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Trafficking in Women and Children
Women Trafficking in Nepal Kumar Chudal, Office of Attorney General, Nepal

It is estimated that more than 15,00,00 innocent rural women and girl children are trafficked to Indian brothels and cities alone for commercial sex. Numbers of girl children and women become victims of sexual abuse, including rape inside the country. Since the Rana's despotic family rule, rural girl children were brought to cities for their housework or midwife. As they grown up, they were being sexually exploited and in the past many among them were settled with their livelihood too. This practice lured the rural poor indigenous people to send their innocent girls for away even India for the purpose of housework. With the pace of time, the problem spread over acutely, chronically, inhumanly and barbarously. It is estimated that every year 5000 to 7000 Nepalese girl children are trafficked to India alone. These facts and factors made Nepal as a country of facing the acute women trafficking problems.

Preventive Measures : Under the Article 20 (1) of the Constitution of the Kingdome of Nepal 1991, the right against exploitation is guaranteed which explicitly prohibits the traffic in human beings, slavery and serfdom or force labor in any from. Any act contravening to the Article is regarded as heinous crime and is punishable under the existing law. The Human Trafficking (Control) Act. 1986 is enacted and enforced as a special Act. The Act provides the strict provisions of burden of proof, which lies on the accused in some circumstances. The penalty is up to twenty years jail terms. Three judges of Appellate Court trail the case of human trafficking, though it is ad hoc arrangement. Nepal has become party and even ratified of the numbers of International instruments i.e. Convention on the Elimination of all forms of Discrimination Against women 1979, Convention on the Suppression of Immoral Trafficking and Protocol, 1949; Convention on the Right of the Child etc. including SAARC regional convention. As a party of the international legal instruments Nepal has state obligation to adopt necessary and effective measures to meet the objectives put forward.

Reasons to be Women Trafficked in Nepal : Women trafficking in Nepal is being acute day-by-day and grooming in various forms with the pace of development and movement of the world. The reason and nature of the women trafficking in Nepal can be highlighted as follows;

Poverty is the main cause of women trafficking in Nepal in the rural areas. Due to the hunger, unemployment and illiteracy almost guardians are compelled to handover their innocent girl child to the girl brokers under the veil of carpet works or housework, garment works who ultimately be sold for the commercial flesh trade, a large numbers in India and a few within the country.

Nowadays it is increasing tendency that middle class women are being trafficked in gulf countries for sex works under the veil of attractive works and handsome salaries. Increasing way of easy lifestyle, necessities to meet the on growing social hay Fay are some of the factors contributing the middle class women to be trafficked.

Since the history, numbers of Nepalese youths emigrant mainly to India for the manual works. The fact is being a golden opportunity for women traffickers to traffic women for prostitution in the name of so-called marriage. The traffickers plot the scene of marriage, going India and settle life but after reaching India most of them betray to the innocent girls and sale for the prostitution.

The age-old Hindu ritual like Dauki Custom, Jhuma Custom, Badi Custom of offering unmenstrual girls for the Gods' happiness encourages prostitution and ultimately these girls are easily trafficked.

Poverty is the fundamental problem to combat trafficking in women in Nepal. Due to the poverty people are illiterate and easily lured by tiny attractions of works, salaries, easy life etc.

Inhuman and immoral traditions and rituals are obvious hinders to encircle the society in vicious circle Once a girls trafficked for prostitution she becomes more stigmatized to come back in the society. As a result she herself indulges in the traffickers gang.

The developing superficial life pattern is dangerously contributing the problem to be more acute. The flesh trade is blooming as a most profitable business in the world where Nepal is not an exception. Powerful persons of the society, who themselves are obligated to control the flesh trade, are engaging in the activities in one or another way. As a result law becomes lenient or weak or ineffective to be implemented.

The offence of trafficking is mainly cross boarder problems for Nepal who shares more then half open land-boarder area with India.

Legal Challenge : Law has itself embraced a number of lacunas to control women trafficking in Nepal.

• The Human Trafficking (Control) Act, 1986 stipulates the extraterritorial jurisdiction of the offence by its nature of cross boarder but has not mentioned in the extradition agreement. Therefore, the provision of extraterritorial jurisdiction is almost dead in the implementation.
• No strict rules are made to regulate the emigrants of women to India. In case if the complain is made against the traffickers, it is almost impossible to apprehend the accused. -The investigation method is very stereotyped and ever unchanged which is desperately failed to its aim. The prosecution is merely pro-prosecutorial based on the police investigators.
• Court is more conventional and lacks the expertise to deal with such changing organized crime. Even if the conviction is made against the accused, the execution of the judgment is almost impossible if the accused in not in judicial custody.
• Delay trail, threatens, social pressure, lure of other's fringe attractions vindicate against the justice. -Hostility of witness of the plaintiff (government is plaintiff in the trafficking case), complaints or many times victims themselves are the major challenges facing today.
• Malpractice in the investigation, prosecution and even in the court is unbelievable challenges in the administration of justice. Conclusion with Recommendations

Realizing the ever-growing problems of women trafficking, harsh laws are made to combat the problems. Women activists, including NGOs, like Forum for Women Law and Development (FWLD), Maiti Nepal, LAAC etc; are doing a lot to curb the crime. Governmental agencies are being involved to prevent crime and if the crime occurs they are being activated to bring the criminal in the administration of justice. Nepal is committed and cautious to adopt the effective measures compatible with international legal requirement. However, without real commitment to implement the laws the trafficking in women will increase more. Therefore employment for women is fundamentally be guaranteed by the state or benevolent organizations. Witness and victim protection scheme, in-camera court trail and modern techniques of evidence collection should be guaranteed which Nepal lacks at present. Immoral and inhuman social rituals and customs against women should be eliminated by the methods of civil society's role and severe punishment. Effective presentation of governmental agencies or NGOs in the trafficking venerable boarder point will certainly discourage the criminal. Extradition agreement between India and Nepal in the trafficking charged case is the fundamental requirement to control women trafficking. Vigilance and punishment for the malpractices in the governmental law enforcement agencies is the basis of achieving the objectives of legal instruments.