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CHAPTER II
REVIEW
OF THE STUDIES ON TRAFFICKING IN WOMEN
AND GIRLS
Bidhan Acharya
2.1. INTRODUCTION
As it is already mentioned in Chapter I, trafficking in women and girls
is one of the serious concerns in Nepali society. Trafficking is serious
in its nature and consequences on the one hand, and trafficking has also
been made serious than it exactly is, on the other. The exact magnitude
and patterns of, as well as the reason for, trafficking in girls and women
in Nepal and their involvement in prostitution in India has a dearth of
proper study. Some amplifying statements and studies as well as media
reports have attracted the attention of general people, programme implementors,
government and donors. There are a number of efforts to prevent trafficking
in some selected areas, however, the news of trafficking from even the
same and other areas are continuing to prevail in the media.
2.1.1 Trafficking and Prostitution
Trafficking in women and girls from Nepal to India is aimed to involve
forcefully those women and girls in prostitution. As insignificant proportion
of girls might have been used for the purposes other than prostitution.
To date, there are no studies mentioning women and girls trafficked from
Nepal and used for other jobs like housemaids, shopkeeper, labour and
others. Therefore, trafficking and prostitution are closely associate
with each other. No studies on trafficking would be completed without
mentioning prostitution. There are some governmental and a number of non-governmental
organisations working for the prevention of trafficking with their advocacy
campaigns and action programmes. Recently, there have been some efforts
to develop national level measures of prevention of trafficking. Also,
some measures have been adopted to rehabilitate the trafficked women and
girls after they have returned from prostitute life in India. Before arriving
at some conclusion about the status, patterns and magnitudes of trafficking
and prostitution as a consequence, studies conducted on the related areas
are to be analysed to illustrate the prevalence of trafficking in Nepal.
Formulation of public policies and action programmes to prevent trafficking
would be possible after such analysis and futher research.
2.1.2 Chapter Organization
This introductory sub-section is followed by the international perpective
of trafficking. It is divided into two parts of global and South Asian
concern. The following sub-section deals with the discussion on the literature
on Nepal, and mostly produced in Nepal. The literature regarding trafficking
have dealt different areas of concerns. Review of the literature in this
chapter is categorised into sub-sections according to the topic in Nepal
section. The consecutive part arrives at some general conclusions according
to the analysis of the content in former section. The conclusions are
followed by recommendations for policy implication and action programmes.
At the end of the section a reference bibliography is presented to make
easier the retrieval if the information concerned.
2.2. INTERNATIONAL PERSPECTIVE
2.2.1. The Global Issue of Trafficking
Trafficking in women and girls is one of the internationally recognised
crime, that prevails across the national borders of countries. European
countries experienced a need prevent trafficking in women and the first
international conference was held in 1895 in Paris. The subsequent conferences
were held in 1899 in London and Budapest. The 1904 International Agreement
for the Suppression of White Slave Trade aimed to limit procurement of
women and girls for immoral purposes. The agreement was thought incomplete
and another The 1910 Convention urged the states to sanction the persons
involved in fraud, violence, threat, abuse, hire, abduction and enticement
for the purpose of immoral use of women. In 1921 another convention held
in Geneva included prevention of the trafficking in boys too. An effort
to consolidate further the prevailing provision was made in 1933 by an
international agreement held in Geneva (Wijers and Lap-Chew, 1997:20-21).
The 1949 Convention for the supperssion of trafficking in persons and
exploitation and prostitution of others is an extensive and detailed resolution
ever adopted by the international community. It urges the states to punish
any person who procures, entices, leads away, for the purpose of prostitution,
even with the consent of that person. Persons involved in exploiting the
prostitution, managing or taking part in financial business of brothels
are also subject to be sanctioned (Wijers and Lap-Chew, 1997:21-22). The
1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade
and Institutions and Practices Similar to Slavery; and the Convention
on Elimination of All Kinds of Discrimination against Women, adopted by
UN in 1979 and several human rights resolutions have urged government
to take action against this inhumane trade.
The convention on the rights of the child adopted by the UN in 1989 and
ratified by 187 nations is another step towards protecting girls from
forced prostitution. The convention states that the children have the
right to be proteced from economic and sexual exploitation. Individual
nations should take all appropriate legislative administrative, educational
and social measures to protect children from all forms of abuses (Mahler,
1997 :79). The 1993 Vienna Conference on Human Rights states that the
human rights of women and of the girls child are an inalienable, integral
and indivisible part of the universal human rights. The resolution para
4.23 of International Conference on Population and Development (ICPD)
urges governments to take measures to prevent trafficking in girl children
and use of girls in prostitution and pornography (UN, 1994:29). Almost
all UN member countries have signed for the provision of ICPD resolution.
Its paragraph 10.18 says that the governments of both countries of origin
and destination are urged to adopt effective sanctions against those who
engage in international trafficking in women, youth and children. Also
the paragraph 4.23 has urged the governments to take necessary measures
to prevent trafficking in girl children and use of girls in prostitution
and pornography (UN, 1994).
Similarly, the 1995 Beijing Conference on Women focused on the discrimination
against women including the problems of trafficking, prostitution and
pornography. It urged governments to take immediate necessary actions
to empower women and ensure their right to enjoy a normal human life.
It has also provided the working guidelines to the individual member-states
to address the root factors, including external factors that encourage
trafficking in women and girls for prostitution and other forms of commercial
sex. The countries are expected to prevent forced marriages, forced labour,
and strengthen the existing legislation to protect the women's rights
as an integral part of human rights. In case of forced migration, for
the purpose of prostitution, all the countries of origin, transit and
destination should have a collaboration action measures to prevent these
inhumane trade of human body (Wijers and Lap-Chew, 1997:24;UN, 1995).
Problem of trafficking in women and girls and forced prostitution exists
in almost all parts of the globe, however, the magnitude differs from
continent to continent. Some of the African countries like Morocco, Kenya,
Ethiopia have trafficking problems. The east Asian countries including
China, Vietnam and Philippines have also similar types of problems of
trafficking and prostitution (Wijers and Lap-Chew, 1997). In south and
south east Asia the adult female migration, as a result of either conspiration,
persuasion or coercion is further ensued in their involvement in prostitution
without their knowledge and consent. (Annamanthodo, Undated:1). Many girls
sold in the flesh market in Indian brothels are even minor, hence the
crime has been reported as a serious violation of human rights.
2.2.2. South Asia: A Victim of Trafficking
The trafficking in women and girls as well as prostitution are spread
over the world. However, the lower literacy and lower socio-economic development
of the South Asian countries have further made trafficking and prostitution
severe. Traditional values and norms are the hindrances of rehabilitation
efforts. Even the society does not easily accept the women trafficked
once and involved in prostitution. Social reflection becomes much more
painful for the person once involved in prostitution and rehabilitated
later (Poudyal, 1996:2).
Bangladesh is also facing the problem of trafficking. The then British
India in 1860 had some provisions against trafficking in its Penal Code
shows severity of trafficking across the border. Among the women trafficked
from Bangladesh most arrive at India, but a significant proportion is
also reported to be trafficked into Pakistan, and some into United Arab
Emirates (UAE) and other countries. The Suppression of Immoral Traffic
Act (1993), The Children Act- special provision (1974), The Cruelty to
Women Ordinance (1983) and Oppression against Women and Children Act (1995)
are in effect. These laws have spirit to prevent rape, an organised group
of traffickers smuggles women and minor girls across the border. Almost
women trafficked are distressed, victims of domestic violence, widowed,
poverty stricken and from the low socio-economic status group of society
(Ali, 1996).
Among the SAARC countries, Bhutan is still behind the curtain regarding
trafficking in women and girls are prostitution. There are no authentic
studies, but according to the newspapers in Nepal, some of the Bhutanese
refugee women residing in eastern-Nepal have been found practising prostitution.
It might be the compulsion of refugee-life or they are simply doing the
job they have done in their home country. Some of the Indian reports have
also indicated Bhutan as one of the sources countries of prostitutes in
the flesh market.
The Indian trafficking, prostitution and flesh trade is the leader and
destination of south-Asian trafficking acitivities. Indian history of
trafficking and prostitution goes ages back to the period of Raja Maharaja
in pre-independence period. After independence in 1947 the housemaid and
concubines in their palaces were gradually out of the royal patronage
for their livelihood. They sold sex in palaces before and started selling
sex to public after they arrived at the streets. Buyers were changed,
and their profession became unveiled. Gradually, these women themselves
became unattractive and they hired young girls to run their brothels by
any means of coercion of persuasion (see Chatterjee, 1990).
Poverty and illiteracy are generally blamed as root causes of trafficking
and prostitution. Rampant unemployment leads rural mass to the cities
and at the point of starvation, the members of family per se encourage
involvement of adult women in prostitution (Chatterjee, 1990:4) The Indian
studies have shown that Nepal is one of the major places of origin of
the women sold and traded with their bodies in India (Chatterjee, 1990:26)
Supperssion of Immoral Traffic in Women and Girls Act 1956 (SIT Act) shows
the commitment of the government to prevent trafficking and prostitution
in India. Various activities of social workers also are unable to prevent
trafficking and prostitution in India. Various activities of social workers
also are unable to prevent innocent women from the hell of prostitution.
A majority of them are trafficked by conspiration and made prostitutes
against their will (Rao, 1990:7). The attractive rehabilitation programmes
are compared to the attraction of earning in prostitution for those who
are already in this profession (see Kaushik, 1990 and Dasgupta; 1990).
Some of the social and cultural norms and value systems are also encouraging
prostitution by maintaining a system of offering a girl to god or goddess.
Devadasi in North Karnataka, Basavee in Andhar Pradesh, Vasuka in Varanasi
as well as Devaki, Kumari and Jhuma cults in Nepal prohibit these women
to marry and have husband and family life. In addition, they are also
deprived of education and property inheritance. Consequently, a proportion
of such women are found selling their bodies for survival that encourages
the prevalence of prostitution and furthers the trafficking in women and
girls. There are also some ethnic groups in India that practice prostitution
traditionally in the villages of Mopper-pally in Karnataka, where exists
the of Nayakasami system, Mandsaur in Madhya Pradesh and Gajipur in Uttar
Pradesh (Chatterjee, 1990:25).
Mukherjee (1990:34-35) enumerated a series of factors contributing to
the problem of prostitution (Appendix-1). The same economic; educational;
recreational; social; custom, traditons, culture; psychological; legal,
governmental, political; and general factors contribute to make a women
or young girl vulnerable for trafficking. The poverty of the victim should
not be considered as only economic reason but the intention of economic
gain without large risk to the culprits is also the reason for the prevalence
of huge trafficking from Nepal to India. Destitution and desire for fun
are quite opposite to each other, but they both make a women vulnerable
for the trafficking and her involvement in prostitution. Political patronisation
and interference while prosecution is under process involves administrative
and police authorities.
Bedi (1990) collected the major themes of the studies conducted on prostitution
in India. Most of the studies reported that women falling prey into selling
of sex was the consequence of destitution, inclination, seduce, abandonment,
alcohol, ill treatment by family members, bad company, persuasion, conspiration
and violation. Sexual promiscuity, illicit sexual relations, sexual urge
and unfaithfulness of the partner or husband are other causes of women's
involvement in prostitution. The women with deprived and disturbed background,
fairly acceptable conception about multiple sex partners and vanished
occupations often found involved in prostitution. Similarly, increasing
demand for commercial sex in urban areas subsequently grabs young adult
women from rural areas as supplies of sex. The highway syndrome helps
increase sexual promiscuity and transport them from their distant residences
to metropolitan areas.
A study by Hameed et. al. (1997:7) assumes that some 40 per cent of the
commercial sex workers in Indian cities constitute minors that are brought
every year from distant places in India and Nepal. About 20,000 minors
are assumed to be brought from Nepal to India every year. An estimated
number of 5.3 million child sex worker in India with a hundred per cent
increase in kidnapping from 1990 to 1994 symbolises the vulnerability
of Nepali minors to trafficking and prostitution. The sex market in Calcutta
is reported as one of the major destination of Nepali and Bangladeshi
girls due to the close proximity to West Bengal of these countries. The
route from Kathmandu goes via Kakarvitta, eastern border in Nepal and
Siliguri in India. September to October; the pre-harvesting and festival
times are the major recruiting period of the year. A single sale has its
fractions of shares in rupees as 200 to 2000 of families, 1000 to 2000
of procurers, 50 to 200 of police or Border Security Forces and 1000 to
3000 of taffickers. Thus it shows that a girl, on an average, is sold
in the price of IRs. 2250 to 7200 (Sinha, 1997:10; Hameed et al, 1997:17-18).
The trafficking route from Nuwakot, Nepal to Mumbai in India is revealed
as either via Kathmandu, Jogbani, Patna, Delhi, Dholpur and Alwar or Kathmandu,
Sunouli, Gorakhpur, Delhi, Dholpur and Alwar (Hameed et. al., 1997:18).
The trafficking in women from Nepal to India is completely targeted to
enter women forcefully into prostitution. It is to be noted that a significant
proportion of women has reported their unwillingness to go back to homeafter
they are made prostitutes. That does not necessarily mean that they are
in prostitution with their own consent. The background for being in brothel
was conspiration and trafficking. Therefore, the proportion of Nepali
women in Indian sex markets has been a concern of research efforts in
trafficking.
The Indian widespread prostitution could not be assessed easily and case
studies from different places report differently about the Nepali women.
There is controversy among literature. A CRM (1997:2-5) report states
that a raid followed by the order of Mumbai High Court in February 5,
1996 resuced in sex big cities of Delhi, Mumbai, Calcutta, Hyderabad,
Madras and Banglore by Central Social Welfare Board of Indian government
in 1991-92 estimated only 2.6 per cent Nepalis, 2.7 per cent Bangladeshis
and 94.6 per cent was the contribution of kidnapping and abduction (DWCW,
1994:5-7). It is really difficult to come out with an exact figure or
rate for those women trafficked from Nepal out of this 2.25 per cent.
There were 11.9 per cent other group of prostitutes who were deceived
by someone. If it is also added the total per cent of deceived and abducted
becomes roughly 14.15 per cent. But did that deception included trafficking
and coercive entry into prostitution is not clear. Deception is some cases
might have been followed by consensual involvement in sex market. Rest
of the others (85.85%) have a kind of voluntary type of involvement. Therefore,
what proportion of the women in Indian sex market has become the victim
of trafficking especially from Nepal to India could not be easily measured.
Even the magnitude and patterns of socio-economic background of the victims
needs to be further investigated.
The rescue effort in 1996 that followed the order of Maharastra High
Court showed that if trafficking and prostitution is a painful experience
for the victims, rehabilitation efforts is also not a bed of roses (see
Zutshi, 1996). A girl, deceived, trafficked and sold by own close relatives
and coerced to sell her body in brothels can not trust anyone. Realisation
after contracting STDs and HIV/AIDS is too late for her life and social
status (Prakash, 1996:10). When the Chairperson of National Commission
for Women visited these wanted to go back to brothels (cited in NCW, 1997-98:21).
Even the hehabilitation process initiated by Indian authorities did not
received prompt response from the government of Nepal (Kharosekar, 1996:24).
The Nepal government is blamed for being cold enough in accepting the
girls with full blown AIDS. Despite the debate and dispute in media some
NGOs in Nepal helped bring back them into country (Sinha, 1997:16). The
Indian police authorities realise that the trafficking of minor girls
from Nepal is a major problem that seeks an attention in doplomatic level.
The Indian Police is reported having a liaison network with Nepal Police,
however, a high level arrangment is required to prevent trafficking in
girls, especially with co-ordination with Utter Pradesh and Bihar state
governments (Padsalgikar, 1996:28). The bilateral initiatives and actions
with Nepal and Bangladesh government are urged by Indians to prevent trafficking.
An alliance among the social organisations and NGOs working in these area
would be effective to prevent trafficking and prostitution that involves
minors (Mathur, 1996:34).
A study conducted in West Bengal reported that ten per cent each of the
prostitutes in Calcutta were from Nepal and Bangladesh in 1997. These
girls are generally drugged while they are trafficked from villages to
the destination. A fraud marriage help escape from police mechanism which
demands money and the share of pimps and traffickers goes down Kakarvitta,
Jogbani, Pashupatinagar, Koshi Barrage and Bhadrapur are the entry points
for getting into India from Nepal (Sinha, 1997:4,11-12). Most of the trafficked
women from Nepal are reported to be involved in commercial sex market
especially in New Delhi in Delhi, Mumbai in Maharastra and Calcutta in
West Bengal. The sex markets in UP and Bihar states Varanasi, Kanpur and
other red-light areas of Indian big cities. There is an inter-state and
the demand of sex market in India (Rozario, 1988:103). Studies on Uttar
Pradesh, Madhya Pradesh and Bihar have shown some prevalence of Nepali
women however, other states have no Nepali women or have them in a very
insignificant number.
India is generally the destination of trafficking in South-Asia, however,
there are some instances of India being a transit place for trafficking
in women in Pakistan. Sanjay-Amar Colony in the outskirts Delhi is known
as a large slum area where girls aged from eight to eighteen are procured
and sent to Pakistan with fake marriage certificates that eases the exit
and entry in the Indo-Pak border (Debabrata, 1997:22).
The Nepali literature on trafficking and prostitution are often found
arguing that the Indian sex market has a great demand for Nepali women.
Even among the Nepalis, the mangoloid faces are in great demand, therefore
trafficking from hill areas to Indian brothels has been perpetually existing
at an alarming rate is the hypotheses of Nepali NGOs working in this area.
However, the Indian literature on trafficking do not seem accepting this
hypotheses. The problem of trafficking and prostitution is acute in Andhra
Pradesh, Karnataka, Maharastra, Tamil Nadu, Rajasthan, Uttar Pradesh and
West Bengal. The states where also live the communities originally with
Mongolian faces like Sikkim Manipur, Arunachal Pradesh, Tripura, Mizoram,
Nagaland and others like Punjab, Haiyana, Jammu and kashmir, Andaman and
Nicobar, Chandigarh, Daman and Diue, and Nagar Haveli are reported with
minimal problems related to trafficking and prostitution (Mukherjee, 1997:17).
The demand for mangoloid faces could be the demand for the Indian women
with same faces and even with the same Nepali as their mother tongue.
But, why the Indian mangoloid faces women are not in trafficking and prostitution
and Nepali women are reported falling prey into this immoral and illegal
flesh trade. Two approaches could be adopted as hypotheses: i. the Indian
studies have generally ignored the Nepali origin women in their studies
of origin and destination of prostitutes; and ii. involvement of Nepali
women in Indian sex market has been exaggerated and amplified. In both
cases there is a timely need to conduct research with adequate representativeness
and appropriate methodology.
There is also a lack of joint actions among the South Asian countries.
Due to the high illiteracy, poverty and conspiration of pimps, the trafficking
in South Asia reflect a state of violence of human rights. Even the women
are coerced to be involved in prostitution. The almost women in prostitution
in developed countries might have their own consent but not these countries.
Therefore, a global generalisation regarding the cases of prostitution
would not be appropriate for South Asian and other countries where women
are deceived and pushed into the market of flesh trade.
Pakistan has also problems related to trafficing. The Lawyers for Human
Rights and Legal Aid (LHRA) is a Karachi based association working for
the trafficked men and women in Pakistan. It is also aware of the trafficking
prevalence in SAARC countries. Pakistan's trafficking problem within the
country exists from the roots in distant villages to the big cities like
Karachi, Islamabad and Peshawar. Indian and Nepali literature have explicitly
mentioned the consequences of trafficking as prostitution. The case studies
depict horrible exploitation stories in India and Nepal. But Pakistani
and Bangladeshi literature seem reluctant to mention the horrible stories
of prostitution and sex work.
Bangladeshi and Burmese women are sold in Pakistan and Pakistani women
are sold in Arabian countries. Even there are some transit points in India
to traffic children to Pakistan. Some Burmese are also found with a few
from Sri Lanka2 and Nigeria imprisoned in Pakistan (LHRA, 1996: 58-63).
A report of the camel races3 published in Dawn, on Saturday, January 6,
1996 mentions that there are several jockey boys used for the camel racing
in the United Arab Emirates (UAE). These boys aged 10-15, are trafficked
from Bangladesh, Pakistan and Sri Lanka (LHRA, 1996:50). Another report
published in The Muslim on July 9, 1992 alarms that almost 19,000 camel
kids were smuggled to UAE during preceding three year from Pakistan alone
(LHRA, 1996:46). The camel kids ae the boys, of course, but the networking
used to traffic boys could not be expected that it is not used to traffic
women and girls for the immoral purposes.
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