moot problem..sir can u plz brief me abt this problem
jasmine
(Querist) 15 February 2016
This query is : Resolved
Moot Problem
Ellong and Moeing are neighboring States. Ellong is an industrial state with a successful market economy and a democratic political system. The State is independent, politically stable, have rich natural resources and hardworking and entrepreneurial citizens have all helped in developing into a leading State in the areas of technological innovation, in particular electronics and communication.
Moeing is located to the south of Ellong. The two nations are divided by the river �Almenia� Although Moeing has a long and proud history (i.e. rich in social and cultural civilization), but has not been as fortunate in its political history as its northern counterpart. A series of military coups and counter-revolutions was the reason for Moeing not having an opportunity to stabilize its political system and become well-functioning State. The State economy is struggling to cope with the demands of globalized economy relations. Its police and military service are in shambles. Citizens do not have employment opportunities and are deprived of basic human needs and thus are forced to leave the State and cross the thunderous river �Almenia� to the neighboring State of Ellong.
Kavita, a young girl of twenty-two years, citizen of Moeing was in love with Mohit, a boy of twenty-eight years. They planned to get married but were fed up of the poverty. Mohit asked Kavita to come to Ellong with him there they can have a good life. He painted a rosy picture of the new life in Ellong, to which Kavita agreed to and on the stated date both of them eloped and crossed the river �Almenia� and reached Ellong. After reaching Ellong, Mohit took Kavita to his relative�s place telling her that till they find a place of their own they will stay there and eventually get married. Kavita went along. Leaving Kavita at his aunt�s place, Mohit said to her that he is going out in search of job, she waited for him or for his calls but he never came back. Instead she came to know that the lady, to whom Mohit introduced as her aunt, is no relative of his and Mohit has sold Kavita to her. She was kept in captivation there and was forced into prostitution over a period of several months. She was told by the aunt that if she did not cooperate, she will be tortured and killed. To prove this point, she was raped by the guards on more than one occasion.
On the other hand, Anuj, a twenty-five year old man from Moeing, was promised by his neighbor, that there was good employment available in the factories and industries of Ellong. Due to extreme poverty and unemployment and prospects of sound economic future, Anuj along with his family and some other families from his village accompanied the neighbor and migrated to Ellong. Upon reaching there, Anuj along with others was put to work as unskilled labour, in a steel factory. They were paid miserably low wages insufficient even to meet his basic needs. Their wages were below the norms prescribed by the national labour laws of Ellong. They were made to work 18-20 hours a day without adequate breaks and were rarely given time off. Due to low wages and lack of facilities like adequate housing, sanitation and clean drinking water, the workers from Moeing in the factory and their families were unable to get adequate nutrition and become prone to illness, they ended up losing their jobs. No health care facilities were available to them. There were no schools for their children due to lack of resources. Speaking a language different from locals was an additional barrier. They also faced opposition from local workers as they (Moeing workers) were ready to accept employment at lower wages and were preferred by the employees.
In the case of Kavita, in May 2014, she managed to escape. A Passerby, shocked by her appalling physical state, helped her to the hospital. While at the hospital, Kavita reported the location of the brothel to the Police. The Police raided the building after two hours of getting information. By that time, everyone has fled from there and so nobody could be arrested. The Police took the statement of Kavita and promised further investigation. She was deported back to Moeing. Kavita felt traumatized by the experience and so contacted the � Human Right Association (HRA)� based in Moeing. In August 2015, HRA initiated the proceedings in Ellong against her unidentified traffickers and captors and also made State of Ellong party for failing to protect her. The Police investigation in Ellong did not made any progress and no arrests were made all this time. On 21st November, 2015, the Prosecutor suggested that the case be removed from the docket due to lack of evidence. In December 2015, HRA was informed that case of Kavita has been closed. As no other means were available, the newspapers at Moeing were contacted by HRA and story of Kavita got published therein. In view of the strong public opinion and the reporting in mass media, HRA already bitterly aware of the problem of magnitude and incidences of trafficking, brought up her cause and demanded that the Moeing government become seized of the matter.
At the same time, HRA also being aware of the plight of migrant workers in Ellong�s factories conducted further investigation on its own. The findings of Human Rights Association included the conditions in which the migrant workers were leading their lives was highly inhuman as well as violated their economic, social and cultural rights. The rights of these workers including safe working environment, equal remuneration for equal work, rest, health etc. were not protected by Ellong and were persistently violated. According to HRA, it is the responsibility of the Government of Ellong that all persons in the country enjoy basic human rights. HRA also claims that the workers must have the freedom to form trade unions so as to ensure that they are paid adequate wages and basic facilities are available to them. HRA campaigns vigorously with the government of Ellong to take up the cause of people like Kavita and Anuj, who become victims of trafficking, especially with respect to the neighboring country of Ellong.
The cases of Kavita and Anuj are anything but unique. A large number of youngsters from Moeing had faced similar or even worse fate. Prostitution is illegal in Ellong, public opinion had become complacent to the problem. Human trafficking from foreign countries especially Moeing, is a common sight and no more shocks the people of Ellong. The Recent polls conducted in Ellong indicate that citizens of the State considered trafficking �regrettable� but an �unavoidable� aspect of everyday life. Men, in particular, visited illegal brothels or bars where young women were being prostituted, thus perpetuating the problem.
As regards the problems of Migrant Workers, Ellong stated that as the workers in the factory have not migrated legally, it is not possible to monitor the activities of such workers and ensure protection of their rights. HRA argued that the illegal migration or employment is not a defence, and even such workers and their families are entitled to basic human rights that are available to the citizens of Ellong. The Ellong Government has often blamed �Politics� and the world economy for the situation. As a consequence, the Ellong Government never tackled the matter in a systematic way. The State has no comprehensive laws criminalizing trafficking and there is no evidence of comprehensive effort to crack down the organized nature of the crime.
Both Ellong and Moeing are members of the United Nations. Both States have submitted unilateral declarations accepting the compulsory jurisdiction of the International Court of Justice in accordance with Article 36(2) of the Statute of the Court.
Note: Indian laws like Evidence Act, Criminal Procedure Code and Indian Penal Code will be applicable in the State of Ellong.
