Prostitution, slavery, and human trafficking: The worldwide practices of eliminating it

This article is written by Shambhavi Shrivastava, an intern under Legal Vidhiya

Introduction

Slavery or bondage, Prostitution and Human trafficking are abhorrent offences which are prevalent in today’s world. These offences have a great impact on people and their mindset. In the contemporary times there are plentiful people who are involved in slavery and make gargantuan sum of money for the people who enslaved them. These all practices are very complicated and highly contentious problems that reflects on the dynamics of the growth of human rights rhetoric. Over the past few decades many international communities and many non-governmental organisations have shown concern towards it and also, it is argued that these practices have become a very serious cause of human right violations. In developing country like India, crimes such as these jeopardises people’s security in the country, their right to live with dignity is being seized because of the heinous offences. This has been a debatable issue since 90s. From a different perspective, slavery and prostitution done for commercial purpose are forms of trafficking. In today’s time individuals can go to any extent for the sake of making more and more money. Such transgressions must be reduced for the sake of mankind.

Prostitution

Prostitution is the act of trading for the human flesh to earn money. It can be regarded as engaging in sexual activity for the purpose of monetary benefits. Prostitution is also referred to as commercial sex because the intention behind involving in it is minting money. The practise is not new; it has existed from time immemorial; it is also not limited to any particular gender or age group. Though some people choose to work as prostitutes but majorly people are forced to take up prostitution. Various different countries have different laws governing this area. It is often believed that it is belligerence intended towards women. Prostitution is a barbarism of the person’s rights and right to live with dignity. The Indian Constitution encompasses within itself the right to live with dignity under article 21.  Prostitution is not only restricted to engaging in sexual activities but also includes other activities. As per the statistics of United Nations, there are around 40-42 million prostitutes all over the world. Prostitution is against the principle of Declaration of Human rights, which guarantees, “right to life, liberty and security. It is frequently regarded as being incompatible with the core concept of the right to live with dignity, as prostitution implies a life of suffering, brutality, and degrading treatment.  “The concept of prostitution has been described as accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person in the United Nations Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others (1949)”.

Provisions

In India it is a common misinterpretation that prostitution is prohibited however, in reality prostitution is legal but owning and operating a brothel is illegal. India was to ratify a United Nation convention declaration against the human trafficking in 1950 hence, The Immoral Traffic (Prevention) Act, 1986 was revised. A glaring flaw in this legislation for example is, private prostitution for making money is not considered to be illegal but running a sex racquet maybe illegal. In the case of State vs Sharda[1], the interpretation of word ‘brothel’ was made clear. Brothel is not limited to any house or room but it is a place where two or more prostitutes engage in sexual activity voluntarily.

The Indian Penal Code, 1860 also has a mention of prostitution but it is only restricted to child prostitution. Section 366(A) and 372 prohibits kidnapping and selling coercing the child into prostitution.

Various countries across the globe have adopted various laws for prostitution based on the social system prevailing in the country. Canada, Iceland, Ireland have adopted the Nordic model, which decriminalises selling of sexual activities but criminalises the purchase of such acts. Countries such as Germany and Netherlands consider that prostitution can be regarded as a profession and it should to regulated whereas country like Saudi Arabia consider it is crime and punishes it. On the other hand, Amnesty International favours to legalise prostitution. Therefore, there is no uniform law; it is viewed by different countries differently.

Slavery

Slavery is a not a new concept in, it has continued since ages. It is a practice in which individuals are seen as the property of others, as if they have purchased them. Predominantly the disadvantaged section or the people referred to in the lower class were within its ambit. “Whoever imports, exports, removes, buys, sells, or disposes of any person as a slave, or accepts, receives, or detains any person as a slave against his will shall be punished”, this was held in the case of Mohammad Ali vs State of Uttar Pradesh[2]. This violates an individual’s rights as he is owned by someone else, he’s not free to do anything, he has to work as a slave till he is freed by his master.

Classification of Slavery –

1. Bonded labour – It is popularly known as Debt Bondage. This kind of slavery occurs when a person has taken a loan from someone and kept himself as a collateral, now it is mandatory for him to work without any wages till the amount he has taken is repaid. It frequently becomes a vicious cycle since the sum borrowed may not be repayable within an individual’s lifetime, therefore it is handed down from generation to generation.
2. Forced labour – It is kind of slavery wherein an employee is forced to work under any kind of threat or coercion and the whole control is in the hands of the master. An example of this is child labour.
3. Chattel slavery – This can be considered as a type of human trafficking. Under this any person is sold and bought like a commodity in the market. He is forced to be a slave and this may hand down to his succeeding generation.
4. Forced marriages and sex slavery – This can be seen in Middle east countries, North Korea etc. Under this individual, mainly women and girls are compelled to marry a wealthy man who is much older to her. They are supposed to do nothing except work for their spouse. More often than not they are subjected to physical and mental tortures.

Provisions

Slavery in India is dealt under the Indian Slavery Act, 1843. This legislation was passed under the reign of the East India Company. Slavery was prohibited under the statute, and anybody discovered enslaving someone faced punishment. Furthermore, India has a legislation of Bonded Labour (Prohibition) Act, 1976.

Labour laws also protect persons against forced labour in that they require an individual to be paid fairly for his labour and specify the number of hours he is expected to work every day.

In International law slavery has been abolished. Many treaties and conventions are there which govern slavery. Countries like United States and United Kingdom has slavery act to deal with slavery. UK has two separate legislations amelioration act 1798 and slavery abolition act 1833. The Human Rights Act,1998 abolishes slavery as it is against the fundamental human rights. Additionally, the Convention on Elimination of all forms of Discrimination against Women (CEDAW) prohibits trafficking.

Human Trafficking

Human Trafficking is a wider term which encompasses within its ambit all forms of slavery and prostitution. It takes away the individuals right to live a dignified life according to his own terms and conditions. Under this individual are held captive and it may be an organised crime. It is not limited to any particular geographical area; it is growing at a very high pace and is a transborder crime. The groups which are affected most by it are majorly children, women, refugees and the marginalised section of the society. Human trafficking is not merely selling and purchasing of individuals but it also includes begging and other criminal activities.

Provisions

The Immoral Traffic (Prevention) Act, 1978 penalises human trafficking for the purpose of commercial sex. Several state governments also took initiatives to prohibit human trafficking by enacting certain legislation such as – The Punjab Prevention of Human Smuggling Act,2012. After the judgement of State of Uttrakhand vs Srataj Khan[3], Trafficking Victims Protection Act,2000 was passed. Maharashtra’s ministry of home affairs established Anti-Traffic cell in 2006 to prevent the misconduct and human trafficking.

Internationally, there are many conventions to prohibit human trafficking. Convention on Abolition of Slavery came into effect in 1957. There are protocols such as protocol against smuggling of migrants by air, land and sea, child prostitution and kiddie porn etc. International labour organisation also has various conventions which deal with human trafficking such as – child labour convention,1999, forced labour convention,1930 etc. Many countries have tried to legislate on the issue of human trafficking.

In countries such as France, the constitution itself under Article 225 prohibits sexual exploitation and human trafficking. France has policies such as Respect for Human Rights. United Kingdom has the statute Sex Offenders Act, 1997. It prevents citizens to engage in sex tourism and even the desire to be involved in it is a crime.

Practices adopted across the world to eliminate them

Various international organisations to name a few United Nations Human Rights Council, United Nations Economic Council, International Labour Organisation, United Nations Security Council, entities like United Nations International Children’s Emergency Funds, United Nations Office on Drugs and Crime and many more tries to maintain a look out for enslavement, prostitution and human trafficking.

Operations such as Stop Trafficking and Oppression of Women and Children (STOP) has been enforced in 1998, wherein the key objective was to eradicate the vicious circle of trafficking and liberate women and children from slavery and trafficking via education and legislations.

Goal 8.7 of Sustainable Development Goal promotes economic well being and states, “Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms[4].” Hence, Sustainable Development Goals can be considered an effective way to eliminate slowly these practices.

Trafficking in Person Report

US State Department issues report called Trafficking in Person Report (TIP). The primary goal is to battle against the traffickers by prosecuting them, rehabilitating the victim and preventing human trafficking by scrutinizing its course and engaging in multilateral diplomacy to fight against human trafficking. According to the Trafficking Victims Protection Act of 2000, the nations are divided into three categories as per the compliance with the above act.

Tier 1 signifies countries which comply with all the provisions of the act. According to the 2022 reports some of the tier 1 countries are Australia, Belgium, Canada, Finland, France, Sweden etc.

Tier 2 signifies countries who tired to comply with the provisions but could not fully comply with them. India, Bangladesh, Denmark, Egypt, Greece, Japan, Ireland are the countries which were given tier 2 position in the 2022 report.

Tier 3 signifies the countries which do not comply at all with the provisions. Afghanistan, South Sudan, Syria, China, Iran was reported to be in tier 3.

Conclusion

Slavery, Prostitution and Human Trafficking are the gross offences against human rights which are taking place all over the globe. They are such imperils which are still rampant despite the world’s progress. These offences are not restricted to neither any particular region or country nor to any specific culture, religion, race. They can be considered to be a well organised offence. Thus, the whole world needs to come together and stop such gross violations from happening. The world is changing at a fast pace with migration and dynamic meaning of international borders. Though, these advances provide great opportunities to humanity but it come with various perils of socio-economic justice, which needs to be addressed properly. There is a need to enact more laws on the issue and impart education to every section. This is also a moral issue, as it deals with rights and dignities of those involved in it, there are millions of women and children who are forcedly thrashed into such practices and many are reported to be dead of such conditions. How can the whole world, any nation and lastly humanity tolerate such inhumane practice. It is a high time that the whole world come together to take actions against the perpetrators of these offences and at the same time rehabilitate the victims.

References

1. 2022 Trafficking in Persons Report – United States Department of State. (2022, October 20), available at – United States Department of State. https://www.state.gov/reports/2022-trafficking-in-persons-report/
2. Insight, L. (2021, October 15). Prostitution, Slavery and Human Trafficking. Legal Insight, available at – https://www.legalinsight.in/post/prostitution-slavery-human-trafficking-constitution-article-23-21-sex-rackets-sex-crime
3. M. Tandon (2022). Legal Bites, available at – https://www.legalbites.in/prostitution/
4. PROSTITUTION, SLAVERY AND HUMAN TRAFFICKING THE WORLDWIDE PRACTICES OF ELIMINATING IT : Krishna Kishore Padala : Free Download, Borrow, and Streaming : Internet Archive. (2020, August 15). Internet Archive, available at – https://archive.org/details/httpsierj.injournalindex.phpierjarticleview2092/page/n1/mode/2up
5.  R. Jha (2020). Prostitution, Slavery and Human Trafficking: The worldwide practices of eliminating it. Law Times Journal, available at – https://lawtimesjournal.in/prostitution-slavery-and-human-trafficking-the-worldwide-practices-of-eliminating-it/
6.  S Singh (2021). Prostitution, Slavery and Human Trafficking – The Odious face of India and the World. KnowLaw, available at – https://knowlaw.in/index.php/2021/10/14/prostitution-slavery-and-human-trafficking-odious-face-india-world/
7. Sustainable Development Goals. (n.d.). United Nations : UNODC Regional Office for Southeast Asia and the Pacific, available at – https://www.unodc.org/roseap/en/sustainable-development-goals.html

---

[1] State v. Sharda, Sessions Case No. 96/2013

[2] Mohammad Ali Al Gitar v. State of U.P., Special Appeal No. 559 (2015)

[3] State of Uttarakhand v. Sartaj Khan, Govt. Appeal No. 139 (2016)

[4] https://www.unodc.org/roseap/en/sustainable-development-goals.html