Analysis of Existing Legal Framework on Trafficking for CSEC

Abstract

Child trafficking for the purpose of commercial sexual exploitation is a violation of the inherent human rights of children, their physical and mental well-being, and denies them the opportunity to reach their full potential in contributing to the growth and development of humanity. Children are trafficked for the purpose of prostitution throughout the world; it has escalated from a local crime within domestic jurisdictions, to a transnational crime, a crime without borders. The International Labour Organisation estimates that there are at least 1.8 million children trafficked for sexual exploitation worldwide, while the United Nations Children’s Fund estimates that the figures are closer to 2 million. I.L.O. estimates indicate that around 12,000 children are trafficked from Nepal to the neighboring countries for the purpose of prostitution each year, the largest market for such trafficking being in India. This paper deals with the issues of trafficking in children for the purpose of prostitution. The aim of the author is to highlight this problem, and bring forth reasons to create a rehabilitative regime within the S.A.A.R.C. nations. The paper will look at the existing legal framework within the S.A.A.R.C. regime that seeks to deal with trafficking in children and, commercial sexual exploitation to identify whether it is adequate to eradicate a growing malice within the south Asian region. The suggestion of the author is to transform the nature of the crime from a domestic, to an international crime, and placing a framework of cooperation among the members of the S.A.A.R.C. to eradicate the problem of trafficking at its roots and not merely treat the symptoms by punishing brothel owners and pimps, who receive the trafficked children for the purpose of degenerate sex tourism. The need of the hour is not mere punishment of offenders, but the rehabilitation of victims.

Keywords: Trafficking, Commercial Sexual Exploitation of Children, Effective Rehabilitation, Regional Cooperation, SAARC, South Asian Assoiation for Regional Cooperation, SAARCLAW