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Human Trafficking and Prostitution: Critical Review on Consequences and Legal Remedies

Authors: Vaibhav Gaur, Student, Dr. Ram Manohar Lohiya National Law University, Uttar Pradesh and Shruti Kasera, Student, Law College, Dehradun, India

ABSTRACT This Article analyses the term human trafficking, and particularly how it is linked to prostitution in India and what are its major causes. This paper studies about the Indian domestic legislations on human trafficking in the light of the International Conventions on the subject matter. The thesis of this article is that though there are certain laws incorporated within the various statutes related to human trafficking in India yet it becomes necessary to criticize them as the way they have been formulated and are being enforced is not able to cope up with the deteriorating condition of the social values prevailing in our society. The human trafficking discussion has focused primarily upon women and children who are being trafficked for sexual exploitation and how it is a severe threat to humanity and how it violates the fundamental rights that have been guaranteed by the Indian Constitution. It also contains statistics regarding the human trafficking being taking place in our country and also thereby, critically examines the current discourse on human trafficking because the sole focus on women and children diverts attention from the study of trafficking within the context of globalization and the exploitation of labour. This article further emphasis upon the lesser explored perspective by taking into consideration the theory of demand and supply focusing upon the aspect of human trafficking and prostitution along with the essence of morals of our nation. The article also suggests certain guidelines for a framework that is required to safeguard our social values.

Keywords: Human trafficking, Prostitution, International convention, Domestic legislations, Demand and supply.

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