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Introduction
Cross-border trafficking is one of the major issues that shape India`s internal security policies. The illegal trafficking across borders largely with open stretches of border with Bangladesh makes India extremely vulnerable to humans, drugs, cattle, and fake currency note trafficking. Human trafficking covers a large part of this illegal activity. The 2003 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organised Crime, to which India is a signatory, defines trafficking in persons. As ” the procurement, to obtain, directly or indirectly, a financial or other material benefits, of the illegal entry of a person into a state party of which the person is not a national “. It includes sex trafficking and forced labor. Although Article 23 of the Indian Constitution prohibits human trafficking, it does not define the term. The country’s first definition of human trafficking based on the UN trafficking protocol was first seen in the Criminal Law (Amendment) Act of 2013, which substituted Section 370 of the Indian Penal Code with 370 and 370A which deals with the trafficking of persons for exploitation. However, this does not include forced labor. Nor does the Immoral Traffic (Prevention) Act of 1956 (as amended in 1986). Other laws about forced Prosecution in the country do not adequately address the complex issue of human trafficking for labor.
Reasons
Some of the borders stretches along Bangladesh are still unfenced which facilitates the intruders. The key reasons for illegal migration include job opportunities, medical treatment, and visits to families on the Indian side of the border. Local touts are part of larger network activity on both the side of the border. they have bases in the bordering villages taking advantage of a similar cultural and linguistic character. They lure local people for many things like jobs, better life, etc, and in pursuance of these dreams, local people pay and get the fake paper to get in. It is very difficult for the BSF to detect it along the border. First, illegal migrants can not remain in the custody of the BSF for more than 24 hours. Second, migrants are often unaware of the fact that they are been trafficked by the touts who often promise a job in India through West Bengal or any other state sharing an international border. Later on, they end up being either in prostitution or forced labor. This makes it even worse for our security agency to make a distinction between migrant smuggling and human trafficking.
Weaker laws are another reason why illegal trafficking and migrant smuggling are not stopping. once caught migrants are usually charged under the Foreigners Act 1946 for illegally entering India. The act states that if the offender is a foreigner, he/she should be punished under this act and be deported. The cross-national touts/migrants smugglers are set free after a sentence of a few months.
Effects
Illegal migrants pose a serious threat to our national security. The unchecked and illegal migration could facilitate terrorist outfits to penetrate the country and carry out terrorist activities. Many of the apprehended members of the banned terrorist organization have accepted the fact of cross-border terror financing through illegal migration. the second concern, the change of demographics at the local level adversely affect the peace, law and order and social establishment in the region. The illegal migrant tends to compete with locals in jobs. Through illegal means, they try to secure ration cards, Adhaar cards, etc to get benefits of government schemes. It not only deprives the real beneficiary also stresses the present government delivery mechanism. At the social level, comprehensive sentiments of the population tend to change as the number of illegal migrants increases. This thing is depicted in the often clashes between the communities in the borderline areas of Assam and West Bengal. They often tend to change the voting patterns at the elections. It sometimes makes political aspirants and parties lure migrants for votes with promises of access to various benefits through the government scheme.
Remedies
Ensuring complete fencing of borderline and increasing patrolling of agencies like BSF can act as a first deterrence to illegal migration and trafficking. Indian laws barely penalize traffickers adequately. we need Article 23 of the Indian constitution to clearly define human trafficking. Laws should adequately mention the different aspects of human trafficking, forced labor, sex trafficking, and child trafficking and strict punishments for all those how involved in these crimes. More cooperations between security agencies need (between local police and BSF ) to deal in cases of illegal migration. Also, we need to work closely with countries like Nepal, Bangladesh to check illegal migrants. The UN office on drugs and crime notes,” migrant smuggling affects countries of origin, transit, and destination “. Also, we need to have a proper reporting mechanism so that victims of human trafficking do not again fall prey touts to both sides of the border. We need to work with civil society at the local level to check illegal migration and also the accountability of panchayat at ground level and district administration at the regional level be ensured. So that people from the other side of the border do not fall prey to Indian touts. Thus, it ” requires the collaborative response of all ” and strong multi-agency cooperation. It further requires multi-agency cooperation, focuses on addressing the socio-economic root causes of irregular migration. This can be achieved by financial and technical assistance to our neighboring countries to address socio-economic problems as India has the potential to it. prosecution of those who commit smuggling -related crimes.