Child Sex Tourism Consent in Human Trafficking

Child Sex Tourism

Consent in human trafficking

Child prostitution

Bias in the application of police discretion

Failure to identify the victim in human trafficking

Push and Pull Factors

What theories explain trafficking in India

Measures to control

Prevention measures

Investigations / Prosecutions

India is regarded as the one of the source, transit, and a destination country for the bonded labor and child sex trafficking. The ranking of the country has been Tier 2 W. since 2005 and stayed constant until the 2010. In the year 2011 and 2012 the ranking is Tier 2. The ranking system reflects the compliance ranking of the Trafficking Victim Protection Act (TVPA) standards in the country. The tier one reflects complete compliance with the standards. However the tier two is regarding the countries that are not complying completely with the TVPA but making significant progress in terms of their implementation. The tier 2 W. denoted that the country is not completely complying with the Act however making a significant progress and is one the watch list for compliance with the absolute number of victims. There is a failure to provide evidence for increasing efforts in combating the sever forms of trafficking. The determination that the country is making significant efforts to be in line with the standards requirements and there are future steps defends to overcome the current situation in next years (U.S. Dept. Of State, 2011).

The trafficking in India is related to the internal factors and it is also internal trafficking. The most underdeveloped parts of India are the major targets of traffickers. It is observed that 90% of the trafficking in India takes place within the country and as a result the victims are forced for labor including the debt bondage. Various industries are major contributors of the debt bondage labor including the brick kilns, rice mills, embroidery, and carpet weaving are major areas of bonded labor and forced child labor. The children are also forced to work as domestic servants, beggars, agricultural workers, and other segments of the society. The women are also observed to be given a lump sum amount at the end of three years term for their dowry. The employment agencies in the region are the major contributors in luring men, women, and children against the false employment agreements and using them as sex workers.

Women and girls within the country are trafficked for prostitution. The women of Nepal and Bangladesh are also recently joined by the Uzbekistan, Ukraine, and Russia. The forced marriage agreements for female to mail child sex are also observed in the eastern states of India (Klapper, & Parker, 2011). It is also noticed that the child sex usage in Middle Eastern countries under the temporary marriages has also increased over the last few years. The eastern states are also noticing a major increase in the sex workers along with a spread of the establishments of the sex workers in urban areas from traditional brothels in order to avoid surveillance and monitoring. The willing migratory labor is also observed under the threat of ending up into debt bondage or exported out for slavery in Middle East, Southeast Asia, United States, Europe, and Caribbean.

The government requires to take sever measures for the reduction of forced labor and child trafficking. The country however is found to be doing minimum to achieve the international objectives. There had been lack of constitutional amendments and development of laws concerning the issues. The national and international non-governmental organizations are playing a vital role in providing trainings and improving the current situation. Education is also one of the major concerns in raising awareness and providing necessary rights to the population at large. The country is also facing sever circumstances in terms of food, shelter, education, and awareness for the citizen rights. It is observed that there are as many as 5000 individuals of law enforcement agencies and members of these NGOs got trained. The child labor protection act as well as the related laws for curbing human trafficking is also important. The Ministry of labor and employment, as well as law department provides funding for almost one hundred NGO in order to provide the required protection for trafficking victims. The rescued bonded labor is also increasingly large in number during the year making the mark up to 865 (U.S. Dept. Of State, 2011).

The ministry of child and women protection has allocated a large amount funds $118 million for the protection and rehabilitation of the sex trafficking victims. The Indian government is lacking behind various international standards for child labor protection, adult bonded labor protection, and shelter for the child sex trafficking victims. The government requires maintaining a high degree of involvement as well as a detailed procedure for interstate coordination in order to effectively handle the human trafficking situation within the country. There are various causes of human trafficking. It requires a detailed research and analysis of the situation to develop efficient and effective controls (U.S. Dept. Of State, 2011).

The reasons observed from various research and reports are variant. It has multiple factors including the area, living condition, legal system of the state, as well as the effectiveness of law enforcing agencies. The rackets of human trafficking also adopt various techniques to lure men, women, and children to increase their base for captivating the individuals. It is also observed that the individuals also get attracted to the charming offers due to their economic conditions as well as the lack of education also plays a vital role in developing a favorable condition for the human traffickers. The reasons cited by various NGOs are different. The area conditions and human economic activity is also one of the major reasons facilitating the traffickers. The prevention of the sex trafficking in child as well as other labor related trafficking requires government initiatives. The ministerial meetings and interdepartmental coordination is also required to combat the situation (U.S. Dept. Of State, 2011).

However at the same time the initiatives of preventive convergence-based projects in various states are also notable contribution from the governments. The Indian police and soldiers are also provided training for identifying the trafficking and prostitution. The government has also taken a keen interest in the initiative for creating awareness for the prostitution clients in reducing the demand. The central governed has taken a step forward in developing a nationwide investigation authority for the federal anti-trafficking unit set up in January 2012. The government has also provided funding to the local governments to implement a three years project for anti-human trafficking units within the police department. The units are focused in sex trafficking as well as the labor trafficking. The criminalizing of the sex trafficking victims should also be handled with care. It is observed that various cases of human trafficking include the penalization of the sex victims. It also creates a vacuum for understating the situation of these individuals and their state in which they are being used as a tool for unlawful business of the traffickers.

According to Smith (2010) the unique partners of trafficking in India are related to the operational mechanism of the rackets operating in the field. There are various tools and techniques used to lure the victims. The human traffickers also operate as an employment agency and offer lucrative benefits and employmentopportunities to the victims. They in return offer their services and get trapped in the vicious circle of these traffickers. These traffickers transport them to their desired work including the debt bonding, sex tourism, and forced labor. The groups of human traffickers operate mostly in the rural areas where there is a least level of education and employment opportunities are also scares. The women trafficking are due to the poor economic conditions and the agents of humantrafficking offer lucrative benefits. The children are also kidnaped and treated like animals in the training camps of baggers, sex tourism rackets, and bonded labors.

Recognition of problem in India is also one of the major issues as it has risen during past two years however the country has been facing serious issues in recognition. The awareness in communities livening in remote rural areas was only known to the cases when such things have taken place in their surroundings. The lack of formal education and information network resulted into creating two distinctive worlds within the country. The residents of rural areas are suppressed and least educated hence it is easier for the human trafficking agents to trap these individuals. The Indian government is also responsible for catering the minimal needs of education and controlling human trafficking. The human trafficking issue was given least importance in law making as well as policing for the concern. The government with the assistance from international non-governmental organizations, and United Nations has developed specific laws to handle the human trafficking (Hall, 2011).

The government has started taking serious actions as well as implementing the measures to reduce the human trafficking issues through strategic initiatives. The government has provided training to their personnel as well as the citizen to understand the impact of issue and identify the individuals involved in the crime. Here had been initiatives for law making as the parliament has passed laws for the child labor protection and women rights. The central bureau of investigation has also played its role in developing 107 new anti-trafficking units in various states (U.S. Dept. Of State, 2011).

It required the government officials including the police and other law enforcement agencies to take an active part in curbing the human trafficking issues. The sex, labor, women, child, house hold, and industrialized labor arte all under the cruel acts of child labor, prostitution, and forced bonded labor. The training and awareness among communities along with the strict legal action for the rackets of these activities are required to improve the situation withinthe country. The sex labor should also be segregated to provide legal protection for the victims instead of extending the harsh treatment as a sex offender. The improvement of laws related to the sex laborers and forced victims of sex trafficking is required to improve the situation (Hartjen, & Priyadarsini, 2012).

Definition:

The international tourism is noted as grown many folds since the economic growth in 1960s. The developing countries gain economic leverage from international tourism. The sex tourism is also one of the reasons for growth in tourism is numerous countries including Thailand, Malaysia, India, and Philippines. It is also observed that 2% to 14% of the GDP is produced from sex tourism in these countries. The increased sex tourism is generated through the ease to travel in these destinations as well as the poverty in the countries lures the travelers to take advantage of the situations. The government corruption and weak legal system encourages the travelers to use internet in recruiting the child sex tourism victims (Aronowitz, 2009).

One of the major purpose of the sex tourism is to consummating a commercial sexual relationship with an under aged victim. The involvement of western men in such acts is observed. The developing nations have a vulnerability of children that is exploited by these tourists including the poverty of their victims. The child abuse in his/her home country as well as the importing of the victims form other poor countries for the purpose of child sex tourism is major causes observed as the cases are investigated. It is noted that even United Nations does not recognize the child sex tourism as a category of human trafficking. The occurrence of child sex trafficking is also present in the developed countries and tourist cities of United States (Aronowitz, 2009).

According to Aronowitz (2009) the patterns in child sex tourism have found that the tourists of Mexico and United States often travel of the Asian countries to exploit the children for sexual desires. The African countries including Kenya are the hot beds of child sex trafficking. The Kenyan coast is famous for enabling the tourists to exploit children for sex as they have the provision of having 10,000 to 15,000 girls available for prostitution. The Sex tourists do not prefer to travel far from their home countries and mostly they prefer to travel to Central American and Latin American countries including Cost Rica and Mexico. The Dominican Republic, Brazil, and Porto Rico are the preferred destinations of American and Canadian child sex tourists. The European sex tourists are fond of traveling to African countries such as Cameroon, Gambia, Ghana, Morocco, and South Africa. The Asian sex tourists remain within their area to exploit child sex victims.

There are also different types of child sex tourists including the situational that travel with a non-intent of having sex with children but in case of a favorable opportunity they tend to take advantage of the situation. The second type is referred to the preferential tourists that travel with the sole intent to abuse children and they also take residence in the preferred country. The offenders also take a role in the society including the teachers, aid workers, and personnel of charitable organizations that allow them to come in close contact with the children. The taking up of jobs with the South Asian countries is relatively easier for the sex tourists and also allows them to take an active part within the most primitive societies (Aronowitz, 2009).

Sithannan (2006) declares that India is dealing effectively with the child sex abusers through Indian Penal Code and Immoral Traffic prevention act 1956. However it is not the case, the Act requires updating as well as inclusion of some clauses that are not present in the former Act. It also requires that the Act is updated and made according to the latest requirements of the society. The updated law is tabled in the parliament on 11th May 2006. The Goa Children's Act 2003 is the first effort of any Indian state government to enact the law required to tackle issues of child trafficking and usage of children as sex workers. The grave sexual assault and sexual assault are described separately in the act. The children of the age under 14 years are not allowed to enter cyber cafe and children will not be allowed to use unfiltered internet. The hotels or any facilities providers for tourists are held responsible for the children in their premises.

The research Sithannan (2006) further highlights the significance of recommendations for prevention of children trafficking in India. The state should provide free education to the individuals up to 14 years of age without any discrimination. The schools should highlight the issues of children trafficking and educate children. The civil society and NGOs should also be trained to batter identify the issues of human trafficking. The publicity and awareness within the society is also crucial in order to inform the communities with their rights and available remedy in case of any incident of child abuse. The local police and trade unions, NGOs, industries, and labor unions within the society should all come together and play their role in creating awareness and implementation of the child protection laws.

Discussion:

The sex tourism is one the issue that has been highlighted after the increased tourism in developing countries. The individuals have a specific motive for traveling and tourism. It is noted that the geographical borders are not applicable for the child sex abuse as the rackets are using children from rural parts of the same country as well as the imported from close countries. The poverty of the victims is one of the most influential factors helping the facilitators to charm the victims. The victims are offered jobs with benefits however when they reach their destinations it is observed that they had to bare the type of jobs they are offered including the sex abuse. The consent in human trafficking has a pivotal role and it is discussed in the later section. The child prostitution, the bias in police direction and application of the legal framework in capturing the human trafficking gangs are also notable points discussed in detail. Furthermore the failure of law enforcement agencies and civil society in identifying the victims of human trafficking are also elaborated in the section (Padilla, Guilamo-Ramos, Bouris, & Reyes, 2010).

Consent in human trafficking:

The consent is treated as a hiding point for the human traffickers and people involved in the unlawful acts of human abuse. The human beings in certain cases of suppression and economic conditions might extend their consent for the unlawful activity. However the consent sought under the economic conditions, abuse, and sever pressures cannot be put forward as a justification for the activities of the offenders. The child sex tourism cannot be allowed under the consent of their victims. It is illegal for underage children to be used for any kind of labor even with their consent. The under 14 age of children cannot have sex even with their consent. According to U.S. Dept. Of State (2011) it is also observed that the children used for sex tourism and abuses are given vet medicine for looking healthy and above their age. It is essential for the law enforcement agencies and law makers to declare that underage sex with or without consent is treated similarly (Seale, 2011).

Child prostitution:

The child prostitution in India is also becoming a notable issue as not only girls but boys are also exploited by the child sex tourists. The child sex tourists include men and women of the developed countries having strict laws in place within their own countries (Sircar, & Dutta, 2011). They tend to focus their attention in the cheap sex markets of developing countries including India. The benefits of cheap sex markets are also coupled with vulnerable children as well as corrupt government systems. Moreover the legal system of the countries also allows the child sex tourists to exploit the situation. Hence it is recommended that the civil society, non-governmental organizations, and governments work together to develop laws and implement strict controls for human trafficking especially the child sex tourism.

Bias in the application of police discretion:

The police discretion and availability of numerous provisions is also a major issue in developing countries posing issues for the legal system top function appropriately. The police system in India is entangled with political influence. Hence the non-availability of independent system allows the police to hide their own corruption under the umbrella of politicians. The system also allows the police of India to reflect their bias in cases of sexual abuse in such a way that the innocent victims of sexual assault are regarded as professional criminals and sex workers. It is required that the Indian law in amended and the legal age for consent should be declared up to 16 years. The availability of discretionary powers in police and the legal system allows the sex tourists to take advantage through bribe or influencing police (Devine, Bowen, Dzuvichu, Rungsung, & Kermode, 2010).

Failure to identify the victim in human trafficking:

The increasing number of human trafficking victims is due to the fact that the awareness in community as well as the law enforcement agencies is not present. It is noted that the individuals living in the poor economic condition within the rural areas tend to be attracted by the well dressed and notable people coming in the form of preachers, agents of employment agencies, and aid workers. They lure the uneducated communities living in those areas through their attractive salary and benefits packages. There are also various reasons for not identification of the victims of human trafficking as the domestic slavery and others forms of underage employment is a common practice in India (Mathias, & McCabe, 2010).

The legal system should be improved to cater the distinctive requirements and segregate the human trafficking and child sex tourism victims. The police officers in most affected areas including the NGOs personnel, community workers, members of the society, and notable influential individuals of the areas should be taken on board and provided significant training to identify the human trafficking victims. The availability of information, shelters for the victims, and awareness in the community can all contribute in improving the situation currently faced by India (Hartjen, & Priyadarsini, 2012).

Push and Pull Factors:

The market demand and supply are basic elements of any market-based commodity. The slavery and child sex tourism is also based on the demand and supply known as the push and pull factors of the economy. The factors influential in creating an increased notion for tourism in developing countries has also consistently played its part in increasing the sex tourism. The population of the world is increasing consistently and the most of the developing nations are facing fierce challenges in coping with the health, economy, food, and education of the masses present in rural areas. The increasing demand for economic growth and persistent slow economy in the countries with under developed system allows the travellers of developed nations to exploit the gap between the legal and systematic requirements.

According to Liborio, andUngar (2010) the profiles of the child sex workers are also a pointing variant in defining the push and pull factors for child trafficking. The sex industry demands a young sex worker and as a result the children are forced and encouraged to enter into the sex industry. The customers of sex workers and tourists demand a younger child for sex and as a result the payment for the sex is also increased. The sex workers and children from economically low areas and backward areas also cater the needs of the market. The children can be lured on a minimal amount of money as a result they become a lucrative target for the child sex tourists. It is also particular in terms of Indian scenario that the communities living in poverty are vulnerable and could be easily lured. It includes the ones with large number of family members and least government support for adequate education, food, shelter, and health enables the sex tourists to target children and exploit them.

What theories explain trafficking in India:

According to Bales (2006) the contemporary theory of slavery is based on the traditional features of slavery and does not change the existing standards of slavery. The theory is also consistent with the enslavement, state of control, and usage of tools for exercising these controls. It also includes using violence to exercise control as well as potential violence that could be used to increase the control. The lack of compensation for the economic gain or any tangible benefits for the slaves to improve their current state of the economic affairs is consistent factors that are used in contemporary and traditional theories of slavery. The types of slavery are consistent with the theory of traditional and contemporary nature. It is also observed that the occasional expectations including the gifts and remuneration beyond subsistence are also consistent in the theories.

The fundamental feature of the slavery is the illegitimate control of a person over the other which can be potentially a violent situation. The theoretic framework also persists that the slavery is termed as a social, emotional, and economic relationship. The point of reference of slavery can be considered as the determiner of the slavery. The trafficking in India is explained through the theory of contemporary slavery as the development of child sex tourism is also through the demand and changing nature of the global legal and economic state.

The theory of contemporary slavery is also one of the notable additions to the existing classification of slavery. The changes have occurred in various aspects of the human life. However the contradictions in the economic system, usage of human beings for the illicit advantages and slavery has not changed much over the course of time. It is also observed that the changes occurring through the international and national legal framework is also playing a minimal role in reducing the amount of slavery as well as the violent amount of control exerted by the masters of salves. The unique consistency in the approach and mechanism of slavery has eased the understanding of slavery as a consistent factor present under economic, social, and emotional conditions.