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Child Code: 17 Submitted by: Rejina Paudyal

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Child Trafficking and
Sexual Abuse because of poverty: a      comparative
study between Nepal and India

                        Student Exchange
Program

 

                                 Team Code: 17

 

 

 

 

 

 

 

 

 

 

 

 

 

Submitted by:                                                                              

Rejina Paudyal

Mansi Asija

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abstract:

The topic of this research paper is Child Trafficking
and Sexual Abuse. Child trafficking is the recruitment or transfer of child for
bonded labor, prostitution or any kind of exploitation. The objective of this
research is to find out whether poverty is actually the main cause for child
trafficking or not. We chose this topic as our research problem because as we
in our society, this problem has been very serious in today’s date both in
India as well as in Nepal. All the information and data on this paper is solely
based on secondary sources. Our paper is limited in Nepal and India only as we
have done a comparative study between these two countries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduction

Child
trafficking in simple words is trading of any person under 18 for bonded labor
or exploitation. It is found both in developing and developed countries. The
children who are trafficked are used for prostitution, bonded labor, forced
into child marriage, adopted illegally, etc. Trafficking leads children to
exploitation, violence, physical as well as mental abuse and many more.

According
to the estimates made by International Organization of Migrations, every day
more than 3000 children are victims of child trafficking.1
According to UNICEF, “a child victim of trafficking is any person under 18 who
is recruited, transported, transferred, harbored or received for the process of
exploitation, either within or outside a country .” According
to the International Labor
Organization, there are an estimated 1.2 million children trafficked
every single year.2
The major forms of child trafficking are child labor trafficking, child sex
workers, child soldiers, child drug trade, etc.

Brief history

The
scope of child trafficking expanded when League of Nations had hosted a
convention in June 1921 in Geneva.3
After this convention the concept of trafficking got widened, not only the
trafficking of white women but also the children of both the sexes was
recognized.

Human trafficking has had a pervasive presence
in our world, although often disclosed and unseen due to the nature of secrecy
surrounding the practice. Nepal seems to be disproportionately affected by
human trafficking, as 20,000 women and girls are smuggled across the border
every year. When looking at the specificity of trafficking in Nepal, one must
attend to the broader social, political, cultural and economic undercurrents in
the country. These structures of violence impact all Nepali in profound ways,
but often tend to disproportionately impact women, which then lends
significance to our discussion of trafficking.4

 

Methodology

Our
research paper is based on secondary data only that is the internet.

 

 

Objectives

·        
to find out if poverty is
the actual reason behind child trafficking or not,

·        
to find out the solutions
of child trafficking,

Limitations

·        
Our research is limited
on the secondary resources only as we didn’t have much time to interview people
about it.

·        
Our research is limited
on the child trafficking of India and Nepal only.

Body of text

There
are many reasons that lead to child trafficking and sexual abuse but poverty
can be seen the major one. Traffickers purposely target those who are suffering
from poverty. It is seen that those populations who are suffering from extreme
poverty are the main victims of child trafficking as these families get trapped
in the desire of obtaining a better life and good future for them. The
traffickers manipulate the victims offering the fake promises to provide food,
education, employment for a better condition, but in reality they are sold to
different countries for either bonded labor or prostitution or exploitation. The
condition of Nepal and India is so much poor that some parents are compelled to
sell their own children because of poverty.

In
Nepal and India both, child trafficking is the one of the major social problem.
As India and Nepal share an open border, it gets easier for the traffickers to
migrate them from Nepal to India and vice versa and this process has even
increased since the Earthquake that Nepal had faced in April 2015. Specifically,
children who have been separated from their families either as a direct result
of the earthquake, or because families feel they can no longer care for their
children are particularly vulnerable to trafficking and exploitation.
Furthermore, due to increased difficulties in livelihood in Nepal, many women
and men seek employment opportunities abroad. Some of them might end of being
trafficked at some point.5

 

Analysis and findings

 

By
this research, we found out that not all the cases of child trafficking are
registered so it is not possible to find out the exact data on child
trafficking. While we looked at the data related to the human trafficking,
record maintained by the Nepal Police unveils minimum number of complaints
registration. On the other hand, data with regard to rescue and repatriation of
the trafficked survivors of cross border and transnational trafficking by NGOs
shows that it is exceptionally in inclining trend.6 In
Nepal, it is seen that the rate of trafficking has increased after the
earthquake.  Money
is now one of the utmost importances for the Nepalese population and
trafficking is unfortunately quick source of income. Human
trafficking in Nepal presents challenges that transcend an array of national
boundaries and the nation has long affirmed its status as a source from
which people are perpetually subjected to forced labor and sex trafficking,
despite governmental and NGO-based anti-trafficking efforts. The recent earthquakes
will undoubtedly fuel Nepal’s unyielding battle with human trafficking, leaving
ample room for unique interventions and proactive responses to this
unanticipated calamity. It’s important to recognize that these challenges are
intrinsic to Nepal’s long relationship with human trafficking and the recent
earthquakes will hopefully redirect attention to the issues.

 While in India, it is seen that almost
20,000 women and children were victims of human trafficking in India in 2016, a
rise of nearly 25 percent from the previous year, government data released on
Thursday showed. The Ministry of Women and Child Development told parliament
that 19,223 women and children were trafficked last year against 15,448 in
2015, with the highest number of victims recorded in the eastern state of West
Bengal.7 It
is in fact a tragic thing for India that being a rapidly developing country,
still child trafficking and child abuse is the same in India. The status of
human trafficking in India is:

1)
Nepali children are also trafficked to India for forced labor.

2)
India is also a destination for woman and girls from Nepal and Bangladesh
trafficked for the purpose of commercial, sexual exploitation.

3)
Indian women are trafficked to the Middle East for commercial sexual
exploitation.

4)
In India, there is as large number of children trafficked for various reasons
such as labor, begging and sexual exploitation.

5)
Debt bondage in India was legally abolished in 1976 but it remains prevalent,
mostly in agricultural areas.

6)
India police have arrested the kingpin of a trafficking racket who sold
hundreds of poor tribal girls for domestic slavery in the country’s capital.

 

Laws regarding child
trafficking in Nepal

·        
Muluki Ain-
Chapter on Human Trafficking: Nobody is allowed to take anybody else outside
the borders of Nepal or sell him/her there, enticing him/her with the purpose
of selling a human. If he/she is taken to a foreign land to sell and if the one
who does so is arrested before he has sold him/her, he/she will be imprisoned
for ten years, and if arrested after having sold, he/she will be imprisoned for
twenty years. If the person who buys is found inside the borders of Nepal,
he/she will also be punished as equal to the one who sells.

·        
The Nepali Human
Trafficking and Transportation (Control) Act, 2064

·        
 Foreign Employment
Act-2007

·        
Human Trafficking and
Transportation (Control) Act 2007

·        
National Plan of Action
on controlling human trafficking 2011-202

·        
 National Minimum Standards for protection and
care of the trafficking survivors 2012

·        
National Child Protection
Policy-2012

            Laws
regarding child trafficking in India  

·        
The Indian Penal Code
1860: punishes cheating, fraud, kidnapping, wrongful confinement, criminal
intimidation, procuring minors, buying and selling of minors for immoral
purposes.

·        
Bonded Labor System Act,
1976

·        
Child Labor Prohibition
and Regulation Act, 1986

·        
Child Marriage Restraint
Act, 1929

·        
Guardianship and Wards
Act, 1890

           
Cases regarding child trafficking in Nepal and India

·        
Prajwala
v. Union of India

HRLN on behalf of Prajwala,
anti-trafficking organization, files a PIL in the Supreme Court petitioning the
government to create a ‘victim protection protocol’ so as to protect the rights
of victims of trafficking.

Existing laws do not protect the
welfare of women and children who have been rescued from trafficking and sexual
exploitation .Thus, prajwala invoked Article 32 of the constitution to file a
public interest litigation to force the government to create a protocol for the
rehabilitation of women and children who have been the victims of trafficking.

·        
Ram
Bahadur Tamang along with his daughter Puspa Tamang v. Nepal Government 

Puspa Tamang convicted for committing
the crime as stated by Section 3(9) of Human Trafficking and Transportation (Control)
Act 2007.

 

 

TOP TEN COUNTRIES INFAMOUS FOR CHILD
TRAFFICKING

                          Position

                          Country

                           10

                           China

                             9

                          Ghana

                            8

                          Uganda

                            7

                           Nepal

                            6

                         Sri Lanka

                            5

                          
 India

                            4

                          Pakistan

 

 

Conclusion

From
above data, laws and analysis we can conclude that poverty actually leads to
child trafficking. Over 50% of all human trafficking victims are children, as
children are our future it would be necessary that we should save their today.
Children who go through child trafficking and sexual abuse have to face
physical as well as the mental torture which they might not recover from even after
they get rescued. They are forced to work every single day without pay, under
threat or violence and they are unable to walk away. It is now our duty to
stand against child trafficking before it gets too late.

 

 

 

 

                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Wikipedia

2 https://nobullying.com/child-trafficking/ 

3 http://f3magazine.unicri.it/?p=281

4 http://sites.dartmouth.edu/NepalQuake-CaseStudies/human-trafficking/ 

5 http://unicef.org.np/uploads/files/359311733585227360-trafficking-qa.pdf

6 https://reliefweb.int/report/nepal/trafficking-persons-national-report-2013-2015

7 https://www.reuters.com/article/us-india-trafficking/almost-20000-women-and-children-trafficked-in-india-in-2016-idUSKBN16G29G