Module 1

MODULE 1
INTRODUCTION

1.1 INTRODUCTION

Trafficking has been an area of concern since the early 20th century. It especially attracted
attention during the 1980s. The United Nations defines human trafficking as:

“The recruitment, transportation, transfer, harboring or receipt of persons, by means
of the threat or use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation.”

Sex trafficking disproportionately affects children and women. It involves forced participation
in prostitution or commercial sex acts. Some of the common types of human trafficking are-
sex trafficking, forced labour and debt bondage. Human trafficking also has a direct bearing
on the human rights of the victims. Special focus also needs to be put into rehabilitation and
reintegration of victims into the society.

The Indian Constitution prohibits all forms of trafficking under Article 23. The Suppression of
the Immoral Traffic Act, 1956 (amended to the Immoral Traffic Prevention Act) is another
important legislation in this regard. It was enacted in response to the ratification of the
International Convention on Suppression of Immoral Traffic and Exploitation of Prostitution
of Others in 1950 by India.

In this module, we will be focussing on a general overview of human trafficking and associated
issues. The discussion will focus around definitional debates, kinds of human trafficking, and
implications on human rights.

1.2 DEFINITIONAL DEBATES

One of the most important step in approaching a problem is arriving at a consensus at the
definition. Considerable efforts have been made at the international level in defining human

trafficking. The various definitions available on the topic reflect a lack of clarity and
understanding on what precisely constitutes trafficking. Over time, the concept of human
trafficking has undergone changes and newer forms have been evolved. It has been recognised
that historical characterisations of trafficking are outdated, ill-defined and non-responsive to
the current realities of the movement and trade in people and to the nature and extent of the
abuses inherent in and incidental to trafficking.

The different definitions of human trafficking highlight the different interpretations,
understanding and emphasis on different variables. The inclusion or exclusion of specific
elements and attributes of trafficking also contribute to different understandings of human
trafficking. There are various debates regarding the issues of consent and movement; purpose
relation with smuggling and illegal migration; and treatment of women and children.

The first recognised definition of trafficking has been provided internationally in the United
Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, 2000. The definition expands the exploitative conditions that may result from
trafficking. The definition provided in the 2000 Protocol is more inclusive. However, due to
the evolving nature of the issue, the evolution of definition is a continuous process, with
increased focus on the human rights aspect.

The multiplicity of attributes and variables involved in the trafficking process and the different
perspectives on the subject is another reason for the wide variation in the suggested forms of
trafficking. There is no uniform method of classifying these forms.

1.3 IMPORTANT FACTORS

Some of the important factors that influence trafficking in humans are discussed as below-

• Vulnerability Factors

There are different factors at play which contribute to or aggravate the risk of human
trafficking. Some of these factors could be socio-economic status, necessity, vulnerability etc.
Some experts view these factors to be the root causes of trafficking, others believe that these

factors merely increase the vulnerability of marginalised and disadvantaged groups and render
them increasingly more amenable to a variety of harm, including human trafficking.

• Personal circumstances

Personal characteristics such as low self-esteem and lack of self-control are reported to be
vulnerable factors which contribute to human trafficking (UNDP 2002). Low levels of literacy,
awareness and information are also risk factors that play a major role. Economic depravation
due to multiple reasons also contribute. Most of the studies and reports under conclude that a
high percentage of trafficked people belong to lower income groups.

• Structural factors

Surroundings which lack decent livelihood options or economic opportunities also contribute
to the risk of human trafficking. This is known as a structural factor. Other important factors
are-

o industrialisation and globalisations;
o economic crises, decline,
o disruption or underdevelopment;
o economic policies like privatisation, liberalisation, promotion of sex tourism,

withdrawal of subsidies and commercialisation of agriculture;
o the consequent erosion of subsistence agricultural practices, loss of traditional

livelihoods and inflation.

• Spatial location of vulnerable groups

Geographical or spatial location of vulnerable groups also contribute to human trafficking.
More research needs to be done to understand various geographical factors, both rural and
urban, to understand the impact.

• Perpetuating factors

Demand, supply and impunity act as perpetuating factors.

1.4 DESTINATION SECTORS

• Commercial sexual exploitation: Trafficking for the purposes of commercial sexual
exploitation is a major destination sector of human trafficking. The different forms that
commercial sexual exploitation takes are-

o Prostitution
o Pornography
o Cybersex
o Sex tourism

• Labour exploitation: The problem of labour exploitation is widely prevalent in India.
This may include under-paid labour or even labour without pay. In the Indian context,
it could be understood in the practice of bandhua majdoori.

1.5 HUMAN RIGHTS AND TRAFFICKING

As discussed earlier, human rights of the victims of trafficking are important points to be taken
into account in devising an effective strategy. According to the UN Office of the High
Commissioner, some of the most relevant human rights to trafficking are as follows-

• The prohibition of discrimination on the basis of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth, or other status

• The right to life
• The right to liberty and security
• The right not to be submitted to slavery, servitude, forced labour or bonded labour
• The right not to be subjected to torture and/or cruel, inhuman, degrading treatment or

punishment
• The right to be free from gendered violence
• The right to freedom of association

• The right to freedom of movement
• The right to the highest attainable standard of physical and mental health
• The right to just and favourable conditions of work
• The right to an adequate standard of living
• The right to social security
• The right of children to special protection

1.6 CONCLUSION

In this course, we will be entering into a brief discussion of meaning of human trafficking. We
will see the impact on human rights and the need for rehabilitation and reintegration of victims.
Several human rights are particularly at risk through the application of antitrafficking
measures: the prohibition of discrimination; the right to freedom of movement; and the right to
seek and receive asylum from persecution. These issues need to be positively addressing while
devising effective counter-strategies.