Undocumented Migration: Review Of Human Trafficking From Nepal To India

Introduction

According to the modern and progressive world, slavery does not exist anymore but if we look closely, then we will find that it exists in other varied forms. One of them is human trafficking.  According to Palermo Protocol United Nation 2000[1][2]which is a protocol developed to prevent, supress and punish trafficking in person defined the term as -, “trafficking is defined as – the recruitment transfer potation, harbouring or receipt of person, by means of threat or use of force of deception, where there is abuse of power or of position of vulnerability or of giving of payment or benefits to achieve the consent of person for the purpose of exploitation. And exploitation should include at a minimum the exploitation of prostitutes of other or other forms of sexual exploitation, forced labour slavery or practices similar to slavery, servitude or the removal of organs” (United Nations Human Rights Office of the High Commissioner 2000). So, through thisarticle, researcherattempts to unfurl the current and ongoing human trafficking in and from Nepal to India.

History of Trafficking from Nepal to India

 Sunil Kumar Joshi and Katarina Swahnberg (2012)[3]in their study on “Trafficking of women and girls from Nepal to India for prostitution: what is known about its history, nurturing factors, health effects and prevention”, trace Nepal’s trafficking history since mid-19th century to 20th century. First of all, in the 19th century, Nepal was under the reign of Rana[4][5] ruling class and this particular ruling class kept “Tamang girls”[6]. These girls who belonged to Janajati[7][8][9]tribe served as prostitutes, concubines and servants in the palaces of Kathmandu, capital city of Nepal. But later in 1950, as the Rana rulers were overthrown, they escaped to India along with their concubines, prostitutes, and servants.  After settling down in India, as these once “Tamang Girls” started to age, the ruling class then sold these women to Indian brothels to work as prostitutes. With the nemesis of Rana ruling class in Nepal, the pimp (a man who controls and arranges for prostitutes for clients) supplied prostitutes to the erstwhile rulers later on established relationships with Indian brothels, especially in Kolkata and Mumbai[10]. Secondly, in the 1980s, as Nepal saw success in the field of carpet industry, these labour contractors of Nepal then brought young girls into carpet business as child labour. Apart from being child labour and getting exposed to toxic working environment they were subjected to sexual abuse and prostitution. As the labour contractors who had contacts with traffickers often sold these young girls mostly to Indian brothels[11].

If we look back at history from Indian perspective, then one can see that after India and Nepal gained independence from British Empire, India and Nepal signed Treaty of Peace and Friendship in 1950[12][13] and had amicable relationship. It was this treaty that facilitated “both the free movement of people and goods” between the nations[14]. But at the same time the India and Nepal national border also became prone to several illegal activities, that included trafficking and smuggling, with Nepal obviously being the country of origin and India being the country of destination.

According to news from World Politics Review[15], it interviewed “3 Angels Nepal”[16], an anti-trafficking charity, that gave an account that more than thirty thousand people are trafficked every year from Nepal to India for domestic help, for massage parlours that also functions as brothels and adult entertainment industry, flesh and organ trade. And the age of victim varies from 8-year-old to 25-year-old[17]. Then news and reports gathered from Indian sources, that is Sashastra Seema Bal (SSB)[18], an armed border forces under Ministry of Home Affairs gave an account how number of Nepalese women rescued at India – Nepal border has only increased in last few years. The number of women rescued were 108 in 2013 and it increased to 607 in 2017[19], which also highlights that how the number of victims are increasing each year. Then, according to National Human Rights Commission of Nepal (NHRC) of Nepal[20][21], it has been found that 35 000 Nepalese women have been trafficked to India from 2018 to 2019, and on an average nearly 50 women are trafficked each to India from Nepal[22]. And currently, more than one and half million Nepalese women are at risk of being trafficked. Then, SSB also reported that, out of 75 districts of Nepal 26 of them suffer severely from trafficking issue[23].

Causes of Trafficking

In case of human trafficking in Nepal, there are few push and pull factors that been identified as driving forces behind human trafficking mechanism. These factors are poverty, foreign or abroad migration, and lack of employment opportunities. As girls from middle-class families or lower-middle-class families are trafficked on pretext of lucrative jobs, with high salaries and better standard life in India (as India not only act as a destination but also as a transit country to Gulf countries because of India’s flexibility in providing visas)[24][25]. Then through AlJazeera news report[26], two other push factors have been identified. They are economic instability in Nepalese villages and political conflict within the country that forces Nepalese people to migrate from rural to urban areas in search of better opportunities. Unfortunately, these migrants often become the target for traffickers. They convince migrant families by luring them with their daughter’s first job’s salary and assures that the victim (or the girl) will receive this same salary in the future as well. Thus, being completely ignorant of the motives of the trafficker, migrant families believe and give their daughters away to the traffickers as they see a possible, steady income in the future[27]. Apart from that, lack of infrastructure, social heteronormative norms such as women and girl child devaluation in Nepalese family, lack of access to basic needs and civic amenities, ignorance of trafficking, illiteracy, globalization and urbanizations are the other push factors for trafficking.

In case of the pull factor of trafficking, these young girls are associated with traffickers and clients involved in the flesh/organ trade[28]. Firstly, Nepalese girls or women are trafficked mostly due to their fair complexion which is in great demand among Indian clients[29]. Secondly, importing girls from Nepal is considered safer, since these girls are innocent, they do not know about Indian laws and policies, as compared to an Indian prostitute. Therefore, they are less likely to complain to a police officer. Thirdly, Nepalese prostitutes are mostly sought after among Indian clients because they are less likely to suffer from HIV, AIDS or other sexually transmitted diseases[30].

Consequences of trafficking on Women

As identified by Sunil Kumar Joshi and Katarina Swahnberg (2012) in their study, that consequences are mostly health-related (both physical and psychological). It has been observed that – the direct health consequences included exposure to HIV and trauma related to sexual and physical abuse. The long-term complications included sexually transmitted disease complications, ectopic pregnancy, AIDS, and cervical cancer[31]. Whereas direct psychological consequences involved – PTSD (Post Traumatic Stress Disorder), depression, substance abuse, “psychological burden” of rape and sexual abuse (Sunil Kumar Joshi and Katarina Swahnberg,2012)[32]. And in case of indirect consequences are – as compared to non-trafficked prostituted the trafficked prostitutes find it extremely difficult to gain access to healthcare facilities. Secondly, many of prostitutes who contract HIV are sent back to Nepal. It then becomes very obvious that those women or girls will take up the same profession in Nepal as they are socially deemed as improper to do any other jobs. Thus, with the burden of these disease and entering the same profession again, these women often end up or even attempt to commit suicide, as they are suffering from multiple health disorders[33].

Conclusion

Even both Indian government and Nepal Government is aware of the severity of the situation and several changes have been made in the laws of India and Nepal to avert and eradicate the situation. But still, it is only on paper and the situation still remains grim. Therefore, it is advised that a strong system of legal policies, amendments, and effective strategies at grassroot level are the need of the hour, as it will help in extending the hand of safety towards those victims who are waiting to free and are waiting to be migrated back to their home country. As the situation is extremely sensitive, it is of vital importance that both governments of India and Nepal address the existing gaps in the management of the India-Nepal border by implementing stronger Standard Operation Procedures (SOPs)[34].

Stronger SOPs should include – firstly, demarcation between the physical and psychological indicators that will help in identifying the victims who are being trafficked. Secondly, it should help in setting up enquiry at cross-border migration to look at the legitimacy of the migration.  Thirdly, SOP should include further collaboration with immigration authorities, lawyers, medical personnel, and NGOs at the border to help the victims as well as prevent other women from being trafficked. Fourthly, SOP should involve the verification of documentations during cross-border migration as it will help in identifying the traffickers. And lastly, SOPs should include and involve psychological support, safe homes, and rehabilitation centers to help the victims overcome their trauma and start their life afresh[35]. Therefore, if these things are taken care of then with help of SOP, we will not only look into the trafficking chain but will also be able to eradicate them.

Richa Kundu is an avid reader, fond of history, gender, feminism, mythology and religion. She is a demographer and gerontologist by training. Currently, she is pursuing her law degree at  Oxford Brookes University and at the same time she is also interning with GRFDT in the forum of “The Migration news” and working as a Demographer/Migration scholar under Migration Health South Asia (MiHSA), Global Policy Institute, Queens Mary University of London and wishes to make a future as a barrister and demographer.

References:

[1]https://www.hstoday.us/exclude-from-homepage/the-trafficking-of-nepals-girls-into-india-a-narrative-study/  accessed on 29th May 2021.

[2]https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx  accessed on 29th May 2021.

[3]https://www.researchgate.net/publication/253236575_Trafficking_of_Women_and_Girls_from_Nepal_to_India_for_Prostitution_What_is_Known_About_its_History_Nurturing_Factors_Health_Effects_and_Prevention accessed on 29th May 2021.

[4]Liechty, M. (2005). Carnal Economies: The Commodification of Food and Sex in Kathmandu. Cultural Anthropology, 20(1), 1-38. Retrieved June 5, 2021, from http://www.jstor.org/stable/3651575  accessed on 29th May 2021.

[5] MAMK .(1997). Mahila Attama Nirvar Kendra, Melamchi, Sindhupalchowk.

[6]Shyangtan, S. (2020). Schooling experiences of Tamang girls in Nepal. Journal of Education and Research, 10(2), 76-97.

[7]https://en.wikipedia.org/wiki/Human_trafficking_in_Nepal  accessed on 29th May 2021.

[8]https://pragya.org/assets/images/publications_media/Publishing-Pragya_Trafficking_Nepal.pdf  accessed on 29th May 2021.

[9]https://www.vifindia.org/sites/default/files/Janjatis-in-Nepal.pdf  accessed on 29th May 2021.

[10]https://www.researchgate.net/publication/253236575_Trafficking_of_Women_and_Girls_from_Nepal_to_India_for_Prostitution_What_is_Known_About_its_History_Nurturing_Factors_Health_Effects_and_Prevention accessed on 29th May 2021.

[11]ibid.

[12]https://www.orfonline.org/expert-speak/need-integrated-sops-combat-human-trafficking-along-india-nepal-border/ accessed on 29th May 2021.

[13]https://mea.gov.in/bilateral-documents.htm?dtl/6295/Treaty+of+Peace+and+Friendship  accessed on 29th May 2021.

[14]ibid.

[15]https://www.worldpoliticsreview.com/insights/25630/the-danger-of-human-trafficking-is-no-secret-in-nepal-why-is-it-still-so-common accessed on 29th May 2021.

[16]ibid.

[17]ibid.

[18]ibid.

[19]ibid.

[20]https://blogs.lse.ac.uk/socialpolicy/2020/10/20/india-and-nepal-must-develop-a-formal-agreement-to-prevent-human-trafficking/#:~:text=Nepal%20is%20an%20important%20source,35%2C000%20Nepali%20citizens%20were%20trafficked  accessed on 29th May 2021.

[21]http://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_National_Report_TIP_in_Nepal_September_2018.pdf accessed on 29th May 2021.

[22]https://www.indiatoday.in/mail-today/story/50-women-from-nepal-are-trafficked-to-india-every-day-1357737-2018-10-07 accessed on 29th May 2021.

[23]https://www.worldpoliticsreview.com/insights/25630/the-danger-of-human-trafficking-is-no-secret-in-nepal-why-is-it-still-so-common  accessed on 29th May 2021.

[24]https://www.worldpoliticsreview.com/insights/25630/the-danger-of-human-trafficking-is-no-secret-in-nepal-why-is-it-still-so-common  accessed on 29th May 2021.

[25]https://www.aljazeera.com/gallery/2020/3/8/spirit-me-away-the-women-and-girls-lost-to-trafficking-in-nepal#:~:text=Nepalese%20victims%20are%20plunged%20into,sold%20to%20brothels%20in%20India accessed on 29th May.

[26]https://www.aljazeera.com/gallery/2020/3/8/spirit-me-away-the-women-and-girls-lost-to-trafficking-in-nepal#:~:text=Nepalese%20victims%20are%20plunged%20into,sold%20to%20brothels%20in%20India accessed on 29th May.

[27]https://www.researchgate.net/publication/253236575_Trafficking_of_Women_and_Girls_from_Nepal_to_India_for_Prostitution_What_is_Known_About_its_History_Nurturing_Factors_Health_Effects_and_Prevention accessed on 29th May 2021.

[28]https://www.youthkiawaaz.com/2017/03/how-women-from-nepal-are-trafficked-to-india-and-disfigured-to-make-rich-men-and-women-beautiful/  accessed on 29th May 2021.

[29]https://www.youthkiawaaz.com/2017/03/how-women-from-nepal-are-trafficked-to-india-and-disfigured-to-make-rich-men-and-women-beautiful/ accessed on 29th May 2021

[30]https://www.researchgate.net/publication/253236575_Trafficking_of_Women_and_Girls_from_Nepal_to_India_for_Prostitution_What_is_Known_About_its_History_Nurturing_Factors_Health_Effects_and_Prevention accessed on 29th May 2021.

[31]ibid.

[32]ibid.

[33]ibid.

[34]https://www.orfonline.org/expert-speak/need-integrated-sops-combat-human-trafficking-along-india-nepal-border/ accessed on 29th May 2021.

[35] ibid.

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