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Author: Gurjinder Singh Co-author: Jitender Bansal Institution: Rayat & Bahra College of Law

Prostitution happens to you because of troubles you had. In reality no woman would choose to do that. Trafficking and prostitution are two distinct but linked phenomena. Trafficking in women and children is a matter of great concern all over the world. In South Asia, cross-border trafficking and transit to destination is a big problem. Even more prevalent is the movement of persons within the countries of the region for exploitation in various forms. There are no definite figures about the number of victims. Trafficking for commercial sexual exploitation is the most virulent form in South Asia. The main objective behind the trafficking of Women and Girl Child are to involve them in forced prostitution. Violence against women can have a myriad of devastating consequences on women's short and long-term health and wellbeing. Along with the immediate physical and emotional impacts of violence, women's overall quality of life can be adversely affected over an entire lifetime, which can, in turn, impact their participation and engagement in various aspects of life and society The paper laid emphasis on the sexual violence namely Prostitution and trafficking of women and the girl child. It is important to understand the causes and consequences of the same. The most important issue addressed in the paper is the problem of rehabilitation which eventually lead the Women and Girl Child who had been rescued to indulge in same abuse because on unavailability of resources and lack of moral support . The paper presented is mainly divided into three parts:First part of paper, defines what all constituted forced prostitution and child trafficking of women and what are their causes and consequences Second part of paper dealt with the problems of rehabilitation of rescued girls and women. Third part of paper dealt with the suggestion and recommendation that what can be done for combating these problems. A well said quote which inspires us more to tackle these problems affectively is seen as follows:Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has


Gender-based violence is a violation of human rights and a form of discrimination. It is defined as violence that is directed against a person on the basis of gender. Gender-based violence reflects and reinforces inequalities between men and women. 1 The definition of gender-based abuse/violence as defined by the declaration of United Nations, defines it as:"Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life".2 The circumstances of gender violence or we called it as sexual violence against women range widely and includes in it rape by strangers, within marriage or dating relationships, prostitution and sex trafficking, child marriage, and violent sexual acts including female genital cutting.3 This sexual violence results in rigorous detriment to the health of the victims viz. physical harm, mental harm and psychological harm. The study found that poverty and lack of awareness about being at risk for trafficking are the major precursors for their trafficking experience. Abduction, fake marriages and the seduction of a better job were the major approaches adopted by pimps to traffic the women. The paper laid emphasis on the sexual violence namely Prostitution and trafficking of women and the girl child. It is important to understand the causes and consequences of the same. The most important issue addressed in the paper is the problem of rehabilitation which eventually lead the women and girl child who had been rescued to indulge in same abuse because on unavailability of resources and lack of moral support .

1 2

http://eige.europa.eu/content/what-is-gender-based-violence last seen on 30/07/2012 Article 1 of Declaration on the Elimination of Violence against Women, adopted by UN on 20 th December, 1993. 3 World Health Organization (WHO). World Report on Violence and Health (2002): 149

Forced Prostitution and Child Trafficking of women

Forced prostitution and child trafficking of women in one way or other correspond to each other. The problem of forced prostitution and child trafficking had been discussed on international platform by the world community on different occasions and at different times via the various conventions of United Nations, human rights activists and many other world organizations. Prostitution is an extreme form of gender discrimination. Trafficking of women is the result of rising demand of women in prostitution and for the purpose of slavery in a way to enhance economic capabilities in inhuman and barbarous means. The Prostitution is considered to be one of the oldest professions of the world practiced since the birth of the organized society. Prostitution is practiced in almost all the countries and every type of society. Prostitution may be voluntary or involuntary in nature. Involuntary prostitution also referred to as Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.4 Under customary laws of all countries, every form of involuntary prostitution is considered to be illegal. The trafficking of children, defined as the recruitment, transport, transfer, harboring or receipt of a person under the age of 18 for the purpose of exploitation (including prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs),5 is widely recognized as presenting a threat of global proportions. Trafficking into the sex trade has been a global phenomenon Trafficking of women into prostitution is a serious form of violence and exploitation against women. These forms of violence against the women which are on the edges of gender based violence are serious threats and are resulting in deteriorating standard and status of women and their values in society. In furtherance of the above noted problem, it shall be noted that the trafficking of women child, under any civil law is illegal and on the face of it, it can be said that this illegal trafficking lead to the child labour which is not recognized by the law6 and it is a criminal offence under the law. Child means a person who has not completed his fourteen year of age.7

http://www.unhchr.ch/huridocda/huridoca.nsf/0/3d25270b5fa3ea998025665f0032f220?OpenDocument, last seen on 30/07/2013. 5 Article 3 Protocol to Prevent Suppress and Punish, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. 6 Section-3, The Child labour(abolition and Prevention ) Act,1986 7 Section-2(ii) , The Child labour(abolition and Prevention ) Act,1986.

The problem of child labour is a multi-dimensional one as the children from a large segment of the total population. Child prostitution involving both boys and girls is very common today but female child prostitution is more common than male child prostitution. Ironically child prostitution is a special category of rigorous case of child labour and it raises more troubling ethical problems than child labour in general.8 Over the last decade, the volume of human trafficking and forced prostitution has increased though the exact numbers are not known. The Trafficking in Persons Report evaluates each country's progress in anti-trafficking and places each country onto one of three tiers based on their governments' efforts to comply with the minimum standards for the elimination of trafficking as prescribed by the Trafficking Victims Protection Acts. Although, India is listed in Tier II country, according to which tier II is for those countries whose governments do not fully comply with the minimum standards of the Trafficking Victims Protection Act's (TVPA) but are making significant efforts in this regard.9 In reality , the percentage criteria for the evaluation of report does not seem good enough to define the extent of efforts and control over Human trafficking. Furthermore, if we take this percentage evaluation in comparison to the population of the country, the numbers that would have come out will be drastic. The victims of trafficking are frequently exposed to physical and sexual abuse, dangerous work environments, and denied access to education. They are also typically placed in situations of extreme dependence and conditioned to believe that they have no alternative life options. These conditions of life make them to work against their will which includes slavery as well as prostitution. UNICEF remarks that: Traffickers exploit the fact that children have a less-developed capacity than adults to assess risk, to articulate and voice their worries (about being exposed to danger), to distinguish right from wrong (when being required to commit a crime) and to look after themselves (including taking action to defend themselves from harm).10

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http://www.pucl.org/from-archives/Child/prostitution.htm last seen on 30/07/2013 http://indiatoday.intoday.in/story/us-moves-india-to-tier-2-of-human-trafficking-index/1/142956.html last seen on 30/07/2013 10 UNICEF, Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe (2006), pg 2728

Causes and Consequences

There are many causes prevalent in our society that led to the presence of these evils in our civil society. In India, where almost half of the populations are women, they have always been ill-treated and deprived of their right to life and personal liberty as provided under the constitution of India. 11 The Fundamental rights guaranteed under the constitution of India are being violated, because active participation of law enforcement is lacking. For any kind of violence against women many factors that are of paramount consideration in India are:1. Gender inequality; 2. Higher hand to male community that that of women; 3. No enough opportunities are available to womens; 4. Not aware of their rights protected by law. The causes of global trafficking and forced prostitution are varied and complex, but notably include poverty, lack of opportunities, the economic gains to be made through the exploitation of children, entrenched gender discrimination and discriminatory/harmful cultural practices. Human trafficking, over 20 percent of which is trafficking in children, is believed to be a multi-billion dollar industry.12 Trafficked children have many faces. They are, to take only a few examples, prostitutes; mail order brides; beggars; child soldiers; and laborers in homes, on plantations and in mines. Children most in danger of being trafficked are those who are subject to pervasive discrimination, including minorities, stateless children, refugees and girls.13 A report produced by the United Nations Population Fund provides the following assessment: (a) women and girls are, generally, less valued they are more often seen and used as commodities they are easy targets for traffickers.14 The majority of trafficked Women and Girl child are enticed away from their homes with false promises, or unwillingly and unknowingly abducted, lured, drugged or otherwise dragged away. India is an origin, transit and destination country for trafficking in persons.

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Article 21 Constitution of India. ECPAT International, Their Protection is in Our Hands: The State of Global Child Trafficking for Sexual Purposes (2009), 6. 13 Trafficking of Children for Prostitution and the UNICEF Response <http://www.asiasociety.org/policypolitics/human-rights/trafficking-children-prostitution-and-unicef-response> last visited on 30/07/2013. 14 UNFPA, Trafficking in Women, Girls and Boys. Key Issues for Population and Development Programmes (2002) 6

Women and children are trafficked from neighboring countries such as Bangladesh and Nepal to India, and in many cases are trafficked to countries in the Persian Gulf area, the Middle East and Europe. Trafficking primarily takes place for the purposes of commercial sexual exploitation, as well as for other forms like exploitation for labour and other purposes such as organ transplant and forced marriage.15

Rehabilitation of victims :- problems faced after rescue or escape from the social evils.
Rape and other forms of sexual violence are considered violations of human rights and international humanitarian law and, in the context of war and political conflict, can amount to a crime against humanity.16 States are legally obligated to protect women from sexual violence in times of conflict, and provide survivors with appropriate medical and psychosocial services. The World Health Organization and the United Nations High Commissioner for Refugees have defined some of the rights and services that should be afforded to victims of sexual violence:17 Right to Health: Every survivor has the right to quality reproductive healthcare services including prevention and management of sexually transmitted infections (STIs), HIV/AIDS, and pregnancy. Right to Human Dignity: Victims of sexual violence deserve to be treated with respect and dignity. This means they should be provided equitable access to medical care, privacy, confidentiality, clear information in their native tongue about possible interventions, and a safe clinical environment. Right to Non-Discrimination: Laws, policies, or practices should not discriminate against a victim of sexual violence on any grounds (including sex, ethnic group, and the like). Right to Self-Determination: Survivors of sexual violence should be able to make their own decisions about whether to receive treatment or an examination. It is important that a victim receive clear information about her options in order to make an informed decision. Right to Information: Information about possible options should be provided to each victim. Right to Privacy: Victims of sexual violence should be afforded complete privacy while giving their statements and undergoing a medical or forensic examination.


South Asia Regional Conference: Responding to Trafficking for Sexual Exploitation in South Asia, Vigyan, New Delhi, 10-11 October 2007) 16 International Criminal Court, Rome Statute (1998) 17 WHO/UNHCR, Clinical Management of Rape Survivors(2004): 3-4.

Right to Confidentiality: All information related to a victims health status should remain completely confidential. Many studies prove the fact that there is re-trafficking of the rescued childrens. Research suggests that a significant number of girls rescued from commercial sexual exploitation are re-trafficked, exposing serious flaws in existing programmes supporting the rescue, return, rehabilitation and reintegration of victims.18 Non-acceptance by families and communities of girls who return home, lack of alternative sources of income or livelihood options and increasing demand for young girls from brothel owners contribute to the re-trafficking of victims. For example, the story of Deepa who had been kidnapped from her house and was forced and tortured to accept prostitution as the profession. Later, she was rescued by the officials and was sent back to home. Her family did not accept her and she was left out with no option other than the acceptance of same profession because of unavailability of resources and lack of opportunities. For instance, in India, a recent survey by the National Human Rights Commission states that only 7 per cent of the police personnel have received any kind of training. The number of cases registered or the percentage of convictions of traffickers is low. The victims are often re-victimized when brought in contact with the law because they are arrested on charges of soliciting. There is an immense need for better shelter facilities for the victims. In other case where, girl was arrested from an illegal brothel, was sexually abused by the police personnels at the police station for the request of bail made by her, later after which she was set free from detention. These social defects in our law enforcement diminish the values of the victims, on the basis of which they are discriminated and as a result of which they accept, prostitution which is considered one of the most eminent social crime, as a profession. There are several serious and negative outcomes for the young women being trafficked. Firstly, they are rejected by the family and community believing that they are soiled or immoral because of their involvement with prostitution. Secondly, there is a fear in the general Nepalese community that prostitutes have HIV. Thirdly, the community members suspect that the prostitutes will maintain sexual contact with the young men of the community and transmit HIV to them. The sense of immorality and fear associated with HIV make the family and community isolate those women. The women often face torture,


HAQ Centre for Child Rights. Child Trafficking in India (unedited version). 2005.

humiliation and rejection from family and society. As a consequence, those young women face cut off from all forms of social and family The problem of child trafficking is of alarming situation. India is considered as a source, destination, and transit country for men, women, and children subjected to forced labor and sex trafficking. The forced labor of millions of its citizens constitutes India's largest trafficking problem; men, women, and children in debt bondage are forced to work in industries such as brick kilns, rice mills, agriculture, and embroidery factories. A common characteristic of bonded labor is the use of physical and sexual violence as coercive tools.19 The need of hour is to reconsider the immigration policies towards our neighboring states and implementing better immigration laws for combating the problems of forced prostitution and child trafficking of women. Also it is the lack of law enforcement and failure on the part of government to provide the rescued girls/women proper employment opportunities, resources, making them aware about the health risks so that they can start their life in a new way instead of re-trafficking of accepting the prostitution as a profession.

Suggestion or recommendation/ what can be done?

The Government of India should come out with some more stringent laws to protect the rights of women who are victims of violence of any kind occurring within the family, so that it will work as the preventive measure to eradicate the crime. What can be done is Building a business coalition against trafficking; facilitate a process of developing voluntary codes of conduct, especially in respect of supply chain management and human resources and other relevant sectors, and encourage other corporate partners to do likewise. Government should support ongoing and future activities/projects of civil society on antitrafficking through corporate social responsibility initiatives. Launching in different phases different public awareness campaign on anti-human trafficking and health awareness camps which tells about the health hazards arising out of prostitution in the areas here situation is alarming. The laws which are available presently for combating child trafficking, illegal prostitution and child labour should be enforced properly with the help of government effective machinery

Refworld | 2012 Trafficking in Persons Report India dtd. 21/07/2013

A commission for the womens affected by sexual violence can be made for the betterment of the victims rescued or who will be rescued in the future which will keep an eye on the implementation of various laws relating to these problems and will maintain check and balances on the same . This commission shall have power to direct or advise the state governments necessary steps for combating the problems. An innocence and lack of awareness is a major precursor for women being trafficked into prostitution. Due to lack of information, they do not perceive their risk of abduction. Although there are several incidences of trafficking of young women from rural, hilly regions of Nepal, many of the inhabitants from these areas are unaware of such risks. Also due to poverty and lack of earning opportunities, many young women are involved in arduous, physical labour. Earning money is the major expectation for these women. For the solution of awareness major plans treated to health campaigns and awareness has to be starts as soon as possible so that more lifes can be saved from the dust and blunder of these social evils. More job opportunities with high pays without any discrimination based on gender should be provided to the women. State Advisory Committees must be made functional in all States to allow for the effective implementation of Indias Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children. Action planning at the state level should also be expedited. The budget allocated for National Plan of Action implementation at both levels must be increased. Child trafficking unfortunately remains a low priority issue for government and state actors, who have shown little political will to seriously address this problem. To prevent re-trafficking and further exploitation of CSEC victims, reintegration programmes, initiated by the Ministry of Women and Child Development, should be widely replicated in the most affected state districts. NGOs and Community Based Organizations should be included in the process of reintegration to ensure the protection of children and effective results. Government should join hands with various NGOs working in favour of the above cause What is most importantly needed a commitment from government is essential to execute measures, such as activation of law enforcement to stop trafficking of young women in to prostitution.