FROM BONDAGE TO FREEDOM
1.
2.
Migration problem
3.
Labour problem
4.
Human Rights problem.
22
Trafficking as a Problem of Crime
There are manifold crimes committed both in the process of
trafficking and in the commission of end purposes for which people are
trafficked. The very definition of trafficking as given in the UN Protocol
talks about crimes such as threat or use of force, coercion, abduction /
kidnapping, fraud and deception being committed. Similarly, the end
purposes of trafficking are generally recognized as offences by most of
the countries. These include slavery and forced labour; debt bondage;
forced prostitution; child sexual abuse; removal of organs and illegal
adoption. Further, many crimes are committed when a trafficked person
is prepared to be absorbed for the above mentioned end purposes. This
process can be best elucidated by examples of women who are trafficked
into forced prostitution. Such women may either be sold outright to a
brothel owner or sold at an auction. After being sold, many women
undergo what is known as ‘breaking in’ period. ‘Breaking in may be done
either through physical means such as, repeated rapes, gang rapes, electric
shocks, solitary confinement and beating by brothel guards. One common
tactic in India involves both physical and psychological means52. Certain
brothel staff treats the victim abusively, telling her repeatedly that she is
dirty or defiled, while another staff member consoles her and tells her
that she is a part of the family53.
Once a woman or girl is “broken in”, she is forced to work for long
hours without breaks. She is not allowed to go out and refusal to service
a customer tends to result in beatings or other kinds of abuse. Further,
she is denied access to contraception, and has no control over her body.
This has led to prevalence of sexually transmitted diseases in trafficked
women particularly the fatal HIV virus54. Thus, one finds that many crimes
such as assault, battering, rape, sale of human beings, unlawful detention,
total confinement, torture etc are committed when a person is initiated
into a “chosen field”.
52
Ian Cao, “Illegal Traffic in Women: A Civil Right Proposal”, 96 Yale L.J. 1297, 1302.
53
Human Rights Watch, “Nepali Women and Girls Trafficked to India”, The Human Rights Watch
Global Report on Women’s Human Rights, New York, 1995.
54
Supra note 43.