Human
Skin Trafficking is an offence whereby the victim is first trafficked
and then, the skin is sold by the brothels without their consent to
countries like the USA. It is also known as the Illegal Trading of Human
Skin.
We are well aware of the word 'trafficking' and selling of different organs of the Human body for monetary benefit. As the definition of beauty in today's society hype prosthetics, no one is bothered to know the reality behind the type of skin used and gets away stating that the skin used in surgery is from the remains of a corpse.
Skin trafficking of women/children from Nepal is in demand as it's believed that the skin of children/women is soft, fair, spotless, flawless, wrinkle-free, porcelain-like, glowing skin due to the less consumption of alcohol and smoking habits.
The skin tissues is used for Penis enlargement, breast enlargement, lip fillers and for other prosthetic surgeries.
HOW AND WHY IS IT DONE?
The women/ children from the villages of Nepal are first trafficked and taken to Mumbai through the open border and then handed over to the Agents. The victims are treated ill and tortured till death forcing them to do activities they aren't willing to do. The agent force victim to sign in on a contract. The contract mentions the victim's consent in voluntarily donating their organ. The skin is sold to small pathology labs, which they then sell it to Big Pathology labs, and at last, the skin tissues are processed and exported to countries like the USA which manufacture skin and tissue derivative products for the global plastic surgery market.
The main reason behind the booming of this business is the stereotype that exists in our society. The Stereotype in the definition of Beauty. Even if the world has come this far, society still thinks the definition of a beautiful person connotes one who has fair and clear skin, long hair, and a lean body type. Thus, due to the country's atmosphere, most women/ children from Nepal fit in the stereotype of a beautiful person. However, poverty and fewer employment opportunities left victims with no option than to indulge themselves in such illegal acts, and also few of them self-volunteer to sustain their family and livelihood.
A question might arise in our mind as to why women become a victim of such an offense?
It is because women from Hills aren't well aware and educated to be differencing between what is wrong and right. Therefore, the brothels target & manipulate such women and take them to foreign land promising for a better lifestyle.
WHO TO BLAME?
Accroding to the Investigation on Youth ki Aawaz (Voice of youth) - Nepali women were selling 20sq.inch (130sq.cm) of skin tissue from their backs for $150 to be used in for plastic surgery.
We can't blame a single person following this offence. Well, the main culprits are the brothels and agents who are responsible for the illegal trafficking of skin tissues, the wealthy patients who desire surgeries and prosthetics, the government for not providing adequate job opportunities to the citizens, and lastly, few women who trade their skin in lieu of monetary benefits.
The reason why the brothels /agents are the main culprits is quite vivid. For wealthy clients demanding for surgery are equally responsible for the booming of this business as in if they don't demand for any sort of surgeries then the trading of skin would eventually lose its market value hence, the trafficking of women or children for skin would be controlled to some extent.
Contrarily the Government is equally responsible for their countrymen to be victimized of this crime despite all the stringent laws. In a sense, if the Government had come up with enough awareness programs and employment opportunities then none of the citizens would have to go to the foreign land for monetary benefits. Also, there lacks communication between the Government officials and the people living in a remote place as the Government has implemented laws but enforcement of the same isn't guaranteed in reality.
Furthermore, Parents are also responsible for Child Trafficking. It starts with mismanagement in family planning. Mostly as one can see in Remote areas, Parents give birth to a child thinking it as a gift of god and secondly, they think that the male child is a boon for the society and they keep on reproducing until they are blessed with a boy child, which then leads to hardship in taking care of children in the family.
It all started with Parent's unplanned family planning resulting in Poverty. As increasing in the number of family members, the parents aren't capable of providing healthy lifestyle to their children. This is where the brothels come into the picture, targeting such families and
manipulate them contemplating that their girl child will be given the facilities in a foreign land and will get a better quality of life.
Also, the advertisement on TV that promotes fair skin as a beauty standard manipulates the viewers and increases their urge to getting their skin implanted.
LEGAL PROVISION
Before getting to the laws regarding trafficking of Human Skin in Nepal, we need to know about the laws in developing Countries.
In the United States the sale of organs was banned under the National Organ Transplant Act of 1984 (NOTA). Yet, since the act's passage only one person has ever been prosecuted and convicted of organ trafficking.
Also, USA provides for the Trafficking Victims Protection Act (TVPA) of 2000, which is the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution.
According
to the National Crime Records Bureau, a total of 8,132 cases of human
trafficking were reported in India in 2016 under the Indian Penal Code,
1860. The Legislators introduced a bill called Prevention, Protection and Rehabilitation Bill, 2018. U.s/ 39 of the said act the buying and selling of human is listed but the trading of human skin is nowhere listed. Furthermore, S.370 of Indian Penal Code, 1860 talks about the trafficking of Human body where the trafficking of human skin is nowhere mentioned in the act. However, under Transplantation of Human Organ Act, the penalties for transplantation of human organ without prior consent is mentioned.
IN THE CONTEXT OF NEPAL
Human Trafficking and Transportation (control) act, 2064
GENERAL PROVISION
s4. Acts considered as Human Trafficking and Transportation:
If anyone commits any of the following acts, that shall be deemed to have committed human
trafficking:
(a) To sell or purchase a person for any purpose,
(b) To use someone into prostitution, with or without any benefit,
(c) To extract human organ except otherwise determined by law,
(d) To go for in prostitution.
(2) If anyone commits any of the following acts, that shall be deemed to have committed human transportation:
(a) To take a person out of the country for the purpose of buying and selling,
(b) To take anyone from his /her home, place of residence or from
a person by any means such as enticement, inducement, misinformation,
forgery, tricks, coercion, abduction, hostage, allurement, influence,
threat, abuse of power and by means of inducement, fear, threat or
co-ercion to the guardian or custodian and keep him/her into ones
custody or take to any place within Nepal or abroad or handover him/her
to somebody else for the purpose of prostitution and exploitation.
s.5 Reporting: (1) If anyone knows that the offence under Section 3 of this
Act is being committed or may be committed, he/she may report to the
nearest police
office.
(2) If the person who reports under Sub-section (1) puts written request
to remain unnamed, the police office which registers the report should
maintain
his/her confidentiality.
s. 9. Burden of proof : A person accused of an offence under this Act shall
provide evidence proving that he/she did not commit the offence.
As under s.13 Nepal government shall establish necessary rehabilitation centers for physical and mental treatment, social rehabilitation and family reconciliation of the victim and the victim shall be provided rehabilitation fund.
PROVISION OF PUNISHMENT AND COMPENSATION
S. 15. Punishment
(1) Any person who commits an offence as prescribed under Section 3 shall be punished as follows:
(a) Twenty years imprisonment and a fine of rs. 200000 (Two Hundred Thousand Rupees) for selling or buying a human being,
(b) Ten years to Five years imprisonment and a fine of rs.50,000-100,000 (Fifty Thousand
Rupees to One Hundred Thousand Rupees) for forcing into prostitution,
with or without financial benefit,
(c) 10 years imprisonment and a fine of rs.200000-500000Rs (Two Hundred Thousand to Five Hundred Thousand Rupees0 for extracting human organ
except otherwise determined by law,
(d) One month to three months imprisonment and a fine of rs.2000-5000 (Two Thousand Rupees to Five Thousand Rupees) for a person engaged
in prostitution.
(e) For a person who is involved in transportation of human being for the purpose of buying, selling and engaging some one in
prostitution-
(1) Ten years to Fifteen years imprisonment and a fine of rs.50000-100000 (Fifty Thousand Rupees to One Hundred Thousand Rupees) for taking a person out of the country.
Fifteen years to Twenty years imprisonment and a fine of rs.100000-200000 (One Hundred Thousand Rupees to Two Hundred Thousand Rupees) for taking a child out of the country.
(2) Ten years of prison and a fine of rs.50,000-100000 (Fifty Thousand Rupees to One Hundred Thousand Rupees) for taking a person from one place to another place within the country.
Ten years to Twelve years imprisonment and a fine of rs.100000 (One Hundred Thousand Rupees) for taking a child from one place to another place within the country.
(f) One years to two years of imprisonment for taking a person from
one place to another place within the country, and two years to five
years of prison for taking out of the country for the purpose of exploitation under Clause (b) of Sub-section (2) of Section 4.
(g) Except otherwise written in clause (e) and (f), seven years to ten
years of prison for a person committing an offence under clause (b) of Subsection (2) of Section 4.
(h) The person engaged in provocation, conspiracy and attempt of
an offence of human trafficking or transportation or an abettor of that offence shall get half out of full punishment envisioned for that offence.
(2) Notwithstanding anything written in Sub-section (1), the punishment in the following matters shall be as follows:
(a) If same person is involved in buying or selling and forcing
into prostitution, with or without any benefit; he/she shall be liable
for punishment under both offences,
(b) If same person is involved in buying or selling or forcing
into prostitution, with or without any benefit, and in an offence under Clause (b) of Sub-section (2) of Section 4, he/she shall be liable for punishment under both offences,
(c) Notwithstanding anything mentioned in Clause (b), if same person
is involved in an offence under Clause (b) of Sub-Section (2) of
Section 4 and in transporting a human being from one place to another
place within Nepal or outside the country for the purpose of buying,
selling or forcing into prostitution, with or without any benefits;
he/she shall
be liable for separate punishment for each offence.
(3) If an offence under Section 3 is committed by person holding a
public post; in addition to the regular punishment for that offence,
he/she shall be liable for Twenty five 25 percentage additional punishments.
(4) If anyone commits an offence under Section 3 with a person under
protection or guardianship or if the victim is relative of the offender
as incorporated in the Chapter
of Incest in civil code , he/she is shall be liable for ten percentage
additional punishment besides regular punishment under this Act.
(5) If anyone commits an offence under Section 3 repeatedly, for
every offence he/she shall le liable for it additional one-fourth
punishment in addition to the regular punishment.
(6) If, in the course of proceeding of the case, a person involved in
reporting the offence under Section 5 of this Act gives contrary
statement to that of the statement giver earlier or if he/she does not appear before the court on
its notice or does not assist to the court, shall be liable for three
months to one year of imprisonment.
16. Exemption from Punishment If there is a reasonable ground to believe that he/she is
being bought, sold or engaged in prostitution or taken for the same and
he/she does not get help to get rid of from those acts or
somebody creates obstacle or stops or takes into control or uses force,
in such case, if he or she believes that it is impossible to get rid of
from such control and on such faith the perpetrator happens to be killed
or injured in the course of release, such person shall not be liable
for any punishment.
17. Compensation: A court shall issue order to provide compensation to the victim which
shall not be less than half of the fine levied as punishment to the
offender.
If the victim dies before receiving the compensation under
Sub- Section (1) and if he/she does have children below the age of 18,
the children shall receive the compensation. If the victim does not have
any children, the dependant parents shall receive the compensation.
EXPLAINATION OF THE ACT
One question that may arise in the reader's mind is why skin trafficking isn't explicitly mentioned in the aforesaid section?
Answer- As under s.4(3) states that 'To extract human organ except otherwise determined by law' is considered as an act of Human Trafficking and Transportation.
Here, we need to break down the section and understand it thoroughly. The keyword used in the aforesaid section is Human Organ. So, what comes under the definition of Human Organs needs to be cleared. Before that, here is what the Nepali translation of the said section states 'प्रचलित कानून बमोजिम बाहेक मानिसको अङ्ग झिक्ने'.
The comparative analysis of both the translated selection help us understand that the Nepali translation of organ is अङ्ग.
Now, one needs to understand what is the definition of an organ and whether skin comes under its definition? To elaborate the doubt, as referred to the National Geographic blog, live science Organ is of two types, internal and external. Internal organs are the brain, lungs, liver, kidney, stomach, pancreas, those organs located inside of our body. External organs are those organs located outside of our body i.e, skin, tongue, ear, nose, eyes. In addition to that, the Skin is also considered as the largest human organ. The above-said statement helps us rectify one's doubt as to whether Skin comes under the definition of organ or not. However as this offence is increasing rapidly in our society, a new stringent law should be implemented. Further, if one is willing to file for a case against skin trafficking in Nepal then anyone who has been victimized of a crime or knows about the act of trading can go before the eyes of the law and file against the act of illegal trafficking of Human Skin. Even though there are numerous cases and interviews of Nepali Cheli's online, there is not even a single case filed before the court.
To conclude, as we know that crime is unstoppable in our society. The trafficking of human skin for monetary benefits without the victim's consent is unjust, inhumane, and unacceptable. Only one group of people is not responsible for this act. The change must come from within. The change must start from the clients who are willing to get their surgery done by checking the type of skin used in the surgery, Parents must start family planning which might result in less poverty and can balance the ratio of parents sending their children to a foreign land for employment opportunities, the victims must approach the court and file for the justice that they are left behind & lastly, the Government must take initiative in conduct awareness program regarding the new aged crime in the society and also by implementing tight border security. All the above-mentioned group people must work for hand in hand to control the ongoing crime in the society.
(THE PURPOSE OF THIS BLOG IS TO EDUCATE AND AWARE CITIZENS OF NEPAL AND ALL OVER THE WORLD ABOUT THE NEW AGE CRIME PREVAILING IN OUR SOCIETY. IT IS A HUMBLE REQUEST TO ANYOONE WHO IS BEING VICTIMIZED OF A CRIME OR KNOWS THAT AN OFFENCE IS BEING COMMITTED OR MAY BE COMMITTED TO REPORT TO THE NEAREST POLICE STATION.)
TOGETHER WE CAN.
YASHASWEE THAPA
ADVOCATE
BAR COUNCIL OF NEPAL
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