Abstract:Every human being are born with basic right whichinclude right to life with dignity, education. Every state has its ownguarantee right but unfortunately people in some part of remote and ruralareas of our country are deprivefrom these rights. There is increment ofchild abuse and human trafficking. Trafficking is a most inhumane and notacceptable crime which are growing rapidly in our society. Many child are beingabused which is against law and considered as lawful act is a kind of humanrights violation and these violation are increasing slowly. Many children arebeing kidnapped and abducted for many purspose.
They are taken hostage anddeprive from their without any protection under threat they are threated illwhich is not acceptable. They are taken for one ultimate thing that is fororgan transplantation or sex worker or to sell them in construction site.Direct exploitation of human right is observed where child are exploited thoughthe fact they are guaranteed they arenot available with these rights. BackgroundIn today’s eraevery person right are been protected and safeguard by law of country.
Everyhuman being has been guarantee to live their life with dignity, education, foodand shelter but in some part of our countries where people cannot exercisetheir right and especially women. Here women and child are being ill treatedand they are being abused for different perspectives like dowry they are being soldby their own partner, and some time as where they work as maid.. Mostly womenand child are being trafficked and sold and they are living their life forother benefit. In today’s date there is increment in trafficking and abuse. RationalThe main purposeof the study and research is to know more precisely about what is traffickingand what are thereason behind these illegal work that which are voilating women right. Research questionWhat are the mainreason behind trafficking?And what necessarystep should be taken to stop it? MethodologyIn this researchwe have been using priamry source as well as secobdary source that is internet LimitationStuding cases oftraffacking of women inIndia Laws of India andNepal ObjectivesThe main objectiveof this research are:To know the statusof women in societyTo know whetherwomen are being able to exercise their right or not?What are reasonbehind voilation of women and traffacking?? IntroductionTrafficking meansabduction of a child for the ultimate motive for exploitation. Underinternational law child trafficking is a crime involving the movement ofchildren for their purpose of exploitation.
Trafficking implies that someonehas organized the movement of a child with immediate aim of child’s exploitation.A child is a person below 18 years and don not have proper knowledge to take arational decision. Trafficking implies that someone has organizedthe movement of child with the immediate or ultimate aim of child exploitation.This process can involve the transcation between two parties where receiving ofpayement or benefit to agree to child for selling to exploit. Trafficking aperson is a serious crime and a grave violation of human right. Every year,thousand of children, men, women are being fallen into the hand of traffickersin their own countries and abroad.
They are being forces to do activitiesagainst their will and for many hours they are being forced to work as labour. According toresearch for example annually approximately 12,000 children are trafficked toIndia, mainly for the purpose of sexual exploitation(ILO/CWIN, 2001). Accordingto Research annually approximately 11,000-13000 girls and women are working inthe night entertainment industry.
About 300,000Nepalese girls and women are already working in Indian brothels of dozen ofcities. More than t10,000 Nepali girl are being trafficked and are being forceto work as worker or slave and are being mentally and physically abused. 90% oftotal girls between 9-14 years old being trafficked. The girls and women aremainly tricked by their own relative such as husband, brother, uncle sometimetoo. Some time due their own poor economic condition they are send to work andin the name of work they are sold to brothels and being abused.According toNational Human Right Commission report, the estimated number of peopletrafficked or attempt to trafficked in 2012/13 and 29000 (NHR014). The UNDOCsuggest that is Nepal during 2007-2009 out ofdetected victims of trafficking, 36% were children 33% were girls and 3%boys. 1 these daysNepal is sufferingfrom child trafficking.
These are being one of the serious problem in Nepal aswell as India. From rural areas, illetrate girls who are suffering fromproverty ar brought to cities by brokers by saying to provide ggod job. Theyare sold especially in various part of cities to India and forced to becomeprostitute in brothel. Similarly some brokers bring girls from rural areas andvillage and sell them in factories and circus.
Girls trafficking is one of thedozens of social crimes . It si major social crime not only in Nepal but alsoin whole south asia countries. Trafficking has been rapidly increased in ruraland remote area generally in mountain region of Nepal where lots of are uneducated and poor. The girls aretransport to gulf countries and especially in India because of open boarder andlack of security checking in India Nepal boarder. So the majority of child andgirls are being sold to is India.
Thousand of girls are women are beingprostitute every year in the hope of good job and comfortable life. This socialevil stigmatized our dignity and invite social disaster and crime. Traffickedgirls after certain time of prostitute they get HIV/AIDS and are empty handed.These only does not resemble their poor life but also the inhumanity nature ofthe society. They are being a part of hatrated in everyone eye even when theyreturn the society lives in such a nasty thinking that they are not allowed andwelcome to their lifes and hated for noreason. Human traffickingis a punishable crime under the eye of law. It is so because humgan are not thepart of commodities that are being used or can be boughed. The act is againsthuman law and human right thata they are supposed to exercise but morethan thatthey are being part of inhumanity and beyond the natural law.
Things that arerelated and can be said that why human trafficking is consider as punishableoffence1> Itundermines the human right and women right: Trafficking orbuying and selling of women undermine the human right of child and women. Humanneed to have certain level of dignity that they need to live by. Everycountries have their own kind of human right and is the basic right foreveryone. Therefore trying to underminesuch right by involving in traffickingis not a good purpose. 2> Right tolive a dignified life as basic right to human :When it comes tobasic right then every person has right to live a dignified life. But here inour society when that is not their willing job when they get out from thoseterrific world they are not being abl to cope with the people they are notaccept by the society and the things that they got to know and listen isagainst the humanity nature of everyone. Every people has the right to live adignified life whisch is coted and are preserved but then also it doesnotimplement.
Though it is awomen child or anybody everyone should get a chance to live a dignified life.3> Anually manywomen are died by the catch of deadly diseases of trafficking : Trafficking hascreated a serious problem in our society. The trafficked girls who are forcedto work with as many as client they is obviously a situation of catching ofdangerous disease. Many of them are forced to work and when they denied theyare being tourtured very harshly sometime it lead thm to the mkuth of dead too.By having physical relation with many people there is probability of infectedof disease which lead them to the mouth of dealth which is also one of theserious matter.
ELEMENT OFTRAFFICKINGThe act : Here itmeans the act what is done like recruitment of child , transportation from onepalce to another harbouring or receipt of person.The means: Itmeans what is tE medium becausesometime it is can be abduction , due to proverty and use of force , threat,abuse of power or vulnerability orgiving payment or benefit to a person incontrol of victim.The purpose: Itmeans why these kind of act are being arried out for what purpose like sexualexploitation, forced labour , slavery and removal of organ. Child abuse can beconsider as maltreatment of child like misbehaving with them not consideringtheir feeling etc. Child abuse can be said like making them to work againsttheir will, harming them forcing them to conduct different activities withouttheir will and acceptance. Though their right are been guarentead and protectedby governmanet but due to lack of security and enforcement they are unable toexercise their right that are being safeguard and are being said to beprotected.
There are variousform of child abuse but the four main reason are:Physical abuse:Child that are being kidnapped and they are torture both physically andmentally to do the work that they are assigned to do. There are many child whoare being ill treated at their home only when the family condition are beingnot stable then that also can directly and indirectly affect their life. Childthat are being trafficked and are taken as hostage they are being morephysically abused.2> SexcualAbuse: Child tat are being trafficked the ulternate purpose of this related tosexual activities they are being sold to different parts and areas of countriesand are being forced to do those kind of activities which is directly linkedwith sexual abuse.
They are being forced to work with client and are beingsexually and physically abuse.Mental abuse: thiscan be from the broken family single parents child when they neeed good andpropoer care because of those they are being disturbed which directly andindirectly influenced ythem and as result they are being abused. When guardiandoesnot listen to their problem then also this kind of result apper when theyare not being supported in the time then it directly harm them.4>EmotionalAbuse: this kind of abuse are also a form of mental abuse theis is alsodirectly and indirectly linked with each other.
When child need their guardianand member to help and when there help is disregarde and are not consideredthen this kind of stress can effect them. According to Child reform commission: CRC: Child rightsare made to make availability of good care and protection of children all thetime. As stated in article 1 , for the purposes of the convention, a child isdefined as any human being under the age of eighteen.2 Issues related toChild right:1. Child abuse2. Childexploitation3 .Child labor4. Child trafficking5 .
Child marriage6. Childeducation(Article 21(a)) Process of recognition of right continued withadaption of the declaration of Childrens Right in 1959. Article 42 of CRCstipulates that children have Right to know about their right. The ministry ofHome affairs launched the governments’comprehensive scheme for strengthening law enforcement response in india,which seeks to improve india’s overall law enforcement response to all form oftrafficking, including bonded labor and established at least 87 new anti humantrafficking units (AHTUs).
The government also ratified the 2000 UN TIP protocol.3 UN DECLARATION ONRIGHT OF THE CHILD: 1.Non-discrimination.2.Specialproloction, oppurtunities and facility to physically, mentally, morally,spiritually and socially in a healthy and normal manner and in condition offreedom and dignity.3.
The right to aname and nationality.4.The differentlyabbled child to be given special and care.
Child right underCRC:1.Right tosurvival.2.
Right todevelopment.3.Right toprotection.4.Right toparticipation. Child right inIndia:There are manychildren those who are deprived of different services.
The government of Indiaratified the UN. Art.15(s)- Specialprovisions for child.
Art.21 A- Right toEducation Case: Bachpan Bachoa Andolan vs Union Of India & Ors on 18 April, 2011 Because of deprivation of basic neon eds this case is studied to address under Art, 32 of the constitution in the wake of serious violation and abuse of children who are forcefully detained in circuses. Many children especially from some poverty striken areas of Nepal and India and children from the circus are not allowed to live their life to freedom. Facts: The first time petitioner came to know about child trafficking and plight way back in 1996. One of the 12 yrs. Nepali girl did complain for other girls had been trafficked and forced to stay and perform in the circus where they were being sexually abused. From the case, it was found that organized crime of trafficking of children for Indian circuses was high. The compilation in a report term as “Eliminating Child Labor from Indian circuses”.
Decision:Under the umbrellaof I.C.F. agreed to make a declaration that there shall be no further use ofchildren in India. Government Organization (NGO) in Nepal will help inrepatrition and rehabilitation. The employment ofthe children in circus involves many legal complications and in that respect major legal complicationsare as follows: Deprivation of children from educated therby violated their fundamental rights enshrinsed under article 21A of the constitution of india. Deprivation of the child from playing and expression of thouonghts and feelings, thereby violating fundamental right to freedom of expression. Violation of statutory provisions of law like aemployment of Childrens Act, 1938, The child Labor (prohibition and regulation) Act, 1986, Bonded labour system(abolition) Act, 1976 read with rules made under, the factories Act, 1948.
etc. This reports talksabout the trafficking of children in urban brothels and the regional variations.The report discuss how trafficking is undertaken. Analysis:Trafficking inchildren has become an increasingly lucrative business especially since therisk of being prosecuted is very low. They do no sell their body in their will.But are brought through trafficking networks run by individual who buy and sellthem into prostitution. Conclusion: Different laws andact that are made to punish who violate the law for the protection of law frombeing voilated punishment is given in corresponding amount.
The adverse effectis seen on the individual as well as society that obstructs the physical mentaland social development. Bibliography: Kapoor, Dr.S.K., Human Rights https://www.savethechildren.in/article/causes-of-child-trafficking-in-india Bachpan Bachoa Andolan vs Union Of India & Ors on 18 April, 2011 http://www.imnepal.com/reason-or-causes-od-nepalese-girls-trafficking-into-indian-brothels/ 1Trafficking of children and women in Nepal, UNICEF 2Wikiprogress.org/articles/children-yc3http://www.refworld.org/docid/4e12ee7427.html