Attempted a paper on Trafficking. Still amateur
and need to improvise....
Focus Area-
Anti-trafficking measures to stop human
trafficking among women and children in the rural areas, tribal belts and
border areas of India for forced labour, domestic work or sex work.
Overview -
The paper ‘Human Rights at the Border’ proceeds
to explain the current status and the action plan towards eliminating the
negative aspects of human trafficking and re-inventing the migration process
which includes recruitment, transportation, transfer, harbouring and/or receipt
of a person. The paper will strive to trace loopholes and work against the
means of human trafficking, i.e., threat or use of force, deception, abduction,
the abuse of power or a position of vulnerability, or other forms of coercion.
The intention is to bring to light the purpose of trafficking which can include
cheap labour, prostitution, forced labour, domestic work, slavery or servitude
and then eliminating it. Further, the paper intends to combat human trafficking
by engaging the different stakeholders and strategies in the society by lobbying,
advocacy, networking, policy action, among other initiatives.
The Issue of Human Trafficking –
Human Trafficking has emerged as a key challenge and
risk across diverse industries and sectors including textiles, FMCG, mining
& construction, hospitality and more. The different ways in which human
trafficking manifests itself and dissects basic human rights is alarming and
unimaginable. The push and pull factors existing at the place of origin/
source drives the desire of migration either voluntarily or by force.
Trafficking is closely linked to forced migration or prostitution but
trafficking also takes considerable magnitude for forced labour, especially
domestic work. On the pretext of providing a job, placement agencies/ supply
chains run huge network of trafficking girls. These young women who come from
interior villages leave their parental security and get exposed to a
metropolitan setting which is in contrast with their cultural roots. With this
comes vulnerable situations and risks from many unforeseen dangers and because
these girls by their very nature are non-judgmental, straightforward and
unsuspecting, they become victims of physical, mental, and emotional abuse.
In India, the term trafficking is seen with the
limited scope of trafficking in persons for immoral purposes. But in actual
reality whatever manifestations trafficking would develop at a later stage
initially the bait is the prospect of handsome earning profession as a domestic
work. Innocent girls, young women and even to some extent men become victims of
trafficking in the hope of getting employment as domestic workers. Even the
police and government authorizes perceive trafficking as the phenomena that
feeds the sex line of trade. In simple words, trafficking in persons for domestic
work is not considered as trafficking at all. This in turn provides a loophole
for the agents of trafficking to bypass the law. In fact there are no specific
laws in place that ensure protection and justice to the victims of trafficking
for domestic work. A special focus is impending towards trafficking for
domestic work that is due to it. Therefore it takes all possible lobbying and
advocacy efforts to raise a public alarm against the menace of trafficking in
persons for domestic work.
The emergence of ‘Domestic Workers’ in co-relation to
the issue of Human Trafficking -
Domestic work is one of the oldest
professions in India, but unfortunately, it is looked down upon and regarded
amongst the lowest status, least regulated and poorest remunerated occupations.
A lethargic outlook towards these domestic
workers has also led to some employers putting their domestic workers through
inhuman treatment. Many of these domestic workers especially the migrant
workers become submissive and their self-esteem is destroyed. There are an
estimated 90 million domestic workers in the country, according to the World
Bank. These workers have no benefits of work contracts, social security, and
security of employment, wage raises, paid leave or medical facilities. As a
result of which, they are subjected to long hours of work, arduous menial
labour and are under the exclusive control of and totally dependent on the
employer and the family, which makes them very vulnerable to abuse (verbal,
physical and sexual).
The Plight of Domestic Workers –
India, stands as a fertile source for Human
Trafficking today! The plight of the women and children who migrate from tribal
areas to metropolitan cities to become domestic workers is a major issue of
concern. Domestic work in India is not at all recognized as a profession
and disregarded as dignified work. In many instances, society has accepted
domestic work as traditional and hence is not regularized. As a result of
which, domestic workers are exploited and are being subjected to poor working
conditions, less pay, no weekly offs or privilege leave and little or no
benefits. Women and young girls from the rural villages, tribal belts and
border areas are many a times victims of trafficking for forced labour primarily
due to the adverse conditions of poverty and unavailability of employment
options.
Nearly 90% of domestic workers in India are women or
children (especially girls), ranging from ages 12 to 75 and
it is estimated that 25% among them are below the age of 14.
The majority of domestic workers are illiterate. Domestic workers are engaged
in tasks such as cooking, washing, and cleaning, which are traditionally seen
as women’s work and considered subservient in nature. In India, the stigma
linked to domestic work is heightened by the caste system, since tasks such as
cleaning and sweeping are associated with the people belonging to the
‘so-called’ low castes in the hierarchy of religion. Domestic workers are
referred to as ‘servants’ and ‘maids’ which has resulted in their feelings of
insecurity and inferiority. This has further added to the undignified status
awarded to the services provided by them.
Domestic Workers are highly exploited and denied just
wages and humane working conditions. They are paid well below the minimum wages
for unskilled or semi-skilled workers. The working hours of Domestic Workers
can vary from 8 to over 18 hours a day. Wages, leave facilities, medical
benefits, and rest time are at the employer’s mercy. Domestic workers are also
victims of suspicion. If anything is missing in the house, they are the first
to be accused with threats, physical violence, police interrogation,
conviction, and even dismissal.
A great number of live-in domestic workers are
recruited from rural or tribal or border areas. They have to adapt to an alien
environment, culture, and language. Many of them experience a tremendous sense
of loneliness because of the solitary nature of the work. This loneliness is
compounded by the fact that most have little or no time off and they are unable
to communicate with distant friends and relatives. Often they are not allowed
to use the telephone and are prohibited from socializing with friends and
relatives who are living and working in the same city.
The paper will discuss the issue of human trafficking
by tuning into certain broader areas of functioning.
1. Gender
Analysis and Government Interventions at the Border & Tribal belts –
Domestic workers are workers employed for
household chores like cooking, cleaning (dusting, sweeping and mopping the
house), washing (clothes and/or utensils), ironing, marketing, running errands,
childcare, care of the aged, or disabled, etc. Most of these workers are young
girls and women who are otherwise chosen for these jobs due to traditional
views that the female gender is expected to carry out these functions in the
Indian society, together with the belief that education is not important for
them.
There is high risk of human trafficking especially
among the children in domestic work. This too takes the gender impact as it is
girls who are preferred to have a high profit margin in this shameless
profession of human marketing.
The issue of child labour has been a continuing
subject of fight and debate in the Indian society with many children below the
age of 18 being brought from villages to work in large cities. The low economic
status of impoverished rural families pushes them to take the drastic step of
sending their children to live in urban households, where they can earn a
living and with the hope that they will be looked after by the rich families as
their ‘own’ children. On the other hand, allurement by city life, false starry
promises of jobs and placement services, lack of proper understanding (total
ignorance) about the placement agencies, lack of organized reliable and welfare
oriented placement agencies serve as the pull factors. Whatever, may be the
means, children suffer under the pretext of employment and go through
unimaginable brutalities at a tender age when they are supposed to be going to
school and playing.
Children in India suffer, in spite of the Child Labour
Act 1986, which prohibited children from working in factories, mines and other
hazardous occupations and the Child Labour Act 2006 where the ban was extended
on employment of children below the age of 14 years in the areas
of domestic help and in dhabas, restaurants, hotels, and the hospitality
sectors. The trafficking of children for cheap labour is mushrooming day after
day, where most of these children are from drought affected rural areas and
from the families that are subjected to severe oppression and
exploitation. The children, who are trafficked for domestic work are
treated as slaves in the apartments and bungalows of urban zones and are left
with inhuman work load, torture, rape and sometimes even murder. After a period
of time, these children even go ‘missing’ or many are found in jails on false
theft charges.
There is a compelling urge in the development sector
today for lobbying for the formulation of government laws and educate people to
understand the adverse effects of human trafficking.
2. Criminalization
of irregular migration -
Women and Children in domestic work are invisible in
society and imprisoned behind the closed doors of private household. There are
numerous cases of abuse and exploitation of trafficked girls and women falling
prey to harsh circumstances. The problem gains more magnitude because of the
limitations in the existing legislations to deal with the issues. The
Prevention of Immoral Trafficking Act, 1956 talks only of trafficking for
immoral purposes and not for forced or bonded labour. Similarly the Inter-state
Migrant Workmen’s Act, 1979 does not protect the migrant or trafficked
domestic workers. There is no specific law to protect trafficking in persons
for domestic work. Further, the children and women are sometimes brought to the
cities secretly and are at times inaccessible.
3. Operational
Understanding: Violation of Basic Human Rights and Movement of Resources–
Trafficking business is thriving like never before. In
the capital city of Delhi alone there are several hundreds of agencies which
market/sell domestic workers. It has been discovered that other domestic
workers or close relatives often serve as agents of trafficking. This reveals
the organized network of the entire racket. Once the girls arrive in the
cities, their wages are typically locked or they go unpaid in order to pay the
traffickers a fee for securing employment. Trafficking of domestic workers is
largely invisible and both inter and intra country.
4. Transparency
and Accountability in Anti-Trafficking efforts –
Anti-trafficking activities in India have been going
on in full swing to prevent the trafficking of especially children for domestic
work. Rescue operations have been undertaken in coordination with the law
enforcers, social organizations in the destination states were trafficking is
rampant; Rehabilitation of the rescued has been facilitated with the help of
other welfare cells, shelter homes that are being run by different
organizations. Efforts are on to start several such interim/transit shelter
homes for the benefit of the recued victims of trafficking, Repatriation of the
children has been facilitated wherever possible form the destination to the
source states as our network of work in several states helps in achieving the
same. Tapping all possible opportunities to reintegrate the children who have
been caught up in trafficking with the society and attempts are on to restore
their lost childhood. Formations of Children’s Parliaments that would become a
forum where their voices are heard are being formed.
Other initiatives to bring Transparency and
Accountability include –
§ Formation of the Domestic Workers’
Welfare Boards in several states of India and registration of the Domestic
Workers in the same.
§ Advocacy and lobbying in support of the
ILO Convention 189 and the Recommendation 201 that have been a historic move of
the larger international community in favour of the domestic workers especially
to facilitate its ratification by the Indian authorities.
§ Fighting for Inclusion of the Domestic
Workers in the Sexual Harassment at Workplace Bill 2010 in which they had been
left out of.
§ Reform Measures like changing
employment with family permissions, or at the end of the employment contract.
§ Bridging Language Barriers
§ Fighting Employer Counterclaims
§ Undocumented Workers – left out in census
§ Accessing Limited Mobility of Domestic
§ Inspections at recruitment agencies,
usually unannounced.
§ Mediation
§ Fast Prosecution of Abuses against Domestic
Workers
5. Human
trafficking and migration prevention policies –
Strong linkage between source and destination states
helps check trafficking. Media awareness programs, campaigns and consultations
can bring an attitudinal change in source and destination areas about
trafficking and forced migration and bring about a responsive action of
stakeholders for prevention. Training and formation of Self Help Groups in
target areas and the formation of village level committees to prevent trafficking
can also prevent trafficking to a large extent. Also networking of NGOs,
policy-makers, Government aided Organizations, police and welfare departments
in source areas can facilitate rescue, rehabilitation and repatriation of
trafficked victims.
6. Links
between Village Vigilant Committees/ Tribal Welfare Boards and trafficking –
Proper linkages ought to be set in place between the
different stakeholders - the police, local governing bodies, legal mechanism,
families, and community leaders. The recruiters from the villages of the
victims are the biggest hindrance to the rehabilitation process. They prevent
and restrain the victims from returning to their villages as their evil deeds
would be revealed and they would be exposed. If they are exposed their
exploitative and profiteering plans would be totally thwarted. The potential risk
is for the trafficking agents for whom human trafficking is a lucrative
business.
The participation of the village panchayats,
comittees, village elders is the most crucial step to be taken with immediate
effect. Local government and vigilant villagers play the most significant role
to prevent uninformed migration and trafficking of the village youth, women,
girls and children.
7. Interceptions
and push-backs, broker/agents' rights, and extraterritoriality -
Children and women from the villages and tribal belts
of the North-Eastern and Central states of India are most vulnerable to trafficking
for domestic work. The states that often serve as the source areas of
trafficking are Orissa, Jharkhand, Chhattisgarh, and North-Eastern states of
Manipur, Assam, Nagaland, and Meghalaya. The major link that trafficking
maintains is between the North-Eastern states to the major cities of India,
Orissa to Goa and Chhattisgarh & Jharkhand to New Delhi & Mumbai.
The Push factors including Poverty, unemployment,
illiteracy or ignorance often push these women into forced migration and submit
them to easy exploitation by trafficking agents. The Pull factors of high buck
jobs, star lit lifestyles, better standard of living pull the youth out of the
villages. It is important to understand that migration is not bad, but forced
migration and exploitation is a cause of worry.
Poor parents are betrayed and entangled in the
prevailing socio-economic conditions in the villages, thus forcing them to send
their children outside for better jobs, education or livelihood. However, if
the children landed into the hands of traffickers, they are kept in illegal
homes or in servitude along with depriving them from proper food, cloths, or
forcing them into sex trade.
8. Analysis
of rights-based border-related programs –
Workshops and sessions are organised to help the
children and women to dream of a better future, and to empower and motivate
them to achieve their dreams. The children are educated on children’s
parliament, their rights as well as responsibilities and trained to be
catalysts of change. Awareness programs are organised to educate civil society
on the rights of children. Rescue operations, rehabilitation, and repatriation
and re-integration along with smooth functioning of transit homes further build
the movement stronger in their vision. The need of the hour is to actively
synergize the efforts in the different states and regions in building up the
movement for domestic workers and their basic rights. Right from keeping
constant pressure on the government, appealing for the rights for women and child
domestic workers and representing domestic workers at public forums, there has
to be an unstoppable quest to curb this menace in the society.
9. The Effect
of ‘National Social Security Measures’ -
Today, the women in rural India have joined hands in
solidarity with other unorganized workers to voice out the demand for social
security. Organized groups of women have also proved to be beneficial in
receiving social and welfare schemes from the government. Initiatives to make
livelihood at the source points more lucrative and perky can do the trick of
abolishing the trade of humans and curbing the brutality associated with it.
Just to list some such steps put into motion in India to elevate the position
of domestic workers and curb human trafficking include -
§ Livelihood Opportunities -
Skills/vocational training like embroidery, tailoring, handicraft, karate,
gardening, cooking etc
§ Bridging Schools or Non-formal education
- bridge education is provided to children in order to have them integrated
into mainstream education.
§ Transit/ Shelter homes for rescued
children and women
§ Launch of programs and welfare schemes
from the central and state governments
§ NGO’s aiding domestic workers in
obtaining ration cards—BPL/APL through the networks of Rationing Kriti Samithi.
§ Adoption of International Standards &
Public Policy addressed to Human Trafficking & Supply Chains from time to
time for better standing in the society.
§ Rashtriya Swasthya Bima Yojana - Smart
card based cashless health insurance to domestic workers.
§ Launch of NREGA, Swadhar Schemes and
other employment schemes.
§ Self Help Groups: Women are supported to
form Self Help Groups, which is a strong tool for
Human development and working in teams. In addition,
women are encouraged to save.
The savings accounts from these groups help them take
loans for small-scale entrepreneurial
work, like vegetable selling, etc.
§ Issue based street plays on “Social
Protection against Human Trafficking and Child Labour”
§ Initiatives to including domestic
workers under the Minimum Wages Act
§ Steps to include domestic workers in the
Unorganized Sector of Workers. This would enable them in solidarity with other
workers of the sector to fight for the Unorganized Workers’ Social Security
Bill, which will provide for government welfare schemes and social security.
CONCLUSION:
The perils of human trafficking have to end. The fight
to STOP this illicit trade which takes its toll on the lives of many innocent
children and women covers Anti-trafficking measures which ought to be more
organized to challenge the organized and dangerous shape that trafficking is
taking. The people of tribal origin and those from rural & border areas
ought to be made aware of how to escape and foresee the harsh realities of
trafficking. Also very importantly it needs to be ensured that tangible
progress be gained in the direction of the formulation of strong legislations
that would protect the rights of those caught up in trafficking especially for
domestic work. These ought to be implemented well and put in place and ensure
that none of the offenders is able to bypass the law and escape legal action.
The movement with the domestic workers has
been steadily gaining momentum in India and all across the globe. The fight
magnifies on the common ground - “Domestic work is work! Domestic work is not
slavery! Domestic workers are, like other workers, entitled to wage rights and
decent working conditions!”
