Trafficking in Women and Girls in Nepal

This paper is a research work conducted in order to understand the sensitive issue of Women and girls trafficking in Nepal. Every year more than five thousands women and children are trafficked from Nepal to India. The reasons for which these women and children go from Nepal to India or any other countries vary individual to individual. In the most of the cases of trafficking, main reasons are false promises, poverty and no education. Reasons of trafficking are broadly categorised in economic, social, environmental and other reasons. In the case of Nepali children and women they are usually not educated and unskilled.

Many of them do not even has exposure of any other geographic location that their place of living. Often they do not know the local language of the places they have been trafficked like Marathi in Mumbai, Bengali in Calcutta and Hindi in Delhi. Majority of this number of children end up is brothels and working as a sex worker. They go through physical, emotional and psychological tortures. These women and children go through various inhumane conditions. These are violations of individual rights, human right and women and children rights. These are violations of various national and international laws.

In the cases discussed in the research paper states the involvement of known people, relatives and sometimes parents in this heinous crime. This is clear failures of legal and administrative systems of these two countries. The failures are in all the aspects of safeguarding and trafficking of women and children. Systems have failed to protect them before they were trafficked, it has been failed to bring them out of sex trade and it has failed to bring justice to them. This is indirect denial of justice victims needed. Victims have lost trust and faith in judiciary system, social system and even within relationships. Systems have not been very effective to rehabilitate them. To large extent unawareness, less knowledge and poverty is responsible for it. Respondents believe that government can do a lot to prevent and betterment of victims of trafficking. Government can punish culprits, improve legal and judicial system and help in rehabilitation of victims of trafficking.

Researcher tried to cover international and national laws of human trafficking. Both the government have proper legal provisions which clearly states trafficking as a crime. There are different punishment and fines for the convict of trafficking, sexual abuse, rape and criminal activity against women and children. Problem areas are implementation of these legal provisions. Corruption has played a major role in this. Corrupt police officers and administrative staff know how to manipulate and misuse law for their personal benefits or exploiting other individual’s right.

Industrialisation, globalisation and modernisation are the terms, which resulted in making world a single market place. The changing economies worldwide are attracting people from one place to another to migrate by their choices of better earning and living opportunities. Some people are migrating from one place to other for better education. Worldwide this has become a trend, which is witness from the age of industrial revolution. Countries depending upon requirements in the labour market issue work permits to the migrants. In some cases, people migrate from one place to other in some kind of pressure like natural disasters, terrorism and others. In such case, they are given refugee status. Governments have to take care of international and national policies while dealing with refugees. There are various countries where migrants are subject to hatred by the people of the host countries.

At one side world is progressing, global economy is improving, people are getting better opportunities and finding better ways of living, on the other side there is a large population living in a condition where they are not even able to get the things needed for basic living like food, clothing and shelter. This situations result in various types of illegal and unwanted activities in which people involve themselves to meet these basic requirements and sometimes more than that. Nepal is one of the classic examples of that. Men and women move from Nepal to different parts of world in search of jobs and educational opportunities. In last two decades Nepal has changed a lot in the way people live there. Education level of people has gone up. Even in such situation poverty and greed has forced various families to send their children and women of their families to earn abroad.

The research has been designed in such a way that it meets all the research objectives set by the researcher. First researcher tried to identify the area of research and set his objectives and aims from this research. The next step was to analyze various data collection tools and methods. In this particular research researcher felt that the objectives can be meet the best with using combination of primary and secondary research methods. This secondary research was based o qualitative information available for the research. The secondary research method for this research has utilized case study method where researcher has used various sources to collect information on women and children trafficking from Nepal to India. There are various literatures available for this particular topic. This study is an effort to identify gaps at various levels from pre trafficking stage to the post trafficking period when women return to Nepal.

Primary data is collected with the help of questionnaire containing open-ended questions. It is a qualitative research which is based on interviews conducted with the respondents. Secondary data research is based on the secondary sources like Internet websites, books, journals and other sources.

Due to the complex nature of the subject, researcher has opted for open ended questions covering pre-trafficked, trafficked and post trafficked and coming back to Nepal stages of their lives. These responses have been taken with the help of mediator and language expert from Bhairahawa, Butwal and Veerganj. These are tarai and border areas of Nepal. Many social organizations an NGO’s are working here to prevent and rehabilitate women and children trafficked. These areas are one of the main routes of trafficking. These respondents are either living in rehabilitation centres or have been return to their families and later abandoned by their families.  Fifteen respondents have been contacted. These respondents vary in their age, economic backgrounds, reasons and ways they have been trafficked.

The study is based on secondary research case study method. In this kind of research, researchers rely on the secondary sources like previous studies and research, journals, reports, company information bulletin, internet resources and many more for their purpose of research. This data is relevant to the research. The data collected are for this study ranged from psychology to legal papers. This method is ideal in the case where collection of primary data is a complex process or the objectives of the research can be achieved through secondary research only. The primary data has been collected with the help of a mediator and language expert living in Nepal and who has access to women who has been rehabilitated and gone through this process.

Due to the complex nature of the research, data used in this survey are from secondary resources. Research tried his level best to get data from the best available sources. In any case, primary data is better than secondary data. Data reliability, quality of the secondary sources, availability of time and other resources to collect all the data used for related researches are some of the limitations of this research. Respondents have agreed to respond only if their identities are hidden due to sensitivity of the issue.

This paper is an effort to find out and analyse reasons of people sending their children, daughters and women to India and other neighbouring countries where they end up doing prostitution and living in filthy and inhumane conditions. In this paper researcher is trying to analyse the circumstances of women caught in trafficking and prostitution in India. There are various loopholes in the system which allows such activities. Educate and aware people of the community to end trafficking.

Human Trafficking

The societies worldwide have been changing in various ways. Different factors of economy like growth in economies, per capita income, wages, demand and supply of labour market has encouraged people moving from one nation to another in search of better earning and living opportunities. Cheap travelling options and better communication services have contributed to immigration. Developed countries are attracting migrant workers from all over world. According to UN approximately four million women, children and men are victim of international trafficking each year.

Definition: Trafficking has been defined by various organisations in different ways. However the most appropriate definition of Trafficking is given in the UN Protocol. It is as follows: “Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices to slavery, servitude or the removal of organs.”

There are various definitions given for trafficking. As defined by Ms. Radhika Commaraswamy trafficking is: “Trafficking in persons means the recruitment, transportation, purchase, sale, transfer, harbouring or receipt of persons: by threat or use of violence, abduction, force, fraud, deception or coercion (including the abuse of authority) or debt bondage, for the purpose of placing or holding such person, whether for pay or not, in forced labour or slavery-like practices, in a community other than the one in which such person lived at the time of the original act. (worecnepal.org)

Trafficking has become a serious problem in various developing and underdeveloped countries where opportunities are less. In countries like Nepal where poverty is high and opportunities is less within the country due to geographic limitations. Women and children are trafficked in gulf countries and neighbouring country like India. The problem of trafficking is common in all East and South-east Asian countries like Thailand, China, the Myanmar, Philippines, Vietnam and Cambodia. These countries are struggling with poverty and economic and social disparity. These women and girls are trafficked to Thailand, Malaysia and Japan. According to UNFPA majority of these women are trafficked to meet the demands of Sex industry of the respective countries. There are others reasons as well for which they have been trafficked like for the purpose of marriage, domestic work and bonded labour. Even when these girls or women are sold into various forms of bonded labour at the end of the day they lend up in flesh trade as sex workers.

These women and children are trafficked illegally. These people face various kinds of problems physical and mental abuse. The main issue in this particular factor is loopholes in legal procedure and corruption at various levels within Nepal and India. The open border which Nepal shares with India is one of the main routes for the trafficking. Due to this the number of women and children actually trafficked per year is practically impossible to estimate.

“In South Asia, Bangladesh and Nepal are the main countries of origin for trafficking, while India and Pakistan are considered countries of destination. In all these countries, there is extensive domestic movement. As in East and Southeast Asia, the reasons include prostitution, marriage, and sometimes fake marriage with unknown persons who could be traffickers.

Human trafficking is violation of national and international laws, and human and individual rights. People who are trafficked are less likely to meet basic living requirements. Their freedom of expression and movement are restricted. They are abused at various levels from mental, psychological, social or emotional. Many a times they do not have right on their own body and thought process which is controlled by the trafficker or the person holding them. The first shock comes when they are told or they realise that they have been sold as an object and will have to do what so ever their owner is willing them to do. This added to physical torture impacts victims. UNFPA has studied various cultural aspects of societies in Nepal and India. There are some cultures which falsely link sexual services as a religious and cultural practice like “Devdasi” culture in India and Badi community in Nepal. These practices are deeply ingrained within the society and governments find it difficult and complicated to deal with these issues. UNFPA revealed an interesting fact about children trafficked from Sri Lanka. According to it the number of boys is higher in children trafficked for sexual services from Sri Lanka.

“At the global level, it is estimated that between, and million women are trafficked annually across international borders. This does not include domestic arrangements, as may be seen in China and India. The International Organization of Migration (IOM), which has focused on this issue for many years, compiled most of the figures. Using this data as background, it is possible to present brief descriptions of the scope and patterns of human trafficking.”

Continuous mental and physical abuse results in psychological and physical disorders in trafficking victims. People tend to lose their tendency of struggle. Their growth and development gets negative impact. They feel themselves unacceptable for their own community. Their views and perception towards life and man changes negatively. It is estimated that more than five thousand girls, children and women are trafficked each year from Nepal to India. These people are sent for domestic works or brothels of various parts of the country. In the domestic works as well these children are women and forced to work for twelve to fourteen hours or more. Sometimes they do not get proper food or rest as well. They are verbally, mentally and physically abused. They live in a world where they do not have say and neither do they get any kind of individual respect. The world for them is divided between two kinds of people.

One is those who have powers like brothel owners, buyers, traffickers and the second category is of victims. There is no caste no religion and no difference in the economical status of these people. The number of people trafficked across the globe is very high. Families fear for their well beings. Even if these people go missing or get murdered or any thing happened to them always remains a puzzle for their families. Families of lost people will stop searching for their loved ones as they will not know the routes or processes.

“Another characteristic of the region is trafficking in children—girls and boys under the age of years. This occurs largely in and from countries such as Nepal, Bangladesh, Cambodia, China, the Philippines and Thailand, where children are trafficked for sexual exploitation, adoption, begging and other forms of bonded labour.”

The number of people migrate from one place to other is very high globally. Different governments face various problems dealing with issues of illegal migration and trafficking of people. It is practically impossible to check all the routes all the international borders and possible ways. People trafficked live in fear, poor living conditions and health., They can not avail the facilities or enjoy the human rights they have because of their illegal condition. Women and Children are specifically vulnerable for various kinds of exploitations.

There are discrimination faced by trafficked people based on their regional background, ethnicity, language, economic background sex and others. Several times they face problems because they do not know language spoken in the host country.

Caste-based discrimination is also an underlying cause of trafficking, as is rampant poverty, declining socio-economic opportunities and lack of means of sustainable livelihoods which compels individuals to leave their homes in search of better opportunities, or simply a means of survival. Although individuals may migrate by choice, they are often deceived or lured into exploitative circumstances because of lack of knowledge about or lack of access to safe mobility, desperation, false promises of traffickers, etc. It is against this backdrop that individuals, communities, NGOs and the government must work together to prevent this ongoing abuse of human rights as well as to assist in the recovery and support of persons who were formerly trafficked.

There is a difference between trafficking and migration. Migration is a process which takes place with the consents of governments. It is a simple movement of people from one geographic location to another in search of job or educational opportunity, better living conditions. They can be skilled or unskilled persons or refugees.  Trafficking on the other hand is movement of a person by deceit, force, threat, debt bondage or illegally. Trafficking involves violations of laws and human rights. According to Thomas ( as cited by Charles ) “migration is not simply an outcome of economic forces, but a pattern ebbs and flows in magnitude, direction and composition with other demographic, economic and social processes. Furthermore, the model is empirically developed and explored in relationship to particular periods in history and world geography.

The element starts with the idea of migration which even today covers various forms of movement of peoples from forcible transfers of population to the active recruitment of workers in order to answer sometimes temporary labour shortages such as construction sites of the Gulf. Another element is that of integration of the global economy which is becoming more integrated than what it was a few years back. Since the displacements are from poor to rich countries, therefore it is seen that wealthy countries seek to exclude people that are in economic terms called as “migrants”.

People are always seeking ways and means to crossing boundaries irrespective of the concern of legal or illegal. In search of unofficial ways to cross boundaries welcomes the ‘unofficial’ recruiters to recognize their ‘easy meal’. It is through this ‘illegal’ effort that whenever a trafficker is trafficked to another country, his living conditions are worst due to the secrecy he wants to maintain, and this weak point tends him towards greater level of exploitation and ill-treatment, against which they are often without redress.

These trafficked women and children are made feel that they are totally dependent on the trafficker or buyer for their livings. They are threatens to death, violence and possible harm to the family. Many a times when passports are involved, people keep their passport or destroy it so that these people are in their controls. UNFPA clearly states that trafficking in women, girls and boys is a global problem. It has a complex nature and various facets. It has been very difficult for the national and international organisations to define trafficking appropriately. Apart from it collecting reliable and timely data is another complex issue.

Accurate numbers of those afflicted could not be presented because past statistical data had been based on varying definitions, and conflicting approaches compounded the difficulties of obtaining cross-national comparability and correct trend analysis. Another difficulty for statisticians is the criminal nature of the problem, which has consequences concerning how and what to measure, since much activity remains unreported, therefore unknown.”

Their weak physical, financial and emotional conditions make them vulnerable and they do not resist. Most of the times, they do not even know whom to approach for the help. Sometimes they are scared of reaching authorities in fear of punishment or the image created by trafficker.  Government and non government agencies face various problems dealing with trafficking issues. One of the main problems is availability of realistic data. In the case of trafficking, criminal activities against trafficked person usually goes unreported. UNFPA ( , Pg ) have given another has another characteristic of trafficking. It is an ethnic dimension of the trafficked people. They find it difficult to communicate, In the communities like Russians in  Estonia and Latvia they face discrimination in finding and doing jobs in labour market.

In Riga and Tallinn large numbers of Russian women are into prostitution. Thailand and Sri Lanka are the countries which have become suppliers of young girls and boys. These are usually from the rural or hill area of the countries.  Countries worldwide has different issues to deal with, in such scenario trafficking was not their priority until recently.  Due to this fact number of trafficking has been invisible. In the recent past the efforts has been to find out the numbers and prevent it.

“In the absence of universally accepted definitions, the figures currently available are, understandably, only rough estimations of the number of women and children caught up in the trafficking scourge. With the agreed UN definition, however, data collection efforts should soon improve to provide more accurate views of the size and nature of the problem. This, in turn, should help countries in their efforts to develop strategies that could effectively address the issue.”

According to the study by Action Canada for Population and Development an estimated million women and girls are bought and sold worldwide every year and these girls are forced into prostitution, slavery or marriage against their will., In United States only around , to , women are trafficked., In last ten years around, Bangladeshi women have been trafficked to Pakistan years. Majority of these women are either very young or minor. As mentioned in ACPD there are five thousand to seven thousand Nepali girls trafficked each year form Nepal to India. These girls end up in the brothels of the major cities of India like New Delhi, Calcutta, Bombay and others.  It is estimated that more than two million girls are in sex trade in different parts of India and majority of these girls are minor below the age of eighteen years. It is estimated that in Western Europe only more than five million women and girls are trafficked each year from different parts of developing countries. These women and children and trapped in slave trade.

In the last years, trafficking in women and children in Asia for sexual exploitation alone has victimized over million people; girls as young as (mainly from Asia and Eastern Europe) are trafficked as “mail-order brides”. In most cases, these girls and women are powerless, isolated, and at great risk of violence.

This is not limited to Asian countries only. Children trafficked from West and Central Africa is vulnerable for sexual exploitation even when they are employed as domestic helps. They have to work in shops or on farms, or to be scavengers or street hawkers and many other hazardous works. ACPD estimates that nearly percent of the trafficked workers from these areas are girls., UNICEF estimates as  mentioned in ACPD is that one thousand to thousand five hundred babies and and children from Guatemalan are trafficked in the name of adoption by North American and European couples.

Reasons of Trafficking

“Five main explanatory variables are introduced: the real wage gap between the home country and foreign destinations, entered as the log of the wage ratio; a demographic variable for lagged natural increase ( years earlier); the share of the labour force in agriculture as an inverse proxy for industrialization; the stock of previous migrants living abroad at the beginning of the decade; and the dependent variable, the emigration rate, lagged one decade.”

As mentioned in the above sections there are various reasons of immigration of people form one nation to another can be categorise as follows:

Economic Reasons: These reasons can be difference in the real wage rates from home and foreign countries, demand of workforce, better earning opportunity and difference of foreign exchange rates.

Social Reasons: Social reasons consists of reasons where people find better society to live and grow, better education, social status and others.
Environmental Reasons:  Sometimes natural disasters like famine, cyclones, and bad crops due to uncertain weather, flood and others compel people to leave one geographic area to other to support their living.

Other Reasons: Other reasons include reasons that are not mentioned above reasons like terrorism, educational opportunities and others.
Hatton and Williamson mentioned three types of skills of people migrating from one geographic area to other as described by Wood; Wood distinguishes three skill types: uneducated, labour with basic education, and the highly educated. The poor south is richly endowed with uneducated labour, but the supply of labour with basic skills is growing fast.

There are various factors discussed by different academicians in order to understand the phenomenon of human trafficking particularly in the case of women. Trafficking of women and selling them to a brothel is a low investment and high return work, . The risk is less in the countries like India and Nepal where corruption is mother of all the evils. Alluring any girl or her family and selling them to the brothel has become very easy. Women in the interior areas like villages and hill areas are particularly vulnerable because they live in a hard living condition. In such case any proposal promising them taking out of that environment is attractive to them. In the recent past there have been some cases where parents knew that their female child is going to end up in living hell of brothels even than they sent her for handsome money and regular earning opportunities. The factors responsible for these kinds of situations are as follows: Social Status and Order, Economic Condition, physical and mental state and others.

In a community like Badis prostitution is well accepted profession for them. Some of old Badis believe that this is the only profession for them and this evil destiny is inherited generation after generations., The ultimate sufferer of this tradition is women. Badi men are entirely depended on Badi women’s earnings. Badi’s social condition or status is such that they are considered untouchables.

The Badis did not start out as prostitutes when they migrated to Nepal from India some three centuries ago. They made drums and musical instruments, fished and danced and sang. They would go to the homes of landlords, or zamindars, to entertain at social ceremonies, in return for food. In time, the zamindars claimed some of the girls as concubines. They would use them, and then abandon them when they had children, said Ramesh Nepali, a Badi. Many Badis have taken the surname Nepali to avoid the disgrace of being a Badi. In this patriarchal society, fatherless children have few rights. It can be difficult to register their births, and thus get them citizenship, school admission, even the right to vote. Badi men lived off the women’s work.

A man from another caste can sleep with Badi woman but can not stand her doing some respectable job. The stigma attached to Badis passed from generation after generations and resulted in a situation where Badi men not even work for their living. Badi women handle the load of entire family. Badi’s are more than ten thousand in Nepal and are listed in the list of untouchable class. Badi women demands for declaration from the government being not prostitutes. They have also demanded that they should have some alternative to earn their living. Waldman states “Suk Lal Nepali’s organization has opened hostels for Badi girls, hoping that a different environment will keep them from following their mothers into the sex trade.”

Some agents “even come out with the catalogues of the houses and offer it to the parents and say ‘OK, which house do you want, I’ll build it for you. May I have your girls for three years?’ It’s like the girls are loaned,” said Saisuree Chutikul, an advisor to Thailand’s prime minister. One Burmese girl, told CNN she was sold by her father to work at a Bangkok bar as a prostitute. “This bar had a lot of kids working there,” she said. “My mother thought I was going to school. … I can’t remember how many customers. Sometimes I would go with two customers a night.” But the lure of bright lights and big money is difficult to compete with. The young women will continue to be sold until governments take stronger action to stop the flesh trade.

In another study conducted by Pratap, reveals that demand of Nepali girls and women is more in the brothels because they are ready to act according to the customers’ wish., They do not have any sexual inhibitions. Their fair skin and innocence attracts customers. They are not hostile and get accommodated in new environment very fast. According to Pratap , twelve to thirteen years age of girls were sold in $ to $ in the brothels. These girls are less educated, do not know the local language and demanded by customers. The charge of these girls for one time contact is less than $ ., These girls have to entertain up to thirty clients a day. They have specific targets set for them which they need to meet in order to get one time meal for themselves.

Women and girls allured from villages and different parts of Nepal and sold in the brothels. The girls and women usually protest in the starting which is usually called “introduction period”. If a women is ready to do as people want in brothel are saved from it but others who do not agree get various kind of tortures ranging from burns to repeated rapes. In the case of virgin girls, brothel keepers try to do their best to control the girl without raping her. Demand of virgin is high among Arabs and Muslim communities., Most of the time sexual contacts are made without using condoms. This increases the risk of various sexual transmitted diseases and AIDS among these women. Once they are recognised as AIDS patient they are thrown out of brothels.

The psychological collision for these girls and women is much more than their physical damage. Brothel owners and traffickers keep on telling these girls and women that they are on their mercy. In the brothels girls and women are repeatedly told how bad they are, they have to pay the sell off price as debt for their freedom, they are slave of brothel owner and they will not be able to get any kind of help from anyone be it police, government or their own families and how their families would reject them once they know that they are coming back from brothels. All these help brothel owners to control these women and girls emotionally, mentally, psychologically and financially. They are not allowed to keep money with them or call and contact their families., They are tightly controlled and beaten often. Police acts as a service provider to the brothel owners instead of helping victims’. Police helps them to show minor girls as adults women. Police at local level receive services of these girls free of cost.

“In Nepal, border police are also bribed to allow traffickers to transport girls to India. In many districts, traffickers exploit political connections to avoid arrest and prosecution. On return to Nepal, the few women who escape the brothels and appeal to the police for help, or who are returned by the Indian police, are shuttled from one police station to another as they make their way back to their home districts. Some remain in police detention for weeks until their guardians come and collect them. Women who have managed to survive the system of debt bondage frequently become recruiters to fulfil their owners’ requirement that they find another girl to take their place. If women who return home have managed to earn money, they are more easily accepted back into their communities, and may eventually marry. Those who escape the brothels before they have paid off their debts, who return without money, or who are sick and cannot work, are shunned by their families and communities. Many will return to India.

It can be summarised that factors like economy, society, mental and psychological level are reasons of people agreeing for trafficking. They become victim of deception. It helps brothel owners to keep supply of women up in their brothels. These girls are vulnerable victims. They are treated badly, raped, malnourished and likely to get infected with various sexually transmitted diseases and AIDS., When they come back to Nepal they are not accepted in their societies and families. The post prostitution life for these women is as complicated as it was when they were doing prostitution. They are less educated hence they can not do job. They are not skilled to do any other job. This makes them vulnerable and lost., Even when they are free to do what they want to do, they have little knowledge of the options available to them. This forces them to re-enter to the prostitution. Violation of laws and corruption are main factors contributing to trafficking of women from Nepal to India.

Status of Women in Nepal Introduction

Nepal society is a male dominated society. In Nepal women contribute men to their family business, fields and financially in various ways even than they have least rights., Mao’s had promised equal rights in all terms if they get political power. Even than getting respectable right in Nepali society is also a dream of Nepali women and girl. People prefer to have male child. They have rights over ancestral property and financial aspects of the family wherein women even though they are earning do not enjoy financial freedom as man do.

The Constitution of the Kingdom of Nepal has guarantee the right of equality to women, however discrimination and problems against women manifest in a number of ways in Nepal. Age-old patriarchal value system, social and cultural practices have crippled the women in many says. Women are treated as a commodity since a long-time. They are regarded as second-class citizen and discriminated against in social, cultural, economic and political fronts as well. They are so oppressed, exploited and dominated that they only play the stereotype role in the entire society.

Economic Status and Rights

Poverty is the base of all the evils in Nepal. Majority of population in Nepal is living below poverty line. In such conditions economic status of women becomes poorer. Without money they are not able to meet their basic requirements. Son is a natural owner of property of family property and belongings. It is assumed that all the expenses incurred in daughters marriage is equivalent to the financial gain son is going to receive., Most of the money of marriage is wasted on buying gifts and serving guests, the remaining part goes to the pocket of husband or his family members., At the end of the day woman is without any kind of financial gain. She does not have any financial security and is dependent on other members for her monetary needs. In the case where women are earning, there money goes to meet family needs or directly to the hands of husband or family hand leaving her again dependent on them.

Nepal’s extreme poverty and its economic and political relationship with India have facilitated the trafficking of Nepali women and girls to brothels in India. Nepal is a small, landlocked country that shares borders with two powerful nations — China and India — and depends on them for development assistance and trade; it also borders the tiny kingdom of Bhutan, approximately one sixth of whose population of some, currently reside as refugees in eastern Nepal.

Social Status and Rights

Social status of a woman depends on various factors like caste, financial position and profile of the family. There is a Hindu caste system which has all the bad aspects of caste system in it. People from Brahmin community avoid eating or drinking at the place of a Sunar (goldsmith) person or untouchables. Though caste system has changed a lot from the past but it still persist in the society. Its intensity increases as one grows deeper to the hill areas or villages. Women of untouchable caste especially like Badis’ community women are expected to get into prostitution as a tradition.

“In Nepal, for example, traffickers preyed on young girls raped in the course of armed conflict. Maoist insurgency activities have led to the withdrawal of police from most rural areas, and the number of reported investigations of trafficking decreased. Poverty, unemployment, internal migration and persistent political conflict have increased the vulnerability of women in many fields. Nepal’s extreme poverty and its economic and political relationship with India have facilitated the trafficking of Nepali women and girls to brothels in India.

Nepal is one of those South Asian countries where women population is more than fifty percent.  Women is deprive of various rights in Nepal for instance right in land and property., According to the official records ninety percent of the registered land is owned by males of the society. Inheritance of land goes to the sons of the family. Even when women are married she does not have legal rights on property. Unmarried girls or women do not own anything., One of the possible reasons for this is the special rights given to male child of the family. According to Hindu Mythology only a male member of the family can fulfil the religious duties of funeral and related activities. Girls are strictly prohibited and considered as a member of family who must leave the house after marriage.

Society is suffering from various evils of religious gurus and monks. Often the members of society give more than required attention to the sons and ignore the needs of daughters., Condition after marriage is poorer than before. Whether working or not women of the family is responsible for all household duties and sometimes outside works as well. Husbands hardly contribute to their wives for domestic help or raising children.

Political instability and the Maoist insurgency have hindered Nepal’s efforts in fighting women trafficking.  Now Nepalese women in droves are leaving their homes due to the bad security situation. As it is difficult to survive the deteriorating conditions in the villages, large number of women tend to leave their villages looking for better opportunities.  More and more women, particularly from the very poor rural West and North of the country, are pouring into the cities. The social and economic conditions here make a good atmosphere to work for these traffickers. The ongoing insurgency and internal migration have fuelled trafficking.

Nepal is primarily an agriculture based country. Seventy-six percent of the total population depends on agriculture for their living., Living conditions in the hills is very tough to get meal for time.  According to Hughes there is , mile long open border between India and Nepal., This open border provides different routes to the traffickers to enter in India. Few years back these routes was used to smuggle narcotics, electrical equipments and several other foreign made products to the Indian market. In the recent past duty on export and import has decreased on various items. This disturbed the smuggling market for these products.

Now these routes are used for human trafficking, smuggling of narcotics products and arms etc. There is no paper work required on the open border of Indo-Nepal. It is difficult to differentiate for police or “Prahari” the girls or women being trafficked or women accompanying family members. Police at the border usually look for scapegoats to make extra income. Even when police identifies any girl being trafficked, trafficker gets away with that by paying bribe as low as rupees hundred to the policeman. The political connections have made trafficking a risk free business with higher returns. It is a highly profitable business with negligible investments.

Nepali, Bangladeshi and Pakistani women are trafficked to India, and through India they are trafficked to Eastern Europe and Saudi Arabia. (Interview with Meena Oudel, Programme Coordinator of Oxfam Nepal, March ) More than , girls are trafficked each year from Nepal and Bangladesh into bondage in India and Pakistan, often with the acquiescence or cooperation of state officials. Nepalese women who are trafficked and prostituted in debt bondage in India’s sex industry are forced to work longer hours and have more clients than local women. (CATW – Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific) Hong Kong is the second biggest market for trafficked Nepalese women.

There are various ways these women are trapped into prostitution. Most of the times they have been sold by their parents, family members, husbands in fraudulent marriages, promises of getting jobs in movies and serials or promise of jobs in other sectors. These poor girls and women are beaten, starved, raped, burned and kept in other inhumane conditions., They have to serve as many as thirty clients per day. There are various cases a prostitute gets chance to visit her village only if she can accompany young females with her. This adds to the list of victims. False promises and dream attracts these new fish of the market and makes them victim of inhumane conditions., Sometimes girls sell another girl as her replacement., They think of growing in this business and profession and dream of setting their own shop of prostitution with women working under them.

“For women living in poverty, prostitution may be viewed as a desperate measure to earn a living. Many are tempted to take to prostitution as a short-term goal, only to find they are trapped in it for a much longer time. Doubtless, some women willingly become involved in this kind of trafficking because of enticements to cross borders with promises of greater incomes. Because of these complexities, efforts to define trafficking are often contested, making it difficult to measure the extent of the problem. There may also be some incentive for parents to send their children to work in the sex industry, prodded by stories told of families who have built or renovated homes with the regular remittances sent by their daughters who have entered into prostitution”.

Women and children of village area who are uneducated and fall in the category of eight to thirty years of age are the usual victims.
In majority of cases trafficker is known to the victim. In the case where professional traffickers are involved they allure them for high paid jobs, opportunities in Indian film industry or false promise of marriage. Parents can be unaware of the condition or knowingly or unknowingly involved. Family members usually do not report for their missing children or even try to find out their whereabouts. Social pressure for better life and materialistic luxuries, social and cultural norms of spending hefty amount of money for sacrifices, worshiping, marriages and others Have less concern for the female child or women in the family.

There are various regions identified in Nepal which is severely affected by the trafficking of women from these areas. In India demand for Nepali girl is high due to their fair complexion and beautiful looks. In the present scenario the highest threat which Nepali prostitutes have is infection of AIDS and other venereal disease., These women when identified infected with AIDS are thrown out of the brothels and sent back to Nepal in most of the cases. In Nepal when they do not get any other job they start prostitution again. This increases the risk of infecting other member of the society.

There is a trafficking network which today continues to supply young women of Sindhupalchowk to Indian cities, and the fact that the locals are fully engaged in this supply is evident from the names of some of the largest brothel owners in Bombay: Lata Sherpa, Mala Tamang, Kabita Sherpa, Anita Sherpa and Maya (Tamang) Chauhan – all names which indicate to a fair degree the origin of the women in Sindhupalchowk. Vinod Gupta and Sanjay Chonkar, social activists in Bombay, say that in addition to these top five, there are many other small-time Nepali gharwalis (madams) engaged in running a fair number of the hundreds of bordellos of Bombay. According to them, altogether , Nepali women work in the brothels of the three key red light areas of Kamathipura, Pilla House and Falkland Road.

People do have an idea of girls getting sold in brothels but they do not have the idea of how they survive there. Once money starts coming to them they do not care for anything else. Lack of formal education and professional skills make them beggars in the job markets. Beggars are not choosers hence they have to do whatever is available to them.Salter has mentioned that one of the procurer used to convince girl for marriage and take her for honeymoon. The destination of this honeymoon for the girl was brothel where this man have sold her. Salter states that this man had forced approximately fifteen hundred girls into prostitution by the time he was arrested.

Educating Nepal’s ultra-poor population of million is a slow, deliberate pursuit for Uprety. Unlike developed countries, Nepal has no child protection laws or prohibitions against sex with minors. Girls in rural areas begin marrying at age.

There is a need to understand the trafficking system in the present scenario. This is a much organised crime. People involve in this crime are professionals of their fields. They not only have adequate knowledge about timings, routes, how to tackle victims but also they know the lacuna of government and legal systems. The laws which are created for the welfare of people, humanity and vulnerable sections of the society, these people use the same to safeguard themselves. They threaten victims and those who want to help the victim. They try to delay the decision making process of the court and legal system in the cases where case is registered against them. They threaten witness and pressurise them to change their statement., Severity of the consequences of these trafficking and selling of girls is being evident from the active participation of various public interest groups like media, non government organisations, social workers and activists.

Current measures of prevention of traffic control starts from the root level of villages. Government of Nepal along with various social work group and NGOs trying to educate and inform people about the conditions of women trafficked. They have put large billboards on the ways, prominent places with the messages and request of not sending their women and daughters abroad. NGOs workers are moving one village to another performing street plays and songs to communicate about these things.

Legal Status and Rights

Nepal Legal system has worked towards combating trafficking. Legally it has implemented various acts to prevent trafficking and give justice to the complainant., Even though number of filed cases where guilty is punished is thirty three percent or less. Justice delay is justice denied. It happened in most of the cases where it takes around two years to bring the guilty to the court., There is no protection provided to the witness or victim., Nepal is the only Hindu country in the world. Amazingly this country does not have any provision for property rights of daughters or wives. In terms of women rights, it has a long way to go. Even though there have been various developments in the area of Legal rights of women. Even than women are not able to form their own place or respect within the society.

Legal measures however indicate the gap between the legal rights women enjoy and legal rights they need in order to protect themselves from the evil of prostitution and human trafficking. There are many discrepancies between the social and economic well-being of men and women., Women are not equally inherited. There are various citizenship related issues. Even if a woman is citizen of Nepal her children will not get citizenship without citizenship of father. Nepalese woman who marries a foreigner loses her residence rights. There is no any policy of Citizenship based on duration of living in Nepal. This means women marrying a foreigner must leave the country to stay with the man of her choice. If the man wants to stay with her in Nepal he will not be eligible for that. However, corruption plays an important role in this. Many families in villages and interior part of Nepal are still unregistered. Officials report foreigners belonging to these places and help them getting forge citizenship. This happens usually in the case of people from Bangladesh, India or illegal migrants.

“The trafficking of women for forced prostitution into Nepal is a serious problem and a grave human rights abuse. Women unemployment in the cities is twice as high as male unemployment. Jobs as domestic worker are so badly paid that it is impossible to live on them. Thus the high number of women who are forced to turn to prostitution is not surprising.  The Nepal government does nothing to prevent trafficking in women.  In addition to exploiting economic need, traffickers exploit the vulnerability of women who have fled their homes because of violence or have been displaced by armed conflict.

Since all the political parties are constituted of male members of the society, it is difficult for any women right bill to get passed. Parliament is presently discussing a bill on female ownership of land, but this is expected to be opposed by the Nepalese Congress and Royalist parties.

Country Code mentions ‘Rape’ as the most serious criminal offence in which the victims are not only mentally tortured but are brutally shattered down emotionally and spiritually. Therefore, regulates ‘rape’ as the offence subjected to perform under or at the age of sixteen without intentional or unintentional consent done forcefully and is obligated to punish the victim accordingly. However rape is not considered in the condition where it is performed between husband and wife.

According to provision no. of the country code, there is no blame upon the victim if the rapist is killed within an hour after performing the offence. This proves the extent to which rape is discouraged for the benefit and well-being of the society.

Article of the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) defines any kind of women slavery or to use any part of her body against her will as an offence.

Human Trafficking Control Act

With addition to the Country Code , Human trafficking Act was introduced to cover those hidden aspects which are not considered in the above mentioned Act. The subject was the same to prevent illegal buying and selling of human beings and to prevent all kinds of sex trade and prostitution along with illegal migration.

Trafficking in Human Beings Bill, This act discourages any form of sex work or human trafficking and states that any person who is subjected to trafficking or illegal work irrespective of the residence (that means whether he/she is living in Nepal or outside Nepal) is liable to the penalty applied under the prescribed law. According to critics, this bill should be Human Trafficking Control Act , . Part I of the Bill elucidates the terms ‘Child’, ‘Brothel’, ‘Prostitution’ and ‘victim’ so that it would be easier for the person to avoid the offence. The penalty for the offence of this act ranges from twenty thousand Nepali Rupee to two lakh Nepali rupee.

The most pervasive among Nepal’s national laws is the Muluki Ain of which was first amended in but, according to general observers, “the amendments did not make the radical break with the past required”. In the Muluki Ain, relations of purity and caste, and of inter-group relations, are mapped out for everyone in Nepal. This regulates matters of conduct, inheritance, royal succession, property rights, and relationships with foreigners, etc.

However the main Acts of present scenario is discussed below:

• The Human Trafficking (Control) Act, :
• This act specifies the extraterritorial jurisdiction of the offence by its nature of cross boarder. This act has not been implemented as there are no strict rules made to restrict the traffickers.
• This act specifies that a person with an attempt to traffic other person will get penalty of years of imprisonment. ,
• Recently Nepali Government has registered an anti trafficking bill in order to examine the current situation of women trafficking in Nepal. Let us take a glimpse of what the bill offers to combat trafficking:
• For a usual trafficker the bill states an imprisonment of years with fine of , , Nepali Rupees, .
• For those who forcefully make people to work, the imprisonment is from months to years with a fine ranging from , to , , Nepali Rupees, .
• For those who forcefully take women abroad, imprisonment lies between – years with , , Nepali rupees fine, .
• India and Nepal are signatories to regional and international anti-trafficking conventions. There has not been any initiation on bilateral discussions to combat trafficking. Due to political disturbances the focus has been shifted towards attaining political stability.

This resulted in poor law enforcements, less numbers of reported cases and only few were resolved. The delays in action led the culprit go free and victim could not be saved. Authorities lost the informants they had during this instable political situation.

“The National Policy, Action Plan, and Institutional Mechanism to Combat Against Trafficking in Women and Children for Commercial Sexual Exploitation : Ministry of Women, Children, and Social Welfare (MOWCSW). This document outlines the government’s National Policy on Trafficking, the Action Plan proposed to implement it, and the specific Institutional Mechanisms that are to be set up to sustain the Action Plan.”

Nepal Constitution has specific provisions which deal with trafficking. There is The Traffic in Human (Control) Act, that currently governs the issue of trafficking in Nepal. There are various Acts which covers different aspects of human trafficking and women trafficking in Nepal. These are The Foreign Employment Act.

The Traffic in Human (Control) Act , A Bill Made to Provide for the Elimination of the Offences of Traffic in Persons Prepared by the Nepal Police and submitted for consideration on August , , The Traffic in Human Beings (Offences and Penalties) Act,. This MOWCSW law reform proposal in based on the other two proposals. The MOWCSW draft will be put before Parliament to be enacted into law. The MOWCSW bill takes a moralistic approach to trafficking and uses this platform to address issues of rape, child sexual abuse, pornography, kidnapping, trafficking, and prostitution, by defining them all as “trafficking.” Each of these issues raises distinct and separate concerns and requires clear and precise definitions and rules of procedure and practice.

Nepal Criminal Justice System has adopted an adversary legal system as a law enforcement mechanism which constitute of Police, Government attorney and the Court. This system has been adopted after the enactment of the State Cases Act,. Involvement of police is in order to carry out investigation and collect the relevant facts for the cases. For this purpose police can take help of public prosecutor. Government attorneys will carry out prosecution of the cases in legal manner. For the adjudication of the cases court acts as a neutral body.

In the th Amendment of Muluki Ain there are various reforms which have been incorporated in the Country Code ( th Amendment) Bill., These are important in the direction of providing women rights and helping them to strengthen their position within the society. This amendment bill has addressed variety of issues from Dolaji to divorced woman’s right, right to abortion, adoption, upbringing of daughters, inheritance of property and many others.

Involvement of GO, NGO and INGO

The beginning of the human trafficking bill coincided in with a government crackdown on women prostitution. The Nepal Government gave the primary responsibility for the fight against women trafficking to the department of public welfare. The department set up a committee to oversee the achievement of this objective. This committee distributed a manual to the agencies involved, with an outline of their campaign and ideas for cooperative efforts, . The National Commission on women’s affairs, part of the office of the prime minister, also formed a committee to enquire into the sex entertainment business.

The Nepali Government has established several social programmes to focus on women who have worked in the sex industry. These include the welfare home of the department of public welfare, for women released into their custody following conviction on criminal charges related to prostitution. Other aspects of the programme include vocational training, both for convicted women and for young girls which are considered to be at risk as a Nepali girl is mostly at risk.

Nepal Education Department has provided opportunities for further education of young people particularly to those girls who are born in poverty. The Government has taken this initiative while introducing scholarship programmes and ‘welfare schools’ for girls at risk. The scholarships are established in the northern Nepal from where many girls migrate for sex work, and where there are limited places in secondary schools.,

The department of public welfare published information for families on women prostitution and trafficking. The Ministry of Foreign Affairs also run several media campaigns on illegal migration to India and UAE, intended to inform and deter potential migrants. In this context several ‘Nepali’ movies have been made which focus on the drawbacks of illegal migration.

Nepal’s national strategy in terms of the law has always highlighted on sensitive issues to foster greater cooperation and coordination between government departments in implementing existing laws like Human Trafficking Control Act , State Cases Act , and various conventions to eliminate trafficking against women and children, .

“The international community is striving to address the issues of trafficking through legal instruments, including most recently the commitments at the UN Millennium Summit to Fight Transnational Crime including Trafficking in Human Beings, in Palermo Italy. However, governments too often focus on strategies that target the legal and immigration-based issues of trafficking, but don’t address the human rights of trafficked people.”

According to International Human Rights Network there is a difference in the way victims of trafficking are viewed in the society. They go through so much but especially women in prostitution and child labourers are not at all viewed as criminals but as victims of crime. There is a need to handle this problem of global trafficking with the global response. Victims of trafficking are usually not protected and they can be threatened by the criminals and face various kinds of pressures. In most of the cases of trafficking the consent of a victim of is irrelevant.

According to Wadhwa ( as cited by Hughes) some of these girls are given special training by pornographic movies and told to be keeping themselves informed in order to serve high profile clients., Few fortunate one get chances to come back home and visit their families. Girls when come back want to show the best parts of their lives. Social structure of Nepal is as such that people like to live in virtual world rather than reality. To make an impression on the neighbours and relatives they spend money. It also buys acceptance within the community they are belong. They use various lies about themselves to maintain their respect in the society. They usually say that they are domestic maid for a good family, they work in some factory, and they are in sales of goods and many others., These also help them to trap new girls if they are acting as recruiters.

Socially, economically and legally women in Nepal has negligible rights. This creates a situation where they are more vulnerable to any kind of discrimination and evil practices of the society. Legal procedures have several loopholes which helps convict to get away with the charges of crimes.

Trafficking of girls and women in Nepal is a serious problem. It is estimated that around five thousand to seven thousand women and children are trafficked every year from Nepal. This is a huge number and surprisingly there has not been any considerable strong step taken in the direction of preventing this act. It is an easy money making process. Any person who is able to convince a girl to come along with her will be able to earn from twenty thousand to fifty thousand Indian rupees, simply by selling the girl to a brothel owner and making her a debt slave for forever.

“The areas used by traffickers to procure women and girls are the isolated districts of Sindhupalchow, Makwanpur, Dhading and Khavre, Nepal where the population is largely illiterate. prostituted Nepalese girls were rescued through a police raid in Kamatipura, India and were then repatriated to Katmandu.

There are various points where these girls who are being trafficked can be saved but greed and unethical practice ignores these. Traffickers ferry large groups of girls at a time without the hassle of paperwork or threats of police checks. The procurer-pimp-police network makes the process even smoother. Bought for as little as Rs (Nepalese) , girls have been known to fetch up to Rs , in later transactions. Police are paid by brothel owners to ignore the situation. Girls may not leave the brothels until they have repaid their debt, at which time they are sick, with HIV and/or tuberculosis, and often have children of their own. These girls trafficked are forced to work in the flesh trade industry and become a prostitute.

Who are prostitutes? Prostitutes are part of the society, victim of social, economic conditions and power. These are people and human being who are always denied for their identity as a part of society. Prostitutes are seen as a negative element in the society while people from the same society visiting prostitutes remain respectable in the society. Rapin states “For one is not born a prostitute, one “is made” a prostitute. It is the result of social and economic forces which ensure that people, whose self-esteem is already vulnerable or shattered, often by sexual abuse within the family are put on the market and transformed into sexual objects for their entire life., ”  People many a time perceive that prostitutes operate in a market where they sell their bodies and other person who needs it buys it. People tend to forget that body and soul of a person can not be separated.

This market can not be compared with the traditional markets. Human being is not saleable objects. They should not be treated as object. This shows overall degradation of the level of society. No matter what kind of situation a prostitute is facing, people are concerned for the service they receive from her. Prostitute is deprived of all of her rights.

The victims of prostitution are women and girls of age group of nine to late twenties. The age of a girl can go as much down as eight years. This is due to demand of virgin girls and high price attached with them. It is easy for the traffickers to allure small girls and traffic them. They are less likely to resist for long hours. They can be controlled easily and they can be sold at higher prices. Women from all the caste system, economic background or geographic location of Nepal are thrown to the prostitution. Women and girls are the primary victim of the trafficking and prostitution. The secondary victims are their family and people who get impacted by the loss of these women and girls. However the loss in terms of physical, mental, emotional, psychological and financial is much higher for the primary victims than secondary victims.

“The Nepali girls, some as young as , are prized by Indian men for their fair complexions, small eyes, and beautiful Mongolian features.” The girls are very naive and innocent,” she said. An estimated , to , young Nepali women are abducted or run away from home each year to go to India to become prostitutes, according to Ghimere.

There has been long time debate and demand from the prostitutes from red light areas (prostitute areas) of India to legalise prostitution as a profession., In India various NGOs has come forward to support prostitutes in various ways from providing assistance to leave prostitution to providing education to their children.

The first category of recruiter is a member of family or person known to the girl or women. In this type of recruiters, girl, her family or either of them trust completely on the recruiter’s words whether it is false promise or straight forward talk. In the case of extreme poverty or greed parents knowingly send their daughters with this person to the living hell of brothels.

The second category of recruiter is local women who return from brothels. The main problem with these kinds of recruiters is that they have spent their youth in prostitution and they do not have idea or skill of other earning opportunity. This way easy money can be earned. These women are in there thirties. They can upgrade their levels in the brothel from prostitute to, brothel keepers, brother managers or recruiters. They present themselves as very successful women. This helps those attracting new girls towards them. They usually tell false story of successful lifestyles. Many a times these girls flee with the women without the consent of their parents or family members.

Only a short time before my visit, a madam had alighted upon this remote hill village in Sindhupalchowk in a helicopter rented from Kathmandu, for which she must have had to pay a sum of about $ , . She descended like a celestial fairy mother in the midst of these poor village folk, in all her resplendent finery, and doled out little gifts of baubles and cosmetics to the starry-eyed adolescent girls….When this madam left the village, seven young girls disappeared with her.

Women and children abducted from different parts of Nepal are taken from the Terai and eastern Nepal borders like Sunauli, Raxaul and others. It depends on the destination of trafficker which route he will take. If he is going to Kolkatta (Calcutta) than he is more likely to take Raxual border while if he is coming to Delhi he can take Sunauli border. For Delhi and Calcutta traffickers prefer bus while for Mumbai they have to board on train from Gorakhpur, Lucknow or Delhi. In any case they prefer buses over trains and other methods of transportation. This is due to the fact that double seat of buses allows less opportunity for the co-passengers to get friendly with victim or trafficker hence the risk is lowered.

“There are , to , Nepali prostitutes in Calcutta and an estimated , to , in Bombay. In all the big cities in India you can see Nepali girls,” she said, adding that a total of, Nepali women are currently working in the sex industry throughout India. Most of these girls are lured away from their Himalayan villages across Nepal’s southern frontier; by men who promise to marry them or give work. They end up working in brothels in Calcutta, Bombay, New Delhi, and elsewhere in India.

Tender aged Children are sold in Mumbai, Delhi and Calcutta at high prices to ensure virginity of the victim for the Arab bidders. There is a misconception among Arabs that sleeping with a virgin cures diseases like gonorrhoea and syphilis. It is considered heavenly act for them. These young girls who are barely in ninth or tenth years of age and whose menstruation cycles have not started yet gets trapped into auctions. They are sold as high as sixty thousand Indian rupees or more. First sexual encounter becomes dreadfulness act for these children and impacts their growth and development negatively. Apart from the tormented mental and physical conditions they get infections of diseases like gonorrhoea and syphilis and other sexual diseases at very early stage. They are resold again and again in various brothels and these sexual diseases gets transmit from them to several others. It is estimated that more than fifty thousand prostitutes are in Calcutta, Delhi and Mumbai each.

Brothels vary in size, ethnicity, price, location, environments, management types and customer types and sex workers available. Demand of the brothels with more number of young sex workers is high. The most common and cheapest type of brothel is known as “Pillow house” which has curtains hung between the beds and at one time many prostitutes can be serving many man in these curtain divided beds.[ ] If any woman refuses for any customer she is beaten in front of the customer and other inmates. Customer gets the women he wants with his ability to pay.

About one-fifth of all Bombay’s brothel workers, or approximately , women, work in squalid brothels like these on numbered lanes (or gallis) in Kamathipura. Certain lanes, like the th and the th, are known particularly as Nepali gallis. Many customers seek out Nepali prostitutes specifically, because of their looks and their exotic reputations.

“You feel dirty all the time. Ten, fifteen, twenty…..I don’t know how many men I used to entertain each day. I hardly remember their faces. What kind of pleasure you expect one can have in doing such things all the time? There was no time in the brothel. Whenever customers are coming time used to start. I still feel dirty all the time. No matter how many times I take bath…….Malai lagcha ki mero masu niske summa pani yo maila jaandaina means I feel that unless flesh of my body is torn apart this dirty will not go out of my body. I hate myself but I can not do anything more than that. I hate man… every man I see I feel he is coming for one thing only. I trust no one. My own brother has sold me. You know I used to celebrate Bhai Tika with him. How many times I had wished that I could kill him. He was supposed to protect me.”

The above paragraph expresses the agony the pain one goes through. Probably it is easy to choose words to express what they feel but it is very difficult to find ways which can heal this pain of deception, hatred, torture and pain.

“They are beaten in the brothels,” said Durga Ghimere, president of ABC Nepal, a Kathmandu-based women’s welfare group funded by the American Foundation for AIDS Research, UNESCO, and the Global Fund for Women, and the Washington, D.C.-based Center for Population and Development Activities. “Each woman must entertain more than men in a night. It is inhuman. Women should not be treated like animals.

In this phase the prostitute has spent considerable time in brothel and is allowed to go outside without guards, do shopping, watch movies and meet her family and parents. In this stage prostitute can be promoted to brothel keep or manager position or a recruiter for new girls. This is the stage when women feel totally comfortable in the environment. They accept their life in that way and look for their future in the same. These are the women in late twenties or mid thirties.

“The worst is perhaps that violence is perceived by prostitutes as one of the risks of the job and they are resigned to facing insults and mistreatment. In terms of values, it is absolutely legitimate, since there is a relationship of domination between the client and the prostitute. Prostitution, in the male imagination, induces the idea that women are basically sexually available for men’s desires – it is this logic which is at work in rape – that you simply have to pay and things will happen relatively easily.”

History of Trafficking of Women and Girls in Nepal

Prostitution has a long history in Nepal. It is said to be promoted by the family of a line prime ministers “Ranas”. Rana’s rulings have been known for exploitation and cruelty in Nepal. They were aggressive ministers who controlled royal families. Ranas has been very active from to. This period was witness of mutinies. These ministers started trafficking girls from the hillsides to serve as concubines for the ruler and their family members. Initially girls from Helambu (Yolmo) region of Sindhupalchowk were recruited.

The antiquity of trafficking may be murky, but there is no doubt that there is profit in selling sex. That much is obvious from even a cursory look at some of the households of Sindhupalchowk’s villages such as Ichowk, Mahankal, and Talamarang.

These girls were Tamang girls. Even when Rana’s regime was over, the recruitment of girls to the ruler families continued. In the present scenario women and girl from these regions are sold in to the brothels of India. As stated by Newar sex trade in Sindhupalchowk started with the supply of Tamang and Sherpa girls from this region to Royal court of Ranas’ in Kathmandu. It started with bhitrini (concubines) and susaaray (maid servants), which later involved sex. Women and girls are trafficked from all the geographic locations of Nepal from tarai (plans) to hill areas. This phenomenon is particularly high in the areas mentioned above like Sindhupalchowk’s villages such as Ichowk, Mahankal, and Talamarang. The number of girls and women eloping each year has been so high from these regions that it has become one of the most preferred areas for research on various trafficking and women related issues. It has been noticed that Mid western and Far western regions of Nepal has an untouchable castes status called Badi. Women from this caste serve as prostitutes.

“Known as the Badis (pronounced ‘bod ee’), it is estimated that well over Badi prostitutes are now actively engaged in the sex trade in Nepal. In , a study of some of the social and cultural practices of this unique group was completed. In addition to the provision of counselling and information about STDs and AIDS, over prostitutes were interviewed about their sex practices within the Badi community. Two hundred and twenty-eight Badi prostitutes consented to voluntary confidential testing for VDRL, and consented to anonymous, unlinked sero-surveillance for HIV.

Once a Prostitute is identified as an AIDS patient she will be thrown out of brothel and in Nepal she will be victim of immense discrimination among her own people. There is a social taboo attached with the patients of AIDS. People instead of having sympathy for discarded them as a wound of society. As stated by Bhatt, Gurubacharya and Vadies rates of infection are higher in low class prostitutes and Badis who are often untreated and unreported.

Reasons of Trafficking of Women and Children in Nepal

Nepal economy is mainly based on tourism and agriculture. Due to political disturbances of last one decade and internal conflicts which arise after assassination of royal family of Shri Panch Virendra Vikram Shah Dev and growing conflicts with Maowadis, end of monarch and rise of democracy. All these political disturbances influenced various industries, overall economy and societies. In the hill area agriculture itself is a difficult task. It is not possible to use any heavy equipment and men rely on their labour for the agriculture process. Added to this is uncertain weather and insurgencies of Mao supporters (Maowadis) resulted in disturbing all kinds of living opportunity. The hiatus between rich and poor increased in many folds during this period. People started sending their children to study abroad or neighbouring countries like India.

People went for jobs abroad like gulf countries, UAE, Kuwait, Japan, Korea, European countries and many others. Extortion by Mao supporters in the name of contribution for country and taxation system of existing government led to a situation where people had to pay dual tax on their incomes. On one hand people were paying tax to the government and other hand to the Mao supporters. In such conditions notorious elements became active who extorted money on the name of Mao supporters. Poverty and earning opportunities for the people went further down because investor started withdrawing money from various areas.

Conditions in some parts of hills were very poor. Man and boys of the families were told either to join Mao supporter’s army or leave the area. Mao supporters demanded one member of the families from this area. Due to this, people started migrating from hills to plans. In plans they had better opportunities. Some families migrated to India. These families were also vulnerable to sell their girls. Poverty led to situations where head of the family may trade off existence of entire family by selling one girl. In certain cases parents have sold their daughters knowingly.

Various political and economic conditions led to decrease employment opportunities. Thus in search of job women were also eager to work as a domestic help in the big cities in India. They also look for opportunities in factories, media and various other industries. The problem with women and girls seeking opportunities in India is that they lack information. They o not have a proper source of information from where they get reliable information. They have to rely on the word of mouth of other people. Most of the times, they get trapped in the fabricated words of recruiters and traffickers and end up in brothels.

Girls and women in most of the parts of Nepal are deprived of educational opportunities. Boys of the family gets recourses of family directed towards him for all the possible opportunities but girl of the family not even gets chance for basic education in many cases. Early marriages are acceptable in the society. If girls get married in young age they depend on the wish of husband or in-laws for education and other things. They can not take decisions for their own. They are referred as second sex and treated in the same way. Even men are not educated enough.

This is one of the important reasons. In today’s world which has become more materialistic, people want all the facilities and luxuries. They do not mind killing others, selling drugs or selling women and children. This is a lucrative opportunity for them as they get huge sum of money with less risk.This is an easy money making process. Families sell their girls not only for food but also to increase their social status by her earnings. People sell other’s daughter or women to meet their own needs. Greed has no limit.

“Human Rights Watch /Asia conducted interviews with police officers, activists and with seven women who had returned from India, all but one of whom stated that they had been forcibly trafficked for the purposes of prostitution. Methods of coercion ranged from false job or marriage offers to drugging and kidnapping. Four of these women were alleged to be HIV positive by neighbours or aid workers. Of the interviews, four are detailed accounts by women who had returned to Nepal within the last year. These four testified to the methods of force and coercion used by traffickers and provided information about areas of origin of victims and routes travelled, conditions in the brothels, the role of the Indian police, methods of escape and return, and treatment upon return, both by the authorities and by relatives.”

In some villages like Nuwakot and Sindhupalchowk which has been one of the women supplying areas for Mumbai brothels the greed has gone to the level that people knowingly throw their daughters in prostitution. They improve their living standard by making life of their daughter hell. It is not enough. The moral values have gone down to the extent that one of the members of the village is appointed to travel to the brothel to collect money earned by their daughters. According to Human Rights Watch a woman living in such condition who is not paid for the service she is giving and depends on tips from the customer for her second meal of the day is pressurised to save from that amount as well to send it to her family.[ ] At the end of the life these family members enjoy comfortable life by her earnings on which she does not have any right if she comes back. This leads to a situation where she neither has financial security nor family support.

Girls and women who has been taken as a virgin from Nepal come back as a factory of venereal diseases, sexually transmitted diseases, poor health conditions, suffering from malnutrition and psychological disorders. The worst to happen to any women is getting infected by AIDS. It is estimated that more than fifty percent of women returning from Indian brothels are HIV positive. These women have to go through HIV test when they reach Nepal.

This network starts with the prospect victims. Trafficker who is usually a person from the same village or someone known to the prospect victim or her family convinces girl to come with him or family to send her with him.Once they start their journey usually in the midway somewhere girl is given drug or any kind of anaesthesia. Trafficker sell girl to the brothel owner and leaves her there. During this process if he gets caught somewhere by police or other agencies he will not hesitate to bribe them on the spot and move ahead toward his destination. Brothel owner registers new girl in police station by making a charge against her showing her age as adult if she is minor to safeguard any future problems. Brothel owner pays police officials/ political people their fees or share as well as to the local mafia. Taxi drivers, shopkeepers and vendors are informer of brothel owners who helps them preventing any girl to escape.

“An adult woman’s right to make her own decisions must be recognized, even if this includes, for example, a decision to migrate for work in the sex trade. Disregarding the will, wishes and choice of an adult and confining her to forcible protection or “Rescue” is a violation of human rights.”

Legal system in Nepal has strict prohibition for people involved in trafficking. If charges are proven a person might get up to twenty years of imprisonment, life imprisonment, penalty or combination of penalty and imprisonment. The drawback of the system is that in most of the cases people do not report the case due to social stigma and pressure. Only few cases are filed in which lengthy judicial processes and corruption plays important role in delaying the process. Most of the women trafficked does not have idea of their judicial rights.

Existing laws in both countries have had virtually no effect on curbing trafficking. Poor training, corruption and the lack of political will among senior government officials on both sides of the border means that the laws go uninformed. Officials also try to evade responsibility for the problem by categorizing trafficking as purely a social problem. Lack of transborder cooperation between India and Nepal compounds the problem. Apathy on the part of both governments, the highly organized nature of trafficking networks, police corruption and the patronage of influential government officials means virtual impunity for traffickers.

The problems of women and girl trafficking is so deep rooted within the society and organised that it is going to take considerable time to combat the problem. The laws and procedures should be quick. There should be particular time slot given say days or days within which the case should be solved. In the case of special complications the time period can be extended to three months but not more than that. Nepal government should try to get a separate division to deal with the problem with the support of Indian Government. There can be special judicial procedure on which both the countries agree and it should work as an independent body. There can be various other things done in order to prevent future cases. Witness as well as complainant should get protection. Modern and advance techniques should be used in investigation and evidence collection.

“No specific laws should be enacted to criminalize prostitution. Protecting and ensuring the legal and constitutional rights of socially and sexually stigmatized communities is an essential step in countering their social stigmatization and marginalization and creating viable ways to exit sex work. Criminalization of prostitution and withholding protection to stigmatize communities from harassment by law enforcers and exploiters in the sex industry will only further dis-empower these women, their families, and communities.”

National and International Laws and Policies

In women and men were granted equal political rights, in the civil code abolished all discrimination against women and finally in equal pay legislation was enacted. There are various laws and legal rights of women described in previous sections. Muluki Ain th Amendment Bill is one of the latest and considerable developments with the focus of improving women condition, providing them various rights and equal treatment within the society.

Indian Constitution is the supreme authority in India. This constitution has protected various rights of living, education, expression, movement and others of an individual. Some of the important feature of Indian Constitution is discussed briefly:

• Article of the Indian constitution states that all human beings are born free and equal dignity and rights
• Article : Right to life, liberty and security of person
• Article : No one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.
• Article : Article of human constitution prohibits traffic of human beings and forced labour and makes it punishable under Suppression of Immoral
• Traffic in Woman and Girls Act,. In this Act was renamed as The Immoral Traffic (Prevention )Act

Article (f) of Indian Constitution provides that the children should be given equal opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity: and that childhood should be protected against exploitation.

Article : This Article directs state to promote the educational economic interests of women and weaker sections of the people and that it shall protect from the social injustice and all forms of exploitation. It is evident from the above mentioned articles that prostitution which is taking place in large scale in all the big and small cities in India is constitutionally a crime against women and society. There are other laws which are developed and implemented in order to deal with issues of Human Trafficking and Immoral Traffic in Women and Girls. These are The Immoral Trafficking Prevention Act, , Suppression of Immoral Traffic in Women and Girls Act- and Prevention of Immoral Traffic Act.

The Immoral Trafficking Prevention Act: This is the main statute which deals with sex work in India. It does not criminalise prostitution or prostitute. It has provisions to punish the third party which has facilitated prostitution. This includes brothel keepings and keepers, living on the earnings of prostitutes, procuring prostitutes an even in the cases where sex work is not a forced activity.

Under these act any person found guilty will get Punishment not less then years and not more than seven years. If the offence under the sub-section is committed against the will of the person, the imprisonment for a term of seven years shall extent to fourteen years. The other provisions cover offence against child. If the child is minor than, guilty will not get less than seven years and more than fourteen years imprisonment.  In the case it is a child that not less than seven years and the punishment can be extended to life imprisonment.

The main objectives of The Immoral Traffic (Prevention) Act- are to punish traffickers, prevent immoral trafficking, and punish persons living earnings of the woman and welfare measures directed towards rehabilitation of sex workers. It also states that convict will get not less then one year rigorous, not more than three years, and also with fine up to two thousand rupees. (in first convection) or Not less then two years rigorous but not more than five years, also with fine up to two thousand rupees.

There has been an important decision taken by the SAARC Convention Protocol. It was to safeguard women and children against various trafficking. It included direct or indirect enforcement. Forced labour, rape, prostitution, slavery and even organ transplantation of these trafficked persons is included .

The debt bondage which supports the trafficking nexus is also tantamount to forced labour, defined by the ILO as, “All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” Slavery and forced labour are prohibited by other international law and under Nepali and Indian laws. India enacted the Bonded Labour System (Abolition) Act in which outlaws all forms of bonded and slave labour. In addition, article of the Indian Penal Code makes it a crime to compel unlawfully any person to labour against his or her will.

Nepal has identified fourteen international conventions. Many of these conventions were adopted of the pro-democratic movement in. The recent ratifications include the:

• International Covenant on Economics, Social and Cultural Rights (ICESCR);
• International Covenant on Civil and Political Rights;
• Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR);

Convention against any cruel action or deed which can be rated as inhuman in accordance with the following:

1. International Covenant on the Elimination of All Forms of Racial Discrimination;
2. International Convention on the Suppression and Punishment of the Crime of Apartheid;
3. Convention of the Elimination of All Forms of Discrimination Against Women;
4. Convention on the Political Rights of Women;
5. Slavery Convention of , including amendments; Supplementary Convention on eliminating Slavery, the Slave Trade and Institutions and
6. Practices Similar to Slavery; and Convention on the Prevention and Punishment of the Crime of Genocide[ ]

This section covered various aspects of trafficking of women and children in Nepal, prostitution, their conditions data and national and international laws for the same. Internationally trafficking in person has become a major problem. Trafficking ends up in a situation where the victim has to live in a vulnerable situation and becomes potential victim for all kind of physical, psychological and mental exploitations. International and national legal systems of various countries are trying to deal with the issue. This is an organised crime and people involved in it are professional criminal. The overall system needs to be very effective in terms of dealing with such situation.

One of the major drawbacks of the legal systems is lack of taking appropriate actions on time. Criminals get away with the lacunas of legal and administrative systems of these two countries. Numbers of the cases registered are estimated to be very less as compared to the trafficking and abuse happening each year. Time involved in judiciary process provides opportunities to convicts to pressurise witness and victim both.

Story of Neela is classic example of greed of her father which encouraged him to sell this fourteen years old girl from their village in Sindhupalchowk to Bhaktapur, a suburb of Kathmandu to sell in Bombay Brothel in the false claims of better job, living and earning opportunity. January , the cruel aspects of Neela’s life became reality. Neela had been raped, beaten and forced to do prostitution. All these are violation of Constitution rights of an individual living in India. It is violation of international laws and rights given to women and citizen of Nepal.

Sita was one of the lucky women who have been able to run away from the brothel. She was able to do the same because she got help from outside. A vegetable vendor helped her. Sita was married and had one son. When she was trafficked and sold to the brothel her son was taken away from her and she was never able to see her son. She returned to Nepal. She did not have courage to go to home directly. She sent her message to her family. It was auspicious time of festival Teej when married daughters return to their family, share their love and joy. Everyone in her village came and greeted her. Except her brothers everyone in the family treated her well.

This case gives a hope to the women who has been deceived and sold and scare of whether or not their families will be accepted. It was a violation of human rights and The Immoral Traffic (Prevention) Act- in India.

Mira was offered a job as a domestic worker and ended up in Falkland Road Bombay. -year-old Mira felt as if tens of thousands of young women are displayed in row after row of zoo-like animal cages. She has been duped and sold by her father.

“When she refused to have sex, she was dragged into a torture chamber in a dark alley used for ‘breaking in’ new girls. She was locked in a narrow, windowless room without food or water. On the fourth day, one of the madam’s thug’s goonda wrestled her to the floor and banged her head against the concrete until she passed out. When she awoke, she was naked; a rattan cane smeared with pureed red chilli pepper shoved into her vagina. Later she was raped by the goonda. Afterwards, she complied with their demands. The madam told Mira that she had been sold to the brothel for , rupees (about US$ , ), that she had to work until she paid off her debt. Mira was sold to a client who then became her pimp.[ ] (Robert I. Freidman, “India’s Shame: Sexual Slavery and Political Corruption Are Leading to An AIDS Catastrophe,” The Nation, April )” (Chennaionline.com)

In , Tulasa was thirteen year old when she was abducted from her village near Kathmandu in Nepal. She was sold to a brothel in Bombay. Tulasa was told to serve Arab clients, dressed in European-style clothes and taken to luxury hotels. At one place manager of the hotel called police. This was rescue for Tulasa. She was hospitalised and suffering from three types of venereal disease and tuberculosis.

Maya was abducted by a man near Gorkha, West Nepal when she had gone to watch movie. She was kidnapped and remembers nothing about the journey to India. She was sold to a brothel in Bombay’s Belahouse district. This girl was starved and beaten. She had been raped till she agreed to do the things they wanted. She spent fifteen years of life in the brothel.

Radha was sold by her uncle in fifty five thousand to a brothel owner. She worked as prostitutes in the streets, receiving ten to twelve clients in a day. She told that refusing any work would end up in torture. They used to keep all the money she earned and was still not satisfied with that and kept on pressurising her for earning more.

Rita Kumari and Radha Kumari are one of hundreds of thousands of Nepali women who are abducted or persuaded to go with brokers by their parents, husbands, relatives and friends.  Young women often from rural, poverty stricken areas are sold by their parents and sent to larger cities to be kept in slave-like conditions in huge and highly profitable brothels.

It is evident from the research findings that in majority of the situation girls and women have been thrown in prostitution. All of the girls were sold, beaten and tortured, raped and gone through inhuman conditions. Most of them were in their tender ages from thirteen to mid twenties. All of them agreed that living conditions were pathetic in brothels. They have been beaten regularly and more at initial conditions. They were not able to escape without external help. Most of the women interviewed were either thrown out of the brothel because their loans have been paid off. But these respondents say that they have been thrown out because they were losing their youths.

Many of the women interviewed did not go to their families after first few efforts of contacting them. Some of them were accepted and welcomed by their families. Women got support from their family recovered fast and were able to establish themselves. All of them agreed that their life is much better now. Some of them have started their own work like small businesses etc. They have indicated that role of NGOs has been important in helping them getting out of brothels and learn new skills to establish themselves. Leaving two respondents all of the women wanted to see people punished for selling them and forcing them to get into prostitution forcibly. Not only this these women want government to educate women and girls getting real information about what happens to girls going to Mumbai.

Responses from these respondents have been based on emotions as they still feel devastated physically, emotionally and psychologically. In any case the stories of these women as well as cases mentioned in the secondary research are classic examples of violations of all kinds of laws and rights of women and children whether it is law of provincial level, national level and international levels. These are violations of laws of Nepal  Country Code , Human Trafficking Control Act , Trafficking in Human Beings Bill, , The Human Trafficking (Control) Act, and Human Trafficking (Control) Act of. Based on the violations of all these Acts, the offenders can be punished in Nepal. If trafficker is citizen of Nepal can be convicted against all these offences. In all the cases people who have been responsible for the trafficking of these girls are either dead or can not be caught in the lack of evidences.

At present various rights has been given to women in the Muluki Ain Amendment.[ ] The first and most important is acceptance of daughters as heir for the ancestral property. They have inheritance right by birth equal to the sons. This has been changed from the previous format of rights of unmarried daughter above the age of thirty five years. Right of widow in the property, Right of a woman in her husband’s property as well as right of a divorced woman in the property is given. The concept of Husband’s property has changed as earlier it was assumed that only husband contributes to the household, in the present scenario the contribution of woman financially as well as household duties has been recognised and it is accepted that any property husband and wife make together is owned by both of them hence woman too have equal right on that. Daughters has the equal right for upbringing and this bill grants them right to food clothing education, health facilities and equal treatment.

Adoption of son has been given as a right to the woman who was earlier denied for this right. Earlier if husband is alive or he has sons from his other wives, woman was denied for the right to adopt a son. Even in the case of right to get divorce in the situation of sexual intercourse with third person was given to man only previously now it is available to the women as well. Adoption has been restricted in the case of daughter. Parents can not give away their own daughter as they can not do in the case of one son. Up to twelve weeks of pregnancy when the sex of child can not be determined women can opt for abortion from their own consent. In the case of rape and incest this is extended to eighteen weeks.

Earlier abortion was not allowed in any case whether it is rape or incest. If the pregnancy poses life threat to the women or her physical or mental health or if it can lead to the birth of a disabled child, such cases are considered as special cases. With the advice of medical practitioner, abortion can be conducted anytime of pregnancy. Abortion on the basis of sex identification is strictly prohibited. Amniocentesis test to determine sex of the foetus is punishable act to conduct.  A person guilty under this act can get punishment of three to six months jail. In the case of abortion performed on the basis of sex determination to get rid of unborn female child the person can get one year imprisonment.

This bill has covered sensitive issues like rape as well however the definition of rape is still not very clear as it is in the legal systems of various countries. At present rapist gets imprisonment of to years in the case of minor, below years of age and in the case where victim is above ten years but below years of age, convict gets imprisonment of to years. In the case of women years or above that the imprisonment of to years is given. The statements of victim will be taken only by a female police officer and only certain people will be allowed inside the courtroom during the hearings. This is adopted with the view of sensitivity of the rape cases. To discourage child marriage government has increased the punishment up to years and fine up to ten thousand. Punishment increases in the rape cases where gang is involved or it is a case of rape against pregnant women, disabled or mentally disturbed women. The convict will get additional five years imprisonment in such cases.

Many of women in Nepal get false marriage proposals. This bill covers the marriage by misrepresentation of each of the cases of men and women.[ ] Any party misrepresenting themselves will get up to ten thousand rupees fine for conducting such act. This has provided equality in the case of marriageable age. Man and woman should be at least years old if they want to get married without the consent of their parents. However with the consent of their parents the marriageable age is eighteen years for each case. Bigamy is strictly prohibited. Second marriage is allowed only in the case of death of the spouse or divorced from the partner.

Muluki Ain Amendment bill has successfully addressed various aspects of rights of women. However there are certain areas which are not covered in this bill as well. This is due to complexity of these issues within the society, it could not be covered. The first amongst the all is definition of rape. There are various circumstances when women can be a victim of rape and there are various ways to perform it. People involve in this crime can be known or unknown person or even husband of the victim. This bill does not recognise marital rape; where as any kind of sex where consent was not there should be considered as rape. There is an immense need to define rape widely.  The Forum for Women, Law and Development, Kathmandu is working towards addressing women issues more effectively.

People move from one place to other in search of good job opportunities and improve their living conditions. This is called migration of people. According to Commaraswamy trafficking in person means the recruitment, transportation, purchase, sale, transfer, harbouring or receipt of person by threat, violence, abduction, fraud, deception or coercion’s here are various reasons of trafficking mentioned by Hatton and Williamson .These are real wage gap between home country and foreign destination, industrialisation, emigration rates and many others. Broadly these reasons can be categorised in economic reasons, social reasons, environmental reasons and other reasons.

In Nepal trafficking of women and children is five thousand to seven thousand.This is an alarming situation for both the countries. The average age group of girls is nine to fourteen years. These girls are abducted, false promised and given false information on good job offers and they are sold in brothels. In brothels they face torture, humiliation, rape, frequent beatings and other inhumane conditions. These girls are vulnerable victims. They are treated badly, raped, malnourished and likely to get infected with various sexually transmitted diseases and AIDS. When they come back to Nepal they are not accepted in their societies and families. The post prostitution life for these women is as complicated as it was when they were doing prostitution. They are less educated hence they can not do job. They are not skilled to do any other job. This makes them vulnerable and lost. Almost all part of the world condemns such activities against any human beings.

Legal system of these two nations as well as international laws provide various rights and security to an individual against any kind of discrimination, violence, expression and others. Trafficking of women and girls from Nepal is classic example of violations of human rights. In the Indian Legal System constitution has provided various right to an individuals and special rights to women, children and people from vulnerable sections of the society. The trafficking and forcing of women and children to the prostitution is violation of their fundamental rights in India. The Immoral Trafficking Prevention Act, , Suppression of Immoral Traffic in Women and Girls Act- and Prevention of Immoral Traffic Act – covers the issues related to the trafficking and its prevention. On the other hand in Nepal amendments like Muluki Ain are good signs of developments toward improvement of girls and women within the country.

Whatever has happened to these girls is also offence according to Indian Legal Systems and rights given to individual in India irrespective of her nationality. The legal system and constitution should provide protection to all these women at different stages. Article and Article protects the right to life, liberty and security of person as well as torture, cruel treatment and degrading. Unfortunately all these women faced these conditions of torture, cruelty, degradation and punishment in India. They should have been protected. The issue of trafficking of women and children is serious for both the countries involved. It is question of basic right of human being. These girls are treated worst than animals. They are human being and should be treated as human being. Failure to protect these women from the situations they had gone through indicates that there is a need to find out loopholes in the system at the lower level. Ultimately policies are implemented by people at lower level. There should be some kind of reward and punishment system which identifies work of people at implementation level.

In UK “Every Child Matters, ” was created after the incidence of Victoria Climbe’. This eight year girl was victim of child abuse and died within a year in UK. Her paternal aunt had trafficked Victoria. There were twelve incidences when this girl could have been saved. Negligence was evident at various levels. This proposal was to establish a database for all the children in UK. This includes maintenance of database of children coming from other countries.

It can be concluded that legal systems of these tow nations as well as internationally each human being is protected. Trafficking is a global problem. From Nepal thousands of women and children elope in India and most likely they are sold in the brothels of cities like Mumbai, Kolkatta, Delhi and other small cities. These girls and women end up in a bad situation. Their basic rights over their own body are snatched away from them. They are physically and mentally abused. They are treated as a commercial product which is owned by someone, displayed to someone and sold to someone.

The legal systems of these countries have protected rights of these women and children on the paper in constitution and legal systems. Many times women are not aware of their rights. They are told that no one is going to help them and police will held them in jail if they approach them. Corruption is deeply rooted in Nepal and India. People caught with a minor girl can get away in as many as fifty to hundred Indian rupees. These girls are sold in forty to sixty thousand. They become slave for entire life. They are told that they need to pay back than only they would be freed but usually not told about the amount on which they were sold and their earnings.

In the paper failure of system is evident. Reasons to failure of system in Nepal are disturbed political condition. In the case of India it is failure of entire system and state where such activities take place.

There are various ways this situation can be handled. In any case the first step should emphasis on the educating people at the village level. More employment opportunities should be generated in order to provide people job within the country. Problem of trafficking and related issues should be studied and routes and basic reasons should be identified. The magnitude of the problem should be discussed and commitment of influential people of the society should be gained. There should be more focus on the bilateral talks of two countries on this serious issue of trafficking of women and children. The role of NGO and other social organisation should not be ignored. NGOs should be provided with better means to deal with pre-trafficking, trafficking and situation resulted after coming back from brothels. They should get proper trainings to develop their skills so that they can earn their living respectfully.

One of the most important areas for victims of these incidences is getting justice from the judiciary system. Primarily many of the cases are not even registered against culprit. Very less numbers of cases are registered among which justice is delayed. This delay allows culprit to pressurise victim to withdraw the case.

People do not have knowledge of legal proceedings and rights they have under judiciary system. There is a dire need of communicating people about basic rights. Girls, women and people at the village level and other parts of the country should be informed about the kind treatment women get in brothels and living conditions in which they live. Real images should be used in the form of Visuals of billboards.

There should be strong action taken against any official caught taking bribe on trafficking of women and children. Action should be quickly taken and these persons should be penalised.

Use of close circuit cameras by the border police can help. Any girl or women of age group of five years to thirty years should be registered and data should be kept in a centralised database. In the case of women and children of this age group are moving out of Nepal they should get prior permission from the local governing body. It should be entered in the database and it should have the details of person accompanying them. In the case of returning from India they need to get entry in the database. In the case where any child or women has not come back from long period than expected her family should be contacted. In the case of minor child moving out of Nepal the person accompanying should have a consent letter from both the parents. If either of parents is accompanying the minor, consent letter from other parent should be presented.

All these process will make taking women and girl out of Nepal a difficult process. At each point there is cross checking and prevention measures taken. Apart from it the centralised data base will help in keeping track of women and children moving out more easily and efficiently.

Any official if found guilty or corrupted should be immediately discharged from his services and strict action should be taken against him.

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