CHILD TRAFFICKING

Author: Preeti Nakhat (KIIT School of Law)

ABSTRACT

A child is a priceless asset to any community and is undoubtedly important to the growth of the country. The way a nation raises its children to become its citizens will determine how that nation will develop in the future. According to the Child Labour (Prohibition and Regulation) Act of 1986, a child is anybody below the age of 14. Child trafficking is a serious crime that occurs globally. Children are kidnapped, abducted, or transferred for crimes including prostitution, begging, slavery, or sexual or physical exploitation. This article mainly focuses on Child Trafficking and its causes, factors and how it can be prevented.

KEYWORDS: Child Trafficking, Poverty, Unemployment, Child Labour, NGOs.

INTRODUCTION

Child trafficking[1] is the practice of enlisting, harbouring, moving, transporting, or receiving a child for the purpose of exploitation. These include bonded labour, chariot races, child domestic work, commercial sex trafficking and sexual exploitation, drug transporting, and child fighting the war, in addition to abusive or slavery-like behaviours in the unorganized industrial sector. In India, it has been shown that unemployment and poverty are the main drivers of trafficking. Another factor, like illiteracy, has come to light as an issue in the background of child trafficking. Fighting against this type of child exploitation is very tough until and unless we are able to overcome the difficulties that arise.

TYPES OF CHILD TRAFFICKING

Different kinds of child trafficking happen. Child trafficking occurs when children are abducted or parents are misinformed, manipulated, blackmailed, or convinced into allowing their children to leave the house.

Children are trafficked for:

1. Sexual Exploitation: The term “sexual exploitation” refers to the actual or intended abuse of a weak position, such as a person who tends to depend on you for food and supplies, school, books, transportation, or any other amenities, differential power, or trust in order to obtain sexual favours, including but not limited to by providing money or other socioeconomic, economic, or political advantages. Prostitution and human trafficking are two among them.
2. Forced Marriage- When one or both partners are unable or unwilling to consent to the marriage, it is considered to be forced. Forced marriage is frequently associated with abuse based on honour.
3. Forced Labour also known as Child Labour- “Child labour” refers to any work that endangers children’s development physically and mentally while depriving them of their youth, potential, and dignity.
4. impedes children’s ability to grow mentally, physically, socially, or morally;
5. and/or obstructs their education by preventing them from going to class, making them leave school early, or putting too much pressure on them to juggle work and school.

Among the most harmful forms of child labour are the enslavement of children, their severance from their families, their exposure to hazardous situations and diseases, and their abandonment on the streets of big cities, frequently while they are very young. In the fight against child labour, tremendous progress has been made in recent years. The current crisis and the degree of global economic integration are expected to have a significant and perhaps long-lasting negative socio-economic and financial impact on the whole world.

FACTORS CONTRIBUTING FOR CHILD TRAFFICKING[2]

1. Poverty- One of the key reasons of child trafficking is poverty. Poor families are occasionally forced to give their kids to human traffickers rather than retaining them. Additionally, poverty dramatically raises the number of street kids and orphans. They make the perfect victim for traffickers since they are defenseless and unable to care for themselves. These criminals won’t think twice to promise them better living and working circumstances in another nation. Unfortunately, things really work out rather differently.
2. Inability to obtain high-quality education- The environment at school must be friendly, the classes must be the right size, the curriculum must be customized for the area, and tuition must be affordable for rural residents. The accessibility of education are some of the most important factors. Getting children into school and away from hazardous vocations is one thing, but keeping them there requires making top-notch education accessible to everyone.
3. Migration- The International Labour Organization (ILO) reports that children make up more than half of all wartime refugees, and that child labour is closely associated with both armed conflict and natural disasters. These children are more vulnerable to various forms of exploitation, such as child labour, as a result of the escalating economic changes, the collapse of social support, education, and basic utilities, and the breakdown of child protection agencies.
4. Corruption- The most difficult factor is corruption since it is a reality. All around the world, from the bottom to the top, and this has becoming a worldwide problem. Dishonest and unlawful behaviour by those in positions of authority is known as corruption. Corruption is the use of official authority improperly.
5. Cyber child molestation -The new definition of child pornography states that it includes “any visual depiction of sexually explicit conduct involving a child, including photographs, videos, digital images, computer-generated images impossible to distinguish from actual children, and images created, adapted, or modified but appear to depict a child.”

PREVENTIVE MEASURES TO CURB CHILD TRAFFICKING

• Spread of education: India has the largest school system in the world, but due to low enrolment and high dropout rates, there is low literacy, which leaves individuals with low self-esteem and little possibilities. Fraudsters may easily convince parents without education to give their kids a better life in the city (a very common ruse for trafficking). Children who have received an education and their families are considerably more mature, knowledgeable, and capable of understanding the dangers of child trafficking.

• Increase community and parental awareness- Traffickers may be able to take advantage of situations that are created by ignorance. Many of the underprivileged youngsters in India become caught up in drug misuse, which can eventually lead to human trafficking. These groups may stand strong if they are aware of their rights as Indian citizens and the chances for development, education, employment, and business. In order to inform the public about essential services and available possibilities, civil society uses community activities in sports, the arts, and theatre. Community action helps tackle the core causes of trafficking- poverty and exploitation. NGOs like Save the Children are strengthening local communities by providing them with resources for employment, education, and healthcare and giving them access to information services.

• Strong rules in place to stop child trafficking- Making good policies is essential to reform. NGOs like Save the Children interact with various government departments, pleading with them to have stronger legislation in place for combating child trafficking. They continuously investigate, document, and exhibit results of the need for reforms. Legislation may be able to stop child trafficking, as evidenced by the numerous cases brought under the current Protection of Children Against Sexual Offenses Act (2012) and Immoral Traffic (Prevention Act), which have actually resulted in more convictions.

LAWS TO PROTECT CHILDREN

1. Juvenile Justice (Care & Protection) Act, 2000[3]: This legislation was passed to alter those governing minors in violation of the law and children who require care, protection, and developmental requirements. Also, this action enables the creation of child welfare groups and the rehabilitation of children and human rights protection. This action offers the framework to reduce juvenile crime and the method to protection for children. This law states that juvenile (A person under the age of eighteen) who is discovered begging, being mistreated, tormented, or intimidated by the guardian or anybody else considered to be susceptible to drug use or human trafficking will be safeguarded by this deed.
2. Immoral Trafficking (Prevention) Act of 1956[4]: The Immoral Trafficking (Prevention) Act of 1956 was passed in an effort to stop immoral trafficking in the nation. The key portions of this statute make explicit the penalties for operating a prostitute or utilizing the space as a brothel, a fine for relying only on the income from, prosecution and punishment of those who encourage or solicit prostitution holding a person in a place just to use them for prostitution is against the law.  Prosecution of anyone involved in prostitution wherever it occurs.  Prostitution in public areas, suspicion of warrantless search, and locations, the closure of a brothel, and the removal of violators deletion of Prostitutes from everywhere and the construction of safe houses are included in this statute as well.
3. Child Labour (Prohibition and Regulation) Act, 1986[5]: “An act prohibiting the hiring of children for some jobs and regulating the working conditions for minors in other jobs. An individual who has not reached the age of 14 is considered a “child” under this law.”

LEGISLATIVE AND CONSTITUTIONAL PROVISIONS[6]

1. The Immoral Traffic (Prohibition) Act, 1956 (ITPA), is the furthermost significant legal instrument for the prevention of trafficking for commercial sexual exploitation.
2. Trafficking in Human Beings or Persons is forbidden under Article 23 (1) of the Indian Constitution.
3. Sections 370 and 370A of the Indian Penal Code, which provide for detailed steps to combat the growing threat of human trafficking, including trafficking of children for exploitation in any form, including physical exploitation or any form of sexual exploitation, slavery, debt slavery, or the forced removal of organs, have taken effect as a result of the Criminal Law Amendment Act 2013 that replaced Section 370 of the Indian Penal Code.
4. A specific legislation called the Protection of Children from Sexual Offenses (POCSO) Act, 2012, which took effect on November 14th, 2012, was created to safeguard children from sexual abuse and exploitation. Numerous forms of sexual abuse, including penetrative and non-penetrative assault, sexual harassment, and more, are thoroughly described.
5. Other special laws against trafficking in women and children have been passed. Other laws prohibiting child marriage include the Transplantation of Human Organs Act of 1994, the Prohibition of Child Marriage Act of 2006, the Bonded Labour System (Abolition) Act of 1976, the Child Labour (Prohibition and Regulation) Act of 1986, and certain sections of the Indian Penal Code (IPC), such as Sections 372 and 373, which deal with the buying and selling of girls for prostitution.

CASE LAWS

1. MC Mehta vs State of Tamil Nadu & Ors,1996

The judgment, which expanded on child labour in India, is a landmark decision on the issue. It describes the Constitution’s perspective on children. In addition to shedding light on how the state has failed to abolish child labour and its lack of passion to deal with it, the judgment underlined the link between poverty and child labour. The court also considered potential ways to end child labour throughout its deliberations.

• People’s Union for Democratic Rights v. Union of India

In the case of “People’s Union for Democratic Rights v. Union of India” Employing unaccompanied children under the age of 14 for construction work clearly violates Article 24 of the Constitution, according to the Supreme Court’s ruling. The court went on to forbid any violations of Articles 23 and 24, stress the significance of strict private individual observance of fundamental rights, and vehemently condemn any types of forced labour.

SUGGESTIONS

1. Children who live in a less privileged area of the society are at risk and it’s a threat to the society.
2. Priority number one for the Government and non-government groups should establish education campaigns to inform parents in these neighbourhoods about child abuse and other crimes that might affect their children.
3. Parents must impart information and conscience to respect every woman and girl from the start of moral principles at home.
4. Degradation of morals among males is the primary cause of violence against and exploitation of women.
5. Children who beg on the streets are particularly at danger because traffickers target children who live alone or whose parents are jobless. There are no guardians or parents in the area. It is essential that these children are safeguarded.

CONCLUSION

The government and the community should concentrate their attention on protection, prosecution, and prevention. To stop the most serious kind of child trafficking, the government should take the appropriate precautions. By teaching and enlightening people about the causes and effects of the many kinds of child trafficking, as well as the victims of child trafficking, awareness must be raised in society.  The government must continue to work to end all types of child trafficking with the assistance of NGOs and society. The trafficking network must be seriously attacked, and everyone implicated in the crime must face legal consequences.

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[1] https://liberatechildren.org/blog/what-is-child-trafficking

[2] https://www.ilo.org/ipec/areas/Traffickingofchildren/lang–en/index.htm

[3] https://www.indiacode.nic.in/repealed-act/repealed_act_documents/A2000-56.pdf

[4]https://www.indiacode.nic.in/bitstream/123456789/15378/1/the_immoral_traffic_%28prevention%29_act%2C_1956.pdf

[5] https://clc.gov.in/clc/acts-rules/child-labour-prohibition-and-regulation-act-1986#:~:text=An%20Act%20to%20prohibit%20the,children%20in%20certain%20other%20employments.&text=PRELIMINARY-,1.,and%20Regulation)%20Act%2C%201986.

[6] https://www.mea.gov.in/human-trafficking.htm