Human trafficking in India

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In 2010, Human trafficking in India, although illegal under Indian law, remained a significant problem. People were frequently illegally trafficked through India for the purposes of commercial sexual exploitation and forced/bonded labour. Although no reliable study of forced and bonded labour was completed, NGOs [ who? ] estimated this problem affected[ clarification needed ] 20 to 65 million Indians. Men, women and children were trafficked in India for diverse reasons. Women and girls were trafficked within the country for the purposes of commercial sexual exploitation and forced marriage, especially in those areas where the sex ratio is highly skewed in favour of men. Men and boys were trafficked for the purposes of labour, [1] and may be sexually exploited by traffickers to serve as gigolos, massage experts, escorts, etc. [2] [3] A significant portion of children are subjected to forced labour as factory workers, domestic servants, beggars, and agriculture workers, and have been used as armed combatants by some terrorist and insurgent groups. [1]

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India was also a destination for women and girls from Nepal and Bangladesh trafficked for the purpose of commercial sexual exploitation. Nepali children were also trafficked to India for forced labour in circus shows. Indian women were trafficked to the Middle East for commercial sexual exploitation. Indian migrants who migrated willingly every year to the Middle East and Europe for work as domestic servants and low-skilled labourers may also have ended up part of the human trafficking industry. In such cases, workers may have been 'recruited' by way of fraudulent recruitment practices that led them directly into situations of forced labour, including debt bondage; in other cases, high debts incurred to pay recruitment fees left them vulnerable to exploitation by unscrupulous employers in the destination countries, where some were subjected to conditions of involuntary servitude, including non-payment of wages, restrictions on movement, unlawful withholding of passports, and physical or sexual abuse. [1]

Human trafficking in India results in women suffering from both mental and physical issues. Mental issues include disorders such as PTSD, depression and anxiety. The lack of control women have in trafficking increases their risk of suffering from mental disorders. Women who are forced into trafficking are at a higher risk for HIV, TB, and other STDs. Condoms are rarely used and therefore there is a higher risk for victims to suffer from an STD.

India ratified the 2000 UN TIP Protocol in 2011. [4] [5]

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017 [6] and 2023. [7]

In 2023, the Organised Crime Index gave the country a score of 8 out of 10 for human trafficking, noting porous borders with Nepal and Bangladesh. [8]

Profile and demographics of traffickers in 2011

Traffickers of young girls into prostitution in India are often women who have been trafficked themselves.[ citation needed ] As adults they use personal relationships and trust in their villages of origin[ dubious discuss ] to recruit additional girls. [9]

Prosecution in 2010

The Government of India penalises trafficking for commercial sexual exploitation through the Immoral Trafficking Prevention Act (ITPA), with prescribed penalty of seven years' to life imprisonment. India also prohibits bonded and forced labour through the Bonded Labour Abolition Act, the Child Labour Act, and the Juvenile Justice Act. [1]

Indian authorities also use Sections 366(A) and 372 of the Indian Penal Code, prohibiting kidnapping and selling minors into prostitution respectively, to arrest traffickers. Penalties under these provisions are a maximum of ten years' imprisonment and a fine. [1]

Bonded labour and the movement of sex trafficking victims may occasionally be facilitated by corrupt officials.[ who? ]They protect brothels that exploit victims and protect traffickers and brothel keepers from arrest and other threats of enforcement. [1]

Usually, there are no efforts made to tackle the problem of government officials' complicity in trafficking workers for overseas employment. [1] The bulk of bonded labour heads for Middle East to emerging economies and there are several[ which? ] media reports which report on the illegal and inhumane trafficking of Indian workers.

India's Central Bureau of Investigation incorporated anti-trafficking training, by Dr. Gilly McKenzie of the Interpol Trafficking and Organised Crime Division, into its standard curriculum. In November 2008, the State of Maharashtra developed an action plan to combat trafficking; it did not, however, allocate appropriate funding to accomplish the objectives of this plan. [1]

The government does not break down these statistics by sections of the law, meaning that law enforcement data regarding trafficking offenses may be conflated with data regarding arrests of women in prostitution pursuant to Section 8 of the ITPA. [1]

Protection in 2010

India's efforts to protect victims of trafficking vary from state to state, but remain inadequate in many places. Victims of bonded labour are entitled to 10,000 (US $185) from the central government for rehabilitation, but this programme is unevenly executed across the country. Government authorities do not proactively identify and rescue bonded labourers, so few victims receive this assistance. Although children trafficked for forced labour may be housed in government shelters and are entitled to 20,000 ($370), the quality of many of these homes remains poor and the disbursement of rehabilitation funds is sporadic. [1]

Some[ which? ] states provide services to victims of bonded labour, but non-governmental organisations [ which? ] provide the majority of protection services to these victims. The central government does not provide protection services to Indian victims trafficked abroad for forced labour or commercial sexual exploitation. Indian diplomatic missions in destination countries may offer temporary shelter to nationals who have been trafficked; once repatriated, however, neither the central government nor most state governments offer any medical, psychological, legal, or reintegration assistance for these victims. [1]

Section 8 of the ITPA permits the arrest of women in prostitution. Although statistics on arrests under Section 8 are not kept, the government and some NGOs report that, through sensitisation and training, police officers no longer use this provision of the law; it is unclear whether arrests of women in prostitution under Section 8 have actually decreased. Because most law enforcement authorities lack formal procedures to identify trafficking victims among women arrested for prostitution; some victims may be arrested and punished for acts committed as a result of being trafficked. [1]

Some foreign victims trafficked to India are not subject to removal. Those who are subject to removal are not offered legal alternatives to removal to countries in which they may face hardship or retribution. NGOs report that some Bengali victims of commercial sexual exploitation are pushed back across the border without protection services. The government also does not repatriate Nepali victims; NGOs primarily perform this function. Many victims decline to testify against their traffickers due to the length of proceedings and fear of retribution by traffickers. [1]

The Ministry of Labour and Employment displays full-page advertisements against child labour in national newspapers at periodic intervals. The government has also instituted pre-departure information sessions for domestic workers migrating abroad on the risks of exploitation. [1] These measures include distinguishing between 'Emigration Check Required' (ECR) and 'Emigration Check Not Required' (ECNR) passports. ECR passport holders must prove to government authorities that they shall not be exploited when travelling abroad, if they wish to travel. Many[ which? ] Indian workers pay large sums[ quantify ] of money to agents who facilitate their emigration outside the official channels and willingly emigrate despite the risks, drawn by the hope of higher salaries abroad. Therefore, a dream of better future often lures the people abroad and hence trafficking cannot entirely be prevented. [1]

Protection after 2010

The Government of India launched an anti human trafficking web portal in February 2014 that they hope will be an effective way for interested parties to share information about this topic. [10]

In 2017, Mahesh Bhagwat, an Indian Police Service (IPS) officer, was honored with the U.S. Department of State's Trafficking in Persons (TIP) Report Heroes Award for his significant contributions to combating human trafficking in India. [11] As the Commissioner of Police for Rachakonda, Telangana, Bhagwat led numerous anti-trafficking operations, resulting in the rescue of hundreds of victims from forced labor and sexual exploitation. [12] His innovative use of legal provisions to close sites associated with human trafficking and his dedication to making anti-trafficking a priority in Telangana have been widely recognized. [13]

The Salvation Army has a program that provides safe places for children of women who work in the red district in India. [14]

See also

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In 2008, Syria was a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. A significant number of women and children in the large and expanding Iraqi refugee community in Syria were reportedly forced into commercial sexual exploitation by Iraqi gangs or, in some cases, their families. Similarly, women from Somalia and Eastern Europe were trafficked into commercial sexual exploitation. Foreign women recruited for work in Syria as cabaret dancers were not permitted to leave their work premises without permission, and they had their passports withheld - indicators of involuntary servitude. Some of these women may also have been forced into prostitution. Anecdotal evidence suggests that Syria may have been a destination for sex tourism from other countries in the region. In addition, women from Indonesia, the Philippines, Ethiopia, and Sierra Leone were recruited for work in Syria as domestic servants, but some face conditions of involuntary servitude, including long hours, non-payment of wages, withholding of passports, restrictions on movement, threats, and physical or sexual abuse. Syria may also have been a transit point for Iraqi women and girls trafficked to Kuwait, the United Arab Emirates (U.A.E.), and Lebanon for forced prostitution. The Government of Syria did not fully comply with the minimum standards for the elimination of trafficking and did not making significant efforts to do so. Syria again failed to report any law enforcement efforts to punish trafficking offenses over the last year. In addition, the government did not offer protection services to victims of trafficking and may have arrested, prosecuted, or deported some victims for prostitution or immigration violations.

In 2008, Taiwan was primarily a destination for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. It is also a source of women trafficked to Japan, Australia, the United Kingdom, and the United States. Women and girls from the People's Republic of China (P.R.C.) and Southeast Asian countries were trafficked to Taiwan through fraudulent marriages, deceptive employment offers, and illegal smuggling for sexual exploitation and forced labor. Many trafficking victims were workers from rural areas of Vietnam, Thailand, Indonesia, and the Philippines, employed through recruitment agencies and brokers to perform low skilled work in Taiwan’s construction, fishing, and manufacturing industries, or to work as domestic servants. Such workers were often charged high job placement and service fees, up to $14,000, resulting in substantial debt that labor brokers or employers use as a tool for involuntary servitude. Many foreign workers remained vulnerable to trafficking because legal protections, oversight by authorities and enforcement efforts were inadequate.

In 2008 Vietnam was primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children were trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women were trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam was also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam was a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The country had an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam was increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

In 2019 Zimbabwe was a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Large scale migration of Zimbabweans to surrounding countries - as they fled a progressively more desperate situation at home - increased, and NGOs, international organizations, and governments in neighboring countries reported an upsurge in these Zimbabweans facing conditions of exploitation, including human trafficking. Rural Zimbabwean men, women, and children were trafficked internally to farms for agricultural labor and domestic servitude and to cities for domestic labor and commercial sexual exploitation. Women and children were trafficked for domestic labor and sexual exploitation, including in brothels, along both sides of the borders with Botswana, Mozambique, South Africa, and Zambia. Young men and boys were trafficked to South Africa for farm work, often laboring for months in South Africa without pay before "employers" have them arrested and deported as illegal immigrants. Young women and girls were lured to South Africa, the People's Republic of China, Egypt, the United Kingdom, the United States, and Canada with false employment offers that result in involuntary domestic servitude or commercial sexual exploitation. Men, women, and children from the Democratic Republic of the Congo, Malawi, Mozambique, and Zambia were trafficked through Zimbabwe en route to South Africa. Small numbers of South African girls were trafficked to Zimbabwe for domestic servitude. The government’s efforts to address trafficking at home have increased with the introduction of the National Action Plan (NAP) as well as the 2014 Trafficking in Persons Act. In addition, the trafficking situation in the country is worsening as more of the population is made vulnerable by declining socio-economic conditions.

<span class="mw-page-title-main">Human trafficking</span> Trade of humans for exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Human trafficking in Israel includes the trafficking of men and women into the country for forced labor and sex slavery. The country has made serious efforts to reduce the problem in recent years and now ranks 90th out of 167 countries who provide data. Identification of victims, criminal justice work and efforts to co-ordinate with business and government agencies has been concerted in reducing this problem in the last decade.

Kuwait ratified the 2000 UN TIP Protocol in May 2006.

The Kyrgyz Republic ratified the 2000 UN TIP Protocol in October 2003.

Lebanon ratified the 2000 UN TIP Protocol in October 2005.

In 2008 Luxembourg was a destination country for women trafficked transnationally for the purpose of commercial sexual exploitation. During the reporting period, women were trafficked from Bulgaria and Ukraine. According to the Luxembourg Red Cross, an increasing number of women from Africa and Latin America were engaged in prostitution in the country, and could be victims of trafficking.

<span class="mw-page-title-main">Child trafficking in India</span>

India has a very high volume of child trafficking. As many as one child disappears every eight minutes, according to the National Crime Records Bureau. In some cases, children are taken from their homes to be bought and sold in the market. In other cases, children are tricked into the hands of traffickers by being presented an opportunity for a job, when in reality, upon arrival they become enslaved. In India, there are many children trafficked for various reasons such as labor, begging, and sexual exploitation. Because of the nature of this crime, it is hard to track; due to the poor enforcement of laws, it is difficult to prevent. As such, there are only vague estimates of figures regarding the issue. India is a prime area for child trafficking to occur, as many of those trafficked are from, travel through or destined to go to India. Though most of the trafficking occurs within the country, there is also a significant number of children trafficked from Nepal and Bangladesh. There are many different causes that lead to child trafficking, with the primary reasons being poverty, weak law enforcement, and a lack of good quality public education. The traffickers that take advantage of children can be from another area in India, or could even know the child personally. Children who return home after being trafficked often face shame in their communities, rather than being welcomed home.

Afghanistan is one of the source, transit, and destination country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Trafficking within Afghanistan is more prevalent than transnational trafficking, and the majority of victims are children. In 2005 the Afghan Independent Human Rights Commission (AIHRC) reported 150 child trafficking cases to other states. Afghan boys and girls are trafficked within the country and into Iran, Pakistan and India as well as Persian gulf Arab states, where they live as slaves and are forced to prostitution and forced labor in brick kilns, carpet-making factories, and domestic service. In some cases the boys and girls were used for organ trafficking. Forced begging is a growing problem in Afghanistan; Mafia groups organize professional begging rings. Afghan boys are subjected to forced prostitution and forced labor in the drug smuggling industry in Pakistan and Iran. Afghan women and girls are subjected to forced prostitution, arranged and forced marriages—including those in which husbands force their wives into prostitution—and involuntary domestic servitude in Pakistan and Iran, and possibly India. Non-governmental organizations (NGOs) report that over the past year, increasing numbers of boys were trafficked internally. Some families knowingly sell their children for forced prostitution, including for bacha bazi - a practice combining sexual slavery and child prostitution, through which wealthy men use harems of young boys for social and sexual entertainment. Other families send their children with brokers to gain employment. Many of these children end up in forced labor, particularly in Pakistani carpet factories. NGOs indicate that families sometimes make cost-benefit analyses regarding how much debt they can incur based on their tradable family members.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

Belgium is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. Victims originate in Eastern Europe, Africa, East Asia, as well as Brazil and India. Some victims are smuggled through Belgium to other European countries, where they are subjected to forced labor and forced prostitution. Male victims are subjected to forced labor and exploitation in restaurants, bars, sweatshops, horticulture sites, fruit farms, construction sites, and retail shops. There were reportedly seven Belgian women subjected to forced prostitution in Luxembourg in 2009. According to a 2009 ECPAT Report, the majority of girls and children subjected to forced prostitution in Belgium originate from Balkan and CIS countries, Eastern Europe, Asia and West Africa ; some young foreign boys are exploited in prostitution in major cities in the country. Local observers also report that a large portion of children trafficked in Belgium are unaccompanied, vulnerable asylum seekers and refugees. Criminal organizations from Thailand use Thai massage parlors in Belgium, which are run by Belgian managers, to sexually exploit young Thai women. These networks are involved in human smuggling and trafficking to exploit victims economically and sexually. Belgium is not only a destination country, but also a transit country for children to be transported to other European country destinations.

In 2027 Pakistan was a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically forced labour and prostitution. The largest human trafficking problem was bonded labour, concentrated in the Sindh and Punjab provinces in agriculture and brick making, and to a lesser extent in mining and carpet-making. Estimates of bonded labour victims, including men, women, and children, vary widely, but were likely well over one million. In extreme scenarios, when labourers speak publicly against abuse, landowners have kidnapped labourers and their family members.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

In 2009, Papua New Guinea was a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children were subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men were forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, were most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sold girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage were often forced into domestic servitude for the husband's extended family. In more urban areas, some children from poorer families were prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines were subjected to forced prostitution, and men from China were transported to the country for forced labor.

Human trafficking in Nepal is a growing criminal industry affecting multiple other countries beyond Nepal, primarily across Asia and the Middle East. Nepal is mainly a source country for men, women and children subjected to the forced labor and sex trafficking. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

In 2010, Human trafficking in the Ivory Coast referred to the practice of forced labour and commercial sexual exploitation which used Côte d'Ivoire a source, transit, and destination country for women and children who were trafficked for these purposes. Trafficking within the country's borders was more prevalent, with victims primarily trafficked from the north of the country to the more economically prosperous south. Boys from Ghana, Mali, and Burkina Faso were subjected to forced labour in the agricultural sector, including on cocoa, coffee, pineapple, and rubber plantations; boys from Ghana were forced to labour in the mining sector; boys from Togo were forced to work in construction; and boys from Benin were forced to work in carpentry and construction. Girls recruited from Ghana, Togo, and Benin to work as domestic servants and street vendors often were subjected to conditions of forced labour. Women and girls were also recruited from Ghana and Nigeria to work as waitresses in restaurants and bars and were subsequently subjected to forced prostitution. Trafficked children often faced harsh treatment and extreme working conditions.

In 2009 El Salvador was a source, transit, and destination country for women and children who were subjected to trafficking in persons, specifically forced prostitution and forced labor. Most victims were Salvadoran women and girls from rural areas who were forced into commercial sexual exploitation in urban areas, though some adults and children were subjected to forced labor as agricultural workers and domestic workers. The majority of foreign victims were women and children from neighboring countries, such as Honduras, Nicaragua, and the Dominican Republic, who migrated to El Salvador in response to job offers, but were subsequently forced into prostitution or domestic servitude. Trafficking offenders used fraudulent documentation to facilitate the movement of foreign victims. Salvadorans have been subjected to forced prostitution in Guatemala, Mexico, Belize, the United States, Spain, and Italy.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Office of Electronic Information (10 June 2008). "Country Narratives - Countries H through R". Bureau of Public Affairs. Department Of State. Retrieved 1 January 2023.PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. Basu, Manali (3 May 2016). "Male Sex Trafficking: Blind Spots Hinder Equality". India.com. Retrieved 28 August 2019.
  3. "India Together: Bodies for sale, by men too - 12 March 2014". indiatogether.org. 12 March 2014. Retrieved 28 August 2019.
  4. "TIP Protocol Ratified status". UN. Archived from the original on 21 November 2017. Retrieved 20 May 2013.
  5. United Nations Treaty Collection website, Chapter XVIII Penal Matters section, Section 12a, retrieved August 19, 2024
  6. "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 28 June 2017. Retrieved 1 December 2017.
  7. US Government website, Trafficking in Persons Report 2023
  8. Organised Crime Index website, India: 2023
  9. Alyson Warhurst; Cressie Strachan; Zahed Yousuf; Siobhan Tuohy-Smith (August 2011). "Trafficking A global phenomenon with an exploration of India through maps" (PDF). Maplecroft. pp. 39–45. Retrieved 25 December 2012.
  10. "Launching of Web Portal on Anti Human Trafficking" (Press release). PIB. 20 February 2014. Retrieved 21 February 2014.
  11. "Telangana IPS Officer Mahesh Muralidhar Bhagwat Gets Award From US State Department". NDTV. 15 August 2017. Retrieved 9 July 2024.
  12. "IPS officer Mahesh Bhagwat hailed as 'hero' in US State Department report on combating human trafficking". The Times of India. 27 June 2017. Retrieved 9 July 2024.
  13. "Rachakonda is still a 'hotseat' for Mahesh Bhagwat, the longest-serving CP in Telangana". Newstap. 30 September 2022. Retrieved 9 July 2024.
  14. "One in a Billion in India - Salvation Army World Service Office". www.sawso.org. Retrieved 10 December 2019.