Paper short abstract:

This paper is an empirical study in the tribal state of Jharkhand, India to prove the incompatibility of human rights laws and social security programmes to control child trafficking, the root causes as violation of human rights and state’s failure to prevent re-victimization of the children.

Paper long abstract:

The human rights framework for "trafficking of children" is concerned only with the second phase of the cycle of trafficking, i.e. human rights violations due to the "phenomenon of trafficking in persons"; defining trafficking as a crime, punishments, preventive policies and effective human rights measures to protect the victims. In contrary, the protocols are silent on the first phase, which justifies that trafficking often emerges where already many human rights deprivations are prevalent. It raises the issue that does the human rights laws actually prohibit "trafficking in persons"- as opposed to "practices associated with trafficking". The present paper is an empirical study in the tribal/adivasi dominated state of Jharkhand, which UN has mapped as the most vulnerable state for trafficking of children and women in India -"from the moment the women conceive, placement agency owners start the process of auctioning the yet-unborn babies to prospective clients". The present paper has two major objectives to sort out; firstly, on the line of Amartya Sen's advocacy of "realization focussed justice system", it argues that the root causes of trafficking themselves are responsible for large scale human rights violation. Secondly, on the line of Hegelian concept of "concrete universality", it has tried to prove that the state is failed to prevent trafficking, to prosecute traffickers and to protect the human rights of the trafficked persons. Finally, how the inadequacy in rehabilitation of the trafficked persons are responsible for re-victimization, re-trafficking of children in this tribal belt of India.