SPEECH A society that is unable to respect, protect and nurture its women women and childr children en loses loses its moral moral moorin moorings gs an and d ru runs ns adrift.1 I am here ere to spea speak k on var vario iou us crim crimes es again gainst st women omen and children. But before anything else it is important to elaborate what this crime crime against children and women! women ! constitute. Crime" the th e intent intention ional al commis commissio sion n of an act usuall usually y deemed deemed social socially ly harm harmfu full or dang danger erou ous s and and spec speci# i#ca call lly y de#n de#ned ed"" proh prohib ibit ited ed"" and punishable under criminal law. $n a semantic or psyc psycho holo logi gica call leve levell th the e term term Crime! Crime! per pertain ains to any in in%u %urry in&i in &ict cted ed dire direct ctly ly or in indi dire rect ctly ly caus causin ing g phys physic ical al or ment mental al in&iction. Similar to what we understand of violence. 'iolence is also known as abuse and includes any sort of physical aggression or misbehavior. In broad terms" it includes threats" se(ual abuse" emot emotio iona nall abus abuse" e" cont contro roll llin ing g or domi domine neer erin ing" g" in inti timi mida dati tion on"" stalking" passive)covert abuse and economic deprivation" rape" abduction" kidnapping" murder etc.. *hen either of the two is directed speci#cally against women or children in which only thes th ese e tw two o memb member ers s of our our soci societ ety y are are vict victim imi+ i+ed ed"" th they ey are are termed as ,Crime ,Crime against Women and Children-. Children-. 'iolence against against women In the ancient Indian women held a high place of respect in the society as mentioned in igveda and other scriptures. 'olumes can be written about the status of our women and their heroic deeds from the vedic period to the modern times. But later on" because of social" political and economic changes" women lost
1
/he Hindu0 $pinion Sept" 12 3413
their status and were abindranath /agore said5
relegated
to
the
background.3
"0 Lord why you have not given woman the right to conquer her destiny, why does she have to wait head bowed, By the Roadside, waiting with tired patience, hoping for a miracle in the morrow" 'iolence against women is not a new phenomenon. *omen have bared the burns of domestic" public" physical as well as emotional and mental violence against them" and it still continues. /he statistics of increasing violence against women is shocking. 6s per the 7ational Crime ecords Bureau" Crime in India Statistics during the year 3418" incidences of crime against women all over India were 8"49"2:; out of which only 8"44"82< were reported and only 3:= of these constitute the conviction rate. ecently the brutal gang rape against 38 year student in >elhi again sparked the debate on Indian mental set up and e(isting law and order in the Country. *ell" the present legislative system has incorporated various legislations for safeguarding the violence against women. /he principle of gender e?uality is enshrined in the Indian Constitution in its Preamble" @undamental ights albeit 6rticles
2 6runa
Aoel" !iolence and rotective #easures for Women $evelopment and %mpowerment" >eep >eep Publications" 7ew >elhi" 344:.
1:8" 12:" 1;2" @undamental >uties enshrined in 6rticle 89aD dD ; and >irective Principles as in 6rticle :3 <. /he Constitution not only grants e?uality to women" but also empowers the State to adopt measures of positive discrimination in favor of women for counterbalancing the cumulative socio economic" education and political disadvantages faced by the women. *ithin the framework of a democratic polity" our laws" development policies" Plans and programs have aimed at women!s advancement in dierent spheres. India has also rati#ed various international conventions and human rights instruments committing to secure e?ual rights of women. /he bedrock of our penal system" IPC" prescribes punishment for rape u)s 8<2" 8<;D" Fidnapping and abduction u)s 8;;" 8<3 and 8<8D" >owry death u)s 84:B and :9G6D" matrimonial oences u)s :98 to :9GD" molestation u)s 82: and 82:BD and importation of girl u)s 8;;BD. 6lso" article 38 of the Constitution of India prohibits traic in human beings. Even in this modern era" where women in India are given freedom right such as freedom of e(pression e?uality as well 3 6rticle
1:" confers on men and women e?ual rights and opportunities in political" economic and social sphere. 4 6rticle
12" prohibits" discrimination against any citi+en on grounds of religion" race" caste" se( etc. 5 6rticle
1;" provides for e?uality of opportunities matters relating to employment or appointment to any oice under the state. 6 6rticle
89aD dD" mentions policy security of state e?uality for both men and women the right to a means of livelihood and e?ual pay for e?ual work for both men and women. 7 6rticle
:3 >irect the State to make provision for ensuring %ust and humane conditions of work and maternity relief.
as the right to be educated" various prestigious positions" some problems such as dowry" domestic violence" se( selective abortion" female infanticide are still prevalent. In the simplest of words it is basically the creation of an environment where women can make independent decisions on their personal development as well as shine as e?uals in society. /his can only happen if there is a channeli+ed route for the empowerment of women. Child /raicking /raicking in general refers to the passage of goods and commodities from one person to another for an e?uivalent amount in goods or money. It also refers to buying and selling" especially illicit trade. /oday the scenario is such that there is not only traicking in goods and commodities but also in human beings especially of children and women. /raicking in children has become a serious national and international concern. nder international law" child traicking is a crime involving the movement of children for the purpose of their e(ploitation.G Child is a person who has not attained the age of 1G years. 6ny child who is vulnerable to traicking is considered a ,person in need of care and protection- under the Juvenile Justice Care and Protection of ChildrenD 6ct" 3444JJ 6ctD. Kaw enforcement agencies are duty bound to rescue such children" produce them before the Child *elfare Committee and e(tend all care and attention. 6 detailed de#nition of traicking is available in the Aoa Children!s 6ct" 3448. /hough it is focused on child traicking" the de#nition is comprehensive. nder section 3 +D" ,child /he concept is de#ned in the 7 Protocol to Prevent" Suppress and Punish /raicking in Persons" especially *omen and Children" of 3444 known as the /raicking Protocol. It supplements the 7 Convention against /ransnational $rgani+ed Crime. 8
tra&ic'ingmeans ,the procurement, recruitment, transportation, transfer, harboring or receipt of persons, legally or illegally, within or across borders, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of giving or receiving payments or bene(ts to achieve the consent of a person having control over another person, for monetary gain or otherwise-.
S.01 FACTORS
o"ert# Femae Foeticide / +nfanticide Chid marriage Nat!ra Disasters
DEMAND FACTORS
Migration Hope for jobs /
marriage Demand for cheap
abo!r Enhanced
easons @or Child /raicking
23oods4 c#cones
"!nerabiit# d!e to
etc*5 Domestic "ioence .nempo#ment 0!re of job /
and mar$et b# se& tra'c$ers for
marriage %ith fase
(e&perimenta) and
promises Domestic ser"it!de Traditiona /
Reigio!s prostit!tion
2De"dasi5 0ac$ of
ac$ of a%areness Creation of need
TRAFFICKIN
(tender) se&* Se& to!rism +nternet
pornograph# Organi,ed crime generating high
/he impact of traicking on the individual" most importantly the child is a largely neglected area. /raicking has psychological" physiological" emotional and other traumatic conse?uences. However" the most alarming cause and conse?uence of traicking in children is that of HI' and 6I>S. In India over the last decade" the volume of traicking has increased. /hough the e(act numbers are not known" yet it is the most lucrative criminal trades. India is a source" transit and destination country for women and children traicked for the purpose of se(ual e(ploitation. In India a large number of children are traicked not only for the purpose of se(ual e(ploitation but also for other forms of e(ploitation that includes servitude of various kinds" such as" domestic labor" industrial labor" agricultural labor" begging" organ trade and false marriage.9 In 3442" a study was conducted by the 7ational Human ights Commission 7HCD they found that India was fast becoming a source" transit point and destination for the traicking of women and children for se(ual and non0se(ual purposes.
>r. P. L. 7air" /raicking women and children for se(ual e(ploitation!" handbook for law enforcement agencies in India. 7I@EL. 9
6ccording to the statistics provided by 7ational Crime Bureau during the year 3418" <199 cases of kidnapping and abduction were ?uali#ed as form of traicking and reported to the police. IPC safeguards the traicked victim against various wrongs and violations. 6s a typical e(ample" under the Indian Penal Code" a traicked girl child has been sub%ected to a multitude of violations. She has been5 •
• • • •
• • • • • • • • •
• • •
>isplaced from her community" which tantamounts to kidnapping)abduction Sections 8;1" 8;3" 8;2" 8;; IPC may applyD. Procured illegally S.8;; 6 IPCD. Sold by somebody S.8<3 IPCD. Bought by somebody S.8<8 IPCD. Imported from a foreign country if she hails from a foreign country" or even from J F State" and is under 31 years of age M S.8;; B IPCD. *rongfully restrained S.889 IPCD. *rongfully con#ned S 8:4 IPCD. Physically tortured)in%ured S.83<" 839 IPCD. Sub%ected to criminal force S. 824 IPCD. Lentally tortured)harassed)assaulted S. 821 IPCD. Criminally intimidated S.24; IPCD. $utraged of her modesty S 82: IPCD. aped)gang raped)repeatedly raped S 8<2 IPCD. Sub%ected to perverse se(ual e(ploitation unnatural oences!D S.8<< IPCD. >efamed S :99 IPCD. Sub%ected to unlawful compulsory labor S.8<: IPCD. 'ictim of criminal conspiracy S 134 B IPCD.
/his list is only illustrative and not e(haustive. ndoubtedly" in every case" the traicked person is a victim of at least one or more of the violations listed above.
/he Immoral /raic PreventionD 6ct14" herein I/P6" also plays a signi#cant role in safeguarding children from traicking.
Procuring" including or taking persons for prostitution >etaining a person in premises where prostitution is carried on Prostitution is or visibility of public places Seducing or soliciting for prostitution Kiving on the earnings of prostitution Seduction of a person in custody and Feeping a brothel or allowing premises to be used as a brothel.
Child Kabour Prohibition and egulationD 6ct" 19G; Prohibits employment of children in certain speci#ed occupations and also lays down conditions of work of children. Information /echnology 6ct" 3444 Penali+es publication or transmission in electronic form of any material which is lascivious or appeals to prurient interest or if its eect is such as to tend to deprive and corrupt persons to read" see or hear the matter contained or embodied therein. /he law has relevance to addressing the problem of pornography. Juvenile Justice Care and Protection of ChildrenD 6ct" 3444.
Enacted in consonance with the Convention on the ights of the Child CCD and Consolidates and amends the law relating to %uveniles in con&ict with law and to children in need of care and protection.
10 1956
/he law is especially relevant to children who are vulnerable and are therefore likely to be inducted into traicking.
6wareness at the local level" in the community through workshops" songs" drama" poems" meetings" lea&ets and posters especially in the rural areas is also re?uired. /he role of gender in daily life and training programs and activities for gender sensiti+ation must be conducted by 7A$s. /he government must launch media campaigns that promote children!s right and elimination of e(ploitation and other forms of child labour. Police advocacy is an important intervention that has to be #ne0tuned. $nly introducing various laws will not solve the problem" there has to be proper implementation of the laws as well. Loreover" the education of every child has to be made compulsory. /here is also the need for strict surveillance and constant follow ups to check that no child is engaged in any sort of work whether domestic or others. /here is an urgent need for a global response to this problem including structures for cooperation between authorities and within and between countries. /hough it seems that human traicking" especially those of children might continue to e(ist" yet one must not discontinue the endeavour to curb it. Child Se( atio Human population e(hibits de#nitive characteristics in terms of its se( composition. Se( ratio is a direct indicator of women!s status and welfare. India is one of the few countries in the world where males outnumber females. /he se( ratio of Indian population in the century has shown a secular0declining trend. /he overall se( ratio N the number of females per 1"444 males N is falling across the world. *hile the global se( ratio was 9G;
females per 1"444 males in 3414" it reduced to 9G: in 3411. IndiaOs child se( ratio 40; yearsD dipped to91:" the worst since the countryOs independence but the overall se( ratio of the country has increased by < points M from 988 3441D to 9:4 3411D. /he increase cannot be taken as growth because of the dangerous imbalance in the 40;category M termed the feeder category M any improvement in the adult se( ratio could only be temporary. /he ratio at age group 40; is not only because of female foeticide abortion aecting the se( ratio at birth but also due to neglect of girl child leading to higher death mortality rates among girls. *hile there has been a modest reversal in the trend of declining se( ratios over the past two decades" the latest census results of 3411 reveal an alarming drop in the child se( ratio to 91: girls per 1"444 boys" from 93< girls per 1"444 boys in 3441. /he reasons as observed by various surveys are5 Strong Urge to have a son child M 6 son is still the man who will carry on the family name and take care of old parents. Economic Considerations 0 7et wealth out&ow on raising the girl child and on her marriage is considered as a heavy investment leading to loss. 6lso" despite the anti0dowry act" the menace of dowry death has increased in many states. In this way" a daughter becomes an unavoidable socio0economic burden. Socio-Economic Activities M >espite women marking their achievements in various #elds there lies a huge discrimination leading to fall in the child se( ratio. 6 sons! utility is re&ected in the economy of family labour provided by him on the farm or in the family business" earning a wage and salary through mobility" looking after old age parents and also attracting dowry. /his reveals that a son is a most valued asset to the family. *hereas" girls are not given such opportunities to perform all these activities" instead" a perception of economic liability is highly
attached with daughters. /his has resulted in widespread practices of se( selective abortion. /o what e(tent women will participate in the various economic activities is decided by the hierarchical power structure" where man is the boss and decider. In consideration of the same" the legislation has incorporated various laws to overcome such issues. 6part from the main legal 6cts connected to female foeticide" legislations such as >owry Prohibition 6ct" 19;1 and the Prohibition of Child Larriage 6ct" 344; also seek to penalise the perpetrators of these social evil. /he Pre0conception and Prenatal >iagnostic /echni?ues Prohibition of Se( SelectionD 6ct" 199: bans the use of se(0 selection techni?ues before or after conception as well as the misuse of pre0natal diagnostic techni?ues for se(0selective abortions and to regulate such techni?ues. Cogni+able" non0bailable and non0compoundable are the oences under the P7>/ 6ct. Cogni+able is oence" for which police may arrest without a warrant. nder non0bailable oence" bail may be granted only by competent court. 7on0compoundable oence is an oence in which" no settlement between the parties is possible to drop the criminal proceedings. 6s a part of the measures taken to change the mind set of society" Aovernment of India has been implementing on a pilot basis >hanalakshmi!" scheme for incentivising birth of the girl child and encouraging families to place a premium on her education and development through Conditional Cash /ransfer schemes. /he Aovernment has also undertaken a number of initiatives for socio0economic empowerment of women to help them make informed decisions and for change of the mind sets. 6lso" to create national awareness on issues relating to girl child" in 3449" Linistry of *omen and Child >evelopment has declared January 3: as the 7ational Airl Child >ay.
/here has been a great deal of hue and cry over the declining child se( ratio. /he simple answer is that in our society" the socioeconomic and cultural fundamentals have been always against our female population. 7ow the time has come that the state needs to facilitate a change in fundamentals" directing programmes in the spirit that the woman brings human life up so we all should bring her up. 6ctually too much legislations and 6cts are not needed" what is needed is to change social behaviors. Concluding Statement ,)he history of man is the history of crimes, and history can repeat* +o, information is a defence* )hrough this we can build, we must build, a defence against repetition*- 0 Simon *iesenthal Inspite various legal frameworks the crime and in%ustice towards children and women continue their e(istence and are e(panding their roots in the society. Presently more acts or statues to curb this scenario are not re?uired. But the government has to convey its intention to crack down on crimes against women and children to its oicials and the police. 6lso" it is the duty of every citi+en to spread legal awareness.
