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VSRD International Journal of Technical & Non-Technical Research, Vol. IX Issue II February 2018 e-ISSN: 0976-7967, p-ISSN: 2319-2216 © VSRD International Journals: www.vsrdjournals.com, UGC Approved Serial No. 48578
/ 109
RESEARCH PAPER
TRAFFICKING IN WOMEN AND CHILDREN IN INDIA : A SOCIO-LEGAL STUDY Ankit Sourav Sahoo Assistant Professor, Lajpat Rai Law College, Sambalpur University, Sambalpur, Odisha, INDIA. Corresponding Email Id: [email protected]
ABSTRACT Trafficking in children and women has become one of the most vicious abuses of human rights. But it is very hard to fathom the magnitude of the concept as trafficking which is closely related to child labour, bonded labour, child marriage, kidnapping and abduction and prostitution even though these things can exist also independent of trafficking. The results of any immoral and unethical practice can never be positive and fruitful to the national interest. The evil of trafficking in women and children has become a parasite which we are bearing in our body and it has become both a human rights and developmental issue and thus this practice has long listed consequences. According to a new report from the United Nations Office on Drugs and Crime (UNODC), the vast majority of all human trafficking victims are women and girls and one third are children. Men and boys, however, are trafficked into exploitative labour, including work in the mining sector, as porters, soldiers, and slaves. Worldwide, 28 per cent of trafficking victims are children, but children account for 62 per cent in Sub-Saharan Africa and 64 per cent in Central America and the Caribbean. This paper has tried to analyse the nature, causes, modes and volume of women and child trafficking in India. The paper points out the need to evolve a multidimensional approach and focuses attention on structural factors of trafficking and to recommend effective suggestions to combat the social evil. Keywords: Women Trafficking, Child Trafficking Human Rights, Prostitution, Kidnapping And Abduction, Child Marriage, Child Labour.
1. INTRODUCTION Trafficking in women and children for labour and/or sexual exploitation is a deep-rooted and grievous issue in India. The United Nations’ Palermo Protocol defines trafficking in persons as "the recruitment, transportation, transfer, harbouring 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 receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation." Each year, millions of persons are trafficked both domestically and internationally in India. Trafficking in women and children, a 9 billion USD (Rs 57,315 Crore approx) industry, is estimated to be the fastest growing enterprise of the 21st century. This crime comes at an unfathomable human cost and represents one of the most heinous facets of the modern world. Without astonishment, the majority of victims of human trafficking are women and children, the weakest segments of society in developing countries. The underdeveloped legal landscapes of developing countries, along with factors such as gender discrimination,
domestic violence, and a lack of availability of education and economic opportunity, provide existing and potential traffickers with many potential victims. 2.
MAGNITUDE OF THE ISSUE ACROSS THE GLOBE Globalization and technology advancements have also resulted in an increasing number of men being trafficked also, such as South Asians wishing to explore service opportunities in the Middle East who end up as low paid menial workers. According to the U.S. State Department, India is both a source and transit country for trafficking, as well as one of the most popular trafficking destinations in South Asia. It is estimated that 10 percent of India's trafficking in persons is international while 90 percent is domestic, a pattern that differs from the more common paradigm of trafficking across international borders. Given India's size, trafficking tends to occur across state borders instead. Among the women and girls who are trafficked into India, most come from Nepal, Bangladesh, Pakistan, Cambodia, and Myanmar. Many of the Indian women trafficked out of the country end up either in the Middle East for sexual exploitation or in Europe, the
Ankit Sourav Sahoo
United States, or the Middle East as domestic and lowskilled labour. India's sex industry includes some 20 lakh sex workers, 20 percent of which are under age 16 and considered children, though different laws use different age limits.’ By international norms, children cannot consent to prostitution, so this large population of children must be considered within the purview of this research. The nature of trafficking differs across the 28 states within India. Trafficked persons are exploited in a wide variety of ways. These include use of victims for bonded labour, domestic work, agricultural labour, begging, organ trade, adoption, forced prostitution, entertainment, forced marriages, and child soldiers. While trafficking for any of these purposes can be found in many countries, bonded labour and forced marriages are more prevalent in India than most other countries. 3.
INTERNATIONAL FRAMEWORK TO COMBAT TRAFFICKING A number of international instruments have a bearing on human trafficking under categories of UN conventions in general and International Labour Organization conventions in particular. In India, the Constitution states that the State shall endeavour to foster respect for international law and treaty obligations. However, because of India's special 'dualist' regime, any provisions or international laws ratified by the central government are not directly binding unless there is an explicit measure, through enactment of a statute, to internalize these obligations. Therefore, in India, international conventions and laws are not very effective unless they have been translated into domestic laws. On the regional level, India ratified SAARC [South Asian Association for Regional Cooperation) Conventions in 2002, which aim to instigate regional cooperation on the protection of the rights of women and children in South Asia. They also facilitate the safe development of children. However, these conventions do not cover all the various forms of trafficking, and for the most part, ignore trafficking of men. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children (also referred to as the Trafficking Protocol or UN TIP Protocol) is a protocol to the Convention against Transnational Organised Crime. In Warsaw on 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings was opened for accession. The convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the convention through country reports. It has been ratified (as of January 2016) by 45 European states, while a further one state (Turkey) has signed but not yet ratified it. In addition, the European Court of Human Rights of the Council of Europe in Strasbourg has passed judgments involving trafficking in human beings which violated obligations under the European Convention on Human Rights: Siliadin v France, judgment of 26 July
VSRDIJTNTR, Vol. IX (II) February 2018 / 110
2005, and Rantsev v Cyprus and Russia, judgment of 7 January 2010. The Council of Europe co-operates closely with the United Nations. 4. NATIONAL CONSCIOUSNESS At a national level, the Immoral Trafficking Prevention Act, 1956 [ITPA] has severe penalties for those engaged in Trafficking of women and children and is India's most comprehensive anti-trafficking statute. However, in addition to calling for the prosecution of traffickers, it also allows for the arrest of the victims themselves. Buttressing the ITPA are the Indian Constitution and the Indian Penal Code, which coupled together, have more than 20 provisions that make trafficking illegal. Finally, there are several other laws that deal with particular types of trafficking [e.g. bonded labour, trafficking in organs] or particularly vulnerable groups [e.g. children, scheduled castes & tribes]. In spite of the robust legal basis for the prosecution of trafficking crimes, many of the Indian government's acts do not effectively criminalize the clients and profiteers of the trade, and several do not define ‘trafficking’ per se in human beings. This is because there is no established national guideline or standard for intervention or law enforcement in preventing human trafficking. Moreover, many of the laws relating to trafficking are inconsistently enforced, and some of their prescribed penalties are not sufficiently stringent. Finally, there has been “little progress in addressing bonded labour” through existing statutes. Legal statutes and provisions also call for the state to provide protective services for victim, including compensation and shelter. With respect to compensation law, in a Supreme Court case, Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty (1996), judges ruled that compensation can be awarded regardless of whether a fine formed part of the sentence or not. Moreover, in another Supreme Court case, Delhi Domestic Working Women's Forum vs. Union of India and others (1995), it was determined that “compensation can be awarded to the victim even without conviction and even during pendency of trial.” Moreover, in 2008, the Sec. 357 of the Code of Criminal Procedure (CrPC) was amended to include the following provision, calling for states to set up compensation schemes. “Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and require rehabilitation.” This amendment was inspired largely by the efforts of Andhra Pradesh who, in 2006, set up the "Relief and Rehabilitation Fund" for victims of rape, trafficking, abduction, dowry deaths, and other related crimes. Grants are awarded to victims in amounts ranging from Rs. 5,000 to Rs 10,000. 5. GOVERNMENT INITIATIVES Integrated Anti-Human Trafficking Units (IAHTUs):
Ankit Sourav Sahoo
In 2008/2009, the government “allocated $18 million to the Ministry of Home Affairs to create 297 antihuman trafficking units across the nation to train and sensitize law enforcement officials.” Originally a UNODC pilot program launched in 2007, IAHTUs are tasked with “Providing a multidisciplinary approach and a joint response by all stake holders, such as police, prosecutors, NGOs, civil society and media; Bringing about inter-departmental collaboration among the police and all other government agencies and departments, such as women and child, labour, health, etc.; Ensuring a victim-centric approach which ensures the ‘best interest of the victim/ survivor and prevents ‘secondary victimization/ re-victimization of the victim; Ensuring an ‘organized crime’ perspective in dealing with trafficking crimes.” More than 10,500 individuals/police officers have been trained thus far. Anti-Trafficking Nodal Cell State Program: While its Central government operation remains under resourced (two-person department), the Ministry of Home Affairs [MHA) has gained national support for the initiative all states have appointed Antitrafficking nodal officers. These officers will collaborate with Central government, share best practices, discuss issues, and share data. Integrated National Plan of Action: Several ministries are currently working on a joint revision to the 1998 Plan of Action for Combating Trafficking. It includes IAHTUs as part of its framework. The Ministry of Home Affairs, National Human Rights Commission, National Commission for Women and the Ministry of Women and Child Development are involved in this project. Swadhar Program: Under its Swadhar program, the government supports over 200 shelters with an annual budget of more than $1 million to provide care for more than 13,000 women and girls rescued from a range of difficult circumstances, including sex trafficking. According to the Minster of Women and Child Development, "there will be national protocols, guidelines and handbook of shelter services soon. Non-conforming centres will be penalized and debarred to act as rehabilitation centres." Ujjawala Program: Led by the Ministry of Women and Child Development, it offers grants to state government projects in anti-trafficking. The ministry approved funding for at least 53 state projects under this program, benefiting more than 1,700 victims. Since August 2008, the ministry provided the states of Karnataka, Maharashtra, Manipur, and Nagaland almost $243,000 for 18 projects at 12 rehabilitation centres.
6. CONCLUSION Trafficking in human beings, especially women and children, is a form of modern day slavery and requires a
VSRDIJTNTR, Vol. IX (II) February 2018 / 111
holistic, multi-sectoral approach to address the complex dimension of the problem. It is a problem that violates the rights and dignity of the victims and therefore requires essentially a child rights perspective while working on its eradication. In the fight against trafficking government organizations, non-governmental organizations, civil society, pressure groups, international bodies, all have to play an important role. Law cannot be the only instrument to take care of all problems. From the preceding lines it is apparent that human trafficking is prevailing among the women and children in India and therefore, there is a dire need of scientific enquiry to analyse this issue from multiple perspectives and explore the factors which are responsible for trafficking among the women and children. 7.
REFERENCES
[1] United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. [2] Aronowitz, A. (2009). Human Trafficking, Human Misery: The Global Trade Human Beings. London: Library of Congress. [3] U.S. Dept. of State (2009). Trafficking in Persons Report (U.S. Department of State Publication 11407). Washington, DC. [4] Sen, S. (2004). A Report on Trafficking in Women and Children in India 2002-2003. New Delhi: National Human Rights Commission, UNIFEM, Institute of Social Sciences [5] Ibid 2. [6] Ibid 4 [7] UNODC (2009). Global Report on Human Trafficking in Persons. Retrieved January 17, 2018, from https://www.unodc.org/documents/humantrafficking/Global_Report_on_TIP.pdf [8] Khan, I. (undated, est. 2004). Child Trafficking in India: A Concern. Indian Ministry of Social Development White Paper. [9] Article 51 ( C ) of the Constitution of India, 1949 [10] National Law School of India University. (2000). Handbook on Human Rights for Judicial Officers, NIHR (p.4). [11] Council of Europe, Treaty Office, Retrieved January 19, 2018, from https://www.coe.int/en/web/conventions/fulllist//conventions/treaty/197/signatures?p_auth=Gn9RcCwG [12] [App No 73316/01 (Application No)] [ECHR 2005-VII (Official Citation)] [13] Rantsev v. Cyprus and Russia, Application no. 25965/04, Council of Europe: European Court of Human Rights, 7 January 2010, available at: http://www.refworld.org/cases,ECHR,4b4f0b5a2.html [accessed 19 January 2018] [14] Ibid 10 [15] US Department of State. (2009). Trafficking in Persons Report: India. Retrieved January 18, 2018, from https://www.state.gov/j/tip/rls/tiprpt/countries/2016/25878 4.htm [16] Ibid 49 [17] 1996 SCC (1) 490 [18] 1Nair, P.M. (2007). Handbook for Law Enforcement
Ankit Sourav Sahoo
[19] [20] [21]
[22] [23]
[24]
[25] [26]
VSRDIJTNTR, Vol. IX (II) February 2018 / 112
Agencies in India. Retrieved January 18, 2018, from https://www.unodc.org/documents/humantrafficking/India_Training_material/Handbook_for_Law_E nforcement_Agencies_in_India.pdf, p.44. 1995 SCC (1) 14 Ibid 14 Kant, R. “Victim Compensation in India". Retrieved January 17, 2018 from https://lawreports.wordpress.com/2009/06/23/victimcompensation-in-india/ Government of Andhra Pradesh Abstract: Relief and Rehabilitation Fund. (2006) US Department of State. (2009). Trafficking in Persons Report: India. Retrieved January 17, 2018, from https://www.state.gov/j/tip/rls/tiprpt/countries/2016/25878 4.htm UNODC. (2007). Synergy in Action: IAHTUs Report. Retrieved January 17, 2018 from http://www.unodc.org/pdf/india/iahtu_241207.pdf. Ibid 20 The Times of India. (2010). Dignified Iiving for every girl. Retrieved January 29, 2010, from http://timesofindia.indiatimes.com/india/Dignified-Iivingfor-every-girl/articleshow/5493692.cms.
/ 109
RESEARCH PAPER
TRAFFICKING IN WOMEN AND CHILDREN IN INDIA : A SOCIO-LEGAL STUDY Ankit Sourav Sahoo Assistant Professor, Lajpat Rai Law College, Sambalpur University, Sambalpur, Odisha, INDIA. Corresponding Email Id: [email protected]
ABSTRACT Trafficking in children and women has become one of the most vicious abuses of human rights. But it is very hard to fathom the magnitude of the concept as trafficking which is closely related to child labour, bonded labour, child marriage, kidnapping and abduction and prostitution even though these things can exist also independent of trafficking. The results of any immoral and unethical practice can never be positive and fruitful to the national interest. The evil of trafficking in women and children has become a parasite which we are bearing in our body and it has become both a human rights and developmental issue and thus this practice has long listed consequences. According to a new report from the United Nations Office on Drugs and Crime (UNODC), the vast majority of all human trafficking victims are women and girls and one third are children. Men and boys, however, are trafficked into exploitative labour, including work in the mining sector, as porters, soldiers, and slaves. Worldwide, 28 per cent of trafficking victims are children, but children account for 62 per cent in Sub-Saharan Africa and 64 per cent in Central America and the Caribbean. This paper has tried to analyse the nature, causes, modes and volume of women and child trafficking in India. The paper points out the need to evolve a multidimensional approach and focuses attention on structural factors of trafficking and to recommend effective suggestions to combat the social evil. Keywords: Women Trafficking, Child Trafficking Human Rights, Prostitution, Kidnapping And Abduction, Child Marriage, Child Labour.
1. INTRODUCTION Trafficking in women and children for labour and/or sexual exploitation is a deep-rooted and grievous issue in India. The United Nations’ Palermo Protocol defines trafficking in persons as "the recruitment, transportation, transfer, harbouring 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 receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation." Each year, millions of persons are trafficked both domestically and internationally in India. Trafficking in women and children, a 9 billion USD (Rs 57,315 Crore approx) industry, is estimated to be the fastest growing enterprise of the 21st century. This crime comes at an unfathomable human cost and represents one of the most heinous facets of the modern world. Without astonishment, the majority of victims of human trafficking are women and children, the weakest segments of society in developing countries. The underdeveloped legal landscapes of developing countries, along with factors such as gender discrimination,
domestic violence, and a lack of availability of education and economic opportunity, provide existing and potential traffickers with many potential victims. 2.
MAGNITUDE OF THE ISSUE ACROSS THE GLOBE Globalization and technology advancements have also resulted in an increasing number of men being trafficked also, such as South Asians wishing to explore service opportunities in the Middle East who end up as low paid menial workers. According to the U.S. State Department, India is both a source and transit country for trafficking, as well as one of the most popular trafficking destinations in South Asia. It is estimated that 10 percent of India's trafficking in persons is international while 90 percent is domestic, a pattern that differs from the more common paradigm of trafficking across international borders. Given India's size, trafficking tends to occur across state borders instead. Among the women and girls who are trafficked into India, most come from Nepal, Bangladesh, Pakistan, Cambodia, and Myanmar. Many of the Indian women trafficked out of the country end up either in the Middle East for sexual exploitation or in Europe, the
Ankit Sourav Sahoo
United States, or the Middle East as domestic and lowskilled labour. India's sex industry includes some 20 lakh sex workers, 20 percent of which are under age 16 and considered children, though different laws use different age limits.’ By international norms, children cannot consent to prostitution, so this large population of children must be considered within the purview of this research. The nature of trafficking differs across the 28 states within India. Trafficked persons are exploited in a wide variety of ways. These include use of victims for bonded labour, domestic work, agricultural labour, begging, organ trade, adoption, forced prostitution, entertainment, forced marriages, and child soldiers. While trafficking for any of these purposes can be found in many countries, bonded labour and forced marriages are more prevalent in India than most other countries. 3.
INTERNATIONAL FRAMEWORK TO COMBAT TRAFFICKING A number of international instruments have a bearing on human trafficking under categories of UN conventions in general and International Labour Organization conventions in particular. In India, the Constitution states that the State shall endeavour to foster respect for international law and treaty obligations. However, because of India's special 'dualist' regime, any provisions or international laws ratified by the central government are not directly binding unless there is an explicit measure, through enactment of a statute, to internalize these obligations. Therefore, in India, international conventions and laws are not very effective unless they have been translated into domestic laws. On the regional level, India ratified SAARC [South Asian Association for Regional Cooperation) Conventions in 2002, which aim to instigate regional cooperation on the protection of the rights of women and children in South Asia. They also facilitate the safe development of children. However, these conventions do not cover all the various forms of trafficking, and for the most part, ignore trafficking of men. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children (also referred to as the Trafficking Protocol or UN TIP Protocol) is a protocol to the Convention against Transnational Organised Crime. In Warsaw on 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings was opened for accession. The convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the convention through country reports. It has been ratified (as of January 2016) by 45 European states, while a further one state (Turkey) has signed but not yet ratified it. In addition, the European Court of Human Rights of the Council of Europe in Strasbourg has passed judgments involving trafficking in human beings which violated obligations under the European Convention on Human Rights: Siliadin v France, judgment of 26 July
VSRDIJTNTR, Vol. IX (II) February 2018 / 110
2005, and Rantsev v Cyprus and Russia, judgment of 7 January 2010. The Council of Europe co-operates closely with the United Nations. 4. NATIONAL CONSCIOUSNESS At a national level, the Immoral Trafficking Prevention Act, 1956 [ITPA] has severe penalties for those engaged in Trafficking of women and children and is India's most comprehensive anti-trafficking statute. However, in addition to calling for the prosecution of traffickers, it also allows for the arrest of the victims themselves. Buttressing the ITPA are the Indian Constitution and the Indian Penal Code, which coupled together, have more than 20 provisions that make trafficking illegal. Finally, there are several other laws that deal with particular types of trafficking [e.g. bonded labour, trafficking in organs] or particularly vulnerable groups [e.g. children, scheduled castes & tribes]. In spite of the robust legal basis for the prosecution of trafficking crimes, many of the Indian government's acts do not effectively criminalize the clients and profiteers of the trade, and several do not define ‘trafficking’ per se in human beings. This is because there is no established national guideline or standard for intervention or law enforcement in preventing human trafficking. Moreover, many of the laws relating to trafficking are inconsistently enforced, and some of their prescribed penalties are not sufficiently stringent. Finally, there has been “little progress in addressing bonded labour” through existing statutes. Legal statutes and provisions also call for the state to provide protective services for victim, including compensation and shelter. With respect to compensation law, in a Supreme Court case, Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty (1996), judges ruled that compensation can be awarded regardless of whether a fine formed part of the sentence or not. Moreover, in another Supreme Court case, Delhi Domestic Working Women's Forum vs. Union of India and others (1995), it was determined that “compensation can be awarded to the victim even without conviction and even during pendency of trial.” Moreover, in 2008, the Sec. 357 of the Code of Criminal Procedure (CrPC) was amended to include the following provision, calling for states to set up compensation schemes. “Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and require rehabilitation.” This amendment was inspired largely by the efforts of Andhra Pradesh who, in 2006, set up the "Relief and Rehabilitation Fund" for victims of rape, trafficking, abduction, dowry deaths, and other related crimes. Grants are awarded to victims in amounts ranging from Rs. 5,000 to Rs 10,000. 5. GOVERNMENT INITIATIVES Integrated Anti-Human Trafficking Units (IAHTUs):
Ankit Sourav Sahoo
In 2008/2009, the government “allocated $18 million to the Ministry of Home Affairs to create 297 antihuman trafficking units across the nation to train and sensitize law enforcement officials.” Originally a UNODC pilot program launched in 2007, IAHTUs are tasked with “Providing a multidisciplinary approach and a joint response by all stake holders, such as police, prosecutors, NGOs, civil society and media; Bringing about inter-departmental collaboration among the police and all other government agencies and departments, such as women and child, labour, health, etc.; Ensuring a victim-centric approach which ensures the ‘best interest of the victim/ survivor and prevents ‘secondary victimization/ re-victimization of the victim; Ensuring an ‘organized crime’ perspective in dealing with trafficking crimes.” More than 10,500 individuals/police officers have been trained thus far. Anti-Trafficking Nodal Cell State Program: While its Central government operation remains under resourced (two-person department), the Ministry of Home Affairs [MHA) has gained national support for the initiative all states have appointed Antitrafficking nodal officers. These officers will collaborate with Central government, share best practices, discuss issues, and share data. Integrated National Plan of Action: Several ministries are currently working on a joint revision to the 1998 Plan of Action for Combating Trafficking. It includes IAHTUs as part of its framework. The Ministry of Home Affairs, National Human Rights Commission, National Commission for Women and the Ministry of Women and Child Development are involved in this project. Swadhar Program: Under its Swadhar program, the government supports over 200 shelters with an annual budget of more than $1 million to provide care for more than 13,000 women and girls rescued from a range of difficult circumstances, including sex trafficking. According to the Minster of Women and Child Development, "there will be national protocols, guidelines and handbook of shelter services soon. Non-conforming centres will be penalized and debarred to act as rehabilitation centres." Ujjawala Program: Led by the Ministry of Women and Child Development, it offers grants to state government projects in anti-trafficking. The ministry approved funding for at least 53 state projects under this program, benefiting more than 1,700 victims. Since August 2008, the ministry provided the states of Karnataka, Maharashtra, Manipur, and Nagaland almost $243,000 for 18 projects at 12 rehabilitation centres.
6. CONCLUSION Trafficking in human beings, especially women and children, is a form of modern day slavery and requires a
VSRDIJTNTR, Vol. IX (II) February 2018 / 111
holistic, multi-sectoral approach to address the complex dimension of the problem. It is a problem that violates the rights and dignity of the victims and therefore requires essentially a child rights perspective while working on its eradication. In the fight against trafficking government organizations, non-governmental organizations, civil society, pressure groups, international bodies, all have to play an important role. Law cannot be the only instrument to take care of all problems. From the preceding lines it is apparent that human trafficking is prevailing among the women and children in India and therefore, there is a dire need of scientific enquiry to analyse this issue from multiple perspectives and explore the factors which are responsible for trafficking among the women and children. 7.
REFERENCES
[1] United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. [2] Aronowitz, A. (2009). Human Trafficking, Human Misery: The Global Trade Human Beings. London: Library of Congress. [3] U.S. Dept. of State (2009). Trafficking in Persons Report (U.S. Department of State Publication 11407). Washington, DC. [4] Sen, S. (2004). A Report on Trafficking in Women and Children in India 2002-2003. New Delhi: National Human Rights Commission, UNIFEM, Institute of Social Sciences [5] Ibid 2. [6] Ibid 4 [7] UNODC (2009). Global Report on Human Trafficking in Persons. Retrieved January 17, 2018, from https://www.unodc.org/documents/humantrafficking/Global_Report_on_TIP.pdf [8] Khan, I. (undated, est. 2004). Child Trafficking in India: A Concern. Indian Ministry of Social Development White Paper. [9] Article 51 ( C ) of the Constitution of India, 1949 [10] National Law School of India University. (2000). Handbook on Human Rights for Judicial Officers, NIHR (p.4). [11] Council of Europe, Treaty Office, Retrieved January 19, 2018, from https://www.coe.int/en/web/conventions/fulllist//conventions/treaty/197/signatures?p_auth=Gn9RcCwG [12] [App No 73316/01 (Application No)] [ECHR 2005-VII (Official Citation)] [13] Rantsev v. Cyprus and Russia, Application no. 25965/04, Council of Europe: European Court of Human Rights, 7 January 2010, available at: http://www.refworld.org/cases,ECHR,4b4f0b5a2.html [accessed 19 January 2018] [14] Ibid 10 [15] US Department of State. (2009). Trafficking in Persons Report: India. Retrieved January 18, 2018, from https://www.state.gov/j/tip/rls/tiprpt/countries/2016/25878 4.htm [16] Ibid 49 [17] 1996 SCC (1) 490 [18] 1Nair, P.M. (2007). Handbook for Law Enforcement
Ankit Sourav Sahoo
[19] [20] [21]
[22] [23]
[24]
[25] [26]
VSRDIJTNTR, Vol. IX (II) February 2018 / 112
Agencies in India. Retrieved January 18, 2018, from https://www.unodc.org/documents/humantrafficking/India_Training_material/Handbook_for_Law_E nforcement_Agencies_in_India.pdf, p.44. 1995 SCC (1) 14 Ibid 14 Kant, R. “Victim Compensation in India". Retrieved January 17, 2018 from https://lawreports.wordpress.com/2009/06/23/victimcompensation-in-india/ Government of Andhra Pradesh Abstract: Relief and Rehabilitation Fund. (2006) US Department of State. (2009). Trafficking in Persons Report: India. Retrieved January 17, 2018, from https://www.state.gov/j/tip/rls/tiprpt/countries/2016/25878 4.htm UNODC. (2007). Synergy in Action: IAHTUs Report. Retrieved January 17, 2018 from http://www.unodc.org/pdf/india/iahtu_241207.pdf. Ibid 20 The Times of India. (2010). Dignified Iiving for every girl. Retrieved January 29, 2010, from http://timesofindia.indiatimes.com/india/Dignified-Iivingfor-every-girl/articleshow/5493692.cms.
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