Академический Документы
Профессиональный Документы
Культура Документы
SEMESTER I
PROJECT
FOR
Political Science I
On
Index
1) Internal Migration.. 3 - 11
a.) Introduction 3 - 4
b.) Causes for Internal Migration.. 5
c.) Solutions for Internal Migration. 6 - 8
d.) Migration and Child Labour.. 9 - 11
2) Child Labour 11 - 18
a.) Introduction.. 11 - 12
b.) Causes for Child Labour 12- 14
c.) Solutions for Child Labour 15 - 16
d.) The Child Labour (Prohibition and Regulation) Act, 1986. 16 - 18
3) Trafficking. 19 - 25
a.) Introduction 19 - 20
b.) Reasons for Human Trafficking in India 20 - 21
c.) Reasons for Child Trafficking.. 22
d.) Solutions for Trafficking. 23 - 25
4) Role of Government 25 - 28
5) Conclusion 28 - 29
6) Bibliography 30 -31
Page | 3
Internal Migration
Introduction
Internal migration refers to human migration within one geopolitical entity, usually a
nation. Reasons for internal migration tend to be different from those for cross-border
migration; whereas the latter often occurs primarily for political or economic reasons, reasons
for internal migration prominently include travel for education and for economical, but not
for political, reasons. A general trend of movement from rural to urban areas has also
produced a form of internal migration, leading to rapid urbanization in many countries. The
history of many countries has seen massive internal migration:
The United States saw a massive internal migration from the eastern states toward the
west coast during the mid-19th century, a similar large-scale migration of African
Americans from the agricultural south to the industrialized northeast in the early to mid-
twentieth century, and a large-scale reverse migration of African Americans from other
parts of the country to the urban south beginning in the late 20th century and continuing
to the present.
The United Kingdom has historically seen several migrations from the north of
England to the south, and also from Scotland, Ireland (more recently Northern Ireland)
and Wales to England. This was most prevalent during the industrial revolution, and also
in the aftermath of the Irish potato famine.
In New Zealand, the drift to the north has seen the South Island gradually lose
population to the main urban area, Auckland, in the country's far north.1
India has been characterized by some as a relatively immobile society. Yet, even by
conservative estimates, three out of every ten Indians are internal migrants. There are many
more who are uncounted and invisible. In recent years, several changes in India are likely to
have impacted on the pattern and pace of migration. The pattern of growth in the last two
decades has steadily widened the gap between agriculture and non-agriculture and between
rural and urban areas, and it has steadily concentrated in a few areas and a few states. The
growing spatial inequalities in economic opportunities must have necessarily also impacted
on the pace and pattern of migration. Migration has historically played a role in reducing the
gap in living standards between sectors and areas and in fuelling growth in the more dynamic
sectors. The crucial question is whether, and to what extent, migration has been able to play
this role in the Indian context. 2
Millions of footloose and impoverished men, women and children in India, migrate from the
countryside each year to cities in crowded trains, buses, trucks and sometimes on foot
their modest belongings bundled over their heads, in search of the opportunities and means to
survive. Some arrive alone; some are accompanied by family or friends. Some stay for a
season, some several years, some permanently. Many tend to drift quickly to low-end, low
paid, vulnerable occupations picking waste, pulling rickshaws, constructing buildings and
roads, or working in peoples homes. They service a city which does not welcome them.
Forever treated as intruders and somehow illegitimate citizens, they live in under-served
makeshift shanties, under plastic sheets, or on streets and in night shelters. Police and
municipal authorities notoriously harass and drive them away. Laws protect them in theory,
but rarely in practice. Their wage rates tend to be exploitative, illegal and uncertain, works
hours long, and conditions of employment unhealthy and unsafe. They are often unable to
easily access even elementary citizenship rights in the city, like the right to vote, a ration
card, supplementary feeding for their children, and school admissions. Their numbers are
substantial; their economic contributions enormous; yet internal migrants tend to remain in
the periphery of public policy. In all censuses, rural to rural migration stream has been the
most important. Females constitute a significantly higher proportion of rural ward migrants
mainly on account of marriage. As regards long distance (inter-state) movement in India, a
clear sex differential is found from census 2001. Among the male interstate migrants, rural to
urban stream emerged as the most prominent accounting for 47 percent. On the other hand,
rural to rural has remained the major pattern of female movement, with 36 percent of them
migrating from rural to rural areas.3
98 million persons moved during the decade 1991-2001. Out of this, 33 million are males and
65 million are females. Of the total intercensal migrants, 83 percent were intrastate migrants
and 17 percent were interstate migrants. However, among the males, 74 percent migrated
within the state of enumeration while 26 percent moved between states. A corresponding
percentage of females were recorded as interstate migrants. This indicates that mobility of
Indian population has significantly increased during the 1990s. In census 2001, the reasons
for migration have been classified into seven broad groups work/employment, business,
education, marriage, moved at birth, moved with family and others. It is observed that
employment among males and marriage among females are the main reasons for migration.
Associational reasons movement on account of accompanying parents or any other member
of the family is elicited second most important reason among both male and female
intercensal migrants. Around 44 percent of the total intercensal migrants have moved due to
marriages. However, it is predominantly led by females as 65 percent of females have
migrated owing to their marriages compared to 2 percent among males. Among male
migrants, employment has continued to be the main reason for migration with nearly 40
percent of them accounted by it. When interstate migration is taken into account, employment
emerges as the main reason for migration. Nearly 32 percent of all interstate migrants during
the intercensal period migrated for the reason of work or employment. This is closely
followed by moved with household reason accounting for around 30 percent of the
intercensal interstate migrants. However, there is a clear difference between different streams
of migration. While nearly 79 percent of females in intrastate rural to rural migrants during
the intercensal period reported marriage as the reason for migration, it is only 37 percent
3 Harsh Mander & Gayatri Sahgal, Internal Migration in India: Distress and
Opportunities, 1, 1-2.
among females in the case of urban to urban interstate migrants. Moved with household as a
reason also emerges as an important cause for both male and female migration in all streams
of migration during the intercensal period.
State Responses:
The inflows of migrants from rural areas and small towns into big cities has contributed to
urban congestion and housing shortages in cities across India. Mumbai, Delhi, and Kolkata in
particular are all known for the proliferation of slums and pavement dwellings, and generally
intense housing pressures. In addition, city residents often perceive that migrants increase the
competition for jobs and compete for basic amenities and city services such as water and
sanitation.
One of the policy conclusions that national policymakers have drawn from these outcomes is
that the state should undertake efforts to prevent internal migration, through schemes such as
rural employment programs. Such policy positions have persisted despite building evidence
that migration can have positive outcomes for the poor. For example, remittances from
migration are applied to health care or to repay debt. Despite increasing research along these
lines, urban development projects often seek to keep migrants out, local authorities continue
to treat migration as a problem, and migrants are often harassed by the police because they
are considered to be closer to illegal residents rather than legal migrants. Migrants are
particularly susceptible to police harassmentincluding violence and exhortation for bribes
because of their precarious position in the receiving society. Their basic needs, such as their
access to housing, can depend on the cooperation of local police.
5 Rameez Abbas & Divya Varma, Internal Labor Migration in India raises
Integration Challenges for Migrants, MIGRATION POLICY INSTITUTE (March 3,
2014) http://www.migrationpolicy.org/article/internal-labor-migration-india-raises-
integration-challenges-migrants.
Page | 7
Civil-Society Interventions:
In a scenario where the responses from the state and market have not contributed much to the
welfare of migrant workers, civil-society organizations have been able to come up with
solutions that have helped enhance returns from migration. While historically NGOs have
sided with the anti-migration sentiment, recent thinking and innovations in migration practice
have helped transform work opportunities for migrants into more stable livelihood options.
NGOs in high out-migration areas have designed and implemented initiatives such as
seasonal hostels and residential-care centres to enable inclusion of children from migrant
families in schools at both source and destination. Some noteworthy examples are
Lokadrushti in western Odisha for children of brick-making workers, SETU in Gujarat for
children of migrants working in salt pans, and Janarth in Maharashtra for children of sugar
cane cutters.
Around the world an estimated 200 million boys and girls are engaged in child labour as
defined in ILO Convention No. 138 and the UN Convention on the Rights for Child.
Migration can be an important determinant for child labour. The recently adopted a strategy
for Achieving the Elimination of the Worst Forms of Child Labour recognizes the need to
address child vulnerabilities related to migration. Article 5 of it states: Governments should
consider ways to address the vulnerability of children to, in particular the worst forms of
child labour, in the context of migratory flows. Globally, many child migrants move with
their families. While migration serves as a common survival strategy for households in many
parts of the world, and can provide their families and children with new opportunities, it can
too make them more vulnerable. However, migration in itself doesnt means that children will
necessarily end up in child labour.
Seasonal migration:
In seasonal migrants children often migrate with their parents, and they are particularly
vulnerable to child labour. Children come along with their parents and work. Floods and
droughts and lack of work in rural areas of, for instance, in India forced entire families to
migrate for several months every year in search of work. Broad estimates put the number of
children involved in this migration in India alone at 4 to 6 million. For many migrant families
working in agriculture, the output produced by children is essential for earning a living wage
of a family. Children are usually not employed directly on the estates, but works rather to
meet quotas as part of a tenant family. In the absence of (quality) educational facilities at
migrated place, or transfer certificates when schooling opportunities do exist, it is extremely
difficult for seasonal migrant children to rejoin the formal education system. This potentially
jeopardizes human capital formation and increases the risk of child labour.
6 Hans van de Glind, Migration and Child Labour, IPEC, Sep 2010, 1, 1-2 4 7-9 14-
16.
P a g e | 10
Access to education:
It is crucial that migrated children have access to education irrespective of their legal status.
Without such access, they are likely to spend time on the street while their parents work, and
are at high risk of child labour. Despite the policy level recognition of importance of
providing education to migrant children, challenges do remain in its implementation in terms
of access, costs, quality of education and resistance in reforming areas of destination. Where
migration is seasonal, there is a high risk of children joining the labour force prematurely.
Irregular migration across national borders also increases the risk of child labour, though risk
levels vary depending upon the services and protection offered at migrated place. The level of
access to quality education of migrant children is another important factor that influences the
risk of child labour.
Independent child migration may also be part of a familys survival strategy as the
migration of a child decreases the dependency ratio in the household, even when the child
does not earn enough to save (because there is a decrease in household consumption
demand). In addition, some children are able to save and send remittances, sometimes
contributing to the education of their siblings.
Education is another motive for children to migrate. Through migration, many children hope
to increase their human capital by obtaining schooling and skills development. However,
because independent children must fend for themselves, many children end up working in
addition to, or instead of, going to school. 43 The likelihood that child migrants will enroll in
school depends also on the characteristics of their destination.
Migration is also linked to history and culture. Several studies have pointed to the fact that
child migration is highest in areas of traditional adult out-migration. In these areas, migration
may be seen, by both children and parents, as a learning experience and part of the transition
to adulthood. It may provide children with opportunities to develop their independence and
autonomy to learn about life in the city, and for adventure.
In further developing effective migration and child labour policies it is crucial to maintain
conceptual clarity: Voluntary migration of children with or without parents should be
distinguished from trafficking in children, even though the former may at times result in the
latter. While efforts to stop child trafficking are crucial and should include a law enforcement
component, broader migration and childrens rights policies should recognize that it is
legitimate for children of working age to seek employment opportunities. Currently,
migration laws in most countries do not incorporate a childrens rights perspective, and even
policies to protect the rights of children have, in many countries, not yet taken into account
the specific conditions and needs of migrant children. Therefore, laws and policies in the
fields of migration, childrens rights and child labour should pay specific attention to both
internal and international child migrants. Other measures to improve protection in the
workplace include expanding migrant workers ability - including that of youth migrants - to
form self-help and place name associations. Accessing, joining or associating with trade
unions, is another important tool in ensuring protection and guaranteeing labour rights of
workers, including the labour rights of migrant workers.
Child Labour
Introduction
P a g e | 12
Child labour refers to the employment of children in any work that deprives children of their
childhood, interferes with their ability to attend regular school, and that is mentally,
physically, socially or morally dangerous and harmful. This practice is considered
exploitative by many international organizations. Legislations across the world prohibit child
labour. Child labour was employed to varying extents through most of history. In developing
countries, with high poverty and poor schooling opportunities, child labour is still prevalent.
Worldwide agriculture is the largest employer of child labour. The incidence of child labour
in the world decreased from 25% to 10% between 1960 and 2003, according to the World
Bank.7
This practice deprives children of their childhood, and is harmful to their physical and mental
development. Poverty, lack of good schools and growth of informal economy are considered
as the important causes of child labour in India. India is sadly the home to the largest number
of child labourers in the world. The problem of child labour continues to pose a challenge
before the nation. Government has been taking various pro-active measures to tackle this
problem. However, considering the magnitude and extent of the problem and that it is
essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires
concerted efforts from all sections of the society to make a dent in the problem.8
Article 24 of India's constitution prohibits child labour. Additionally, various laws and the
Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000,
and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify,
prosecute and stop child labour in India.9
Poverty and lack of social security are the main causes of child labour. The increasing gap
between the rich and the poor, privatization of basic services and the neo-liberal economic
policies are causes major sections of the population out of employment and without basic
needs. This adversely affects children more than any other group. Entry of multi-national
corporations into industry without proper mechanisms to hold them accountable has led to the
use of child labour. Lack of quality universal education has also contributed to children
dropping out of school and entering the labour force. 10
1. Poverty: 11
The most important cause of child labour is widespread poverty. Poverty forces the
parents to send their children to seek employment. Children work not because their
parents are wicked or employers are wicked, but because their income is essential for
the survival of the family. The problem of child labour is interrelated to the problem
of living wages of adult-worker. The parents force their children to take up
employment because their own earning power is low. The employer also takes the
benefit of this weakness by providing work to the children on low wages in spite of
the various protective laws.
2. Large Family:12
10 Supra note 8.
12 Id. at 317.
P a g e | 14
Large families with comparatively less income cannot give shelter their children. In
order to compensate the daily income, children are sent to work instead of schools and
are made to work for their livelihood. For them, an extra child means extra income.
But they forget that one qualified and intelligent son is better than a hundred illiterate
foolish sons.
A major concern is that the actual number of child labourers goes undetected. Laws that are
meant to protect children from hazardous labour are ineffective and not implemented
correctly. According to a 2008 study by ILO, among the most important factors driving
children to harmful labour is the lack of availability and quality of schooling. Many
communities, particularly rural areas do not possess adequate school facilities. Even when
schools are sometimes available, they are too far away, difficult to reach, unaffordable or the
quality of education is so poor that parents wonder if going to school is really worthwhile. In
government-run primary schools, even when children show up, government-paid teachers do
not show up 25% of the time.15
13 Id. at 318.
14 Id. at 318.
But things are slowly changing as the government is trying to improve the quality of schools
as well as making their program more practical and relevant to childrens lives. Another
problem remains: parents arent making enough of a living to sustain their family. Thats
plain and simple poverty causing and fueling child labor in India. Be it in manufacturing or in
agriculture, people are systematically under-paid. 16
17 Ending Child Labour, THE STATE OF THE WORLDS CHILDREN, UNICEF (1997),
http://www.unicef.org/sowc97/report/ending.htm & Solutions of Child Labour,
CHILD LABOUR (2011), https://sites.google.com/site/childlabour2011/location.
P a g e | 16
Like so many of the worlds wicked problems, addressing child labor requires a
concerted effort by multiple stakeholders acting together. Work to promote awareness
of child labor among citizens and consumers in developed countries, and among
families and communities in developing countries where children are at risk, has
proven to be an important part of the solution. Raising public awareness also requires
compelling photo and video documentation.
19 Ending Child Labour, THE STATE OF THE WORLDS CHILDREN, UNICEF (1997),
http://www.unicef.org/sowc97/report/ending.htm
The Act aims to prohibit the entry of children into hazardous occupations and to
regulate the services of children in non-hazardous occupations. The Act, in particular,
bans the employment of children, i.e. those who have not completed their 14 year, in
specified occupations and processes.
Lays down a procedure to make additions to the schedule of banned occupations or
processes.
Regulates the working conditions of children in occupations where they are not
prohibited from working.
Lays down penalties for employment of children in violations of the provisions of this
Act, and other Acts which forbid the employment of children.
Brings uniformity in the definition of the child in related laws.
The Act is divided into IV parts and contains 26 Sections with one schedule. The long title
prescribes the reasons for passing this legislation. The reason maybe of two types, i.e. (i)
prohibit the engagement of children in certain employment, and (ii) regulate the conditions of
work of children in certain other establishments.
This part deals with the regulation of condition of work of children. This Part prescribes
the norms for working hours and period of work, weekly holidays, guidelines to deals the
disputes as to age, imposed legal responsibility to maintain the register on the occupier
and health and safety of the working children.
(1) Whoever employs any child or permits any child to work in contravention of the
provisions of section 3 shall be punishable with imprisonment for a term which shall not
be less than three months but which may extend to one year or with fine which shall not
be less than ten thousand rupees but which may extend to twenty thousand rupees or with
both.
(2) Whoever, having been convicted of an offence under section 3, commits a like
offence afterwards, he shall be punishable with imprisonment for a term which shall not
be less than six months but which may extend to two years.
(3) Whoever:
(b) fails to maintain a register as required by section 11 or makes any false entry in any
such register; or
P a g e | 19
(c) fails to display a notice containing an abstract of section 3 and this section as required
by section 12; or
(d) fails to comply with or contravenes any other provisions of this Act or the rules made
thereunder.
shall be punishable with simple imprisonment, which may extend to one month or with
fine, which may extend to ten thousand rupees or with both.
Trafficking
Introduction
Human trafficking is the trade of humans, most commonly for the purpose of sexual
slavery, forced labor or commercial sexual exploitation for the trafficker or others. Human
trafficking can occur within a country or trans-nationally. Human trafficking is a crime
against the person because of the violation of the victim's rights of movement through
coercion and because of their commercial exploitation. Human trafficking is the trade in
people, and does not necessarily involve the movement of the person from one place to
another. 22
Human trafficking outside India, although illegal under Indian law, remains a significant
problem. People are 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 has been completed, NGOs estimate this problem affects 20 to 65
million Indians. Women and girls are 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. 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. 23
Child Trafficking is also another form of trafficking in this area. Child trafficking, according
to UNICEF is defined as any person under 18 who is recruited, transported, transferred,
harboured or received for the purpose of exploitation, either within or outside a country.
There have been many cases where children just disappear overnight, as many as one every
eight minutes. Children are taken from their homes to be bought and sold in the market.
In India, there is a large number of children trafficked for various reasons such as labour,
begging, and sexual exploitation. Because of the nature of this crime; it is hard to track;
therefore making it impossible to have exact figures regarding this 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.24
Anti-slavery activists say thousands of children are going missing from some of Indias
remote tribal areas as human traffickers respond to a surge in demand for domestic child
labour in booming urban districts. Between 2011 and 2013, more than 10,500 children were
registered as missing from the central state of Chhattisgarh, one of Indias poorest states. The
majority are believed to have been trafficked out of the state and into domestic work or other
forms of child labour in cities. The missing children in Chhattisgarh represent a small
percentage of the estimated 135,000 children believed to be trafficked in India every year. Yet
the rate at which they are going missing from remote villages in the south of the state is
causing alarm.25
Forced Marriage26:
Girls and women are trafficked not only for prostitution but also bought and sold like
commodity in many regions of India where female ratio is less as compared to make due to
female infanticide. These are then forced to marry. A forced marriage qualifies as a form of
human trafficking in certain situations. If a woman is sent abroad, forced into the marriage
and then repeatedly compelled to engage in sexual conduct with her new husband, then her
experience is that of sex trafficking. If the bride is treated as a domestic servant by her new
husband and/or his family, then this is a form of labor trafficking.
Bonded Labour27:
Though debt labour is not known much but it is illegal in India and prevalent in our society.
According to the ILO there are more than 11.7 million people working as a forced labour in
Asia-Pacific region. People running out of cash generally sell their kids as debt labour in
exchange for cash. Both boys and girls are sold for this purpose and generally not paid for
years. Indias role in the global economy has a comparative advantage in the availability of
25 Sutirtha Sahariah, Child Trafficking in India: It was only after a few years I
realised I had been sold, THE GUARDIAN (April 28, 2015, 7:00 AM),
http://www.theguardian.com/global-development/2015/apr/28/child-trafficking-
india-domestic-labour-chhattisgarh.
cheap labour, which drives down wages increases the demand for child labour, the
exploitation of workers in debt-bondage situations, and various forms of forced labour. The
low wages in standard employment situations make the promises of higher paying jobs
especially attractive, so traffickers, especially those in the commercial sex industry, take
advantage of this and use the lure of more lucrative opportunities to trick women into the
profession.
Sex Trafficking28:
Sex trafficking affects 4.5 million people worldwide. Most victims find themselves in
coercive or abusive situations from which escape is both difficult and dangerous. Trafficking
for sexual exploitation was formerly thought of as the organized movement of people, usually
women, between countries and within countries for sex work with the use of physical
coercion, deception and bondage through forced debt.
Sexual trafficking includes coercing a migrant into a sexual act as a condition of allowing or
arranging the migration. Sexual trafficking uses physical or sexual coercion, deception, abuse
of power and bondage incurred through forced debt. Trafficked women and children, for
instance, are often promised work in the domestic or service industry, but instead are
sometimes taken to brothels where they are required to undertake sex work, while their
passports and other identification papers confiscated. They may be beaten or locked up and
promised their freedom only after earning through prostitution their purchase price, as
well as their travel and visa costs.
Labour:
Legally, children in India are allowed to do light work, but they are often trafficked
for bonded labour, and domestic work, and are worked far beyond what is allowed in the
country. They are often forced to work, in the use of contraptions that bound them to be
unable to escape and then forced to submit to control. Others may be bound by abuse whether
physical, emotional, or sexual. Those forced into labour lose all freedom, being thrown into
the workforce, essentially becoming slaves, and losing their childhood.
Illegal Activities:
Children, over adults are often chosen to be trafficked for illegal activities such
as begging and organ trade, as they are seen as more vulnerable. Not only are these children
being forced to beg for money, but a significant number of those on the streets have had limbs
forcibly amputated, or even acid poured into their eyes to blind them by gang masters. Those
who are injured tend to make more money, which is why they are often abused in this
way. Organ trade is also common, when traffickers trick or force children to give up an organ.
Sexual Exploitation:
Sexual exploitation is an issue that is faced among many developing countries and is defined
as the sexual abuse of children and youth through the exchange of sex or sexual acts for
drugs, food, shelter, protection, other basics of life, and/or money. Often young girls are
taken from their homes and sold as items to become sex slaves and even forced into
prostitution. This may seem bad enough, but sexual exploitation is not always forced. Out of
desperation, some parents will even sell their kids off to be sexually abused, in order to be
able to acquire the basic necessities of life. As the parents are likely to have been sexually
abused as children, generations to come are forced to live in this seemingly never-ending
cycle of selling their children into sexual exploitation and abuse.
India's efforts to protect victims of trafficking vary from state to state, but remain inadequate
in many places. Victims of bonded labor are entitled to 10,000 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
P a g e | 24
shelters and are entitled to 20,000, the quality of many of these homes remains poor and the
disbursement of rehabilitation funds is sporadic.
1. Prevention:30
Prevention is a crucial component to monitor human trafficking globally. Prevention
efforts have been concentrated largely on the supply side of trafficking by addressing
the vulnerabilities of communities. In more recent times, efforts extend beyond
raising awareness campaigns to strengthening labor law enforcement and
strengthening partnerships between governments, law enforcement, and non-
governmental organizations. In many cases, prevention strategies have failed to
integrate into policies due to lack of evidence-based research, planning and impact
evaluations.
2. Protection:31
Immediate protection for potential or identified victims of trafficking must be
provided in order to keep them safe. Protection also takes into account the immediate
needs of the victims, from psychological help and legal assistance to basic necessities
such as food and clothing. Bilateral cooperation has often been strong in returning
victims across borders and the service of quality has been improving over the years.
However, as many victims are not identified, they also remain unprotected. In the end,
victim protection and assistance are left to the discretion of the state.
3. Prosecution:32
Prosecution is a necessary element for governments to eradicate human trafficking.
Although the UN Trafficking Protocol consists of a mandatory provision to
criminalize traffickers, the crime remains largely under-prosecuted and unpunished.
Prosecution-related activities include implementation of specific anti-trafficking laws,
provision of training of police officers, lawyers, and judges to effectively respond to
31 Id. at 23.
32 Ibid.
P a g e | 25
Role Of NGOs33: NGOs have played important roles in the achievement of successful policy
and implementation of programs run by the Government to combat trafficking of children
and women into all intolerable forms of business. They have taken the lead and supported
initiatives, and their constant demands have motivated and drawn state and public attention to
children and women issues of all kinds. Despite their limited resources, funding, training, and
access to information, most NGOs studied take the lead in combating trafficking in their
respective countries. Their anti-trafficking activities, objectives, and orientation are linked to
the social and cultural background of their respective countries and regions, and reflect local
patterns of trafficking.
34 Ibid.
Role of Government
The Government of India penalises trafficking for commercial sexual exploitation through the
Immoral Trafficking Prevention Act (ITPA). Prescribed penalty under the ITPA ranging
from seven years' to life imprisonment are sufficiently stringent and commensurate with
those for other grave crimes. India also prohibits bonded and forced labour through the
Bonded Labour Abolition Act, the Child Labour Act, and the Juvenile Justice Act.
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. Bonded labour
and the movement of sex trafficking victims, may occasionally be facilitated by corrupt
officials. They protect brothels that exploit victims, and protect trafficker and brothel keepers
from arrest and other threats of enforcement.36
Although there is an Immoral Traffic Prevention Act in place to aide in the immorality of
human trafficking, "it only refers to trafficking for prostitution hence does not provide
comprehensive protection for children. Nor does the Act provide clear definition of
"'trafficking. Also, India has failed to uphold The Palemo Protocol, which provides
protection to children against trafficking. It is estimated that 200,000 persons are trafficked in
India every year. Only 10% of human trafficking in India is international, while almost 90%
is interstate. Nearly 40,000 children are abducted every year of which 11000 remain untraced
according to a report by the National Human Rights Commission of India.37
1. Existing Framework:
The Constitution of India, the fundamental law of the land, forbids trafficking in
persons. Article 23 of the Constitution specifically prohibits traffic in human beings
and begar and other similar forms of forced labour. Article 24 further prohibits
employment of children below 14 years of age in factories, mines or other hazardous
employment, Article 21 pertaining to protection of life and personal liberty and
Article 22 concerning protection from arrest and detention except under certain
conditions. The Directive Principles of State Policy articulated in the Constitution are
also significant, particularly Article 39 which categorically states that men and
women should have the right to an adequate means of livelihood and equal pay for
equal work; that men, women and children should not be forced by economic
necessity to enter unsuitable avocations; and that children and youth should be
protected against exploitation.38
The Indian Penal Code, 1860 contains more than 20 provisions that are relevant to
trafficking and impose criminal penalties for offences like kidnapping, abduction,
buying or selling a person for slavery/labour, buying or selling a minor for
prostitution, importing/procuring a minor girl, rape, etc. The Immoral Traffic
(Prevention) Act, 1956 (ITPA), initially enacted as the Suppression of Immoral
Traffic in Women and Girls Act, 1956, is the main legislative tool for preventing and
combating trafficking in human beings in India. The Act criminalizes the procurers,
traffickers and profiteers of the trade but in no way does it define trafficking per se
in human beings.39
39 Id. at 6.
P a g e | 28
trafficking. It also reviewed the existent laws at the national, regional and
international level.
Conclusion
From the research done over topic Internal Migration, Child Labour and Trafficking,
various conclusions can be drawn. As what all factors are responsible for migration of
families, individuals and children. Than how does the state response towards migration, civil
society interventions, what role society play in helping them, role of education etc. Then a
clear linkage between Child Labour and Migration had been shown of how migration is
responsible somewhere for Child Labour. Than general policies which act as a solution was
discussed. Ultimately, Migration is one of the factors responsible for Child Labour.
Child Labour is one of the most concerning topic of todays world. It has various reasons
associated with it like Poverty, lack of education, improper provisions for child protection,
family migration etc. Raising public awareness, educating child, improvising law for
betterment of children are some of the possible reasons for curbing this problem. Also Child
Labour (Prohibition and Regulation) Act, 1986 is one of the most important steps taken by
Govt. of India.
Trafficking is trading of humans for different purposes. This is also one of the major
problems that is going on all over the world. Many people are trafficked every year among
which women and children are most prone. Mostly are trafficked for sexual slavery and
bonded labour. Various provisions are there to fight this thing. Some are like role of NGOs
who play a vital role in this situation than international norms and standards prescribed for
this. Also work of Govt. in this situation is important. There are Articles which protect the
rights of people; there are Acts which regulates the prohibition of such things. Role of
different ministries and NGOs are most effective. Thus it can be concluded that moreover we
need to maintain the laws and regulations for betterment of society and also raise awareness
for the same.
P a g e | 31
Bibliography
Books
1. Law relating to Women and Children, Mamta Rao.
2. Labour and Industrial Laws, PK Padhi.
Articles
1. Internal Migration in India: An overview of its Features, Ravi Shrivastava.
2. Internal Migration and Regional Disparities in India.
3. Internal Labour Migration in India raises Integration Challenges for
Migrants, Rameez Abbas and Divya Varma.
4. Ending Child Labour, Bama Athreya.
5. Child Trafficking in India: It was only after a few years I realised I had been
sold, Sutirtha Saharia.
6. Human Trafficking in India must end, Ramandeep Kaur.
7. Role of Non-Governmental Organizations in Confronting Trafficking In India,
Apeksha Kumari.
8. Integrated Plan of Action to Prevent and Combat Human Trafficking with
Special Focus on Children and Women.
Research Papers
1. Internal Migration in India: Distress and Opportunities, Harsh Mander
and Gayatri Sehgal.
2. Migration and Child Labour, Hans van de Glind.
3. Ending Child Labour, UNICEF.
4. Human Trafficking and the Role of Local Governments, Madevi Sun-
Suon.
Internet
1. Internal Migration, https://en.wikipedia.org/w/index.php?
title=Internal_migration&oldid=689168815.
2. Child Labour, https://en.wikipedia.org/wiki/Child_labour.
3. About Child Labour, http://labour.gov.in/content/division/child-labour.php.
4. Child Labor in India: A poverty of Schools?, http://www.poverties.org/child-
labor-in-india.html.
5. Solutions of Child Labour,
https://sites.google.com/site/childlabour2011/location.
6. Human Traffficking, https://en.wikipedia.org/wiki/Human_trafficking.
P a g e | 32