Academic journal article Law, Social Justice and Global Development Journal

Human Trafficking: The Angle of Victimology - a Commentary

Academic journal article Law, Social Justice and Global Development Journal

Human Trafficking: The Angle of Victimology - a Commentary

Article excerpt

'THE CRIME PROBLEM IS THE OVERDUE DEBT A SOCIETY MUST PAY FOR TOLERATING, FOR YEARS, THE CONDITIONS THAT BREED LAWLESSNESS.' EARL WARREN

Human Rights Jurisprudence has come of age. The informed, enlightened and elite citizens as well as detainees and convicts demand and obtain protection of their human rights. They have a voice and representation. Various legislations and precedents show the wide spectrum of cases relating to human rights. However, one corner of our society--the most neglected, fragile and tortured--remain outside the long arm of the law relating to protection of their human rights. They cannot shout and our justice system does not listen. But they go through egregious torture, physical and emotional, in the prime of their childhood or youth, with none to fall back on or to pick them up from the living hell they are brought to or dumped in. They survive in the darker, drearier side of human rights violations--so violent it can be better described as atrocities. These are the unfortunate and unprivileged humans--women and children--upon whom immeasurable, unfathomable and grave excesses and aberrations take place daily by perpetrators of the crime. Girl children are trafficked into prostitution. Boy children are trafficked into forced labour and sodomization. Young women are also abducted and trafficked as domestic workers, unorganized labourers or sex workers.

This is, though, 'little children are people with Big rights': Dr. Klaus Kankel

Types of cases of such trafficking can be endless--rape, aggravated rape, incest, child sexual abuse, forced prostitution, sodomy, bestiality, pornography and a vast array of cases involving outraging modesty. [See : State of Punjab vs. Major Singh, AIR 1967 SC 63]. The rights of these women and children form an essential part of the jurisprudence of human rights which still lies in the neglected sphere.

The illustrations of violence upon such victims are like snowflakes. Each case exhibits a distinct act of violence. Some of the cases which have come to Courts show acts of assault, burning, persistent denial of food, perverse sexual conduct, forcing abortion, locking the victim, denying access to her relatives and children, abusing her child and the like.

The malaise of trafficking has been essentially because of the demographic problem which results in unemployment and the consequent poverty. This increases the vulnerability of the lowest strata of the society coupled with lack of education, care and protection and employment opportunities. Low female ratio, poor law enforcement and the demand and profit scenario aggravates women victims' situation. Sexual trafficking involves business in brothels, massage parlours, bars and includes pornography and paedophilia. Commercial trafficking and exploitation involves industrial and domestic labour and extends to organ removal for transplants, illegal adoptions, beggary and camel racing.

it is little realized that the impact and repercussions of such abuse and violence results in destroying psychology, devastating life by causing bitter shock, disgust, disbelief, suspicion, helplessness, frustration, anxiety, loss of security, feeling of guilt, fear of disclosure, confusion, trauma, hopelessness, anxiety, fear, humiliation, degradation, anger, insomnia & nightmares, depression, social withdrawal, lower self-esteem, embarrassment, betrayal of trust, self blame, guilt and shame.

ALL OVER THE WORLD WOMEN SPEAK THE SAME LANGUAGE--OF SILENCE: ANUSAYA SENGUPTA

The results of such abuses also fall upon a wide spectrum--social, psychological, sociological and economic. The social brunt of trafficking are isolation, loss of dignity, loss of safety, loss of marriage, home, job, family and social life. The physical effects are from black eye to death, burns, disability, pain, forced pregnancy, miscarriages and abortions, cuts and bruises, HIV and failed health. …

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