Research criminalizing these activities with the aim to

 

 

Research paper

CHILD TRAFFICKING AND SEXUAL ABUSE: CHALLENGES TO HUMAN RIGHTS

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

(A Comparative study of legal provisions in India and Nepal)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submitted by: Group no. 11

Submitted to: FIMT

 

 

 

ABSTRACT:

Trafficking of human being has been one of
the main social problems in many countries. Child trafficking has been one of
the major problems that has been existing between India and Nepal. Every year
children have been trafficked between these countries for various purposes
including forced labor and sex exploitation. In both these countries there are
laws relating to trafficking of children, criminalizing these activities with
the aim to control trafficking and protecting children’s. This paper will
concentrate on Nepal and India’s situation. As the
provisions in both these countries are different from each other; this research
aims make a comparative study of these laws and how these laws come into action
in both these countries in their territorial jurisdiction.

 

 

 

 

 

 

 

 

 

 

 

Table of content

       
I.           
Chapter 1……………………………………………………………………….

       
i.           
Introduction

     
ii.           
Research Methodology

   
iii.           
Objectives

   
iv.           
limitation

    
II.           
Chapter 2………………………………….. …………………………………………….

       
i.           
Findings

·        
 Cause

·        
Effect

·        
Laws in context of Nepal

·        
Laws in context of India

  III.           
Chapter 3…………………………………………………………………………………..

       
i.           
Analysis

     
ii.           
Recommendation and Conclusion

 

 

 

 

 

 

 

 

 

 

 

INTRODUCTION:

Background

India and Nepal have long history dating back to
centuries of having diplomatic relation between each other. Both these
neighboring countries have many threads tied between each other in many social,
geographical, political, economical sectors. There are both positive and
negative aspect of these sectors, these countries have been facing and one of
them is Child trafficking seriously violating the human rights of many innocent
children.

Important question has been raised in this
context; fundamental right of those children who have become the victim of such
trafficking. They are sold from different parts of the world across different
countries as labor, sexual slave, selling their organs and even involving them
in drug trafficking and smuggling. Most of the children who are trafficked
themselves don’t know that they are being illegally trafficked across different
countries. They are unaware of their own rights and have been the victim of
exploitation.

So, as it is growing problem in these countries there are
different laws and provisions that has been made by both of these neighboring
countries inside their own territory to deal with such problems.

Brief introduction

Definition of child:

INDIA:  According to Indian Majority Act, 1875- A
person who is below the age of 18 is minor.

NEPAL: According to the Children act 2048 (1992), Chapter
1(2) (a) “Child” means minor having completed the age of sixteen years.

According to Human Trafficking and
Transportation (Control) Act, 2064, “Child” means a person who has not reached
the age of eighteen years. 

Definition of child trafficking:  Trafficking of children for the purpose of
slavery, forced labor and exploitation.

Definition of Human Rights: moral principles or norms
that describe certain standards of human behavior.

Research Methodology

1.      Primary sources

Constitution,
Acts

2.      Secondary Sources

Books

Objectives:

1.     
To make a comparative study of the laws relating to child trafficking
and their rights in Nepal and India.

 

Limitations:

1.     
We have only looked into the laws of India and Nepal.

2.     
We have only studied the provisions relating to children trafficking and
their rights and have compared those laws.

 

 

 

 

 

 

 

 

 

 

Chapter 2

Causes

https://www.unicef.org/eca/Assessment_report21-48.pdf1

According to UNICEF, the causes of the
children being the victim of trafficking are;

Child’s motive for leaving

1.     
Basic needs: Most of these children belong to economic backward family
who becomes the victim of trafficking and exploitation. So the property of the
family lies on fulfilling the basic need of the family at first and other
things come secondary.

2.     
Expectation of employment and income: As mostly the economically
backward people are have more concerns on feeding the members of their family.
So, they would be most likely to be easily influenced.

3.     
Obedience to parents: Children are taught to always obey their parents
as parents can do nothing that will harm their own children. According to Hindu
value system parents are our god, so children trust their parents.

4.     
Escaping physical abuse: From parents, peer groups etc

5.     
Love affair or seeking physical and emotional security: Many young
people may be tricked in love affair or fake marriage.

6.     
Pressure from peer group: In the young age, the young people are more
acquitted with their friends and through their pressure they go to places and
meet different people which may lead them to becoming a victim of trafficking.

7.     
Desire for adventure:

8.     
 Discrimination in school.

9.     
Stigmatization of child previously trafficked or victim of rape, incest,
etc.

 

Motive of parents

1.     
Basic needs.

2.     
Expectations of employment and income.

3.     
Social obligations or debt.

4.     
Discrimination in employment.

5.     
Doubts on usefulness of education: There are those king of parents who
do not think that education is important and they prefere there children to go
to work rather then to school.

6.     
Culture / customs. None (child leaves against parents’ wishes or without
asking them).

Effect

1.     
The children are trafficked

2.     
No proper wages for their labor

3.     
Sexual abuse of the children

4.     
smuggling of organs

5.     
Deprivation form education

 

In context of Nepal

Laws relating to the rights

The Constitution of Nepal 20152

Part-3 Fundamental Rights and Duties

article 1 Right to live with dignity

article 2 right to freedom

article 31right to education

article 24 Right against untouchability and
discrimination

article 29. Right against exploitation: (3)
No one shall be subjected to trafficking nor shall one be held in slavery or servitude.  (4) No one shall be forced to work against
his or her will. (5) Act contrary to clauses (3) and (4) shall be punishable by
law and the victim shall have the right to obtain compensation from the
perpetrator in accordance with law.

article 35. Right relating to health

article 36. Right relating to food:

article 39. Rights of the child: (4) No child
shall be employed to work in any factory, mine or engaged in similar other
hazardous work. (5) No child shall be subjected to child marriage, transported
illegally, abducted/kidnapped or taken in hostage.

(6) No child shall be recruited or used in
army, police or any armed group, or be subjected, in the name of cultural or
religious traditions, to abuse, exclusion or physical, mental, sexual or other
form of exploitation or improper use by any means or in any manner. (8) Every
child shall have the right to juvenile friendly justice. (10)  Any act contrary to in clauses (4), (5), (6)
and (7) shall be punishable by law, and a child who is the victim of such act
shall have the right to obtain compensation from the perpetrator, in accordance
with law (9) The child who is helpless, orphan, with disabilities, conflict
victim, displaced or vulnerable shall have the right to special protection and
facilities from the State.

 

Children’s Act, 2048 (1992)3

(h) “Juvenile Reform Home” means
Juvenile Reform Home established by Government of Nepal under Section 42 or any
Juvenile Reform Home being used for that purpose.

4. Right to maintenance and upbringing, education
and health care.

 

Human Trafficking and Transportation (Control) Act, 2064  4

Definition:  “Child” means a person who has not reached the
age of eighteen years. 

 (e)  
“Exploitation” means an act of keeping human being as a slave
and bonded and this word also includes to remove human organ except otherwise
provided by prevailing law.

4. 
Acts considered as Human Trafficking and Transportation: (1) If anyone
commits any of the following acts, that shall be deemed to have committed human
trafficking: 

(a)  To
sell or purchase a person for any purpose, 

(b)  To
use someone into prostitution, with or without any benefit, 

(c)  To
extract human organ except otherwise determined by law, 

(d)  To
go for in prostitution. 

(2)  If
anyone commits any of the following acts that shall be deemed to have committed
human transportation: 

(a)  To
take a person out of the country for the purpose of buying and selling, 

(b) To take anyone from his /her home, place
of residence or from a person by any means such as enticement, inducement,
misinformation, forgery, tricks, coercion, abduction, hostage, allurement,
influence, threat, abuse of power and by means of inducement, fear, threat or
coercion to the guardian or custodian and keep him/her into ones custody or
take to any place within Nepal or abroad or handover him/her to somebody else for
the purpose of prostitution and exploitation.

 

 

 

In context of India

National commission
for the rights of children:

Section 3 of the act envisages the constitution of a body
known as the national commission for the protection of child rights. Similarly state
commission is constituted under section 17.

Constitution of national and state are given under
section 3 and 17 of the act respectively. The commission consists of:

(a)  
 A chairperson 

(b)  
Six members out of which at least two shall be women appointed by central
or state government.

 

 

Children’s courts:

PREAMBLE:

The state parties to present convention,

Considering that, in accordance with the principles
proclaimed in the charter of united nations, recognition of the inherent
dignity and of the equal and unattainable rights of all members of the human
family is the foundation of justice, freedom and the peace of the world.

 

For the purpose of providing speedy trial of
offences against or of violation of human rights, the state government may,
with the concurrences of chief justice of high court, under section 25, a court
for every state or district, a court of session of children court to avoid
offences.

Convention on the rights of the child, 1989:

The convention on the rights of the child,
drafted by U.N. commission on Human Rights, was adopted by the general assembly
of the united nations on 20th November,1989. The convention is a set
of international standards and measure intended to protect and promote the well
being of children in society.

Rights are as follows:

THE RIGHT TO SURVIVAL

THE RIGHT TO PROTECTION

THE RIGHT TO DEVELOPMENT

THE RIGHT TO PARTICIPATION

Human
Trafficking Laws:

There
are numerous laws, acts, and regulations to stop and punish the crime of human
trafficking. They are as follows:

• The
U.S. Code, Title 22, Chapter 78 – Trafficking Victims Protection
• The Victims of Trafficking and Violence Prevention Act (TVPA)
• The Customs and Facilitations and Trade Enforcement Reauthorization Act of
2009
• The Intelligence Reform and Terrorism Prevention Act of 2004
• The PROTECT Act of 2003
• The Civil Asset Forfeiture Reform Act of 2000 (CAFRA)
• The Mann Act of 1910

These
laws, acts, and regulations are applicable across the country. Each state also
has its own laws to address trafficking, but the enforcement of them can vary
depending on the degree. Many states recognized it as a criminal act.

Punishment:

The
punishment varies from one state to another. The type of trafficking plays a
major role in determination of punishment:


Human trafficking has sentences of between three and eight years. If the person
involved was a minor, a four year minimum sentence is required.


If rape is involved, section 264 states penalties of between three and eight
years in prison is imposed.


If rape in concert is involved, section 246(1) state penalties of between five
to nine years in prison are imposed.


If kidnapping is involved, section 208 demands a minimum sentence of between 3
and 11 years. If the person kidnapped was under the age of 14, a minimum sentence
of five years will be imposed.


If kidnapping to commit sexual crimes is involved, section 209 imposes a life
imprisonment sentence with the possibility of parole.

Analysis  

Nepal
and India have made laws concerning various issues relating to children and
their rights. We can find that both of these countries have considered the
children below the age of 18 in trafficking of children and have criminalized
these kinds of activities it with sanctions which includes life imprisonment
and compensation to victim, and 
re-socializing the victims.  

Being
a human being there are different rights like right to survival, protection,
development, participation, education, life etc which must be protected in
order to secure the essence of the rights which we acquire. So, the problem of
child trafficking violates the human rights of those children which can be
controlled by following various measures.

And
even at the time of crisis like the earthquake of 2015 in Nepal, many families
had underwent huge crisis and trauma whereas many children had been victim to
being trafficked during that time many other countries including India had
helped  to rescue those children.

Recommendation and
Conclusion

Only
with the laws and provisions it is not enough for the problem to completely
wipe off from the society, there must be proper enforcement mechanism. Both
government of these countries should take strong actions, measures and conduct
various types’ investigations, concerning boarder security, awareness programs.

So,
as our research is based on the laws and provisions relating to child
trafficking both of these countries have made laws to control this problem and
according to these laws many cases can be solved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bibliography

https://www.unicef.org/eca/Assessment_report21-48.pdf

http://www.wipo.int/edocs/lexdocs/laws/en/np/np029en.pdf

http://jafbase.fr/docAsie/Nepal/children-act%20%281%29.pdf

https://www.unescogym.org/wp-content/uploads/2017/06/Nepal_Human_Trafficking_and_Transportation_Control_Act_2007.pdf

Laws relating to Women and Children by Mamta
Rao.

 

 

 

                                                                              

 

 

 

 

1 https://www.unicef.org/eca/Assessment_report21-48.pdf

 

2 http://www.wipo.int/edocs/lexdocs/laws/en/np/np029en.pdf

 

3 http://jafbase.fr/docAsie/Nepal/children-act%20%281%29.pdf

 

 

4 https://www.unescogym.org/wp-content/uploads/2017/06/Nepal_Human_Trafficking_and_Transportation_Control_Act_2007.pdf

x

Hi!
I'm Mack!

Would you like to get a custom essay? How about receiving a customized one?

Check it out