CHILD SEX TOURISM: INTERNATIONAL AND NATIONAL

LEGAL FRAMEWORK

INTRODUCTION

No social problem is as universal as the oppression of the child. No slave was ever so much
the property of his master as the child is of his parent. Never were the rights of man ever so
disregarded as in the case of the child.

-Maria Montessori1

Tourism refers to the activity of people travelling to and staying in places outside their usual
environment for leisure, recreation, business, or other purposes. It involves various activities
such as sightseeing, exploring cultural or historical landmarks, experiencing different
cuisines, engaging in recreational activities, and interacting with the local community.
Tourism can be domestic (within one's own country) or international (travelling to other
countries), and it plays a significant role in economies worldwide, contributing to
employment, infrastructure development, cultural exchange, and the preservation of natural
and cultural heritage.

Tourism, for most people, is an opportunity to earn while helping others to rejuvenate and
refresh their minds and body. The tourism industry is a very broad industry occupying a large
number of population and providing them livelihood. Along with these perks and benefits,
this industry has a very dark side as well, including a number of illegal and inhumane trade
practices like drug smuggling, human trafficking, organ smuggling, etc. One of these
practices is Child Sex Tourism.

Child Sex Tourism is a commercially facilitated form of Child Sex Abuse. It refers to tourism
for the purpose of engaging in the prostitution of children. This is a newly found concept in
global politics and has been closely linked to poverty, rapid industrialization, globalization,
excess population and armed conflicts. “Child” sex tourism specifically is morally more non-
righteous as it involves a very vulnerable section of the society, i.e. its Children.

We can say that the term Child Sex Tourism is a rather fancier term given to the concept of
child pornography and child trafficking.

Note: CST- Child Sex Tourism.

1
Loveleen Kacker, CHILDHOOD BETRAYED: CHILD ABUSE AND NEGLECT IN INDIA (2015).
LITERATURE REVIEW

BOOKS

a. Childhood Betrayed: Child Abuse and Neglect in India by Loveleen Kacker

This book is authored by Loveleen Kacker, who is a former IAS officer. This book
contains a number of real-life stories on Child Abuse and Neglect in India. The book
begins with a quote by Maria Montessori, which is also mentioned at the very
beginning of this research paper. The first chapter of this book, titled ‘Scenario of
Child Abuse and Neglect’ unfolds different types of abuse like mental, physical,
emotional, sexual and maltreatment. This book later moves on to different kinds of
abuse prevalent in a society with special reference to Indian society. The sixth chapter
of this book specifically talks about the discrimination of the girl child. The author
states that in India, a girl is never a child and she is just like a burden, and this
unequal burden of being female begins even before the child is born and continues till
the death of the female. The author also sheds some light on the efficacy of
governmental legislation and policies. With POCSO Act, 2012 in guard, the author
mentions 3 levels of prevention. The author recommends that, like Polio Ravivars, the
state government can have a Child Abuse Prevention Month as a primary advocacy
program and get into the details of different laws for protecting children. The book
ends with a suggestion to the parents, the caregivers and other stakeholders on how to
deal with the situation of child abuse and that in order to make an impact, we have to
invest in 4 major sectors i.e. Health, education, nutrition and protection. The author
concludes the book with deep thoughts saying "we are living in hard unforgiving
times. Society is in a flux and everyone is struggling to survive; the biggest problem is
the breakdown of communication, which is often due to the high-pressure jobs of
parents on one side & children’s ever-increasing involvement with gadgetry & social
media on the other side; the result is childhood that is neither easy nor fun."2
b. The Children and Laws in India with Reference to POCSO Act, 2012 by Dr. Manjula
S.R and Deepa T.N
This book specifically focuses on the legal framework concerning children in India,
with a more particular focus on the Protection of Children from Sexual Offences Act
of 2012. This book delves into the provisions, scope, and implications concerning the

2
Loveleen Kacker, CHILDHOOD BETRAYED: CHILD ABUSE AND NEGLECT IN INDIA (2015).
 protection of children from sexual offences. This book is like a guide aiming at
educating the citizens of India to safeguard the interests of a very vulnerable yet big
portion of the population i.e. the children. The authors have conducted a comparative
study and critical analyses of the law in other countries in dealing with the prevention
of crimes against children. It also studies the role of the judiciary in upholding the
rights of children and the efforts of the government to ensure legal protection. It
further discusses the various international conventions in relation to the rights of
children like the UNCRC that help the policymakers, law students and teachers to
know about the stringent application of the law.3
c. Child Exploitation and Trafficking: Examining the Global Challenges and U.S.
Responses" by J. Winterdyk and J. Jones
This is an academic work which deals with the multifaceted issue of child exploitation
and trafficking at a global scale. This book is particularly focused towards the
challenges posed by children and crime responses from the United States. It examines
child exploitation and trafficking from a global standpoint, discussing its prevalence,
different forms, and the socio-economic, cultural, and legal factors contributing to
these crimes in various regions around the world. This book further highlights the
initiatives, policies, and legal frameworks implemented by the United States to
combat child exploitation and trafficking. It encompasses the legislative actions, law
enforcement strategies, victim support programs, and international collaborations
aimed at addressing these challenges.
REPORTS
1. UNICEF’s Hidden in Plain Sight 20144
This is a statistical analysis of violence against children and is the largest-ever
compilation of data on this subject. The report sheds light on the prevalence of
different kinds of violence faced by children with global figures and data from 190
countries. This report provides evidence that violence is ever present in the lives of
children from all walks of life around the world. Violence can be observed or rather
implicated on a child in various forms like physical, emotional, mental, sexual etc.,
and it occurs in familiar surroundings like the home or school or community and even
over the internet.

3
Dr Manjula S.R & Deepa T.N, THE CHILDREN AND LAWS IN INDIA WITH REFERENCE TO POCSO ACT, 2012 (2018)
4
United Nations Children Fund, HIDDEN IN PLAIN SIGHT A statistical analysis of violence against children pg.
no. 164-173(2014)
2. National Children’s Alliance’s National Statistics on Child Abuse
The National Children's Alliance (NCA) is a nonprofit organization in the United
States dedicated to supporting Child Advocacy Centers (CACs) and Multi-
Disciplinary Teams (MDTs) that work to address and respond to cases of child abuse.
NCA provides training, technical assistance, accreditation, advocacy, and support
services to these centres and teams across the country. The primary focus of NCA is to
help communities develop and sustain coordinated, multidisciplinary responses to
child abuse, particularly cases of sexual abuse, severe physical abuse, and neglect.
Child Advocacy Centers are designed to be child-friendly, safe spaces where
multidisciplinary teams, including law enforcement, child protective services, medical
professionals, mental health providers, and victim advocates, work together to
investigate cases, support child victims, and help families navigate the legal and
healing process.
3. WHO’s Report on Child Maltreatment
WHO publishes reports addressing child maltreatment, including abuse and neglect.
Every year, the WHO conducts extensive research and collaborates with numerous
partners to gather data, statistics, and evidence on different aspects of child
maltreatment. These reports provide global data, research findings, and strategies for
prevention and intervention.

4. United Nations Convention on the Rights of the Child(UNCRC) Report on Child

Trafficking of Minor for Sexual Purpose:
As per the Reports of the United Nations conventions on the Right of
child ,children are trafficked mainly for sexual exploitation having some pre-
existing factors which are displayed in the form of Percentage in the table below:

Economic Needs – 51% Child Deprived of Parental Care- 9%

Mental, behavioral or neurological Child with dysfunctional family- 20%
disorder- 10%

In higher income countries, child trafficking is generally less detected and most
child victims globally are trafficked for sexual exploitation.
Overall, 50 percent of detected victims were trafficked for sexual exploitation ,
which is done by the foreign or the domestic traveler.
There are some terms that need a little further clarity in the context of children
which is clarified by United nation convention of rights of children:
Sale of Children:
It is difficult to have a definition of “sale of children” since children are not, and
should not be, legally and/or morally, the objects of trade or commerce. The
reality of such sales, however, proves the need for a definition. The traditional
concept of sale is that it pertains only to property - real, personal or incorporeal -
and that the consideration is always price in money. In order to gain a clearer
perception of the meaning of “sale” in its commercial application, it may be useful
to take a look at some definitions of “sale” in general. Black’s Law Dictionary
defines it as “a contract between two parties, called, respectively, the ‘seller’ (or
vendor) and the ‘buyer’ (or purchaser), by which the former, in consideration of
the payment or promise of payment of a certain price in money, transfers to the
latter the title and the possession of property”.
Recruitment:
The process of recruitment of children is always by adults with the knowledge and
support of at least certain members of the community and sometimes even the
parents or other family members. Abuse of authority also plays a vital role when
anyone who exercises any form of authority over a child or involved in
recruitment resulting in trafficking.
Children are generally recruited into (this is not an exclusive list - just exemplary):
 Prostitution
 Industrial/ factory based labour
 Bonded labour
 Domestic labour
 Agricultural labour
 Construction work
 Circus
 Dance troupes
 Liquor shops
 Camel jockeys
  Insurgent groups
 Or any other employment, which may be legal or illegal
5. Constitutional Provision of Trafficking in India
Trafficking in Human Beings or Persons is prohibited under the Constitution of
India. The specific provisions relates to Article 23 (1) of the Constitution which is
as follows:-
'’Traffic in human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable
in accordance with law’'.
6. The South Asian Association for Regional Cooperation (SAARC)
SAAR convention on Preventing and Combating Trafficking in Women and
Children for Prostitution of 2002 was signed by Member States including India.
The main purpose of this Convention is to the prevent the use of women and
children in National or International prostitution networks, particularly where the
countries of the SAARC region are the countries of origin, transit and destination,
the repatriation and rehabilitation of victims of trafficking.

STATEMENT OF PROBLEM

Child sex tourism involves the exploitation of children through the commercial exchange of
sexual services, where individuals travel to foreign countries with the purpose of engaging in
sexual activities with minors. The problem is multifaceted and raises significant concerns at
both local and global levels.

The following elements highlight key aspects of the problem:

Magnitude and Scope:

Child sex tourism involves the exploitation of vulnerable children in various regions, often in
developing countries like Thailand , Sri Lanka , India where regulatory mechanisms of such
offences are inadequate.

Legal and Regulatory Challenges:

The problem is compounded by the inadequacy of legal frameworks and enforcement

mechanisms to combat child sex tourism. Jurisdictional complexities, weak legal systems,
and corruption may impede efforts to prosecute offenders and protect the rights of the
victims.
Cross-Border Problem:

Child sex tourism involves the movement of individuals across borders, making it a complex
transnational issue. Coordination and collaboration between countries are crucial to address
the challenges posed by differing legal systems and enforcement capacities.

Impact on Children:

Child victims of sex tourism suffer severe physical, psychological, and emotional
consequences. The effect of exploitation is long-lasting ,affecting their overall well-being and
welfare of the child.

Role of Technology:

The rise of the internet has made it easy to exchange of information and coordination among
offenders engaged in child sex tourism. Online platforms and communication tools helps in
contributing to such exploitation of the vulnerable children.

RESEARCH OBJECTIVES

The researcher’s objective with this research paper is to:

 Study the concept of Child Sex Tourism;

 Study the impact of Globalization on CST;
 Study the prevailing international conventions, treaties and other provisions for the
prevention of sexual exploitation of children in the tourism sector;
 Study the national (Indian) laws protecting the rights of a child;
 Analyze the effectiveness of existing legal frameworks in combating CST;
 Suggest provisions for protection of Children from being sexually exploited.

RESEARCH QUESTIONS

The researcher, through this study, tries to find out the following questions/problems:

 Who is a child in the eyes of the law?

 What are the rights of a child at the national and international level?
 What are the special immunities and protections available to a child?
  What forms of abuse a child can face?
 What is meant by Child Sex Tourism?
 What is the impact of globalization on Child Sex Tourism?
 What are the international initiatives to combat Child Sex Tourism?
 What are the national efforts to put a stop to Child Sex Tourism?
 Are there any provisions of POCSO Act 2012 which prevents Child Sex Tourism?
 Whether the existing legal framework is effective in combating Child Sex Tourism
across the globe?

HYPOTHESIS

 Internet, social media and technology plays a big role in expanding the horizons of
CST networks.
 Child Sex tourism will be put to an end by improving the socioeconomic conditions of
the society.

SIGNIFICANCE OF STUDY

The study of child sexual abuse is very essential due to its severe impact on individuals and
society as a whole.

Understanding and addressing this issue is crucial for several reasons:

Human Rights and Well-being:

Child sexual abuse is a violation of a child's basic human rights. It infringes upon a child's
right to safety, security, and protection from harm. Studying child sexual abuse helps to
identify patterns, risk factors, and consequences, ultimately contributing to the development
of effective prevention and intervention strategies.

Public Health Impact:

Child sexual abuse has a adverse effect on the public health. Victims of Child Sex Tourism
may suffer from physical, psychological, and emotional consequences that can lead problem
into there future adulthood. By studying the causes, and consequences of child sexual abuse,
researchers can contribute to public health efforts aimed at prevention, early intervention, and
support for survivors.

Legal and Justice System Implications:

Understanding child sexual abuse is essential for the legal and justice systems. It helps in
framing laws, policies, and procedures that protect children and implement certain sanctions
over such offender. Research can provide insights into the challenges of prosecuting such
cases and improving the legal response to ensure justice for victims.

Prevention of Child Sex Tourism:

By identifying risk factors and protective factors, researchers and practitioners can design
targeted initiatives to reduce the incidence of abuse and provide effective support to those at
risk or affected

Mental Health Implications:

Child sexual abuse is strongly linked to mental health issues, including anxiety, depression,
post-traumatic stress disorder (PTSD), and other psychological disorders. Studying these
impacts helps mental health professionals develop appropriate interventions and support for
survivors.

Breaking the Silence:

Research helps break the silence surrounding child sexual abuse by putting light on the
actualness of the problem and its various forms. This increased awareness among the people
of the society which was earlier totally unknown to the public.

Coordinate in Policy Development process:

Findings of research contribute to evidence-based policymaking efforts. Policymakers can

use this information to create and implement laws and policies that eradicate such
exploitation on children and protect the children of the society from this evil practice.

RESEARCH METHOD

SECTIONS

a. Background and overview of child related crimes

Tourism is a essential profitable exertion for every country. Countries attracts

different kinds of traveller . People travel to various countries in hunt of sexual
desire; this practice is nominated as sex tourism. Sexual tourism brings in earning
and income for the people working as well as the nation.
1. Multi-million-dollar is earned through this Sexual Tourism every year.
2. The sex workers may be bought back by the tourist to his/ her own country.
There are near about 7 Lakh victims trafficked every time and it's the fastest
growing business in the world.
3. Every nation in the world has the problem of Sexual tourism and is looking for
instant means and ways to eradicate it. People travel either for business or rest.
Travellers could be foreigners or from same nation. Some trip for long passages,
while others prefer short stays. utmost trippers plan their trip sensibly and travel
like normal trippers .
4. Travelers who travel to fulfil there sexual desire generally travel developing or
poor countries or countries having low or no legal implications. The most popular
destinations for child sex tourism are Thailand, India, Sri Lanka, Philippines and
various other countries.
5. In India, the most popular destination for Sex Tourism is Goa. There might be a
connection between people who travel and those who exploit children. still, the
tourism industriousness facilitates tourist and provides them children for
performing sexual activities.
6. Tourists may exploit women and children only if they find an occasion.
7. These culprits who typically don't exploit a child in their home state may
commit acts of abuse only while travelling. tourists substantially come in contact
with children dealing goods or children begging in public places. Some tourists
may find children that are smuggled, pressured, abducted and vended into the
similar industry where they're sexually exploited. This exploitation is the worst
possible crime leading the children to a life of slavery, therefore denying them
their introductory mortal right to liberty which is given to every person under
Composition 21 of the Indian Constitution.
8. For every three children trafficked, two are girls and one is a boy. When
children are exploited its effect on tourism is drastically negative.

People get attracted to children while in a foreign country, the reason being the
original people of the country don't know the true identity of the outsider. Hence,
 the outsider is guaranteed obscurity. Children are easy to force and impact by
hanging them or raining them with gifts. Hence, children are willing actors.
utmost travellers come in contact with children in one way or the other. Some may
meet children while they're dealing monuments on the sand or dealing goods.
Some come in contact with children who are begging in public places. Children
are set up working at cafe , therefore making them easy targets. The sightseer may
approach the child in person on the thoroughfares, the sand, in seminaries or
centres for children. The modus operandi adopted by the tourist is first to befriend
the child through its family and cousins or through an conciliator on the sand, in
hotels, guesthouses, karaoke clubs and massage parlours. Another order of
sightseer is the one who comes on professional commitment, like educators, those
running their own business or working as volunteers.
b. Who is a child in the eyes of the law? (International and Indian
perspective)

According to international law, a ‘child’ means every human being

below the age of 18 years. This is a universally accepted definition of a
child and comes from the United Nations Convention on the Rights of
the Child (UNCRC), an international legal instrument accepted and
ratified by most countries.

Article 1 of UNCRC : For the purposes of the present Convention, a child means
every human being below the age of eighteen years unless under the law applicable
to the child, majority is attained earlier.

India has always recognised the category of persons below the age of 18
years as distinct legal entity. That is precisely why people can vote or get
a driving license or enter into legal contracts only when they attain the
age of 18 years. Marriage of a girl below the age of 18 years and a boy
below 21 years is restrained under the Child Marriage Restraint Act 1929.
Moreover, after ratifying the UNCRC in 1992, India changed its law on
 juvenile justice to ensure that every person below the age of 18 years,
who is in need of care and protection, is entitled to receive it from the
State.
There are, however, other laws that define a child differently and are yet
to be brought in conformity with the UNCRC. But, as stated earlier, the
legal understanding of the age of maturity is 18 for girls and 21 for boys.
This means all persons in your village/town/city below the age of 18
years have to be treated as children and need your assistance and support.
What makes a person a ‘child’ is the person’s ‘age.’ Even if a person
under the age of 18 years is married and has children of her/his own,
she/he is recognised as a child according to international standards.

c. Kinds of abuses faced by a child

Child abuse can take various forms and can occur in different settings,
including within families, institutions and communities. The World
Health Organization(WHO) identifies four main types of child abuse:

1. Physical Abuse

Involves the use of force that causes injury or bodily harm to a child.
Examples include hitting, slapping, kicking, burning, or any other
forms of physical harm.

2. Sexual Abuse

Involves any non-consensual sexual activity with a child. It includes

both contact abuse(such a molestation, rape) and non-contact
abuse(such as exposure, child pornography, or online exploitation)
 3. Emotional or psychological abuse

Involves behaviours that may cause long-term psychological harm to

the child. It includes constant criticism, humiliation, rejection or
exposure to domestic violence.

4. Neglect

Involves the failure to provide for a child’s basic needs, such as

adequate food, shelter, clothing, medical care and supervision.

d. Child sex tourism :

The United Nation World Tourism Organization (UNWTO) defines child

sex tourism as:
‘Trips organized from within the tourism sector or from outside this sector
using its structures and networks with the primary purpose of effecting a
commercial sexual relationship by the tourist with residents at the destination’ . The

Special Rapporteur of Human Rights Council on child trafficking, child

prostitution and child pornography defines child sex tourism as: The
commercial sexual exploitation of children in travel and tourism is the
exploitation of children for sexual purposes by people who travel locally
or internationally to engage in sexual activities with children. Child Sex
Tourism often involves the use of travel agencies, transport,
accommodation and other tourism-related services that facilitate contact
with children.
The Committee on the Convention on the Rights of the Child has opined
that the term ‘child sex tourism’ signifies sexual exploitation of children
in a context of travel, tourism. There is growing international debate on
not using the term ‘child sex tourism’, instead countries are encouraged to
use the term ‘Sexual Exploitation of children in the context of Travel and
Tourism’ Child prostitution is defined by the optional protocol on sale,
prostitution and sexual exploitation of children as the ‘use of a child in
sexual activities in exchange for remuneration or any other form of
consideration’. The protocol is silent on the nature of sexual activities.
The Committee on the Rights of the Chid has opined that sexual activities
would include penetrative as well as non-penetrative acts between an
adult and a child. It will include exhibition of genitals of a child,
masturbation and acts of bestiality. The Committee recommends State
parties to
avoid the use of the term ‘child prostitution’. States may use the term
‘children exploited in prostitution’. The Committee also recommends that
terms such as ‘child prostitute’ or ‘child sex worker’, must be replaced
with ‘children who are
prostituted’.
The International Labour Organization’s Convention (1999) defines
‘sexual exploitation as one of the worst forms of child labour’. Sexual
exploitation prevents a child from going to school, might lead to infection
with sexually transmitted diseases, including HIV/AIDS, and can result in
early and unwanted pregnancies, which result in higher maternal
mortality. These factors all hinder the achievement of millennium
development goals.
In India, Article 23 of the Constitution prohibits traffic in human beings,
forced labour and bonded labour. A trafficked child is defined as a child
in need of care and protection and protected under the Juvenile Justice
Care and Protection of Children) Act, 2015. Missing children are usually
victims of trafficking. A missing child must be declared as a child in need
of care and protection as was declared by the Supreme Court of India.
Trafficking is an offence under the Indian Penal Code, 1860. It defines
trafficking as ‘(i) recruitment, (ii) transportation, (iii) harbouring, (iv)
transfer, or (v) receipt of a person for exploitation by use of certain
forceful means’. In addition, there are also other laws, which regulate
trafficking for specific purposes. For instance, the Immoral Traffic
(Prevention) Act 1986 deals with trafficking for the purpose of sexual
exploitation. In 2015, pursuant to an order of the Supreme Court, the
Ministry of Women and Child Development constituted a Committee to
examine the feasibility of a comprehensive legislation on trafficking.
The Trafficking of Persons (Prevention, Protection and Rehabilitation)
Bill, 2018 was introduced in Lok Sabha by the Minister of Women and
Child Development, Ms Maneka Gandhi on 18 July 2018 and passed in
that House on 26 July 2018. The Bill will provide for the establishment of
investigation and rehabilitation authorities at the district, state and
national levels. Anti-Trafficking Units will be established to rescue
victims and investigate cases of trafficking. Rehabilitation Committees
will provide care and rehabilitation to the rescued victims. The Bill
defines trafficking to mean:
(a) recruitment,
(b) transportation,
(c) harbouring,
(d) transfer,
(e) receipt of a person for exploitation, by using certain means.
These means are the use of threat, force, abduction, fraud, deception,
abuse of power or through inducement. Exploitation includes physical or
sexual exploitation, slavery, or forced removal of organs.
 e. International laws protecting children (UK, USA, China, Japan, etc)
f. India’s stand on CST (POCSO n treaties entered into)
g. Conclusion n suggestions

BIBLIOGRAPHY