2008). On the other hand, economic development historically required a "dirty" industrial stage, and it is argued that developing countries should not, via regulation, be prohibited from increasing their standard of living. Cultural - growth of cross-cultural contacts; advent of new categories of consciousness and identities which embodies cultural diffusion, the desire to increase one's standard of living and enjoy foreign products and ideas, adopt new technology and practices, and participate in a "world culture". Some bemoan the resulting consumerism and loss of languages. Also see Transformation of culture.. Greater international travel and tourism. WHO estimates that up to 500,000 people are on planes at any one time. In 2008, there were over 922 million international tourist arrivals, with a growth of 1.9% as compared to 2007. Greater immigration, including illegal immigration. The IOM estimates there are more than 200 million migrants around the world today. Newly available data show that remittance flows to developing countries reached $328 billion in 2008. Spread of local consumer products (e.g., food) to other countries (often adapted to their culture). Japanese McDonald's fast food as evidence of corporate globalization and the integration of the same into different cultures. Globalization has influenced the use of language across the world. This street in Hong Kong, a former British colony, shows various signs, a few of which incorporate both Chinese and British English Culinary culture has become extensively globalized. For example, Japanese noodles, Swedish meatballs, Indian curry and French cheese have become popular outside their countries of origin. Two American
companies, McDonald's and Starbucks, are often cited as examples of globalization, with over 31,000 and 18,000 locations operating worldwide, respectively. Another common practice brought about by globalization is the usage of Chinese characters in tattoos. These tattoos are popular with today's youth despite the lack of social acceptance of tattoos in China. Also, there is a lack of comprehension in the meaning of Chinese characters that people get, making this an example of cultural appropriation. Social - development of the system of non-governmental organisations as main agents of global public policy, including humanitarian aid and developmental efforts.
Technical
Development of a Global Information System, global telecommunications infrastructure and greater transborder data flow, using such technologies as the Internet, communication satellites, submarine fiber optic cable, and wireless telephones Increase in the number of standards applied globally; e.g., copyright laws, patents and world trade agreements. Legal/Ethical The creation of the international criminal court and international justice movements. Crime importation and raising awareness of global crime-fighting efforts and cooperation. The emergence of Global administrative law. Religious The spread and increased interrelations of various religious groups, ideas, and practices and their ideas of the meanings and values of particular spaces.
7. More jobs are created 8. There is security from famine, disease, etc as international firms intervene.
Demerits:
1. Local industries get dislodged. 2. In times of war, there is a problem 3. There is political interference and conflicts arise 4. The balance of payments is badly affected 5. Under developed countries are exploited 6.Liberalization of sex industries
is to be controlled now in order to save the world from the Goth of global prostitution even in india. So, globalization which brought a huge rate of prosperity with it, brought some dangerous seeds of destruction and disculture. We can study it by going through different findings.So, now in our mind it also goes on running that whether globalization is a boon or a ban to the society????
United States Department of State, Trafficking in Persons Report 2009 - India, 16 June 2009, available at: http://www.unhcr.org/refworld/docid/4a4214b4c.html [accessed 16 August 2010]
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The central government and state governments continued to demonstrate efforts to combat sex trafficking of women and children, though convictions and punishments of sex traffickers were infrequent. The central government's National Crime Records Bureau provided limited comprehensive data, compiled from state and union territory governments, on actions taken against sex trafficking offenses in 2007. The 2007 data indicated that 4,087 cases were registered (investigations started) which likely includes sex trafficking cases referred to courts for prosecution as well as cases investigated and closed without such referrals. This data did not include reported prosecutions and convictions. Data for 2008 will not be available until 2010. In Andhra Pradesh, Bihar, Maharashtra, Goa, and West Bengal (with a combined population of 360 million people), government officials registered 964 sex trafficking cases, conducted 379 rescue operations, helped rescue 1,653 victims, arrested 1,970 traffickers (including 856 customers), convicted 30 sex traffickers, helped rehabilitate 876 sex trafficking victims, and trained 13,490 police officers and prosecutors. In Mumbai, authorities prosecuted 10 sex trafficking cases but obtained no convictions in 2008. In Andhra Pradesh, courts convicted and sentenced eleven traffickers to imprisonment for 10 to 14 years. Tamil Nadu's state government reported arrests of 1,097 sex trafficking offenders in 2008, though the number of trafficking prosecutions and convictions during the reporting period was not reported. The city of Pune attained its first sex trafficking conviction in 2008.14
trafficking. The conditions of prostitutes who are being trafficked are contrary to the provisions as mentioned in Universal Declaration of Human Rights: which provides for freedom of thought, organization, profession, and individuals right of self determination and respect. The situation is entirely different in case of women so trafficked and confined forcefully within the four walls of their place of work. There right to human life with dignity is under abuse. There are various
United States Department of State, Trafficking in Persons Report 2009 - India, 16 June 2009, available at: http://www.unhcr.org/refworld/docid/4a4214b4c.html [accessed 16 August 2010]
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forms of prostitution on India and violent persons are involved in the businesses who are culprits of depriving various women from their basic reasonable rights. Due to the existence of the gangs, syndicates and trained individuals involved in the business of trafficking due to which the market of trafficking has became more crucial.Globalization has made the situation more complex . These operate at three levels: 1. Village or Rural level. 2. Centre of power at national level. 3. The regional or International flesh trade Market. The different levels are interlinked and function with the collusion, if not the collaboration of the politicians, public figures, police and local authorities.15The point of utmost importance is that somehow the nature and pattern of trafficking is changing day by day due to socio economic conditions.
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V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers) V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers)
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dimension. In the northeast, areas near Pangsau Pass in Arunachal Pradesh, Dimapur in Nagaland and Moreh in Manipur are the major transit and demand centers. "Women and children from Assam and Bangladesh are trafficked to Moreh in Manipur and sent to Myanmar [Burma] and other Southeast Asian countries through the Golden Triangle," the report said. Women and children from Jorhat in Assam, Mokokchung and Tuensang in Nagaland and Bangladesh are sent through Pangsau Pass to Myanmar and then to Bangkok, it added. The report attributed "insurgency, ethnic clashes and community conflicts" to be the main reason behind the vulnerability of women and children in northeast. Apart from the northeastern region, the traffickers also target tribal girls from Orissa, Jharkhand and from the minority communities in Bihar and West Bengal. Many women become involved in trafficking due to poverty others were trafficked themselves as young girls but were set free a few years later after they promised to lure even younger women into sexual exploitation. Child prostitution in India is further aggravated by the presence of Social Conventions. It is popularly believed a reason for rise in trafficking can be attributed to the myth that having sexual intercourse with a child would prevent a client from AIDS. This was stated in the workshop organized by the UNICEF on Rights of Child.17
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Rural areas are the predominant source of migrants, and correspondingly, ARTWAC (All India Report on trafficking of women and children)found that 68.6 per cent of trafficked women and children were from rural areas. Another similar pattern is observed when data on inter-state migration and intra-state migration is compared to results from trafficked victims movements. According to the 1991 census, the percentage of women who moved for employment purposes within districts in their states was 44.8; and 18.9 per cent moved to other states. ARTWAC found that among the twelve states studied, eight of them had a higher percentage of women being trafficked within the state. In the case of short duration migration, a higher percentage of women are among the inter-state migrants (27.9 per cent). As the necessary data is missing, no conclusions can be drawn. A significant difference is seen in the case of migration streams. The dominant stream in migration is from rural to rural but in the case of trafficking, the dominant movement is towards urban centers. The low rate of rural to urban migration for females suggests an unavailability of supportive networks. This absence may assist traffickers. The trend of increasing number of women moving in the Asia Pacific region has led to a feminization of migration which means that the population movements in the region are being dominated by women (Skeldon 1999). This in turn is because of the feminization of poverty in the region and world over, due to many complex factors. (United Nations 2000). This trend may also be one of the causal factors, for the increase in trafficking of women in the region.
DRUG PEDDLING
Use of children and women for drug peddling is common because it is assumed that they would be suspected the least. Children are initiated into drugs and then used as conduits for peddling. A study carried out by Butterflies, a Delhi based NGO, reveals that girl children as young as nine or ten are initiated into drugs and sexually abused. They are also used as couriers, as they are rarely frisked by the cops.
TRAFFICKING FOR MARRIAGE :Trafficking for marriage is an inter-country and intra-country phenomenon. What makes this form of trafficking very difficult to challenge under law is that there is formalization of the marriage. Young girls from poor families are taken in marriage to another state or country. Not all trafficking that happens in the name of marriage is for the purpose of marriage. Marriage may also be a means to get young girls into prostitution or for labour. Clearly, the nature of the problem is wide in spectrum and the cruelty of the situation varies according to the form and purpose of women trafficking. EXAMPLE :- Hundreds of Bengali women and teenage girls are routinely brought into the
Kashmir Valley every year to be sold to aspiring grooms, who are often poor, old and physically disabled and thus unable to find a local bride. Some aspirants prefer to marry in such a fashion because they cannot afford the huge expenditure involved in performing local customs. In most Kashmiri villages, a groom has to meet the expenses of marriage and even buy gold ornaments and other expensive gifts for the bride. Procurers were very active before the onset of militancy and would smuggle women into the Kashmir Valley mainly from West Bengals Murshidabad district in large numbers. Their activities had seen a shrimp when military had reached its peak. However, with some improvement in the law and order situation, the middlemen have resurfaced. Some women form part of the racket involved in the sex-trade. These women are recruits of Procurers who sell and re-sell them to prospective grooms on commission basis. Each girl or woman, depending on her age and physical features, is bought between Rs, 2,000 and Rs. 15,000, and then sold to a customer for double that amount. The racketeers lure the poor parents of underage girls in West Bengal and Bihar with promises that their daughters will be married off to wealthy people in Kashmir. The parents, stricken by poverty, fall prey to such enticements. In order to avoid penal action under the laws pertaining to trafficking in women, the sale is given a legal colour 19 by solemnizing the marriage through the institution of nikah.
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http://www.rumormillnews.com/cgi-bin/archive.cgi?read=53882 Sona wadhwha, For Sale Childhood (Outlook, 1998) Meena Menon, The Unknown Faces Womens group in Nepal, Trafficking in women and children: the Cases of Bangladesh, pp8and9, UBINIG, 1995
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Human Rights Watch, Robert I. Freidman, Indias Shame: Sexual Slavery and Political Corruption leading to an AIDS catastrophe, The Nation, 8th April 1996
5. 90% of 100000 women in prostitution in Bombay are indentured slaves.24 6. The red light district in Bombay generates at least $400 million per annum in revenue, with 100000 prostitutes serving 365 days a year, at the average rate of 6 customers per day at $2 each.25 7. At least 2000 women are in prostitution at Baina beach front in Goa.26 8. Prostitution in India is Rs.40000 crore business annually27. 9. 160000 Nepalese women are held in Indian Brothels.28 10. India and Pakistan are the main destinations for the children under 16 who are trafficked in south Asia.29 The above listed facts are simply surprising and we can indeed say that India is both a destination and transit area for the trafficking of women and children for South Asia. It is a source, destination, and transit country for men, women, and children trafficked for the purposes of forced labor and commercial sexual exploitation. The Government of India does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Despite these significant efforts, India has not demonstrated sufficient progress in its law enforcement efforts to address human trafficking.30
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Robert I. Freidman, Indias Shame: Sexual Slavery and Political Corruption leading to an AIDS catastrophe, The Nation, 8th April 1996 ibid Frederick Moronha, India Abroad News Service, 9th August 1997 The Times of India, 10th November 1998 Executive Director of SANLAAP, Indrani Sinha, Paper on Globalization and Human Rights Masako lijima, S.Asia urged to unite against child prostitution, Reuters, 19June 1998
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United States Department of State, Trafficking in Persons Report 2009 - India, 16 June 2009, available at: http://www.unhcr.org/refworld/docid/4a4214b4c.html [accessed 16 August 2010]
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Another surprising fact is that Asias largest sex industry center is in Mumbai, the Indian Metro City. So, the question which strikes our mind again is we have laws, legislations, authorities everything but why we are somehow failing in combating the Trafficking.? It is therefore very clear and transparent that we have lacuna in our legislative implementation system which is needed to be removed so that we can have respire in fresh air
CONCLUSION
It is true that the terrorism is a global burning phenomenon but trafficking of women is a problem which needs an immediate attention. It is no secret that women are specially disadvantaged in all strata of Indian society.31 Women and children boys and girls have been exposed to unprecedented vulnerabilities commercial exploitation of these vulnerabilities has become a massive organized crime and a multimillion dollar business. Besides providing the base for trafficking, it is observed that the situations and circumstances influencing people to migrate are the same factors that make them vulnerable to traffickers.It is a problem that violates the rights and dignity of the victims and therefore requires essentially a women rights perspective while working on its eradication. By going through the analysis of globalization, its merits and demerits on the society and state concerned, we can get it that the disadvantage of globalization is one step ahead to its disadvantages, and globalization is an inseparable quest for the prosperity and promotion of society. We are surrounded with the phenomenon of globalization.So, it will be our foolishness if we eradicate the globalization phenomenon from our society by upholding the dignity of the Anti-globalization movements, only in order to control or prevent the women trafficking. Globalization is a concept which has its edge from 2 angles, So, options should be given to the legislature to amend, rectify, alter or enact advanced laws to meet such challenges in this time. Globalization can never be treated as a ban in the society. In India,there are provisions for trafficking and it is better to protect and
31
V.P. Shivastwa, Handbook on crime against women, (2005, Indian Publishers Distributers)
develop them more then as they are not exhaustive in nature. In the fight against trafficking government organizations, non-governmental organizations, civil society, pressure groups, international bodies, everyone has to play a significant role. Law cannot be the only device to take care of each and all trouble. We have to focus apart from the municipal laws ; on the International Humanitarian Law, the solution should be within the domain of Human rights and Humanitarian framework and the action should be against those who are involved in this conduct so that the human rights of the victim could be assured. So,it is wrong to assume that by controlling the globalization ,we can combat against the increased trafficking in India and world at large.
SUGGESTIONS
Following suggestions are given with a view to prevent and combat trafficking: To promote and protect the continuous Quest for globalization The Government at local level and source areas should create compulsory high quality education, employment opportunities and income generation programme. The government of different nations must share the information with each other to evolve a programme that will help both the countries in preventing trafficking. Victims can be made aware of places and institutions where they can seek help. We should create awareness that human trafficking is inappropriate and illegal and has negative consequences. We should create wide publicity regarding the legal, penal provisions against trafficking and the modus operandi of the traffickers through radio, television etc.