FROM BONDAGE TO FREEDOM
24
being in debt bondage. Thus viewing trafficking as labour problem brings
to light many gross violations of labour rights of trafficked persons.
4.
Trafficking as a Human Rights Problem
When viewed from the human rights perspective, all the above three
mentioned groups of violation of rights are automatically covered. Human
dignity is the quintessence of human rights. Trafficking of human being
is trade or commercial dealing. This makes trafficking a depraved
violation of several human rights. “Treating human being as a commodity
or chattel, which is a necessary incident of trafficking, the worst indignity
heaved at the individual”.55 Thus, the consequences of trafficking are
violation of human rights of trafficked persons. These human rights are
violated not only by the traffickers but also by the State that in the first
place has lent vulnerability to certain groups. Further, trafficked persons
are vulnerable to arrest, detention and deportation because destination
countries are unwilling to recognize they are victims of crimes. Destination
countries view them as undocumented migrants who entered illegally
and / or worked illegally. They often do not have the chance to lodge
complaints, seek damages, assess whether it is safe to return home, collect
their belongings or apply for asylum. Thus, from the perusal of the
consequences of trafficking one can conclude that human rights
perspective provides a bird’s eye view into the problem of trafficking.
Therefore, in the next section a general discussion on human rights and
various human rights issues involved in the process of trafficking would
be taken up.
H. Human Rights
Human rights are inalienable rights of every human being
without which one cannot function as a person, having free will and
intellect. These are rights necessary for being human and hence are
universal, inalienable and indivisible. They are based on fundamental
principles of respect for human dignity, equality and non-discrimination.
Initially, there was confusion surrounding these rights around the belief
that certain sets of rights, say civil and political rights have precedence
over another sets of rights, say economic, social and cultural rights. The
1993 Vienna Declaration adopted by the UN World Conference on Human
Rights dispelled this confusion by concluding that:
55
Justice J.S. Verma, NHRC Information Kit on Trafficking in Women and Children, New Delhi,
2001,p.1.