The most common form of human trafficking (79%) is sexual exploitation. The victims of sexual exploitation are predominantly women and girls. Surprisingly, in 30% of the countries which provided information on the gender of traffickers, women make up the largest proportion of traffickers. In some parts of the world, women trafficking women is the norm.
The second most common form of human trafficking is forced labour (18%), although this may be a misrepresentation because forced labour is less frequently detected and reported than trafficking for sexual exploitation.
Worldwide, almost 20% of all trafficking victims are children. However, in some parts of Africa and the Mekong region, children are the majority (up to 100% in parts of West Africa).
Although trafficking seems to imply people moving across continents, most exploitation takes place close to home. Data show intra-regional and domestic trafficking are the major forms of trafficking in persons.
Trafficking is a problem that affects virtually every country of the world. Generally, the flow of trafficking is from less developed countries to industrialize or towards neighboring countries with marginally higher standards of living. The main reason thereof is poverty, illiteracy, cultural practice of the society, which turns women and children into patented and saleable commodities. Among the third world countries are geographically and economically backward. Low yielding agricultural lands, lack of literacy, no alternate source of employment resulting economic hardships and no improvement in living standard mark the rural scenarios of this region. These circumstances provide an ideal environment for the genesis of prostitution, perversion and crime. Besides poverty, survival compulsion and shady dealings made by shaming parsimonious aunts, uncles, neighbors and other family members opt a person to choose prostitution as the profession. This leads to a life of glamour and luxury. Thus, poverty alone is not the cause of prostitution any more . The institutionalization of prostitution as integral part of the tourism industry today is indeed a matter of concern for all nations. Professional call girls operate at various levels depending upon the paying potentials of the customers. In the context of Bangladesh, India, Nepal, Pakistan and Sri Lanka, such sex workers mostly come from very poor families. The extent of their penury is such that they have nothing other than their body to sell to earn two meals for the family. All countries believe that trafficking of people, especially women and children for prostitution and forced labor is one of the fastest growing national and international criminal activities. Human trafficking is growing daily plugging the globe. In one hand the sickening sex industry is flourishing because of its clandestine and lucrative nature and on the other hand it has to be dealt with wider and stern laws with its effective enforcement. Meanwhile the government so concerned has to combat with these problems, protect the rights of victims and rehabilitate them into the community. For the fulfillment of the said purpose there requires wide vision, close understanding, cooperation, and honest commitment of nations.
Legal Provision of Nepal as Regards to Trafficking:
Sub-article (1) of Article 20 of the Constitution of the Kingdom of Nepal has the provision as regards to prohibition of trafficking, which states that traffic in human beings, slavery, serfdom or forced labor in any form is prohibited. Any contravention of this provision shall be punishable by law. There have been found two more laws as regards to trafficking in Person in Nepal. One of them is the Muluki Act , 2020 (1963) (the Country Code) and another is Trafficking in Person (Control) Act , 2043 (1986). The following provisions have been made as regards to thereof in the said Acts.
Muluki Act, 2020 (1963) (the Country Code):
o.1. of the said Act states that “No individual shall take any person by temptation out of the territory of Nepal with the intention of trafficking. If the individual is arrested before selling the person being taken to foreign land, he or she will be imprisoned for ten years, but if the victim is already sold, the culprit shall be imprisoned for twenty years. If buyer of the victim is apprehended within the territory of Nepal, he or she shall also receive a penalty equal to that of the seller. Accomplices in such criminal acts shall receive half the penalty meted out to the main culprit.
No. 2 states that ” No one shall lure to minor not attained the age of sixteen years or insane with any age for separating him from legal guardian without his consent.
No.3 states that ” No one shall be allowed to make anyone slave and serfdom.
Trafficking in Person (Control) Act, 2043 (1986)
- Section 3 states that no one shall carry out the act of trafficking in person.
- Section 4 states that the following acts are deemed to be trafficking in person:
(a) To commit act of trafficking in person for the purpose,
(b) To bring anyone abroad with a view to trafficking,
(c) To engage any woman in prostitution by luring or tempting or deceiving or by showing fear or terror or putting pressure or by any other manner,
(d) To fabricate in order to commit any act as set forth in the clauses above or to assist in order to commit such act or to abet any one in order to engage him in such act or to attempt in order to commit such act.
- Section 8 of the said Act has the following provisions as regards to the punishment for trafficking in person.
(a) Person, who commits the act of trafficking in person, shall be punished with imprisonment of a period from ten years to twenty years.
(b) Person, who brings human being abroad with a view to committing trafficking, shall be punished with imprisonment of a period from five years to ten years.
(c) Person, who engages women in prostitutions by luring or tempting or deceiving or by showing fear or terror or putting pressure or by any other manner, shall be punished with imprisonment of a period from ten years to fifteen years.
(d) Person, who fabricates in order to commit the acts of trafficking in person or to assist in committing such acts or abet any one in order to engage him in such acts or to attempt in order to commit such act, shall be punished with imprisonment of a period up to five years.
(e) In trafficking person, the principal amount of a person, who purchased human being shall be worthless and a person, who sold human being, shall be, imposed a fine as per the amount of the said principal in addition to the punishment as referred to in Sub-section (1).
Legal Provisions of India as Regards to Trafficking
The Immoral Traffic (Prevention) Act , 1956 (as amended) of India has the following provisions for trafficking:
Section 3 of the said Act has the provision of punishment for keeping a brothel or allowing premises to be used as brother and the said provision states that any person who keeps or manages, or acts or assists in the keeping or management of a brothel shall be punishable.
Section 4 of the same Act has the provision of punishment for the living on the earnings of prostitution, which states that any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person shall be punishable.
Section 5 of the said Act states that any person who procures or attempts to procure a person, whether with or without his/her consent, for the purpose of prostitution. or induces a person to go from any place, with the intent that he may for the purpose of prostitution become the inmate of or frequent, a brothel; or takes or attempts to take a person, or cause a person to be taken, from one place to another with a view to his carrying on or being brought up to carry on prostitution; or cause or induces a person to carry on prostitution.
Section 6 of the same Act states that the any person who detains any other person, whether with or without his consent in any brothel, or in or upon any premises with intent that such person may have sexual intercourse with a person who is not the spouse of such person, where any person is found with a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offense under sub-section (1), shall be punishable.
Similarly, Section 7, 8 and 9 have the provisions as regards to prostitution in or in the vicinity of public place, seducing or soliciting for purpose of prostitution and seduction of a person in custody respectively.
Legal Provision of Pakistan as Regards to Trafficking:
Pakistan’s Zina Hudoo Ordinance , 1979 has the following provision against trafficking and prostitution in Pakistan.
Sections 13 of the said Act has the provision that whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Section 14 of the said Act states the whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution of illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Section 16 of the same Ac states that whoever takes or entices away any woman with intent that she may have illicit intercourse with any person or conceals or detain with that intent any woman, shall be punished with the imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall be liable to fine.
Section 340 of the said Act has the provision that whoever wrongfully restraints any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits is said, “wrongfully to confine that person”.
Section 366 A of the said Act states that whoever by means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with the intent that such girl may be or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Similarly, Section 366 B of the said Act states that whoever imports into Pakistan from any country outside Pakistan any girl under the age twenty-one years with intent that she may be or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Section 367 of the said Act has the provision that whoever kidnaps or abducts any person in order that such person may be subjected or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery or knowing it to likely that such person will be so subjected or disposed of shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Section 370 of the said Act states that whoever import, exports, removes, buys, sells, or disposes of any person as slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine; whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years shall also be liable to fine and whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed is said. “ Wrongfully to restrain that person.”
Legal Provision of the Srilanka as Regards to Trafficking
The Sri Lankan Penal Code (as amended) Act , 1995 (Act No. 22) has the following provisions as regards to trafficking.
Clause C (1) of Section 360 of the said Act has the provision that whoever engages in the act of buying or selling or bartering of any person for money or for any other consideration.
The said Clause also has the provision for the purpose of promoting, facilitating or inducing the buying or selling or bartering or the placement in adoption, of any person for money or for any other consideration, arranges for or assists, a child to travel to a foreign country without the consent of his parent or lawful guardian, or obtains an affidavit of consent from a pregnant woman for money or for any other consideration for the adoption of the unborn child or such women; or recruits women or couples to bear children: or being a person concerned with the registration of births, knowingly permits the falsification of any birth record or register engages in procuring children from hospitals, shelters for women clinics, nurseries, day care centers, for money or other consideration or procures a child for adoption from any such institution or center, by intimidation of the mother or any other person; or impersonates, the mother or assists in such impersonation commits the offence of trafficking and shall on conviction be punished with imprisonment of either description for a term not less than two years and not exceeding twenty years and may also be punished with fine and where such offence is committed in respect of a child, be punished with imprisonment of either description for a term not less than five years and not exceeding twenty years and may also be punished with fine.
Legal Provision of Bangladesh as Regards to Trafficking
- The Women and Children Repression Prevention Act , 2000 of Bangladesh has the following provisions as regards to trafficking.
- The said Act has the provision that whoever brings from abroad or sends or traffics abroad, or buys or sells, or lets to hire or otherwise disposes of any woman with the intention of using that woman in prostitution or using for illicit intercourse or for any unlawful or immoral purpose or for such a purpose keeps a woman in his possession, care or custody.
- If any woman is sold, hired or disposed off in any way to a prostitute or to any person who keeps or manages a brothel.
- Whoever keeps or manages brothel, buys or hires or gets in their possession by any other way or keeps in their custody any woman.
- Whoever brings from abroad sends or traffics abroad or buys or sells or otherwise keeps a child in his/her possession, care or custody with the intention of using the child for any unlawful or immoral purpose.
- Steals a newborn baby from hospital, child or maternity hospital, nursing home, clinic etc, or from the custody of concerned guardians shall be punishable in accordance with sub-section as well as there is the provision of punishment for kidnapping and abduction of women and children.