International seminar on “Measures to Combat Human Trafficking: International and National Perspectives” at the Government Law College (Thrissur, Kerala).
National Human Rights Commission Chairman, Justice (retired) K.G. Balakrishnan, shed light at the alarmingly high and growing number of child labor and the number of women that are being exploited in the commercial sex sector (some estimates show that there are 3 million sex workers in India, other estimates point towards a much higher figure). Addressing human trafficking in the country’s context, K.G. Balakrishnan commented that it is “a very terrible thing in India” and a “a serious problem which requires serious attention by the administrators, the law enforcement agencies, NGO’s and those who work for social justice and empowerment of, especially, women”, praising the work that some of the NGO’s are doing in the country. Balakrishanan expanded: “Today the trafficking is known to take place not only for commercial sexual exploitation and forced labor but also for organ trade and other new forms including sex tourism, trafficking for militancy, trafficking for surrogacy and so on”. In terms of specifics he shared, “according to the Ministry of Women and Child Development Gov. of India, there are 2.8 million persons subjected to trafficking for commercial sexual exploitation in India”. Aside from women being trafficked, girls ranging from “8 to 14 years [old]” are also being “subjected to sex trafficking in India”. He went on to add “India also has the highest number of child labor in the world with an estimate of 12.66 million children involved in hazardous work in several industries that come under the standards of human trafficking.” Moreover, Balakrishnan noted that "trafficking across the border inside India continues to rise due to increased mobility and northern industries that use forced labor such as construction, textiles, manufacturing...horticulture..” among others. He also pointed out that "boys from Nepal and Bangladesh continue to be subjected to forced labor in coal mines in the state of Meghalaya”, where coal mining is not mechanized, so workers physically dig holes to get to the coal. “After digging for some period into the earth, it is difficult for a [tall] person to crawl inside; so they make use of children to crawl inside and take the coal… about 20,000 children are working in the coal mines in Meghalaya”. He noted the importance of working on this problem and especially on efforts to “prevent the children from being used for this work”. In summary – he noted that although the UN is taking serious steps on this issue “the problem is only increasing”, thus he was “happy that Principal, Dr. Mercy Thekkekara, has addressed this very important subject which requires some serious action so we can solve the problem and at least [be able] to rescue some children subjected to these [realities]”.
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Good session at the Kerala Judicial Academy (Kochi, Kerala). During an overview on Human Rights Law and a focus on human trafficking, Professor Pati reminded attendees that when researching and looking at human trafficking, we have to “look beneath the surface”. Especially when culture can be a tool to hide the crime that is happening right under our noses. It is crucial to be knowledgeable and inquisitive as to what elements in culture are enabling human rights violations, such as human trafficking, and look for ways to change it. Human trafficking is thus deeply rooted in culture. Many of us postulate that human trafficking is not existent in our community, in our city, in our state, in our country – but that would be a quick unfounded assumption. It is important to “identify and prove it”, as it is present in some capacity everywhere, worldwide. Human trafficking occurs in many forms, not just sex trafficking but also forced labor, children labor including begging, domestic servitude, among others.
As part of the judicial community it is also important to increase our knowledge and training on what current legislation and tools exist, both at an international and domestic level. Then make sure proper legislation is in place and more importantly work to put it into effect. Just “because the law is on paper, it is not enough” - training and implementation is crucial. In the end, holistically speaking, the connection of culture and attitude towards the law in society is key. International Conference at Bharata Mata College - Institute of Management, School of Social Justice (Kochi, Kerala) on the Role of Universities in Human Trafficking Law. The topic anchored around the prevalent question to ignite action: What can students do? Aside form research and coming up with recommendations – a simple yet effective effort is always needed: Raise awareness and advocate for change wherever needed through the lens of Human Rights Law: “we have to be our brother’s keeper” shared Professor Pati especially when “nature can feed everyone’s needs but not everyone’s greed”.
When asked what is human trafficking, one of the students put it perfectly, the illegal “commodification of human beings” stripping a human of their rights. It is crucial to pay attention to the value and respect society has for all human beings. Dr. George Madathiparambil offered some additional perspecitve by adding “A day ago the President of the U.S. was in India – and he said in his parting message to the students of Delhi – that every woman should have the right to walk freely through the streets of India. And only when that happens then everyone is equal before the law. And everyone is given the right to enjoy what is given in the Constitution of India. Then India becomes a democracy; independent and fully capable of advancing to the Modern Era. So this is what we have to accomplish”. He reminded the students that as community that is also on the cusp of great prosperity and development; “you have a great role to perform and once you take up this project and fight for these issues not only will your academic knowledge grow but also your human life will develop”. Intercultural Human Rights in Indian Context and Exploration Seminar (Kuttikkanam, Kerala, India)2/22/2015 Intercultural Human Rights in Indian Context and Exploration Seminar at Marian College (Kuttikkanam, Kerala). Students were assigned into groups to explore cultural elements in India they saw as threatening to human rights, which provided for a dynamic discussion.
When prompted to answer what is meant by human rights, the students provided great insight – but the most simple and perhaps obvious answer summed it up succinctly: “the rights of a human”. They are not “given” - we are born with these rights simply because we are ALL human. As one of the Professors shared to open the session, “the gang rape of the female student in New Delhi in 2012 still remains as a nightmare for all of us. In this context is it is then very much appropriate to have a seminar such as this, where we reflect on different dimension of human rights.” As a student shared in defining culture: “it is something that has been followed over generations, something that is put in place and practiced by society”. Cultural topics discussed ranged from women’s rights in a mainly patriarchal society (from formal dress/saris, dowry practices, gender based discrimination and violence, everyday home life and the need for increased participation of women in government), caste system (lower caste vulnerability to discrimination even in marriages and exposure to human trafficking situations including sex trafficking as well as domestic servitude) to growing exploitation and trafficking of migrant laborers, including child labor. In the context of Intercultural human rights – it is important to look at the cultural practices that make people vulnerable and perpetuate injustice as in human trafficking. More importantly we should all feel empowered to affect change. Whether it is early and possibly false marriages that are causing later oppression of women and ultimately trafficking or certain practices and institutions which are making people, including children, vulnerable to trafficking via domestic labor situations or migratory work, we can help change it. Key components of culture include school and family, which are, as Professor Roza Pati noted “foundations for how society is going to look like in the future”. Training for a profession through formal education is one aspect but it is crucial to teach and mold “younger generations with the very best values and foundational principals that make a good society”. As Professor Pati reminded the group, we all “have the right to change” and we also “have the right to advocate for other people’s rights everywhere”. Visit to St. George’s College Aruvithura (Kottayam, Kerala), thanks to the Department of English. Powerful connection between Literature and Human Rights. As was commented, literature is indeed a powerful tool against injustice and Human Rights violations, and it has been for centuries. That said, Dr. Roza Pati reminded us that in the context of human rights there is always a difference between what laws are written and what culture dictates. If laws are written to allow everyone to go to school but girls are still not allowed to go to school – who [or what] is prohibiting them from doing so?
Culture is a powerful driving force in society: “In order to achieve equality in any culture, we need culture to ineract. We need to understand the culture – and as part of the culture we should try to dig elements we find are repressive and violate the basis of co-existence”. What behaviors or attitudes in the culture around us may be causing human rights to be violated, regardless of laws written? Laws exist – but are they really protecting people? Enforcement of these laws is of course part of it, but we all play a part in helping to PREVENT injustices and crimes like human trafficking. We are part of culture. Seminar on Intercultural Human Rights with students and faculty at St. Berchamans College (Changanassery, Kerala). Excellent questions and discussion around culture and values through the lens of Human Rights. Dr. Sunny offered a good starting point “The purpose of a Human Rights education is to develop a value system that cuts across religions, caste, etc.” Dr. Roza Pati noted that it is through the framework of human rights, that we can talk about culture; that we can communicate: “That is where the dialogue comes in. We don’t always have to look at the clash of cultures, of religions, of civilizations. We don’t have to be focusing on the interpretation that one group, certain radicals, will choose to explain culture. We also want to listen to the other group who is also looking at it in a more tolerant way. And that is the way that will bring us to proper understanding.”
Part of our visit in Thiruvananthapuram (Kerala State) included a session with the Social Welfare Department. Good discussion on Human Trafficking in India and specifically within the state. A takeaway is that overall; more awareness and internal law enforcement training on laws and procedure is always needed especially in looking for signs of human trafficking - a theme, I would advocate, which seems to be universal.
International Seminar on Human Rights Lawyering at Kerala Law Academy College (& Centre for Advanced Legal Studies and Research) with Prof. (Dr.) Manoj Kumar Sinha (Director, Indian Law Institute, New Delhi) Adv. Nagaraj Narayanan (Advocate, High Court of Kerala) and Dr. Roza Pati (St. Thomas University, Miami, FL). Also had the opportunity to meet with the Academy’s founding Member and Principal: Director Dr. Narayanan Nair.
The seminar offered a great overview on human rights in general with a focus on human trafficking. As Professor Pati reminded attendees: there are groups on the margins of society that are extremely vulnerable, but any one of us could be victims of trafficking. “Let’s go about creating the conditions in our countr[ies] where people know about trafficking, about modern day slavery, and do something about it. Students can do a lot”. Adv. Nagraj added perspective discussing Trafficking in Labor – and its prevalence as a form of trafficking in India. Raising awareness is key Busy 1st week! Kicked off with the International Interdisciplinary Seminar on Human Trafficking and Exploitation of Children at the Department of Law, University of Kerala, India. Outstanding job by Dr. K.C. Sunny (Professor and Head of the Department of Law) on pulling together a great program. Wonderful to see action and focus on the topic and encouraging discussion on new ideas and best practices as to what can be done to address it. Great attendance by Professors/Scholars and Government Officials.
Very good introduction by Honorable Justice P. Sathasivam (Governor of Kerala) and excellent key address by Honorable (Dr.) Justice B.S. Chauhan (Former Judge Supreme Court of India) noting that child pornography and child sex tourism is growing in India. The demand for children in brothels has gone down from 14-16 yrs of age to an outstanding 10-14 yrs on average; with 12 year olds "yielding the highest price". He adds that although Human Trafficking laws may exist, its enforceability depends on the acceptance by society as a whole. Dr. Roza Pati from St.Thomas University, School of Law/Intercultural Human Rights program summed it up perfectly in her key presentation on Human Trafficking as Modern Slavery: human trafficking attacks human dignity at its very core. What are the laws like in your district, state, country? Are they being enforced? Is everyday culture overlooking or accepting certain practices that deep inside we know are not right and enabling human trafficking? As human beings -- we should thrive to create a culture that seeks to protect the dignity, innocence and rights of a chid to thrive in any society. We all play a part. "You may choose to look the other way but you can never say again that you did not know." --William Wilberforce Couldn't think of a better month and specifically a day to be packing and ready to kick off my trip to India. #HumanTraffickingAwarnessDay. My backpack, passport, camera and passion for my fellow human beings are fired up. And so the journey unfolds...
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August 2022
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