status, contribute to a demand for sexual exploitation by defining a
person (child) as “exploitable” in the eyes of some. This discrimination
makes some victims, especially young girls, invisible and outside the
normal scope of state protection;
(d) Armed conflict and political instability tend to help drive women
and children into the grasp of traffickers who lure victims with the
promise of a better life elsewhere. In reality, the victims are moved to
a new location where they are victimized and exploited. In some places,
forced prostitution and rape are used as tools of terror, subjugation
and humiliation. Victims may lose their sense of self-respect and selfworth, be ostracized by family and community and drift towards
prostitution as the only viable means of survival and shelter.
1. The law says
Art. 23 (1) of Indian Constitution states “Traffic in human being and begar
and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance
with law.” Immoral Traffic Prevention Act was legislated in 1956, which
made commercial sexual exploitation an illegal activity. It was further
amended in 1986. In 2006, the Ministry of Women and Child Development
proposed an amendment to ITPA, Which is yet to be passed. Several
sections of IPC make almost every activity in relation to trafficking a crime.
There are other wide range of other relevant Acts viz. Child Marriage Act,
Dowry Act, SC/ST prevention of atrocities Act, Organ Transplant Act, Child
Labour Act etc. India had also signed/ratified/acceded to, several relevant
International conventions viz.
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Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others (1949 Convention) - Ratified,
Slavery Convention - Signed, Supplementary Convention on the
Abolition of Slavery - Ratified,
International Covenant on Civil and Political Rights - Acceded,
International Covenant on Economic, Social and Cultural RightsAcceded,
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)-Ratified,
Convention on the Rights of the Child (CRC)-Acceded, Forced
Labour Convention, 1930 (No. 29)-Ratified,
Abolition of Forced Labour Convention, 1957 (No. 105)-Ratified,
Manual on Human Rights for Police Officers