Review Article | Volume 23 Issue 4 (Oct-Dec, 2024) | Pages 72 - 75
Child Trafficking in India
 ,
1
Asst. Professor, SNIL, Siksha O Anusandhan (Deemed to be University), Bhubaneswar.
2
Prof, Dean, SNIL, Siksha O Anusandhan (Deemed to be University), Bhubaneswar.
Under a Creative Commons license
Open Access
Received
Sept. 5, 2024
Revised
Sept. 20, 2024
Accepted
Oct. 10, 2024
Published
Oct. 22, 2024
Abstract

The incidence of child trafficking in India is very high. There are multifarious reasons for child trafficking. India has a population of 135 crores according to the latest census. Millions of families are living in below poverty line. Family size of people living in below poverty line is high. They do not have access to nutritious food, proper education to make out their living, house and good health. Parents are forced to send their children to work to contribute to family income. Condition of girl child is worse. She is considered a burden to family and is married in minor age to elder people for pecuniary gains. Some religious practices allow minor girls to marry God and are compelled to live in prostitution. These women are called “Devdasis’”. In some other community minor girls are married to old rich people under the protection of personal law. Minor children are sent to work as domestic servants, farm workers, in hotels and restaurants, shops and small workshops etc. in un-organized sectors. Thousands of children are illegally sent to urban areas every day and are engaged in different works which is known as child labour, beggar. Even traffickers sell children and mutilate their bodies for the purpose of begging. These hapless children are compelled to live in unhygienic condition, starved and also subjected to sexual abuse. After the development of information technology, internet access and social medias are frequently used for child pornography. Specifically, girl children are induced and trafficked to shoot child pornography films. In present day children are most vulnerable to sexual abuse and child trafficking than in past generations due to cyber network. The United Nations General Assembly resolution regarding Universal Declaration of Human Rights in December 1948 and the U.N. Convention on the Rights of the Child are the land mark majors at the world level recognizing and guaranteeing the rights of the child. Government of India in its response adopted the National Policy for Children, 2013. The Constitution of India has in Part III Article 21A guaranteeing right to education to all children up to the age of 14. Article 23 prohibits traffic in human beings and child labour. Article 24      prohibits employment of children in factory, mine and hazardous employment. Government amended the Indian Penal Code to impose deterrent punishment to traffickers. Besides Government enacted several special laws such as the Bonded Labour System (Abolition) Act,1976, the Juvenile Justice ( Care and Protection of Children) Act,2000, the Protection of Children from Sexual Offences Act, 2012 and its Rules,2012, and the Prohibition of Child Marriage Act,2006.  In spite of the Government plan of actions and laws to punish child abusers and offenders of child-trafficking, child abuse and trafficking are continuing. Perhaps there is some laxity in the enforcement agency and judicial process and lack of social awareness about child abuse and trafficking.

Keywords
INTRODUCTION

India is the home of 135 crores of people. According to 1921 census population of India was 21 crores which includes population of Pakistan, Bangladesh, Miyamar, Srilanka and Nepal. At the time of independence population was 40 crores. So by the latest census population has increased more than three times. When the East India Company came to India for trade in the beginning of 17th century, India was a prosperous country contributing more than 25% of the world trade. The British colonial rule systematically drained wealth of India. They ruined our industries. The purpose of their education policy was to create a class of people to support the colonial rule. The people of India who were self reliant by our traditional education system became poor and forced to migrate to upcoming industrial towns and cities to work as industrial serfs. In addition to the precarious economic condition, the rising population left people with no decent livelihood. In order to survive they send children to work in farms, industries and domestic helps in rich families. This trend gives rise to child trafficking. The traffickers induce poor people to send their children to industrial towns, urban areas for work. The children are forced to work in low wage. They are beaten, maimed and even forced to beg. Girl children are engaged in sex trade. Even boys are also sexually abused. They are not allowed to return home. The traffickers manage to escape from enforcement agency by manipulation.

INCIDENCE OF CRIME AGAINST CHILDREN PUBLISHED BY THE NATIONAL CRIME RECORDS BUREAU FOR YEAR 2019.

The report of the National Crime Records Bureau for year 2019 gives an alarming picture of crimes against children. The report says that no. of crimes against children in 2019 is 1,48,185 as compared to 1,41,764 in 2018 and 1,29,032 in 2017. Thus there is steady increase of crimes against children. The rate of crime against child is 33.2 per one lakh population in 2019. Total no. child murder cases is 1409 and victims 1556; child kidnapping cases 28370 and victims 29243. Maharastra topped the list in child kidnapping cases with 5647 cases and victims 5897 followed by Madhya Pradesh 5282 cases and victims 5449 and Odisha 4315 cases and victims 4316. Among the Union Territories Delhi is in top with 2531 cases and victims 2587. No. of cases of kidnapping and abduction in order to murder is 77 and victims 88; kidnapping for ransom 102 and kidnapping minor girls to compel her marriage 15649 and victims-15787. Bihar is in the top of the list with cases 4483 followed by Uttar Pradesh 4040. No. of cases of procuration of minor girl (Section 366A IPC)  is 3117 and victims 3189; kidnapping and abduction 2649 cases and victims 1113; importation of girls from foreign country (Section 366B IPC)  2; other kidnapping and abduction cases 2649 and victims 2785; child trafficking cases 477 and victims 1113; selling minors for prostitution 24 cases and victims 28 out of which 2 boys and 26 girls; buying minors for prostitution 8 and rape cases 4940 and victims 4977.

INCIDENCE OF CRIME AGAINST CHILDREN PUBLISHED BY THE NATIONAL CRIME RECORDS BUREAU FOR YEAR 2019.

The report of the National Crime Records Bureau for year 2019 gives an alarming picture of crimes against children. The report says that no. of crimes against children in 2019 is 1,48,185 as compared to 1,41,764 in 2018 and 1,29,032 in 2017. Thus there is steady increase of crimes against children. The rate of crime against child is 33.2 per one lakh population in 2019. Total no. child murder cases is 1409 and victims 1556; child kidnapping cases 28370 and victims 29243. Maharastra topped the list in child kidnapping cases with 5647 cases and victims 5897 followed by Madhya Pradesh 5282 cases and victims 5449 and Odisha 4315 cases and victims 4316. Among the Union Territories Delhi is in top with 2531 cases and victims 2587. No. of cases of kidnapping and abduction in order to murder is 77 and victims 88; kidnapping for ransom 102 and kidnapping minor girls to compel her marriage 15649 and victims-15787. Bihar is in the top of the list with cases 4483 followed by Uttar Pradesh 4040. No. of cases of procuration of minor girl (Section 366A IPC)  is 3117 and victims 3189; kidnapping and abduction 2649 cases and victims 1113; importation of girls from foreign country (Section 366B IPC)  2; other kidnapping and abduction cases 2649 and victims 2785; child trafficking cases 477 and victims 1113; selling minors for prostitution 24 cases and victims 28 out of which 2 boys and 26 girls; buying minors for prostitution 8 and rape cases 4940 and victims 4977.

FORMS OF CHILD TRAFFICKING

DOMESTIC SERVITUDE:

Poor parents for the support of the family are forced to send their children to rich families to work as domestic help. The traffickers lure the parents promising high remuneration and take their child to urban areas and engage them as domestic help. These children away from home and parents are over worked,  often  beaten for small mistakes. They are not given proper food. They are forced to live in unhygienic condition. They are totally exploited. Sometimes these children are sexually abused. These types of illegal activities are not detected as they occur within four walls of private homes. Poor children due to fear couldn’t make complaint to public authorities. Besides due to lack of public awareness this type of child trafficking continues unabated. Every year hundreds of thousands of children are trafficked from rural areas to urban areas and engaged as domestic helps.

FORCED CHILD LABOUR

Children are often trafficked to work as bonded labourers in farms, brick kilns, stone quarries and tea gardens in order to pay off debts to money lenders and employers. They are forced to over work without remuneration. They are often beaten, starved and intimidated to compel their obedience. They are not given medical treatment in illness. They are also subjected to sexual abuse.. Children are also trafficked for employment in industries such as spinning mills, lather tanning factories, metal works, bangle factories, hotels and restaurants even hazardous industries.  They have no hope to return to their homes.  They end up as slaves throughout their lives.

ILLEGAL ACTIVITIES

Children are trafficked for illegal activities such as begging and organ trade. Very often children are maimed and forced to beg in religious places. The traffickers collect huge money from child beggers and spread their illegal empire throwing laws, values and human dignity to wind. The traffickers get protection from political leaders by contributing huge money to party election fund. They also bribe enforcement agency. The cruel traffickers sell organs of the children in big private hospitals.

ILLEGAL ACTIVITIES

Children are trafficked for illegal activities such as begging and organ trade. Very often children are maimed and forced to beg in religious places. The traffickers collect huge money from child beggers and spread their illegal empire throwing laws, values and human dignity to wind. The traffickers get protection from political leaders by contributing huge money to party election fund. They also bribe enforcement agency. The cruel traffickers sell organs of the children in big private hospitals.

CHILDREN ENGAGED IN TERRORIST ACTIVITIES AND ARMED CONFLICTS

Children are susceptible to influences like extreme political views, bigotries, hatred by religious leaders. There are hundreds of terrorists’ organizations both political and religious all over the world. Prominent among political terror organizations are Maoist Insurgent Organizations operating in India, Palestine Liberation Insurgency Organizations in Arab and other parts of the world, Liberation Tigers of Tamil Elam in Srilanka. LTTE insurgency in Srilanka has been considerably neutralized by Srilanka Government policy and military action. Maoist insurgent activities continue in India due to support of leftist thinkers spread over universities and public media. The more alarming to world civilization is hundreds of Islamic terrorist organization operating in India, Pakistan, Bangladesh, Afghanistan, Iraq, Syria and also in Europe and North America. Their purpose is to establish Islamic State all over the world by forcible conversion, demographic change by mass emigration to Non Islamic countries. In order to achieve their objective they recruit children, brain washed them to kill non believers in reward for place in heaven. Currently there are hundreds of such organizations in Pakistan, India, Europe, North America, Africa, Arab countries, Iran, Afghanistan and Australia. Even in developed countries like Britain, U.S.A., France and some European countries these jehadi organizations could recruit child soldiers to fight against established government in Kashmir, Pakistan, Afghanistan, Syria, Iraq and Palestine. They also indulge in mass killing of innocent people as suicidal bombers. Jehadi Islamic terrorist organizations are now a great threat to world civilization and freedom of people.

EXPLOITATION OF CHILDREN FOR COMMERCIAL SEX

Children both male and female are trafficked to cities and engaged in sex trade. According to the study and survey sponsored by the Ministry of Women and Child Development (MWCD) there are about 30 lakhs prostitutes in India out of which 40% are children. There is growing demand for minor girls in prostitution. Besides due to perverted Hindu religious practice young poor girls are induced to marry Gods and are compelled to live in prostitution. It is also noticed that poor parents are promised to marry their daughters to wealthy people but actually young girls are trafficked to outside state and engaged in prostitution. Trafficking of minor girls for prostitution is found in tribal areas of Odisha. Young girls  are induced to the profession of child pornography film. Besides young boys and girls are exposed to pornography in the internet and very often are subjected sexual abuse.

CAUSES OF CHILD TRAFFICKING

Causes of child trafficking in India is mostly due to poverty, lack of education, lack of employment opportunity in rural areas. Poor parents need financial support from children by sending them to work. Extreme political and religious doctrines induce young people to insurgency and terrorist activities. The terrorist organizations mostly induct young people. It is easy to brain wash young people to extreme ideas. In recent time military intervention super powers like U.S.A. and Russia in small countries provoke young people to terrorist activities. Due to access to internet services young boys and girls are used in pornography films. Child pornography contributes significantly to child trafficking.

MAJORS TO COMBAT CHILD TRAFFICKING

UNITED NATIONS RESOLUTIONS:

The United Nations General Assembly on December 10, 1948 made resolution which is known as “Universal Declaration of Human Rights”. This resolution in Article 25 declares that every child has right to care and protection. The U.N. General Assembly on November 20, 1989 made special Resolution recognizing the rights of the child which is known as “ U.N. Convention on the rights of the child” and it came into force on September 2, 1990. Article 1 defines “child” as every human being below the age of eighteen years unless the law applicable to the child, majority is attained earlier. The U. N. Resolution issues several directions to the states who signed the U.N. Resolution to make laws and adopt plan of actions to recognize rights of the child and to ensure protection of child from any violence, proper nourishment, access to quality education, development, freedom of speech and expression etc.

 

ACTIONS OF GOVERNMENT OF INDIA:

The Government of India adopted The National Policy for Children, 2013. Before that Government of India adopted the National Policy for Children, 1974  in terms of its ratification of international conventions. There after Government of India adopted the National Charter for Children, 2003. The latest Resolution 2013 becomes inevitable due to emerging challenges in the situation of children, is a continuity of earlier resolutions to secure happy and healthy childhood and to protect children from all forms of abuse, while strengthening the family, society and the Nation.

 

The Constitution of India in Part III “Fundamental Rights” in Article15 (3) provides that state is not prevented to make special provision for women and children. Article 21A guarantees right to education to all children of the age of 6 to 14 years. Article 23 prohibits traffic in human beings and forced labour. Article 24 prohibits employment of children in factory, mine and hazardous employment. In Part IV “ Directive Principles of State Policy” Article 39 (e) & (f) provide safeguards for children against abuse and forced labour and to protect freedom and dignity of child. In its commitment to protect child from forced labour and beggary, sexual abuse, for care and protection of abandoned and rescued children and to punish the child abusers and offenders, Government have enacted special laws such as the Bonded Labour System (Abolition) Act,1976,  the Juvenile Justice ( Care and Protection of Children) Act,2000, the Protection of Children from Sexual Offences Act, 2012 and its Rules,2012, and the Prohibition of Child Marriage Act,2006 . Sections 370 to 374 of the Indian Penal Code provide for deterrent punishment for offenders of Child-Trafficking.

CRITICAL REFRAIMING

Causes of child trafficking are multi faceted. Economic policy of the Government should be organized to reduce huge income gaps of people. Employment should be available in the locality of the people. Quality education to make a decent living should be available to people. Government have taken up various development works to uplift the standard of living of people. But people are not fully benefitted due to rampart corruption in bureaucracy. Education policy should so designed that children are not exposed to extreme political and religious views. Government should control internet web site. Government should prevent companies running web site to spread pornography and extreme ideology. Judicial system and prosecuting agency should work efficiently to punish offenders of trafficking quickly and the punishment should be deterrent. More over peoples’ mind set should change to consider that to engage a child in work when he should be in school is a crime against child hood.

CONCLUSION

In spite of the Government plan of actions and laws to punish child abusers and offenders of child-trafficking, child abuse and trafficking are continuing. Perhaps there is some laxity in the enforcement agency and judicial process and lack of social awareness about child abuse and trafficking.

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