Trafficking: Sans frontiers!
Posted by barunroy on July 24, 2008
Whenever problems relating to the open border have been raised, leaders from both the sides have said it with immense pride that the open border is the symbol of friendship between the two countries and the problems in the area are very nominal and insignificant. But there are many significant problems stemming from the open border. From trafficking to smuggling and kidnapping to homicide, the bordering areas are increasing becoming crime hubs.
By Aruna Joshi
There are many advantages for a country whose southern neighbor is 21 times larger than it. But the problems and challenges seem to outweigh the advantages. A person walking on the streets of New Delhi would expect that the northern neighbour would benefit from the access to India’s burgeoning market. But what they turn a blind eye on is the many more problems that come with sharing a border that is not only open but is also notorious for having one of the highest criminal rates in the region.
Nepal shares over 1700 km border with its southern neighbor India. Since antiquity the cultural bonds between the peoples of the two countries have been very significant. The people of the entire region have been traveling around without restrictions since historic times. Nepalese history reveals that the early rulers of Nepal like Lichchavis and Shahs were original inhabitants of different parts of the subcontinent, now under India. In recent times India has become one of the safe heavens for anti-government groups from Nepal. The democratic forces amassed their strength in India to launch a revolution against the Rana regime establishment in Nepal. Although India does not accept (nor has it denied) the Nepalese press speculated that the Maoist rebels hideouts were in India. The historic 12-point deal between the then seven-party alliance and the Maoists was struck in an undisclosed location in India.
Whenever problems relating to the open border have been raised, leaders from both the sides have said it with immense pride that the open border is the symbol of friendship between the two countries and the problems in the area are very nominal and insignificant. But there are many significant problems stemming from the open border. From trafficking to smuggling and kidnapping to homicide, the bordering areas are increasing becoming crime hubs.
Around the world, every year, people migrate from one place to another in search of jobs that they think will change their lives for better. Even in countries where immigration is restricted, people find illegal ways (often risking their own lives) to get into foreign lands. But the open border between Nepal and India simply undermines the risk. Even if the immigrants want to go unnoticed, there are more than 200 exit points alone in a small VDC like Pashupatinagar, Ilam district. This has made it easier for the criminals to evade the laws.
Of all the crimes trafficking is a crime that goes unrecorded by the local police in the border areas. The “Act to control of selling, buying and trafficking of human beings, 2064″ defines trafficking as the selling and buying of human being, human organs, and forcing for prostitution. Among all the issues of trafficking, trafficking for the purpose of prostitution has been the burning issue in the border area. In a study conducted by the students of Kathmandu School of Law, in January 2008, at Pashupatinagar, the police records showed there were not a single FIR (First Information Report) filed related to trafficking in the last six years. It might startle many Kathmandu based NGOs that earn their living by selling the notion that the border area is rife with trafficking incidents, they need not worry.
A closer inspection revealed that many cases had gone unreported even when the rescued victims and the trafficker were identified. But Maiti Nepal’s (an organisation working for prevention of trafficking and rescuing and rehabilitation of trafficked women) records show that around 7,000 women are trafficked to Indian brothels every year. Many victims of trafficking are women who hail from remote areas like Khotang, Sankuwashabha, and Sindhupalchowk etc.
Most of the victims have limited or no access to education and are unaware about how they can be exploited by the traffickers. But the recent numbers from Maiti Nepal show that around 15 percent of trafficked women are educated and aware enough to avoid getting trafficked. But still they are easily won over by cunning traffickers who promise them to show them the glitz and glamour of cities. The victims think that they would be wasting an opportunity of a lifetime if they reject the offer, oblivious to the fact that they are being victimised by professionals who specialise in selling fake dreams. Often Nepalese women’s journey towards dreams of prosperity ends up in Indian brothels. The problem is so rampant that even the women who have been through the horror of being trafficked are also easily coaxed into testing their luck once again.
Suntali Tamang (name altered), 23, was trafficked to India where she was sold to a local brothel. But fortunately she was rescued thanks to the combined efforts of Maiti Nepal and the Nepal Police and sent back to her family after she was given some vocational training. Because of problems in readjustment in the family, she had no choice but to go back to Maiti Nepal to seek help. She however could not reach the concerned person. In a twist of fate, she was coaxed by yet another trafficker to accompany him to Pashupatinagar where the person she was looking for was supposedly working. It was back to square one for her.
Suntali was lucky that she was rescued. But there are many who never get a first chance let alone a second. Most of them die wasting the remainder of their days working in brothels, circuses and households. Even if by chance, they get to return, they carry deadly life threatening diseases like AIDS. They have problems in returning to normal life and have no option but to go back.
Now, it’s about time every Nepalese citizen showed serious concern towards the issue of women trafficking. Most of the problem arises due to unemployment and lack of opportunities at the local level. Although the interim constitution of Nepal recognizes the right to employment as a fundamental right, it is yet to be implemented. On the one hand, the government organisations along with NGOs and civil society should work together in combating trafficking by launching awareness programmes, capacity building trainings, imparting education to prevent further trafficking while on the other rescue operations should be carried out by combining efforts with Indian authorities. Any crime that goes unpunished connotes to denial of justice. Traffickers must be punished severely so that a precedent is established in the society that trafficking is a heinous crime.
(The author is a LL.B third year student at KATHMANDU SCHOOL OF LAW. She can be contacted at: hereisaruna@gmail.com)
