Human Trafficking along India- Bangladesh border (GS Paper 1, Social Issues)
Why in news?
- Recently, the Indian investigation team busted a trafficking racket that exposed the displaced Rohingyas along with Bangladeshi girls/women being trafficked to different parts of India. The traffickers involved in this organised crime are associated with other accomplices who are operating from different corners of the two nations.
- The investigation was eventually initiated as six Rohingyas were detained in 2021 for travelling without any legal credentials. Upon probing this even further, the existing trafficking networks have come to light.
Female & Children more Vulnerable:
- Human trafficking is a complex and rampant phenomenon that has scarred nearly 40 million people within the South and South East Asian region. Predictably, females including children account for 71 percent of the populace who are entangled in the vicious circle of forced labour, sexual brutality, and forced matrimony.
- In the current reports, it has been mentioned that apart from selling women or girls in the commercial sex business or forced labour, they are also being coerced into the IVF business.
- It is easy for the preparators to prey on these individuals since they lack basic rights due to the lack of citizenship, and a legitimate and steady source of income except for the humanitarian aid received from the donors.
- The deplorable conditions within the camp areas with inadequate WASH facilities, food insecurity, improper healthcare, and livelihood opportunities force them to look outside for better opportunities.
- But once caught they are put into prison without any assurance of their release since they do not fall under the jurisdiction or protection of any nation. These incidences bring to the fore the vulnerability and dilemma of such stateless people.
Transparent borders:
- Trafficking between India and Bangladesh border areas is quite pronounced and simple. Both nations share the fifth longest international border in the world, nearly 4,096.7 km long.
- Around 60 percent of the border is fenced and a large section of the border runs through rivers, fishponds, farming lands, villages, and even houses where a portion of it lies in India while another portion of the same house or property is situated in Bangladesh.
- Thus, guarding the border zones is not simple due to improper roads and difficult terrains. Consequently, it becomes easier for illegal groups to misappropriate these porous stretches.
- According to a study, almost half of the trafficking from Bangladesh to India takes place through Benapole in the Jessore district of Bangladesh.
- The major points like Thanurbairi Chandurila, Kaiba Sultanpur, Chodarpur, Chapainaababguj, Hill Akhwara, Chuadanga and Poladanga are other entry points for trafficking in India.
Push and Pull Factors:
- Since the past decade, human trafficking is becoming the fastest growing form of organised crime in the world.
- Reasons such as unemployment and poverty, political instability, and crime prevalence have pushed “the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception”. Such push factors that create a nexus of susceptible individuals go hand in hand with the pull factors—the wealthier markets where demand for low-waged labourers is high along with sexual exploitation of women and children.
- In this regard, poor management of international borders is frequently denoted as one of the primary reason for cross-border human trafficking, resulting in organised crimes, heightened corruption and also spread infectious diseases like HIV/AIDS.
Present legal mechanisms:
- To curb this crime, there are several Anti-Trafficking laws in both nations.
- In India, Article 23(1) of the Constitution, IPC 366 – 373, the Immoral Traffic (Prevention) Act 1956, and provisions under other laws relating to the protection of women and children.
- The Draft Trafficking in Persons (Prevention, Care and Rehabilitation) bill is still underway that hopes to provide holistic preventive measures on trafficking.
- Similarly in Bangladesh, the Prevention and Suppression of Human Trafficking Act, 2012, the Repression of Women and Children Act of 2000 (amended in 2003), and Articles 372 and 373 of its penal code prohibit and punish child traffickers.
- While both countries have legislative, constitutional, and other forms of legal interventions to address the issues of trafficking, the implementation of these interventions requires equally strenuous efforts.
- It demands a more efficient and smoother level of cooperation between the various stakeholders involved and offices of authority to ensure the implementation of the protection of the possible victims of such trafficking and the prosecution of the offenders that initiate and propagate the crimes.
Challenges:
- A major point that comes into focus is the low rate of conviction and the number of prosecutions and investigations as compared to the scale and extent of trafficking within both nations. Officials involved in handling and preventing trafficking have, in many cases been found complicit with the offenders.
- In addition, there has been a persistent lapse on the government’s end in reporting and investigating such cases and allegations. Another point for low conviction or dismissal of cases is the lack of witnesses.
- It has been noted that victims and witnesses have to pay for their travel whenever they are required, and they are not compensated for the same or provided any protection.
- Regrettably, despite Rohingyas being allowed by Law to file cases of trafficking, the judiciary machinery disregards these attempts. Consequently, traffickers and offenders in the country find it easy to get away with their activities right under the watch of the officials, owing to such loopholes and gaps in implementation.
- Since both India and Bangladesh are not party to the 1951 Refugee Convention or its 1967 Protocol, they do not consider the Rohingyas as a refugee but both nations are signatory to several core treaties which requires states to ensure access to basic human rights and human dignity for all and provide basic protection to people seeking asylum.
- Thus, proper legal channels are essential for this community. Clear legal mechanisms need to be set up within the camp areas that will help give a voice to these people, access justice, and punish preparators.
Recommendations:
- A need for capacity building whereby training of border security agencies and law enforcement agencies from both sides for raising awareness on victim identification, agency referrals, and repatriation procedures will benefit effective border management.
- Second, the regularity of meetings of the Joint Task Force on India and Bangladesh needs to be improved and increased. This will also help in the dissemination of correct information, protocol adherence, and quick action.
- Third, funding is necessary for the smooth functioning of the programs and digitization of the process.
- Fourth, the identification of government employees enmeshed in this trafficking cycle is essential. Designing mechanisms to address corruption like flagging unlawful financial deals will be critical to an effective response.
- Fifth, victim care is of supreme importance. There is a need to treat the victims with respect and provide proper medical facilities, and protection.
- Lastly, an integrated SOP between both nations addressing the above issues will be of effectiveness to bring about the desired result. Currently, an SOP is underway but it needs to be presented and ratified soon.
Way Forward:
- Thus, it becomes imperative that both India and Bangladesh urgently address the prevailing gaps in cross-border management by formulating integrated SOPs that facilitate each point to restrict crime.
