Abstract: and especially women. Here women and child are

    

 

Abstract:

Every human being are born with basic right which
include right to life with dignity, education. Every state has its own
guarantee right but unfortunately people in some part of remote and rural
areas  of our country are deprive
from  these rights. There is increment of
child abuse and human trafficking. Trafficking is a most inhumane and not
acceptable crime which are growing rapidly in our society. Many child are being
abused which is against law and considered as lawful act is a kind of human
rights violation and these violation are increasing slowly. Many children are
being kidnapped and abducted for many purspose. They are taken hostage and
deprive from their without any protection under threat they are threated ill
which is not acceptable. They are taken for one ultimate thing that is for
organ transplantation or sex worker or to sell them in construction site.
Direct exploitation of human right is observed where child are exploited though
the  fact they are guaranteed they are
not available with these rights.

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Background

In today’s era
every person right are been protected and safeguard by law of country. Every
human being has been guarantee to live their life with dignity, education, food
and shelter but in some part of our countries where people cannot exercise
their right and especially women. Here women and child are being ill treated
and they are being abused for different perspectives like dowry they are being sold
by their own partner, and some time as where they work as maid.. Mostly women
and child are being trafficked and sold and they are living their life for
other benefit. In today’s date there is increment in trafficking and abuse.

 

Rational

The main purpose
of the study and research is to know more precisely about what is trafficking
and

what are the
reason behind these illegal work that which are voilating women right.

 

Research question

What are the main
reason behind trafficking?

And what necessary
step should be taken to stop it?

 

Methodology

In this research
we have been using priamry source as well as secobdary source that is internet

 

Limitation

Studing cases of
traffacking of women inIndia

Laws of India and
Nepal

 

Objectives

The main objective
of this research are:

To know the status
of women in society

To know whether
women are being able to exercise their right or not?

What are reason
behind voilation of women and traffacking??

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                 

                                Introduction

Trafficking means
abduction of a child for the ultimate motive for exploitation. Under
international law child trafficking is a crime involving the movement of
children for their purpose of exploitation. Trafficking implies that someone
has organized the movement of a child with immediate aim of child’s exploitation.
A child is a person below 18 years and don not have proper knowledge to take a
rational decision.

 Trafficking implies that someone has organized
the movement of child with the immediate or ultimate aim of child exploitation.
This process can involve the transcation between two parties where receiving of
payement or benefit to agree to child for selling to exploit. Trafficking a
person is a serious crime and a grave violation of human right. Every year,
thousand of children, men, women are being fallen into the hand of traffickers
in their own countries and abroad. They are being forces to do activities
against their will and for many hours they are being forced to work as labour.

 

According to
research for example annually approximately 12,000 children are trafficked to
India, mainly for the purpose of sexual exploitation(ILO/CWIN, 2001). According
to Research annually approximately 11,000-13000 girls and women are working in
the night entertainment industry.

About 300,000
Nepalese girls and women are already working in Indian brothels of dozen of
cities. More than t10,000 Nepali girl are being trafficked and are being force
to work as worker or slave and are being mentally and physically abused. 90% of
total girls between 9-14 years old being trafficked. The girls and women are
mainly tricked by their own relative such as husband, brother, uncle sometime
too. Some time due their own poor economic condition they are send to work and
in the name of work they are sold to brothels and being abused.

According to
National Human Right Commission report, the estimated number of people
trafficked or attempt to trafficked in 2012/13 and 29000 (NHR014). The UNDOC
suggest that is Nepal during

2007-2009 out of
detected victims of trafficking, 36% were children 33% were girls and 3%boys. 1

 these days

Nepal is suffering
from child trafficking. These are being one of the serious problem in Nepal as
well as India. From rural areas, illetrate girls who are suffering from
proverty ar brought to cities by brokers by saying to provide ggod job. They
are sold especially in various part of cities to India and forced to become
prostitute in brothel. Similarly some brokers bring girls from rural areas and
village and sell them in factories and circus. Girls trafficking is one of the
dozens of social crimes . It si major social crime not only in Nepal but also
in whole south asia countries. Trafficking has been rapidly increased in rural
and remote area generally in mountain region of Nepal where lots of  are uneducated and poor. The girls are
transport to gulf countries and especially in India because of open boarder and
lack of security checking in India Nepal boarder. So the majority of child and
girls are being sold to is India. Thousand of girls are women are being
prostitute every year in the hope of good job and comfortable life. This social
evil stigmatized our dignity and invite social disaster and crime. Trafficked
girls after certain time of prostitute they get HIV/AIDS and are empty handed.
These only does not resemble their poor life but also the inhumanity nature of
the society. They are being a part of hatrated in everyone eye even when they
return the society lives in such a nasty thinking that they are not allowed and
welcome to their lifes and  hated for no
reason.

Human trafficking
is a punishable crime under the eye of law. It is so because humgan are not the
part of commodities that are being used or can be boughed. The act is against
human law and human right thata they are supposed to exercise but morethan that
they are being part of inhumanity and beyond the natural law.

Things that are
related and can be said that why human trafficking is consider as punishable
offence

1> It
undermines the human right and women right:

Trafficking or
buying and selling of women undermine the human right of child and women. Human
need to have certain level of dignity that they need to live by. Every
countries have their own kind of human right and is the basic right for
everyone. Therefore trying to underminesuch right by involving in trafficking
is not a good purpose.

2> Right to
live a dignified life as basic right to human :

When it comes to
basic right then every person has right to live a dignified life. But here in
our society when that is not their willing job when they get out from those
terrific world they are not being abl to cope with the people they are not
accept by the society and the things that they got to know and listen is
against the humanity nature of everyone. Every people has the right to live a
dignified life whisch is coted and are preserved but then also it doesnot
implement.

Though it is a
women child or anybody everyone should get a chance to live a dignified life.

3> Anually many
women are died by the catch of deadly diseases of trafficking :

Trafficking has
created a serious problem in our society. The trafficked girls who are forced
to work with as many as client they is obviously a situation of catching of
dangerous disease. Many of them are forced to work and when they denied they
are being tourtured very harshly sometime it lead thm to the mkuth of dead too.
By having physical relation with many people there is probability of infected
of disease which lead them to the mouth of dealth which is also one of the
serious matter.

 

ELEMENT OF
TRAFFICKING

The act : Here it
means the act what is done like recruitment of child , transportation from one
palce to another harbouring or receipt of person.

The means: It
means what is t

E medium because
sometime it is can be abduction , due to proverty and use of force , threat
,abuse of power or vulnerability orgiving payment or benefit to a person in
control of victim.

The purpose: It
means why these kind of act are being arried out for what purpose like sexual
exploitation, forced labour , slavery and removal of organ.

 

Child abuse can be
consider as maltreatment of child like misbehaving with them not considering
their feeling etc. Child abuse can be said like making them to work against
their will, harming them forcing them to conduct different activities without
their will and acceptance. Though their right are been guarentead and protected
by governmanet but due to lack of security and enforcement they are unable to
exercise their right that are being safeguard and are being said to be
protected.

There are various
form of child abuse but the four main reason are:

Physical abuse:
Child that are being kidnapped and they are torture both physically and
mentally to do the work that they are assigned to do. There are many child who
are being ill treated at their home only when the family condition are being
not stable then that also can directly and indirectly affect their life. Child
that are being trafficked and are taken as hostage they are being more
physically abused.

2> Sexcual
Abuse: Child tat are being trafficked the ulternate purpose of this related to
sexual activities they are being sold to different parts and areas of countries
and are being forced to do those kind of activities which is directly linked
with sexual abuse. They are being forced to work with client and are being
sexually and physically abuse.

Mental abuse: this
can be from the broken family single parents child when they neeed good and
propoer care because of those they are being disturbed which directly and
indirectly influenced ythem and as result they are being abused. When guardian
doesnot listen to their problem then also this kind of result apper when they
are not being supported in the time then it directly harm them.

4>Emotional
Abuse: this kind of abuse are also a form of mental abuse theis is also
directly and indirectly linked with each other. When child need their guardian
and member to help and when there help is disregarde and are not considered
then this kind of stress can effect them. According to Child reform commission
:

 

CRC: Child rights
are made to make availability of good care and protection of children all the
time. As stated in article 1 , for the purposes of the convention, a child is
defined as any human being under the age of eighteen.2

 

Issues related to
Child right:

1. Child abuse

2. Child
exploitation

3 .Child labor

4.  Child trafficking

5 .Child marriage

6. Child
education(Article 21(a))

 Process of recognition of right continued with
adaption of the declaration of Childrens Right in 1959. Article 42 of CRC
stipulates that children have Right to know about their right. The ministry of
Home affairs launched the  governments
‘comprehensive scheme for strengthening law enforcement response in india,
which seeks to improve india’s overall law enforcement response to all form of
trafficking, including bonded labor and established at least 87 new anti human
trafficking units (AHTUs). The government also ratified the 2000 UN TIP  protocol.3

UN DECLARATION ON
RIGHT OF THE CHILD:

1.Non-discrimination.

2.Special
proloction, oppurtunities and facility to physically, mentally, morally,
spiritually and socially in a healthy and normal manner and in condition of
freedom and dignity.

3.The right to a
name and nationality.

4.The differently
abbled child to be given special and care.

Child right under
CRC:

1.Right to
survival.

2.Right to
development.

3.Right to
protection.

4.Right to
participation.

 

Child right in
India:

There are many
children those who are deprived of different services. The government of India
ratified the UN.

Art.15(s)- Special
provisions for child.

Art.21 A- Right to
Education

 

 

 

Case: Bachpan Bachoa Andolan vs Union Of India
& Ors on 18 April, 2011 

 

Because of deprivation of basic neon eds this
case is studied to address under Art, 32 of the constitution in the wake
of serious violation and abuse of children who are forcefully detained in
circuses.
Many children especially from some poverty
striken areas of Nepal and India and children from the circus are not
allowed to live their life to freedom.

 

 

Facts:

 

The first time petitioner came to know about
child trafficking and plight way back in 1996. One of the 12 yrs. Nepali
girl did complain for other girls had been trafficked and forced to stay
and perform in the circus where they were being sexually abused.
From the case, it was found that organized crime
of trafficking of children for Indian circuses was high. The compilation
in a report term as “Eliminating Child Labor from Indian circuses”.

 

 

Decision:

Under the umbrella
of I.C.F. agreed to make a declaration that there shall be no further use of
children in India. Government Organization (NGO) in Nepal will help in
repatrition and rehabilitation.

The employment of
the children in circus involves many legal complications  and in that respect major legal complications
are as follows:

Deprivation of children from educated therby
violated their fundamental rights enshrinsed under article 21A of the
constitution of india.

Deprivation of the child from playing and
expression of thouonghts and feelings, thereby violating fundamental
right to freedom of expression.
Violation of statutory provisions of law like
aemployment of Childrens Act, 1938, The child Labor (prohibition and
regulation) Act, 1986, Bonded labour system(abolition) Act, 1976 read
with  rules made under, the
factories Act, 1948.etc.

 

This reports talks
about the trafficking of children in urban brothels and the regional variations.
The report discuss how trafficking is undertaken.

 

 Analysis:

Trafficking in
children has become an increasingly lucrative business especially since the
risk of being prosecuted is very low. They do no sell their body in their will.
But are brought through trafficking networks run by individual who buy and sell
them into prostitution.

 

Conclusion:

Different laws and
act that are made to punish who violate the law for the protection of law from
being voilated punishment is given in corresponding amount. The adverse effect
is seen on the individual as well as society that obstructs the physical mental
and social development.

 

 

Bibliography:

Kapoor, Dr.S.K., Human Rights
https://www.savethechildren.in/article/causes-of-child-trafficking-in-india
Bachpan Bachoa Andolan vs Union Of India &
Ors on 18 April, 2011
http://www.imnepal.com/reason-or-causes-od-nepalese-girls-trafficking-into-indian-brothels/

 

1
Trafficking of children and women in Nepal, UNICEF

 

2
Wikiprogress.org/articles/children-yc

3
http://www.refworld.org/docid/4e12ee7427.html