A Brief on United Nations Convention against Transnational Organized Crime and the Protocols

Criminal law

We all know, Human Tariffing is one of the very recent topic now a days came up. Human tariffing means the illegal Transfer of the human being, mostly women, minor girls, and children. To stop the Illegal smuggling of migrants and human tariffing, International organisation introduced a Convention. The Name of the convention ‘’UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME’’. This convention was adopted by the general assembly 55/25 on the 15 November 2000 and also considered as the main convention for the protection of the smuggling of the Migrants ad the Women and Children over the sea, air from one country to another. Even there are many cases come up with the smuggling of not only humans but the Animals, like cow and the drugs illegally outside the India. This convention came into forced on 29th September 2003 in Italy. The convention and the Member State take major steps to control the crimes related to International as well as the national /domestic crimes. The domestic crimes includes the Corruption, Money Lunching, Human Tariffing, Smuggling of the arm weapons, and the Illegal drugs supply, There are huge number of smuggling in the Northern states like, Punjab and Haryana. The offences which is defined in the united National Convention is not highlighted prior but after this there is huge change in the decreases of the number of cases, now people are becoming quite aware of these offences .

The Main Objective and Aims of the Convention are

The major steps were taken for the transnational organized criminal offences by the member state that they wanted to protect the Human Tariffing and to insure there is no Illegal trading of the arm Weapon, drugs and any other thing. The convention also guide and instruct them to use New  Invention, to control the  crime. These steps easily tackle the situation of the transnational criminal offences. There are various protocols in this convention.

  1. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children-

This convention came into the force in the year 2003 in 25th December and adopted by the general assembly as usually. The main aim of this protocol was to give the protection to the women and minor children who is transfer to another nation through land, air and seas. It is Important because human interest involve and all the laws are made for the welfare of the Human Beings.  Without the consent of the women and children, force them to do such act which is Illegal. It is Crime under the law and according to the human justice also. The intention behind this is that Framing of the strong basic structure in the domestic criminal offences. And this protocol also give the protection to the victim of the human tariffing and their legal rights also. As per our Constitution, right to live is one the Fundamental Right and They also have right to lived their own life and Human tariffing is Illegal. 

  • Protocol against the Smuggling of Migrants by Land, Sea and Air-

This also adopted by the general assembly resolution 55/25 and came into the force on the 28th January 2004.  As there are the increasing in the criminal activities for the last few years and there is huge increasing in the criminal group who are Involved in Smuggling of the migrants from one nation to another. The major step in this protocol was that they build the relation/ corporation with the other states to take action against the smuggling of the migrants and for the first time at the international level, the smuggling of the migrant is highlighted and definition also included. The main aim of the protocol was to give protection to the migrants because they are forcefully use for the smuggling Process.

  • Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition-

It was adopted by General Assembly resolution 55/255 of 31 May 2001. It entered into force on 3 July 2005.

The main and the most important aim was to stop the illegal supply of the arm Weapons, Ammunition from one place to another. This is not good for the Nation  Security and also involve the  Illicit manufacturing. The objective of the protocol was to legally binding of the Instrument for the protection of the security of the nation and the arm weapons also. As we all know there is trading of the Weapons, ammunition now a days also but it is also important to highlight this thing under the convention. It came into the Knowledge of many people.

These are the major protocol in the Convention against the transnational organized crime weather international or the national/ domestic crimes.  Almost 20 % children are victim of the human tariffing all over the World.

Case Law

From Darjeeling to Delhi – story of a young girl who was trafficked

There is one girl name Tina and she was 14 years old when first Time the Incident happen with her. She is from Darjeeling and her parents Died. She lived with her Grandmother. One day she was missing from her House. Complaint filed in the police station and they started Investigation. They talk to 25 girls in the school and it was come to know that she was daily talk to 4 Boys and one of them is RAJAN. Rajan Daily Call her and one day she left Darjeeling. When they investigate, one drive recognized her and told that she was talking to one boy named as RAJAN and Constantly talking with him. He told the officers that She left Darjeeling and go to Delhi. They investigate and send report to the Delhi Station. One day she called her grandmother and told that she was in Chandigarh. Her grandmother informed the Officer. after all the investigation, it was came to know that this was  the case of human tariffing and many group call the innocent girls and said to them they give jobs to them in the big city, So that they can earn more money. There are many group running the illegal human tariffing and prostitution. Then after that government of India take major step and step up Rules and Regulation to control this illegal activities all over India Specially in the city like, Delhi, West Bengal, Mumbai. As you know the biggest hub of Prostitution in Delhi is in G. T road and in West Bengal is in Sonagachi area. The Government also introduced 225 Special Committee to deal with this Issue all over India. Tina wants to study and earn money but this thing lead to destroy her Life.

 West Bengal Migrant Smuggling Case

As recently few years ago there is increase in the smuggling of the migrants from West Bengal to the Bangladesh. Animals also being smuggled to Bangladesh. More Than 5000 migrants are deported from west Bengal to Bangladesh over last 6 years as per the report of the INDIA TV. But after this matter came into Highlight, there is decrease in the number of migrants. In the year 2019, there is only 2000 plus cases of the illegal migrants smuggling from one country to another country. It was also come to know that the rate of per head is increase from 3000 to 15000 and these migrants work for both countries, India as well as Bangladesh also. And in the Bangladesh, the cost of per head is 18000 Rs. They free move from one country to another.

Daler Mehndi Human Tariffing Case

Daler mehndi is famous India singer but In the year 1998 and 1999, he and his brother both involve in the human tariffing. His brother Shamsher illegally send people as the dance group to the abroad and then, he was granted bail from the Patiala court after 2 years imprisoned. Daler mehndi and his brother also illegally took 2 group of people from USA and they also drop of 10 people. As per the recent news, he is in Dubai prison for the case of human tariffing.

Conclusion

My view related to this matter is that, human tariffing of Women and children and the international crimes related to transnational are very serious crimes because it involve the life of human being and illegal smuggling of the arm weapons from one country to another is also effect the security system of the country especially like India. In India as we all know our relationship with China and Pakistan is not good and my point of view is that smuggling of arm and weapons are not safe for the country. United Nations convention against transnational organized crimes helps in the Reduction of these crimes and the motive behind this Convention is to give protection not only to human beings but all to the   security of the nation because it also Include the Illicit of the money. These crimes are come up very fast in every country and major steps should also be taken by the government as well as the united national Organization.

And people should be more aware of these Kind of Crimes, These involve not only Illegal transfer of money but also the life of the innocent people.

https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html#:~:text=The%20objective%20of%20the%20Protocol,trafficking%20in%20firearms%2C%20their%20parts

https://economictimes.indiatimes.com/magazines/panache/daler-mehndi-sentenced-to-2-years-in-prison-convicted-for-human-trafficking/articleshow/63330445.cms

Author- Dharmika (Amity University Noida)

Law Library LawBhoomi

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