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Intercultural Human Rights Law Review

First Page

373

Abstract

India, one of the largest democracies in the world, has constitutionally prohibited traffic in human beings and has enshrined the right to be free from exploitation as a fundamental right of every person. India also was one of the earliest parties to the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, and it claims to have implemented this treaty within its domestic legal system through the Suppression of Immoral Traffic in Women and Girls Act (hereinafter "SITA") of 1956, subsequently amended and renamed the Immoral Traffic (Prevention) Act (hereinafter "ITPA") of 1986. Still, it is widely reported that in India thousands of girls and women are trafficked every year for the purpose of commercial sexual exploitation, and they are forced to work and live in conditions of slavery. Most of these victims, some as young as 10 to 14 years old, are from segments of society that are highly marginalized by caste and tribal discrimination, as well as socio-economic deprivation. Other victims are trafficked from neighboring countries, including Nepal and Bangladesh. The rapidly growing number of these victims living in brothels in India reflects rampant violations of domestic laws as well as India's commitments to international human rights treaties. The Indian Supreme Court, known throughout the world for its judicial activism, could address this problem more effectively by adopting a less biased attitude than it has shown to date. It could play a pivotal role in preventing this large-scale atrocity, as it could develop helpful solutions to the problem by interpreting international and domestic laws objectively and applying them accordingly. This paper argues that the legally untenable and insensitive approach of the Indian Supreme Court has contributed to the marginalization of the problem of trafficking in women and girls. The Court's prejudicial attitude toward the victims of prostitution, and the discriminatory interpretation and application of existing laws needs to be changed. More objectivity in the Supreme Court's approach will likely bring us closer to the ideal of justice and the protection of the basic human rights of the victims.

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