PROSTITUTION, SLAVERY, AND HUMAN TRAFFICKING ARE ALL FORMS OF PROSTITUTION: ITS ELIMINATION PRACTICES AROUND THE WORLD.
ABSTRACT
The most horrific crimes of our day are slavery, prostitution, and human trafficking. Many people are trapped as slaves in today's modern period, and they are generating large sums of money for their smugglers. Human trafficking jeopardises national security as it is a well-organized and corrupted crime, it affects everyone in a state. Trafficked people's human rights are infringed since they are not accorded the dignity that our Indian constitution promises. They are frequently exploited, raped, or killed. Since the late 1990s, this has been a hot topic in international security. Forced labour is less common than human trafficking for sexual purposes. Countries recognised sexual exploitation in the early phases, but never regarded forced labour to be exploitation. Slavery, prostitution, and human trafficking are the three areas of criminal law that are addressed. Prostitution and slavery are examples of modern slavery that fall under the category of human trafficking for commercial gain. These are the three crimes that must be eradicated or human life will be jeopardised. For the sake of money, people are lowering themselves. The main cause of consensual prostitution and slavery is the lack of funds. They sell their bodies to others since they are usually not financially stable. For such an increasing rate, everyone must be educated and well-recruited in order to prevent financial concerns.
PROSTITUTION
Prostitution is the act of engaging in the sale of human flesh for a fee. Prostitution is defined as the exchange of sexual pleasure for monetary gain. Prostitution is often known as commercial sex because the primary motivation is to make money. Prostitution has existed since ancient times and is open to people of all ages and genders. Although some people choose to work in the flesh trade, the vast majority are coerced into it. This is governed by different laws in different countries and regions. Many individuals believe it is a form of aggression directed against women. Prostitution is a violation of a person's dignity and human rights. It is irreconcilable with the fundamental concept of our Indian Constitution, which guarantees that everyone has the right to a dignified and secure existence. It can be seen in the image in the eyes of Others who have said that their lives have been filled with torture, abuse, and disrespectful treatment. The term "prostitution" refers to more than just the sex trade; it embraces a wide range of activities.
PROVISIONS
While it is a common misperception in India that prostitution is prohibited, the truth is that prostitution is permitted, but pimping, owning, and managing brothels are not. The laws concerning prostitution are as follows: In 1986, the Immoral Traffic (Prevention) Act (ITPA) was updated. India was intended to sign a United Nations declaration against human trafficking in 1950, hence this revision occurred. For example, this Act makes it illegal to manage a sex racquet, but it does not make it illegal to engage in private prostitution or receive money in exchange for sex. In the case of State v. Sharda3, it was established that the term "brothel" does not simply refer to a house, room, space, or share of a property used for the purpose of sexual exploitation. However, it is a location where two or more prostitutes work together on a voluntary basis. And the girls in the case were living in a Kotha and voluntarily engaged in prostitution.
· The Indian Penal Code, 1860, likewise addresses prostitution, but only in the context of children. However, it also includes provisions for kidnapping for the purpose of seduction, coercion into sex, and the trade of foreign ladies, among other things. Kidnapping, selling, and forcing kids into prostitution are prohibited by sections 366(A) and 372 of the Indian Penal Code, 1860.
In the case of State v. Haseena, it was decided that if a minor kid is discovered in a brothel and has been sexually assaulted, it is considered that the minor child was confined for the purpose of prostitution. The prosecutrix stated unequivocally that she was forced to do so and that she was even beaten for refusing. Despite the fact that she could not be found guilty under Section 376 and Section 109 of the IPC, 1860, it was sufficient evidence to convict the suspect for the offence punishable under Section 5 of the ITP Act.
· Human trafficking and forced labour are likewise prohibited by Article 23(1) of the Indian Constitution of 1950.
SLAVERY
Slavery has a long history in our country. It has existed for ages throughout civilization. It's a system in which people are viewed as property of others. In general, the lower classes were included. It's a system in which people are exchanged like other commodities in the open market.
The term of slavery was clarified in the case of Mohammad Ali Al Gitar v. State of Uttar Pradesh: “whoever imports, exports, removes, buys, sells, or disposes of any person as a slave, or accepts, receives, or detains any person as a slave against his will shall be punished.” One person's ownership is transferred to another. It was a one-sided agreement between a master and a slave. It is usually a form of bonded labour for the rest of his life or until his masters rescue him from slavery, in which he is forced to work against his will. In the case of State of Gujarat and Others v. Hon'ble High Court of Gujarat6, it was decided that no one shall be seized in the slave trade or any of its other forms; no one shall be kept as a slave, nor shall anyone be forced or bonded to work.
Slavery Sorts - The following are some of the several types of slave.
o Debt Bondage, often known as Bonded Labour, is a type of debt bondage. When a person holds himself as collateral against a loan, this is a form of slavery. Where he is obligated to work without pay until the loan is returned, as per the master's wishes. This creates a vicious circle because the money is rarely repayable during his lifetime. It's a system in which the slave is never compensated and is frequently passed down through the generations. As a result, the entire family born is formed to repay the obligations of its forefathers. Another type of bonded labour is when workers are hired for lengthy hours for a low wage.
o Slavery as Chattel: Humans are bought and sold on the market like any other commodity, with the slave having no way of escaping. He is compelled to serve for the rest of his life, and any children born to them are frequently treated as slaves for the remainder of their lives. This practise is an affront to human decency.
o Forced Labour: Employees force workers to labour because of their economic circumstances. Work is performed under coercion, threat, assault, or any other form of retaliation. In such a case, a person is compelled to work, and the work product is influenced by a third party. In the case of Dhanurjaya Putel and others v. State of Orissa, where a person was forced to work for 18 hours and only paid Rs. 30/-, there was no freedom to express his dissatisfaction with the exploitation. As a result, this was an accurate representation of current slavery.
According to the court, this completely satisfies the definitions of the terms "slave" and "slavery."
o Forced Marriage and Sex Slavery: Forced marriage and sex slavery are fairly widespread in various parts of the world. Women, mainly adolescent girls, are compelled to marry older men with social prestige. Women are compelled to live as their wives and cater to their husband's whims, and they are physically and sexually mistreated as a result. Women are enslaved as sex slaves by their "husbands."
PROVISIONS
· The Indian Slavery Act of 1843 regulates the practise of slavery in India. The origins of this Act can be traced back to the East India Company's reign. The Act explains how slavery works was outlawed, and anyone caught doing so would be held accountable under the regulations. The Indian Penal Code, 1860, defines a crime as one that carries a severe penalty.
· Victims of forced labour are also protected by labour law, as they are entitled to wages commensurate with their job. Fair working conditions must be provided for labourers. The Supreme Court concluded in Bandhua Mukti Morcha v. Union of India9 that there were a substantial number of labourers working in stone mines under inhumane and unbearable conditions.
TRACKING IN HUMAN BEINGS
Forced labor, enslavement, and prostitution are all forms of human trafficking.
Human trafficking infringes on a person's fundamental right to a dignified and secure life. Human trafficking is an illicit commercial enterprise that mostly targets women, children, migrants, marginalised communities, and war victims. In the case of U. Gopakumar v. State of Kerala, the appellants' counsel claimed that the accused was routinely involved in human trafficking and that he trafficked a large number of people on a regular basis. Thus, the basic parts of Section 370 of the Indian Penal Code (IPC) of 1869, which criminalises human trafficking, were mentioned. It was also included in this. Human trafficking, according to some, is a form of modern slavery.
Begging and participation in illegal acts are both forms of human trafficking. It is much clearer when we see children begging on the streets. The majority of the time, these youngsters are kidnapped and forced to beg by their traffickers. Minors are preferred by criminal organisations because they are easy to control and because their comparatively short statute of limitations allows them to conduct crimes such as burglary or stealing.
PROVISIONS
· The Indian government punishes human trafficking for the purpose of commercial sex with a seven-year sentence or a life sentence under the ITPA Act.
· Bonded labor, often known as forced labour, is illegal in India under the Bonded Labour Abolition Act of 1976, the Child Labour Act of 1986, and the Juvenile Justice Act of 2015.
· State governments have also taken initiatives and established legislation to address these challenges, such as the Punjab Prevention of Human Smuggling Act of 2012. In the case of the State of Uttarakhand v. Sartaj Khan, it was stated that the state parties must develop and maintain direct communication channels to improve border control cooperation. The Act Trafficking Victims Protection Act of 2000 was also passed during this time.
· The Anti-Trafficking Cell (ATC) was established by the Maharashtra Department of Home Affairs in 2006 to serve as a focal point of communication and follow-up with state governments in the fight against human trafficking.
THE GLOBE ELIMINATING ITS PRACTICES
· STOP (Stop Trafficking and Oppression of Women and Children) has been in action since 1998, with the main goal of breaking the cycle of trafficking and uplifting through education, legal movements, and the rescue of children and women from various forms of slavery and human trafficking.
· Anti-slavery is a sensible development approach, according to the Sustainable Development Goals. These operative actions are being enacted in order to eliminate forced labour, modern slavery, human trafficking, and all forms of child labour by 2025.
· The International Labour Organization, the United Nations Economic Council, and the Commission on Human Rights; the United Nations Human Rights Council; and the United Nations Security Council all maintain a watchful eye on prostitution, slavery, and human trafficking. UN agencies such as UNODC (United Nations Office on Drugs and Crime) and UNICEF, among other.
A global collaboration to eliminate modern slavery can be formed in which a special emissary on modern slavery works diligently and pool finance.
NGOs' operations are an important source of human trafficking information, and local NGOs can assist authorities in locating such illicit rackets.
CONCLUSION
To sum up, appropriate efforts should be done to provide everyone with educational rights, monetary benefits, good health care benefits, housing, remuneration, and recruitment rehabilitation services. In today's world, modern slaves are not physically confined to one location but are forced to work in such conditions. They are constantly threatened with eviction, physical or sexual violence. To begin, police, armed forces, border guards, and prosecutors must prosecute traffickers, protect victims, and prevent trafficking. Victims are subjected to double punishment in such cases. or, in extreme cases, triple victimization: after being sheltered from their traffickers, certain authorities make use of their position and, eventually, society.
Content Writer :
NAME: SIMRAN SHADIJA
COLLEGE: Symbiosis Law School, Hyderabad
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