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11 NJA L.J. 115 (2017)
Human Trafficking Crimes: Status, Court Perspectives and Control Measures

handle is hein.journals/njal11 and id is 127 raw text is: Human Trafficking Crimes: Status, Court Perspective and Control Measures Krishna Jeevi Ghimire* Narayan Prasad Sharma ** Abstract Since a few decades, the evil business of human trafficking has expanded from the typical transfer of persons from one place to the other for underground sex business to the relocation of people for bonded labour and work exploitation in the form of domestic help, adopted sons and daughters from poverty-stricken countries like Nepal. This change in motive may be attributed to the effects of globalization, liberalization, end of cold war and the inception of open market economy. The status of Nepal, though seeming somewhat different from international perspective, is not distinct to a large extent. In case of Nepal, the legal measures to curb this crime may be seen in the Chapter on Human Trade and Trafficking in the Muluki Ain (National Code), 2020 BS (1963), the Human Trade and Trafficking (Control) Act of 2043 BS (1986) and the current Human Trafficking and Transportation (Control) Act (HTTCA) of 2063 BS (2007) that replaced the 1986 law. Owing to the lackluster investigation and prosecution of these crimes, the implementation part of these statutes have become less than effective and hence expected progress is not scored in stifling this organized felony. At this premise, the present article tries to shed light on the definition of human trafficking, comparative study of different nations, international instruments, status of Nepal, problems and challenges also accompanied with the way forward for solution. 1. Definition and Nature of the Crime of Human Trafficking A lot of changes have transpired as regards the perspective towards this crime as it has morphed in form along with the passage of time. Hence, the term Human Trafficking is used in common parlance to describe many forms of exploitation of human beings'. In modern context, human trade and trafficking has been expanding by leaps and bounds as one of the formidable manifestations of organized crime. It has already assumed a transnational and global character. Shadowy and enormous crime syndicates are perpetuating this crime not Joint Government Attorney, Office of the Attorney General, Nepal. Section Officer, Office of the Attorney General, Nepal. 1 US Department of Justice, Human Trafficking Prosecution Unit, cited in http://www.justice.gov/crf/about/crim/ htpu.phq, accessed on 20.08.2012.