PROBLEM OF TRAFFICKING IN INDIA

SUBMITTED TO

Mr. Abhishek Bhardwaj

Faculty Member
BY:

Sugandha Singh
B.A. L.L.B. (Hons.) Student
Semester – VII, Section – C, Roll No. – 172

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Uparwara Post, Abhanpur, New Raipur - 493661 (C.G.)

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 DECLARATION

I, Sugandha Singh, hereby declare that , the project work entitled,

“Problem of Trafficking in India” submitted to Hidayatullah National Law
University , Raipur is record of an original work done by me under the
able guidance of Mr. Abhishek Bhardwaj, Faculty Member, H.N.L.U. , Raipur.

Sugandha Singh

Roll no – 172

05/ 10/ 2017

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 ACKNOWLEDGEMENTS

I am highly elated to carry out my research on the topic, “Problem of Trafficking

in India”. I would like to give my deepest regard to my course teacherMr.
Abhishek Bhardwaj , who held me with his immense advice, direction and
valuable assistance, which enabled me to march ahead with this topic. I would
like to thank my friends, who gave me their precious time for guidance and
helped me a lot in completing my project by giving their helpful suggestion and
assistance. I would like to thank my seniors for their valuable support. I would
also like to thank the library staff and computer lab staff of my university for
their valuable support and kind cooperation.

Sugandha Singh

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 CONTENTS

1. Introduction 05
2. Objectives 06
3. Research Methodology 06
4. Scope and Limitation 06
5. Chapterization 06
6. Chapter-1-Trafficking-Problem and its causes 07
7. Chapter-2- Law in India in regard to Trafficking 12
8. Chapter-3- Conclusion and Suggestions 16
9. Bibliography 18

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INTRODUCTION
Human trafficking which is for the purposes of sexual exploitation is becoming an increasingly
prevalent issue around the world. Trafficking is a huge industry which has been identified as the
fastest growing criminal industry in the world. The international and Indian legal definitions of
bonded labour, child labour and sex trafficking used throughout the report are highlighted in this
section. Under the new section 370 of the Indian Penal Code, trafficking of persons for “physical
exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude
and the forced removal of organs” is prohibited.

Cases covering a wide variety of forms of modern-day slavery have been registered under this
section. Since India signed the Palermo Protocol and amended its Penal Code, trafficking of
persons for the purpose of sexual exploitation has been comprehensively prohibited. The
Immoral Traffic in Persons Act 1956 also prohibits the procuring, inducing or taking of a person
for the purpose of prostitution. The Protection of Children from Sexual Offences Act 2012
prohibits a range of sexual offences against children under the age of 18. The Constitution of
India prohibits trafficking of human beings and forced labour, but it does not define either term.
India penalizes many forms of forced labour under the Bonded Labour System (Abolition) Act,
as well as the Child Labour (Prohibition and Regulation) Act, and the Juvenile Justice (Care and
Protection of Children) Act.

Human trafficking can include several different components which can include sex trafficking,
labor trafficking, and organ trafficking. Sex trafficking is human trafficking into prostitution.
Labor trafficking is when someone is trafficked into work that is non-sexual. Examples can
include a man trafficked into farm work, or a woman trafficked into a servant. Lastly, organ
trafficking is when people are trafficked so their organs can be sold to be used into transplants.
People can be forced into this trafficking by many means such as physical force being used upon
them, or false promises made by traffickers. Examples of promises may include false job
opportunities, or marriages in foreign countries.

According to the Walk Free Foundation Global Slavery Index 2014, India is home to an
estimated 14 million victims of human trafficking, including victims of sex trafficking, bonded
labour, child labour, domestic servitude and forced marriage. According to India’s 2008
Integrated Plan of Action to Prevent and Combat Human Trafficking, the scale of the problem is
enormous “both in [the] number of trafficked persons and increasing number of locations”.
Traffickers are motivated by high profits and the low risk due to weak law enforcement and low
levels of prosecution. To tackle human trafficking, prosecution and punishment of offenders
must be pursued as well as legal action to seize the assets and profits of traffickers.

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Objectives
 To study about the problem of trafficking and its cause
 To study about the laws and policies prevalent in India to combat trafficking.
 To study the remedies available to the victims of trafficking and also the penalties
imposed on accused.

Research Methodology
The research project is descriptive and analytic in nature. The research project is mainly based on
secondary sources which include books and web pages. I’ve made this project by referring to
various books kept in the library.

These methods do not include field work and mainly depend on electronic resources. I owe my chief
source of inspiration to our respected faculty. The data base referred is not copied from any other
source and is purely authentic and genuine.

Scope and Limitation

The research deals with the problem of human trafficking only. The research in detail consists of the

various provisions of law and policies available in India to combat this evil. It also studies the
problem of trafficking and the main reasons which are responsible for its growth in India.

Chapterization

Chapter -1- Trafficking- The problem and its causes

Chapter-2- Law in India in regard to trafficking

Chapter-3- Conclusions and Suggestions

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CHAPTER-1- TRAFFICKING- THE PROBLEM AND ITS CAUSES
According to Oxford dictionary, ‘Trafficking’ means deal in something especially illegally. It
also offers new terms like drugs trafficking, arms trafficking and human trafficking. The
conceptual meaning of human trafficking refers to “to the criminal practice of exploitation of
human beings where they are treated as commodities for profit and after being trafficked, are
subject to long term exploitation”. Human trafficking (HT) has become one of the three most
lucrative types of organised crimes, there are drugs and arms. This organised crime of human
trafficking has reached ‘a scary magnitude’ because the extent of violations of human right is
unbelievable and unimaginable. The sad part is that there is very little awareness of this crime
among the masses. It is also because of its highly secret and clandestine nature. It has become
such mind-boggling problem that it has become difficult to arrive at any consensual data as
different agencies project different numbers. It has been termed as modern day slavery.

In 1949, the problem of trafficking got major attention when the UN adopted a Convention for
the Suppression of the Traffic in Persons and the Exploitation of Prostitution which was the sole
convention existed for fifty years. This convention was also criticised for being soft and not able
to protect women. But a breakthrough achieved when the Global North feminist groups revived
the anti-trafficking movement. It was followed by creation of UN Special Reporter on violence
against women in 1994 and a South Asian and Association for Regional Cooperation (SAARC)
Convention on Prevention of trafficking in women and children for prostitution in 2002.1 The
current international legal standard, which gives shapes to many domestic definitions is the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, a protocol to the United Nations Conventions Against Transnational Organised Crime,
commonly known as the Palermo Protocol (UN, 2000).

The Palermo Protocol defines trafficking as: The recruitment, transportation, transfer, harbouring
or receipt of persons by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the
giving or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation (UN 2000). The Palermo Protocol (UN 2000)
was the first point which defined trafficking from a wider perspective as a matter of international
law. It took into account the pre-existing individual crimes such as abduction, kidnapping, forced
prostitution and slavery. It highlighted three important areas and presented clarity on these:

A. It recognized that any human can be trafficked, not just women and children

B. HT is not just for sexual exploitation, it is for labour and other areas also.

C. It categorically mentioned that force, coercion or deception must be present.

1
Annie G, Vindhya U, Swamy R (2010) Sex-trafficking and sex-work: definition, debates and dynamics- a review
of literature. Economic and Political Weekly 45(17): 64-73.

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D. The intent to exploit and control another human being is central to the crime of trafficking.

So, the instance of defining and criminalizing trafficking as a specific crime validated the fact
that, as to the level of egregiousness, the whole of trafficking in human beings is greater than
sum of its parts. It can be said that trafficking in human beings is specifically egregious crime as
those who set out to do this exploit people during their most vulnerable times often in
inconceivably inhuman ways.

The Protocol requires the states to:

A. Criminalize the trafficking in persons

B. Provide assistance and protection to victims in countries of origin, transit and destination

C. Provide assistance in the repatriation of victims

D. Have management on migration to prevent and detect trafficking

E. Have thrust on training, research and information to prevent trafficking

India signed the protocol on December 2, 2002 and ratified recently on May 13, 2011. As a
signatory to the protocol, India is bound to comply with the laws conforming to UNTOC and
protocol’s mandate.

Phases of Human Trafficking

There are three main phases of human trafficking which are origin; transit and destination point.
Origin is the place from where the victims are recruited; transit denotes transportation and
transfer, sometimes harboring also. Destination is the final point where the victims are received
and maintained for exploitation. Even the victims may be exploited in origin and transit phase
but it is for a short period. At destination, negotiation takes place for maximum profits .

TRAFFICKING AS VIOLATION OF HUMAN RIGHTS

The human rights discourse is profoundly silent on this grave issue which requires immediate
attention and further deliberation. The Immoral Traffic Prevention Act, 1956 which was later
amended in 1986 has not taken human rights of victims in its ambit. It also fell short on deterrent
punishment leave alone the sensitive handling of rescue and rehabilitation of victims. Due to
poor condition of rehabilitation homes and lack of medical and psychological support to
traumatised victims, they become source for re-trafficking. 2 Also, with the low-levels of poverty
and high-levels of corruption, India has become the worst sufferer. Trafficking in humans is a
serious affront to their dignity and human rights. It is a gross violation of victims’ rights

2
Sujata M (2013) Contemporary women’s issues, marginalised women and human rights. Journal of the Human
Rights Commission of India 12: 1-13.

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particularly all the basic fundamental rights like freedom and liberty, free speech and expression,
education, right to life with dignity. It becomes a sordid tale of modern day slavery.

The brothels are the dens of violations of human rights. Women and children who have been
trafficked and thereafter subjected to commercial sexual exploitation are “living embodiments of
the ultimate violation of human rights”. 3 The survivors are the largely helpless souls of grim tale
of trade. When the victims are arrested as accused, prosecuted and even convicted, the meaning
of rights becomes absurd. What was meant to redress their grievances becomes tool of
continuous victimization. This chilling tale of affairs calls for stern action by proper and
effective use of the available legal provisions.

Trafficking has become an emotive issue about which much has written passionately rather than
objectively because it touches the core of our beliefs about morality, justice, gender and human
rights. It must be the priority area of the academia, legalists and the civil society. Human rights
are the lifeline of any democratic society. It can never be loose talk. What is of urgent
importance is that there should be equal emphasis on interpretation and change rather than latter
taking over former.

CAUSES OF TRAFFICKING IN INDIA

India is a source, destination and transit country for labour and sex trafficking. In India, 90% of
trafficking occurs domestically (intra-state or inter-state), and 10% occurs across national
borders. The country serves as a destination for persons trafficked from neighboring countries
such as Nepal and Bangladesh, and as a transit country for individuals being trafficked to the
Middle East and other parts of the world. In addition, India is a source country for individuals
trafficked to Europe, the Middle East and North America.

The majority of trafficked persons in India, including men, women, boys and girls, are trafficked
for purposes of forced labour. Labour trafficking is the trafficking of a person by means of fraud,
coercion or duress for the purpose of exploiting him or her for forced labour or services or
slavery or practices similar to slavery, including involuntary servitude, peonage and debt
bondage

Sex trafficking is also prevalent within India and predominantly affects women and girls. Sex
trafficking is the trafficking of a person by means of fraud, coercion or duress for the purpose of
exploiting him or her for involuntary commercial sex acts, prostitution of that person or other
forms of sexual exploitation.

3
Sen S, Nair PM (2004) A Report on trafficking on women and children in India 2002-2003 (Vol 1). Institute of
Social Sciences, NHRC & UNIFEM, India, pp. 440.

9
The number of persons trafficked for either labour or sex is difficult to estimate, given the
inherently clandestine nature of this criminal enterprise. 4 The United States Department of State's
2013, Trafficking in Persons Report estimates the number of persons trafficked for forced labour
in India within the range of 20 to 65 million.

A study conducted in 2008 by the Ministry of Women and Child Development in India found
that there were an estimated three million sex workers in India. It is possible that many of these
sex workers are victims of sex trafficking. Interviews with government officials suggest that the
number of individuals trafficked for the purposes of sexual exploitation is particularly difficult to
estimate as these victims, after escaping from their traffickers, may return to sex work in the face
of limited alternatives. Lack of education or vocational training limits the ability of many former
trafficking victims to find sustainable employment in other sectors, and even work that is
available in sectors like domestic labour may have much lower earning potential. Alternative
employment options outside of sex work are frequently limited for victims of sex trafficking due
to the social stigma attached to having engaged in commercial sex acts. Therefore, in some cases
it may be difficult to ascertain whether a sex worker is presently a victim of trafficking, was a
victim of trafficking and chose to remain engaged in sex work, or was always voluntarily
employed in this sector.

Poverty is a primary cause of human trafficking in India. Other factors include “low employment
prospects, a patriarchal culture, low regard for women's rights, low levels of education,
discrimination and marginalization of women, and cultural factors such as dowry issues.” Labour
trafficking is particularly driven by poverty, which increases vulnerability to trafficking, and by
the increased demand for cheap labour and the lack of governance, which in turn facilitates
trafficking in persons. Sex trafficking, which largely impacts women and girls forced into
prostitution, is facilitated by similar factors, as well as the low female-tomale child sex ratio in
northern India (namely, Uttar Pradesh and Haryana) and the large number of migrant labourers
in certain regions of India, which increases the demand for commercial sex workers and also for
trafficked brides.

Caste further compounds the situation. Belonging to a “lower” caste increases an individual's
vulnerability to trafficking. Lower caste women face dual and simultaneous discrimination on
account of both their caste and gender: gender and caste contribute to the denial of access to
education and sustainable employment, making it is easier to exploit and traffic them due to their
vulnerable economic position.

In addition, societal lack of awareness about human trafficking, combined with the absence of a
strong legal framework, has contributed to the continued prevalence of this serious problem. In
this regard, the enactment of the Amendment Act signifies a vast improvement in the legal

4
Ministry of Women and Child Development, India Country Report to Prevent and Combat Trafficking and
Commercial Sexual Exploitation of Children and Women 4 (2008).

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framework. However it remains to be seen whether the amended legislation will be implemented
in ways that enhance the prevention and prosecution of human trafficking in India.

IMPACT OF TRAFFICKING

Social Impact – Trafficking while inflicting harms also provides women with livelihood
opportunities, which may result in some women gaining freedom from a more oppressive
situation. Many women return home with funds to invest in themselves and the community
chooses to remain silent. Where they are unable to integrate back into their communities, they
back to their migrant lifestyle.

Economic Impact- Economic losses from human trafficking are enormous. The necessary cost of
anti- trafficking initiatives puts added strain on limited government resources. Huge amounts of
income remains lost in hidden sectors such as commercial sex work and escape the formal
economy for income re-generation and productive uses.

Health Impacts – There are psychological impacts of trauma and depression. But there are also
direct consequences- trafficked people are more prone to get STDs, HIV/AIDS, malaria,
tuberculosis and other diseases.5

5
https://asiafoundation.org/resources/pdfs/StanfordHumanTraffickingIndiaFinalReport.pdf. Retrieved on 1st
October, 2017.

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CHAPTER-2- LAW IN INDIA IN REGARD TO TRAFFICKING
India has a fairly wide framework of laws enacted by the Parliament as well as some State
legislatures, apart from provisions of the Constitution which is the basic law of the country.

A number of international instruments have bearing on human trafficking under categories of

UN Conventions in general and International Labour Organization conventions in particular.
However, because of India’s special dualist regime, any international law ratified by the central
government is not directly binding unless there is an explicit measure through enactment of a
statute to internalize these obligations. 6

The Constitution of India which is the highest law of the land and from which all laws emanate,
guarantees equality as a fundamental right and prohibits traffic in human beings. Article 23(1)
specifically prohibits traffic in human beings, begar and other forms of forced labour. It is
pertinent to mention here that there is no specific prohibition of prostitution, what is prohibited is
traffic in persons. Article 24 of the Constitution prohibits employment of children below 14
years of age in factories, mines or other hazardous employment.

Indian Penal Code, 1860 - There are 25 provisions relevant to trafficking; significant among
them are:

 Importation of girls from foreign country (Sec. 366B IPC)

 Procuration of minor girls (section 366-A IPC)

 Buying of minors for prostitution (section 373 IPC) (previously known as buying of girls for
prostitution)

 Selling of minors for prostitution (Section 372 IPC) (in previous editions, data was collected
under buying of girls for prostitution)

 Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law
(Amendment) Act 2013.

IMMORAL TRAFFIC (PREVENTION) ACT, 1986 - The Suppression of Immoral Traffic in Women
and Girls Act, 1956 now Immoral Traffic (Prevention) Act, 1986 (ITPA) was enacted in
pursuance of India’s commitment on ratifying the International Convention for the Suppression
of the Traffic of Persons and of the Exploitation of the Prostitution of others.

The objective of the ITPA is to: -

-Punish immoral trafficking;

6
Handbook on Human Rights for Judicial Officers, NIHR, National Law School of India University,2000.

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-Punish traffickers;

- Punish persons living off the earnings of a woman; and to provide welfare measures directed
towards rehabilitation of sex workers.

In fact, the Supreme Court has exercised its extra-ordinary writ jurisdiction making powers under
Article 145 and Article 142, to lay down a comprehensive scheme to rescue and rehabilitate
victims of sexual exploitation specially in the case of Gaurav Jain v Union of India. 7

The Act does not provide for a clear and precise definition of “prostitute”. Prostitution is defined
in Section 2 (f) and according to it “means the sexual exploitation or abuse of persons for
commercial purposes, and the expression “prostitute” shall be construed accordingly.” Section 2
(f) of the Act indicates that there should be sexual exploitation or abuse of persons for
commercial purposes. Therefore, there has to be an element of commercial purpose which means
offer of money by the customer and acceptance of the same by the person who offers her body in
lieu of consideration received.

To constitute a brothel a place must have been used for purposes of prostitution. When the
prosecution proved the presence of only one girl in the premises and a single instance of
prostitution, the premises cannot be held ”used for brothel” in the absence of any proof from the
surrounding circumstances. Solitary instance of prostitution in a place does not make a place a
“brothel”.8

Section 8 punishes seducing or soliciting for the purpose of prostitution. It criminalizes the act of
solicitation for prostitution, and is being used to arrest and punish women and girls who are
victims of trafficking. The Act was amended to make good some inadequacies in the light of the
experience gained in its implementation; and presently empowers the State govt. to appoint
Special Police Officers for dealing with offences under this Act in a specified area. 9

Criticism of the Act - The substantive and procedural aspects of the Immoral Traffic (Prevention)
Act, 1956 reflect inbuilt gender injustice. Though the Act’s intent is to curb trafficking, in
actuality it ends up working against voluntary prostitution. In the name of controlling
prostitution, soliciting and seducing for prostitution in public places, the Act criminalises
voluntary prostitution. The Act is totally ineffective in controlling trafficking, forced prostitution
and child prostitution. The ITPA is thoroughly misused by the police to harass women in
prostitution. The police seek bribes or sexual favours from these women. There is a ‘quota’
system in operation under which the women are periodically picked up. So the women are
frequently in and out ofpolice stations, court halls and prisons.

7
AIR 1997 SC 3021
8
Sushila v. State of Tamil Nadu, CriLJ 1982 MAD 702.
9
Section 13, Immoral Trafficking (Prevention) Act, 1986.

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The ITPA has to be replaced by a law that only criminalizes trafficking, forced prostitution and
child prostitution. The law must be framed in such a manner that the rights of women in
prostitution are not trampled upon in any form, whether they are street prostitutes or those
operating from brothels. The law should delink trafficking from voluntary prostitution and
v/omen in prostitution must be completely decriminalized.

Ujjawala- The Ujjawala: A Comprehensive Scheme for Prevention of Trafficking and Rescue,
Rehabilitation and ReIntegration of Victims of Trafficking for Commercial Sexual Exploitation,
under the Ministry for Women and Child Development, attempts to “provide rehabilitation
services both immediate and long-term to the victims by providing basic amenities/needs such as
shelter, food, clothing, medical treatment including counseling, legal aid and guidance and
vocational training.” The Ujjawala Scheme provides victims with funding to meet the travel
costs incurred en route to being restored with their families, as well as “seed money” of 5,000
INR (roughly $83) to each victim. 10

Swadhar Greh- A Scheme for Women in Difficult Circumstances, also under the Ministry of
Women and Child Development, represents another such program. The Swadhar Greh Scheme is
meant “to provide temporary accommodation, maintenance and rehabilitative services to women
and girls rendered homeless due to family discord, crime, violence, mental stress, social
ostracism or [who] are being forced into prostitution and are in moral danger.” Beneficiaries of
the Swadhar Greh Scheme include “trafficked women/girls rescued or runaway from brothels or
other places where they face exploitation.” Both schemes, however, only apply to persons
trafficked for the purposes of sexual exploitation.11

Juvenile Justice (Care and Protection of Children) Act - The Juvenile Justice (Care and
Protection of Children) Act, 2000 defines a child in need of care and protection to include a child
“who is found vulnerable and is likely to be inducted into . . .trafficking.” 12 The Act establishes
procedures for the recovery and social reintegration of such children, including the creation of
shelter homes and the provision of foster-care services. However, this scheme only applies to
minors 92 defined as persons below the age of eighteen years.

Code of Criminal Procedure, 1976 - Responsibility for providing compensation to trafficking

victims is fragmented between the central government and individual states. This is largely the
result of Section 357, Code of Criminal Procedure, which states that the Central Government
should be responsible for compensating victims of any crime (not limited to trafficking) who
have suffered loss or injury. The Section addresses the compensation of trafficking victims;
however, it allows for the individual State's determination of compensation procedures and
amounts. As a result, there is no centralized compensatory system for trafficking victims in
India. The Centrally Sponsored Rehabilitation Scheme for Bonded Labor mandates a

10
http://wcd.nic.in/schemes/ujjawala.pdf.
11
http://wcd.nic.in/schemes/swadhardtd07102011.pdf.
12
Section 2(d)(vii), Juvenile Justice (Care and Protection of Children) Act, 2000.

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rehabilitation grant of Rs. 20,000 (roughly $330) to each bonded laborer as well as assistance for
rehabilitation. Unfortunately, this amount is fixed regardless of the amount of time the laborer
has provided bonded service.

Irrespective of the legal sanctions and constant watch, it is the fact of the matter that the
phenomenon of human-trafficking has not reduced yet. In fact, it is still expanding and
flourishing its existence among the vulnerable groups and has huge impact on their basic
fundamental rights of having a dignified life with full liberty as guaranteed by the constitution.

Human-trafficking is one of the worst criminal activities that has spread its infection over the
planet. It is one of the wicked acts that have made the lives of millions as worse as the hell. This
kind of modern slave trade has washed away the humanity among those who are being involved.
The moral values, ethos and sense of belongings as a member of same human race have been
curbed by the individual interest and pleasure. The victimization of poor and vulnerable masses
has excluded them from the human race and commodified them like animals and vegetables in
the market. Their right and access to justice has no significant meaning and worth for them. The
procedures, process, means, methods as well as the rate of involvement is increasing in this
crime each day due to lack of resources, highest demand in the market, very few income options
and impotent legal watch system. It is, thus, imperative to have a careful watch and monitoring
mechanism as well as strong interventions and commitment through which we can attempt to
clean out this crime across the globe.

15
CHAPTER- 3- CONCLUSION AND SUGGESTIONS
India's Amendment Act brought India into closer alignment with the international standards
established by the UN Trafficking Protocol. However, there continue to be gaps between India's
laws, policies and practices, on the one hand, and, on the other, the UN Trafficking Protocol's
requirements and recommendations for State Parties. First, India's laws and policies have long
prioritized preventing and punishing sex trafficking rather than labour trafficking in spite of the
fact that labour trafficking is far more prevalent within India. Second, there remains a notable
absence of measures to guarantee the safety, rehabilitation and compensation of trafficking
victims. Current policies seem to conflate sex work with trafficking, and give inadequate
attention to other forms of trafficking such as labour trafficking. While the recent amendment of
the Indian Penal Code to include a comprehensive definition of trafficking is a major
development in Indian law, a comprehensive effort to address the problem of trafficking through
appropriate prevention, rescue and rehabilitation programmes is still required. Third, cross-
border trafficking victims face a double edged sword in India- their mere presence in the country
constitutes a violation, as they are within India illegally. India must decriminalize the status of
such victims and work to safely repatriate cross-national human trafficking victims to their home
countries. Furthermore, India should reform its laws and policies to reflect the country's
obligations under the UN Trafficking Protocol in light of the realities of human trafficking in the
country. Following below are concluding observations and recommendations made by experts
and interviewees for reforming India's anti-trafficking laws, policies and enforcement efforts.
These suggestions are intended as topics deserving of consideration and are meant to be assistive
in understanding the current legal framework concerning human trafficking in India.

Prevention of human trafficking requires several types of interventions. Prevention as a strategy

to combat trafficking has to focus on areas of sensitization and awareness among the public,
especially those vulnerable pockets of trafficking at source areas as well as convergence of a
development services to forestall conditions responsible for it.

RECOGNIZE AND PROSCRIBE LABOUR TRAFFICKING - Reform India's Amendment Act to

include correspondingly harsh sentences for engaging persons who are victims of labour
trafficking in the same measure as those who engage victims of sex trafficking. The Bonded
Labour Act should be amended to explicitly define bonded labour as a form of human trafficking
and to specifically include “forced labour” in the definition of exploitation, or alternatively,
clarify that the Act's term “physical exploitation” includes “forced labour.”

AWARENESS AND ADVOCACY - Awareness and advocacy is required at the policy level i.e.
National Planning Commission, bureaucrats, politicians and the elite of the society. Awareness at
the local level, in the community through workshops, songs, drama, poems, meetings, leaflets
and posters especially in the rural areas is also required. The role of gender in daily life and
training programmes and activities for gender sensitization must be conducted by NGOs. The
key to prevent trafficking in children and their exploitation in prostitution is awareness among

16
the children, parents and school teachers. The government must launch media campaigns that
promote children’s right and elimination of exploitation and other forms of child labour. Police
advocacy is an important intervention that has to be fine-tuned.

ROLE OF MEDIA - Media attention reaches several hundred thousand viewers and should
therefore serve the important functions. It should transmit appropriate message to ensure that the
victims learn that they are not alone. Victims can be made aware of places and institutions where
they can seek help. Media should create awareness that human trafficking is inappropriate and
illegal and has negative consequences. Wide publicity should be given regarding the legal, penal
provisions against trafficking and the modus operandi of the traffickers through radio, television
etc.

REHABILITATION FOR VICTIMS - Post-rescue rehabilitation should be coupled with counselling.

Sustained counselling should be given to the girl rescued till the perpetrators of crime are
punished and the girl is finally reintegrated with society. Mental health services to be provided to
the traumatized woman, in addition to addressing her basic needs. Rescued girls who have been
abandoned by their families or are homeless should be trained in economically viable vocational
trades to ensure economic rehabilitation.

ROLE OF NGO’S- The community should be sensitized about trafficking the community members
should be motivated to keep a watch in the community for irregular movement of child victims
to and from area their possible traffickers and hideouts. NGOs working in the rural areas should
ensure that parents are aware of safe migration practices.

EDUCATION- Government at local level and source areas should create compulsory high quality
education, employment opportunities and income generation program. It should produce relevant
IEC materials; promote sensitization programs for teachers in government schools, parents and
community workers. Government should include gender centered education curricula in schools
and introduce subjects of child sexual abuse and trafficking.

Human trafficking jeopardizes the dignity and security of trafficked individuals, and severely
violates their human rights. Constitutions of India guarantee the equal rights of men and women,
but they are often merely rhetoric when it comes to the question of practical implementation. In
order to combat trafficking and thus to protect the human rights of the vulnerable people, strong
political will of the government is vital in implementing their anti-trafficking mandates. Thus we
can say any crime which can be used as business one day becomes a big social evil as in the case
of human trafficking. The problem is still in our hands to be solved if the strong steps are taken
deliberately and policies are made and implemented strictly. If timely steps are not taken then in
very short time it will remain late but too late.

17
BIBLIOGRAPHY
Books

1. Mamata Rao, Law Relating to Women and Children, 2nd Edition, Eastern Book
Company, Lucknow, 2008.
2. Ratanlal Dhirajlal, Indian Penal Code, Wadhwa Publications, 2011.
3. Dr. P.M. Nair, Trafficking-Women and Children for Sexual Exploitation, Revised
Edition, UNODC New Delhi, 2007.
4. Upendra B (2006) The future of human rights. (2nd edn), Oxford University Press, India.

Articles

1. Sen S, Nair PM (2004) A Report on trafficking on women and children in India 2002-2003 (Vol 1).
Institute of Social Sciences, NHRC & UNIFEM, India.
2. Mukherjee KK, Das D (1996) Prostitution in metropolitan cities in India. Central Social Welfare
Board, India.
3. Sujata M (2013) Contemporary women’s issues, marginalised women and human rights. Journal
of the Human Rights Commission of India.
4. Khan, Intezar (2011) Child Trafficking in India: A Concern, Dept. of Social Work. Jamia Milia
Islamia University, New Delhi.

Websites

1. http://www.mea.gov.in/human-trafficking.htm
2. http://ncrb.nic.in/StatPublications/CII/CII2015/chapters/Chapter%206A-15.11.16.pdf
3. http://www.protectionproject.org/wp-content/uploads/2010/11/NAP-Draft-
India_2006.pdf
4. http://ncw.nic.in/pdfreports/human_right_violation_of_victims_of_trafficking.pdf

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