Human Trafficking is a heinous crime which erodes humanity and dignity of human civilization. Trafficking means transportation of people from their origin place to different destination for different purposes like prostitution, domestic servants, labors, sex slave, etc and for many other purposes. It is prohibited by every state, society and country. However, human trafficking has been a booming criminal business. People involved in human trafficking yield billions of amounts from it. It is a serious kind of organized crime which involves people in every level including lords, henchmen and runners. Therefore, there is a big racket of human trafficking criminals which should be identified and booked for their criminal activities.
Trafficking of women and children has been a serious problem in Nepal. Mostly, they are trafficked to our neighboring country India. However, nowadays, there are various destination countries of human trafficking in Middle East as well. There are various causes of human trafficking. They are:
- Poverty
- Gender Discrimination
- Lack of Education
- Lack of Public Awareness
- Attraction to Foreign Employment
- Feminization of Poverty
There are various national and international laws in practice to combat human trafficking and transportation. They are as follows:
National Laws
- Constitution of Nepal 2072, Article 29(3)
- Human Trafficking and Transportation (Control) Act, 2064
- Muluki Ain, Chapter on Trafficking
International Laws
- UN Convention on Transnational Organized Crime, 2000
- Slavery Convention, 1926
- SAARC Convention on Preventing and Combating Trafficking of Women and Children for Prostitution
One of the Landmark Cases of Human Trafficking
- Meera Dhungana Vs. Prime Minister and Office of Council of Ministers, 2068 B.S., Writ No. 2068-ws-0046
Petitioners in the case demanded that the provision in the Human Trafficking and Transportation Act to imprison the person/witness who does not cooperate in the court procedure or gives unfavorable statement in the court is not appropriate, is discriminatory and is against the Interim Constitution and therefore should be declared void. Petitioners also demanded appropriate orders in regard to witness protection.
Court Verdict:
- Ordered to review Section 15 (6) of Human Trafficking and Transportation Act and to make legal provisions to punish those who intentionally file wrong case or change statement to assault others.
- Victim to be compulsorily informed by concerned Government Attorney Office and concerned police office regarding the charge sheet, prosecution, investigation of the case by providing duplicate copy of the charge sheet.
- A separate Compensation Fund to be established and to appropriate necessary amount in the budget of fiscal year 2071/72. Witness to be provided with the amount from concerned police office.
- To provide and cause to provide security to the complainant in case if demanded by the person from the concerned office.
Forum for Women, Law and Development from its inception has been working to provide justice to the human trafficking cases survivors and has also been working on public awareness activities, legal advocacy, for updating human trafficking laws and its effective implementation. It has been continuously working with other organizations for advocacy related to human trafficking. FWLD with the help of USAID and The Asia Foundation has been organizing programs and providing legal aid under Combating Trafficking In Persons (CTIP) program for the very subject. The program includes awareness activities, discussion programs on the effective implementation of the human trafficking law, legal aid and advocacy for necessary changes in law.
