A CRITICAL ANALYSIS OF CHILD TRAFFICKING IN INDIA BY - BANDARI. DIVYA
ABSTRACT:
Human trafficking, particularly child
trafficking, is a critical issue in India. Children are the most vulnerable
targets of violence. Child trafficking has been one of the growing issues but
it is the least reported cases in India. The technological development has also
led to online child trafficking through various online platforms. On the other
hand, social media has become one of the essential tools where child violence
are addressed and discussed about. This paper provides a comprehensive overview
of the nature and extent of child trafficking in India, identifying key factors
such as poverty, migration, tourism, and religious prostitution that contribute
to this modern form of slavery. The study analyzes data from the National Crime
Record Bureau, highlighting a troubling rise in reported cases of trafficking,
with significant instances occurring under various legal provisions including
the Immoral Traffic (Prevention) Act and sections of the Indian Penal Code. It
discusses the diverse forms of exploitation faced by trafficked children,
including forced labor, sexual exploitation, and organ trade, emphasizing the
severe violation of human rights inherent in these practices. The main
objective of the study is to develop in-depth knowledge about the intervention
of technological advancement in child trafficking issues. This paper reflects
the nature of occurrence, causes and reason behind child trafficking as well as
the preventive measures. The paper critiques the existing legal framework,
noting the inadequacies in enforcement and prevention measures, and suggests
actionable reforms to enhance protective mechanisms for vulnerable populations.
Ultimately, it calls for collective responsibility among citizens and
authorities to combat this heinous crime and restore the dignity and rights of
children in India.
Keywords:- Human Trafficking, Migration, Slavery, Child Trafficking,
Human Rights, Vulnerable, Exploitation.
1. INTRODUCTION:
Human trafficking, recognized as one
of the gravest human rights violations, remains a pervasive and complex crisis
affecting millions globally. Defined as the act of recruiting, transporting,
transferring, harboring, or receiving individuals through coercion, force,
deception, or abuse of vulnerability for purposes of exploitation, this crime
involves virtually every nation as either an origin, transit, or destination.
Particularly distressing is the trafficking of women and children, often
exploited for forced labor, sexual slavery, begging, drug trafficking, organ
trade, and even in sports and entertainment. In recent years, human trafficking
has surged to rank as the third largest organized crime globally, following
arms and drug trafficking, and is estimated to generate billions of dollars
annually. Approximately 600,000 to 800,000 women and children are trafficked
internationally each year, with many more victims trafficked within their own
countries.
Child trafficking is defined as the
“recruitment, transportation, transfer, harbouring or receipt” of a child for
purpose of exploitation. Child trafficking in India remains an ongoing crisis,
exploiting the vulnerabilities of children from socioeconomically disadvantaged
backgrounds. The widespread access to technology and the internet, especially
in urban and semi-urban areas, has created new avenues for traffickers to
exploit children and reach victims more easily. However, technology also offers
opportunities to prevent trafficking and support rescue efforts. This research
paper explores the dual role of technology in aggravating child trafficking and
its potential in offering innovative solutions to counter this crisis.
The dual role of technology in both
exacerbating and potentially mitigating child trafficking is central to this
research. This study examines the prevalence and forms of child trafficking
within India, considering regional data, underlying causes, and the impacts on
victims. It also delves into technology’s potential to fight trafficking,
showcasing tools like Spotlight, which uses online tracking methods to detect
cases of child sex trafficking, and discusses social media’s critical role in
awareness and advocacy. By analyzing child trafficking through the lens of
technological and social media engagement, this paper aims to offer a
comprehensive view of the current crisis, the role of digital platforms, and
the pathways toward meaningful intervention.
1.1 ELEMENTS OF HUMAN TRAFFICKING:
On the basis of the definition given
in the Trafficking in Persons Protocol, it is evident that trafficking in
persons has three constituent elements: -
1.
The Act (What is done) – Recruitment, transportation,
transfer, harbouring or receipt of persons.
2.
The Means (How it is done) – Threat or use of force,
coercion, abduction, fraud, deception, abuse of power or vulnerability, or
giving payments or benefits to a person in control of the victim.
3.
The Purpose (Why it is done) – For exploitation, which includes
exploiting the prostitution of others, sexual exploitation, forced labour,
slavery or similar practices and the removal of organs.
2.
LITERATURE
REVIEW:
Historical Perspective of Child
Trafficking in India: Discuss the history and evolution of child trafficking in
India and its correlation with societal issues like poverty, migration, and
regional disparities. Globalization and Technological Impact: Review existing
studies on how globalization has contributed to trafficking while also offering
tools for monitoring and combating it. Studies on Social Media’s Role:
Summarize research that explores the positive side of technology—social media’s
role in advocacy, awareness, and prevention.
3.
MAJOR REASONS FOR CHILD TRAFFICKING
IN INDIA:
Child trafficking in India is fueled by various
interconnected factors:
1.
Demand for Cheap Labor and Sexual Exploitation: Industries
such as agriculture, construction, and domestic work create a significant
demand for child labor, alongside commercial sexual exploitation, driving trafficking
practices.
2.
Social Inequalities and Discrimination: Marginalized
communities, particularly those facing social discrimination, are
disproportionately affected by child trafficking.
3.
Poverty and Economic Opportunities: Families living in poverty
are particularly vulnerable, often lured by traffickers promising a better
future for their children.
4.
Illiteracy and Lack of Awareness: Limited education and
awareness about trafficking risks increase vulnerability among individuals and
communities.
5.
Cultural Practices: Certain regions still practice the
selling of children to brothels, often under traditional customs like Jogin and
Devadasi, where young girls are dedicated to deities, perpetuating trafficking.
6.
Profitability of Trafficking: Child trafficking has become
the third most profitable criminal industry globally, following drug and arms
trafficking. The potential for high financial returns with minimal investment
makes it an appealing venture for criminal organizations.
4. TYPES
OF CHILD TRAFFICKING:
Child trafficking encompasses several
forms of exploitation, each driven by different economic, social, and criminal
factors. Types of child trafficking as follows:
1. Sex-Trafficking:
Children are trafficked for sexual exploitation, including
forced prostitution and child pornography. Traffickers target vulnerable
children, often manipulating them with promises of employment or safety, only
to trap them in exploitative situations. The internet and social media have intensified
this issue, enabling traffickers to target and groom children more effectively.
2. Labor Trafficking:
The children are forced into various forms of work, often in
hazardous conditions and without any legal protections. This includes domestic
work, construction, agriculture, factories, and even mining. Children in these
situations endure long hours, minimal pay, and harsh treatment, with limited or
no access to education and healthcare.
3. Child Soldiering:
The children are forcibly recruited by armed groups and used
as soldiers, messengers, spies, or even as human shields. This form of
trafficking is particularly devastating as it strips children of their
childhood and exposes them to severe violence, trauma, and human rights abuses.
4. Forced Begging:
Children are trafficked into forced begging rings, where they
are forced to beg on the streets for the benefit of their traffickers. Often,
traffickers exploit children with disabilities, and they may intentionally harm
children to increase sympathy and generate more money.
5. Organ Trafficking:
In this form of trafficking, children are kidnapped or sold
for the purpose of organ harvesting. Traffickers illegally remove organs like
kidneys, livers, and hearts, which are then sold on the black market for
transplant surgeries. This form of trafficking is often underreported due to
its highly covert nature.
6. Forced Marriage:
Child marriage is a prevalent form of child trafficking where
minors, predominantly girls, are coerced into marriage, often with adults.
These forced marriages expose children to a range of abuses, including sexual
violence, domestic servitude, and deprivation of education and personal
autonomy.
7. Drug Trafficking:
Children are sometimes exploited by criminal organizations to
carry or sell drugs due to their perceived "innocence," which makes
them less likely to be suspected by law enforcement. This form of trafficking
places children in dangerous environments and leads to their criminalization
instead of treating them as victims of exploitation.
8. Trafficking for Adoption:
Children are trafficked for illegal adoptions where
traffickers may kidnap or buy children to place them in adoptive homes, often
for profit. This type of trafficking takes advantage of families seeking
children for adoption, bypassing legal adoption processes and child welfare
standards.
5. CAUSES
AND ITS CONSEQUENCES:
Poverty is a primary factor
contributing to child trafficking in India, often forcing economically
disadvantaged families to abandon or sell their children to traffickers. This
issue is especially severe in regions impacted by natural disasters, where
families face increased vulnerability. Illiteracy and lack of education further
exacerbate this vulnerability, making families more susceptible to
exploitation. Additionally, children whose births are unregistered and those
subjected to early marriages are among the most at risk, as these marriages can
serve as a disguise for trafficking activities.
Trafficked children endure various
forms of abuse and neglect, including physical, sexual, and emotional harm,
which traffickers use to maintain control. Many children face severe neglect,
emotional isolation from their families and communities, and lack access to
education or opportunities for personal development.
They are often trafficked for
commercial sexual exploitation or forced labor, including domestic servitude,
agricultural work, factory jobs, and even armed conflict. Vulnerable groups,
particularly refugees and migrants, are frequently targeted, with traffickers
exploiting their aspirations for better lives. In India, child trafficking is
exacerbated by poverty, as economically disadvantaged families may feel
compelled to abandon or sell their children. Areas affected by natural
disasters and families with limited education are especially susceptible, with
risks heightened by unregistered births, illiteracy, and early marriages, which
can serve as covers for trafficking activities.
Once trafficked, children experience
severe abuse, including physical, sexual, and emotional harm, which traffickers
use to maintain control. They often face neglect, lack access to education, and
suffer emotional isolation due to separation from their families and
communities. Many are forced into labor, including domestic servitude,
agricultural work, factory jobs, and armed conflicts, and may also be exploited
in commercial sex work. Vulnerable groups, particularly refugees and migrants,
are prime targets, as traffickers prey on their aspirations for education and a
better life. Additionally, many children are coerced into begging and similar
activities, perpetuating a cycle of exploitation.
Globally, one in three detected
victims of human trafficking is a child, with this figure rising to half in
low-income countries, where most children are trafficked for forced labor. Both
boys and girls are at risk, but girls are disproportionately targeted, facing
long-term consequences from gender inequality and violence. In India,
disadvantaged communities are particularly vulnerable to trafficking, as
parents are often misled or coerced due to their poor socio-economic
conditions, leading them to ‘send’ or ‘sell’ their children for promised better
livelihood opportunities. Traffickers lure parents with offers of daily wages
and transport children to large cities, where they are treated as commodities.
The NGO KSCF is actively working to address child trafficking in India, seeking
support to prevent and combat this issue.
6.
FACTS AND STATISTICS ABOUT CHILD TRAFFICKING
IN INDIA:
Child trafficking is a serious
concern in India, though the hidden nature of the crime makes exact statistics
difficult to capture. However, studies and reports provide insight into its
widespread impact. Data from the National Crime Records Bureau (NCRB) recorded
3,466 cases of child trafficking in 2019. Globally, UNICEF reports that
approximately 1.2 million children fall victim to trafficking each year, with
India serving as a source, transit, and destination for trafficked children. In
India, child trafficking predominantly involves forced labor, sexual
exploitation, child marriage, and domestic servitude, with the highest numbers
reported in states like West Bengal, Bihar, Uttar Pradesh, and Maharashtra.
5.1 Child Trafficking of India:
|
S.No.
|
Year
|
Victims rescued (below 18 years)
|
|
1
|
2018
|
2484
|
|
2
|
2019
|
2746
|
|
3
|
2020
|
2151
|
|
4
|
2021
|
2691
|
|
5
|
2022
|
3098
|
|
6
|
2023
|
3386
|
The National Crime Records Bureau
(NCRB) compiles crime statistics reported to it by the States and Union
Territories (UTs) and publishes the same in its annual publication ‘Crime in
India’. The latest published report is of the year 2022. The data on the number
of victims trafficked (below 18 years) during the last five years does not show
any consistent trend of increase in the numbers.
The number of victims rescued (below
18 years) during the last five years are given below:
‘Police’ and ‘Public Order’ are
“State-List” subjects under the Seventh Schedule to the Constitution of India.
The responsibility for preventing and countering the crime of child trafficking
primarily vests with respective States/UTs, who are competent to deal with such
offences under the extant provisions of law.
However, the Government of India also
supplements the efforts of the States/UTs in this regard by providing them
guidelines on preventing and countering human trafficking including child
trafficking in the form of various advisories issued from time to time. The
Ministry has provided financial assistance to all States/UTs for
upgrading/setting up Anti Human Trafficking Units (AHTUs) covering all
Districts of States/UTs. Advisories have been issued to establish an
institutional mechanism at all levels of the State/UT - State Headquarter
level, District level and Police Station level with a view to address the issue
of human trafficking in a comprehensive manner. The Ministry has also
been assisting the States/UTs in holding ‘State level conferences’ and
‘Judicial Colloquiums’ with a view to sensitizing the Police/Law officers about
the latest initiatives/developments for addressing the issue of human
trafficking in a focused and efficient manner.
Specific information in this regard
is not reported by the National Crime Records Bureau. This was stated by the
Minister of State for Home Affairs, Shri Bandi Sanjay Kumar in a written reply
to a question in the Lok Sabha.
7.
THE INTERNATIONAL CONVENTION ON THE
RIGHTS OF THE CHILD (1989):
It was the first binding document to
guarantee civil, cultural, political, and economic rights for children,
highlighting non-discrimination and prioritizing their best interests. The UN
introduced an Optional Protocol in 2002 to address child trafficking,
prostitution, and pornography, which India ratified in 2005.
The UN Convention against
Transnational Organized Crime (2000) and its Palermo Protocol (2003) provided
the first international definition of trafficking, focusing on exploitation
through force, coercion, fraud, or deception. India signed these agreements in
2002 but has not ratified them. Additionally, India has ratified the
International Covenant on Civil and Political Rights (1966) and signed the
Convention Against Torture (1984), both emphasizing the protection of
children's rights. Although a member of the International Labour Organization
(ILO), India has not ratified the ILO's Convention on the Worst Forms of Child
Labour (1999), which classifies child trafficking as severe child labor and
calls for its elimination.
8.
LEGAL PROVISION OF CHILD
TRAFFICKING IN INDIA:
Indian laws do not have a legal
definition of child trafficking. The Immoral traffic (Prevention) Child
Trafficking Indian laws currently lack a specific legal definition for child
trafficking. The Immoral Traffic (Prevention) Act addresses trafficking only
for prostitution of minors. Other laws, such as the Juvenile Justice Act
(2000), the Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act (1988),
and the Bombay Prevention of Begging Act, provide mechanisms to combat child
trafficking. The Kailash Satyarthi Children’s Foundation is advocating for the
urgent passage of the Trafficking in Persons (Prevention, Care and
Rehabilitation) Bill, 2021, which aims to create comprehensive legislation
against trafficking in India. The Immoral Traffic (Prevention) Act, 1956 serves
as the primary law for preventing commercial sexual exploitation.
The Criminal Law (Amendment) Act,
2013 revised Section 370 of the Indian Penal Code, introducing Sections 370 and
370A to establish comprehensive measures against human trafficking, including
for children's exploitation in various forms, such as sexual exploitation,
slavery, and forced organ removal. The Protection of Children from Sexual
Offences (POCSO) Act, 2012 specifically protects children from sexual abuse,
defining various forms of abuse, including penetrative and non-penetrative
assault.
Other significant legislation
addressing trafficking includes the Prohibition of Child Marriage Act (2006),
the Bonded Labour System (Abolition) Act (1976), the Child Labour (Prohibition
and Regulation) Act (1986), and the Transplantation of Human Organs Act (1994),
along with specific sections of the IPC (Sections 372 and 373) regarding the
selling and buying of girls for prostitution. Additionally, state governments
have implemented laws to tackle human trafficking, such as the Punjab
Prevention of Human Smuggling Act (2012).
1.
Immoral Traffic (Prevention) Act (1956): Primarily targets
trafficking related to commercial sexual exploitation, though it does not
comprehensively address all forms of trafficking.
2.
Child Labour (Prohibition and Regulation) Act (1986):
Prohibits child employment under specific conditions but lacks effective
enforcement, particularly in informal sectors where child labor persists.
3.
Protection of Children from Sexual Offences (POCSO) Act
(2012): Covers sexual exploitation and abuse, including trafficking for such
purposes, and mandates special protections and support mechanisms for victims.
4.
Need for Technologically Integrated Policies
5. While current laws establish
a foundation, updates incorporating technology-driven policies are essential,
including:
6.
Cybercrime Task Forces: Specialized units within law
enforcement should be established to monitor online activities, track
traffickers, and address digital exploitation cases.
a)
Collaboration with Tech Companies: Government partnerships
with technology companies can facilitate monitoring of platforms,
identification of trafficking patterns, and swift removal of exploitative
content.
b)
Enhanced Digital Literacy Programs: Educating children and
families about online safety and digital literacy can prevent online
recruitment by traffickers and increase awareness of risks associated with
digital interactions.
1.
Protection of Children from Sexual Offences
(POCSO) Act, 2012: This act addresses sexual offenses against children
under 18, providing a comprehensive legal framework with clear definitions of
offenses like "penetrative sexual assault" and "sexual
harassment." It mandates child-friendly procedures during investigations
and trials, including the appointment of Special Public Prosecutors and Special
Courts for expedited justice. Additionally, the POCSO Act enforces special
protections for cases involving authority figures, such as police officers and
public servants, ensuring children’s rights and safety are prioritized
throughout the legal process.
2.
Bonded Labor System (Abolition) Act, 1976:
This act prohibits bonded labor, often linked to child trafficking, and
requires the rehabilitation of rescued individuals to break cycles of
exploitation.
3.
Immoral Traffic (Prevention) Act (ITPA), 1956:
Targeting commercial sexual exploitation, this law criminalizes trafficking for
such purposes and includes provisions for victim rescue, rehabilitation, and
repatriation, supporting the reintegration of survivors.
4.
Juvenile Justice (Care and Protection of
Children) Act, 2015: This act emphasizes the care, protection, and
rehabilitation of children, with specific measures aimed at preventing
trafficking and ensuring the welfare of minors in vulnerable situations.
9.
IMPACT OF TECHNOLOGY ON CHILD
TRAFFICKING
IN
INDIA:
8.1 Technology as a Facilitator of
Child Trafficking:
The rise of digital tools has
provided traffickers with new ways to recruit, exploit, and control victims.
Key methods include:
1.
Online Recruitment and Grooming: Traffickers use social media
and messaging platforms to directly target children, often creating fake
profiles or promising job opportunities to lure them in.
2.
Digital Exploitation and Abuse: Traffickers can distribute
images and videos of exploited children online for commercial purposes, thereby
increasing the demand for child pornography.
3.
Communication and Control: Encrypted messaging apps and
mobile phones enable traffickers to communicate undetected and maintain control
over victims, making it difficult for law enforcement to track them and locate
victims.
8.2 Technology as a Tool for
Combating Child Trafficking:
While technology has facilitated
trafficking, it also offers critical resources for prevention and intervention:
1.
Data Analytics and AI: AI-driven analytics can uncover
trafficking patterns, identify suspicious online behavior, and assist in
investigations. Predictive tools help authorities pinpoint potential
trafficking hotspots and networks.
2.
Facial Recognition and Biometrics: These technologies allow
law enforcement to track missing children and reunite them with families,
particularly in urban areas where trafficked individuals may be relocated.
3.
Public Awareness and Digital Campaigns: Online platforms
provide NGOs and government agencies a means to raise awareness and educate the
public about the risks of child trafficking. Social media campaigns can
effectively disseminate information on prevention.
4.
Hotlines and Reporting Mechanisms: Technology facilitates
anonymous reporting of suspected trafficking cases through hotlines, mobile
apps, and websites, empowering communities to take an active role in addressing
trafficking activities.
10. CHALLENGES AND POLICY RECOMMENDATIONS
9.1 Challenges in Implementation:
Challenges in combating child
trafficking in India include limited resources for enforcement, systemic
corruption, and the vast informal sector where trafficking often goes
undetected. Furthermore, rural regions often lack the technology and internet
access needed to leverage digital tools in anti-trafficking efforts.
9.2 Recommendations
To enhance anti-trafficking efforts,
the following steps are recommended:
1.
Strengthening Cyber Laws and Enforcement: India should enhance its cyber laws specifically related to
online trafficking and exploitation and increase funding for digital forensic
units.
2.
Expanding Digital Education Programs: Awareness campaigns focusing on digital safety and the risks
of trafficking should be implemented in schools, especially in high-risk areas.
3.
Improving Victim Support Services: Technologies such as anonymous reporting apps and online
counseling resources should be expanded to support victims and provide a safer
reporting mechanism for trafficking cases.
4.
International Cooperation: India should strengthen its cooperation with other countries
and international organizations to tackle cross-border trafficking, especially
as traffickers increasingly use global platforms.
5.
Technology-Driven Data Collection and Analysis: An integrated, technology-based system for tracking,
recording, and analyzing child trafficking cases across India would enable more
effective and responsive policy making.
11. SUGGESTIONS:
To effectively combat child trafficking
in India, a multi-faceted approach involving various
stakeholders is required
1.
Improve socioeconomic conditions: Address poverty and unemployment through
poverty alleviation programs, skill development initiatives, and social welfare
schemes
2.
Strengthening inter-agency collaboration: Foster cooperation between government agencies, law
enforcement, NGOs, and international organizations to enhance information
sharing and joint operations.
3.
International cooperation: Collaborate with other countries to combat cross-border
trafficking networks and improve intelligence sharing.
4.
Establish safe migration practices: Strengthen regulation of recruitment agencies and
ensure safe migration processes to prevent trafficking during movement.
5.
Enhance victim support and rehabilitation: Establish comprehensive victim support mechanisms,
including counseling, medical care, and vocational training for
survivors.
6.
Strengthen law enforcement: Enhance training and capacity building of law
enforcement agencies to effectively investigate and prosecute child
traffickers.
7.
Raise awareness and education: Conduct awareness campaigns to educate communities
about the dangers of child trafficking and promote the importance of education.
12. CONCLUSION
Child trafficking is a distressing
reality in India, with numerous children falling victim to
exploitation and abuse. The major reasons behind child trafficking include
poverty, lack of awareness, demand for cheap labor, and sexual exploitation, as
well as social inequalities. The Government of India has enacted laws and
regulations to combat this heinous crime. Despite the existence of laws and
initiatives, the prevalence of trafficking crimes remains alarming.
It is necessary to enhance
community-based interactions and raise awareness on this issue.
Measures such as community-based rehabilitation programs and
a review of existing laws to address loopholes should be
taken. Tackling poverty-driven child labor requires creating more job
opportunities for families, enabling children to attend school. In
order to protect victims, prosecute perpetrators, and foster global
collaboration, technical assistance, and cooperation need to be strengthened.
REFERENCES:
1.
United Nations Office on Drugs and Crime (UNODC). Protocol
to Prevent, Suppress and Punish Trafficking in Persons.
2.
Government of India, Ministry of Home Affairs. Child
Trafficking Data and Prevention Strategies.
3.
International Labour Organization (ILO). Global Report on
Child Labour and Trafficking.
4.
National Crime Records Bureau (NCRB), India. Data on Child
Trafficking Cases in India.
5.
Agrawal, A. (2008). Child Trafficking in India: Issues and
Perspectives. Journal of Human Rights and Social Justice, 6(1), 35–47.
6.
Joffres, C., et al. (2008). "Sexual slavery without
borders: Trafficking for commercial sexual exploitation in India." International
Journal of Equity in Health, 7(1), 1-11.
7.
Sen, S., & Nair, P. (2004). A Report on Trafficking in
Women and Children in India 2002-2003. New Delhi: National Human Rights
Commission.
8.
Weitzer, R. (2015). "Human Trafficking and Contemporary
Slavery." Annual Review of Sociology, 41,223–242.
United Nations Office on Drugs and Crime (UNODC). (2016). Global Report on Trafficking in Persons. United Nations.
Finklea, K., et al. (2019). Human Trafficking: Global and National Trends. Congressional Research Service.
United Nations Office on Drugs and Crime (UNODC). (2016). Global Report on Trafficking in Persons. United Nations.
Finklea, K., et al. (2019). Human Trafficking: Global and National Trends. Congressional Research Service.
9.
Latonero, M. (2011). Human Trafficking Online: The Role of
Social Networking Sites and Online Classifieds. Center on Communication
Leadership & Policy, University of Southern California.
Indian laws do not have a legal
definition of child trafficking. The Immoral traffic (Prevention) Child
Trafficking Act deals only with trafficking of minors for prostitution.
However, other laws are present which can assist in taking action against child
trafficking including the Juvenile Justice Act 2000, Andhra Pradesh Devadasi’s
(Prohibition of Dedication) Act, 1988, Bombay Prevention of Begging Act etc.
Stepping up its fight against the
scourge of human trafficking, Kailash Satyarthi Children’s Foundation is
advocating for the urgent passage of the Trafficking in Persons (Prevention,
Care and Rehabilitation) Bill, 2021, which is a comprehensive law on
trafficking in India.
The Immoral Traffic (Prevention) Act,
1956 (ITPA) is the premier legislation for prevention of trafficking for
commercial sexual exploitation.
Criminal Law (amendment) Act
2013 has come into force wherein Section 370 of the Indian Penal Code has
been substituted with Section 370 and 370A IPC which provides for comprehensive
measures to counter the menace of human trafficking including trafficking of
children for exploitation in any form including physical exploitation or any
form of sexual exploitation, slavery, servitude or forced removal of organs.
Protection of Children from Sexual
offences (POCSO) Act, 2012, which has come into effect from November 14,
2012, is a special law to protect children from sexual
abuse and exploitation. It
provides precise definitions for different forms of sexual abuse, including
penetrative and non-penetrative sexual assault, sexual harassment.
There are other specific legislations
enacted relating to trafficking in women and children Prohibition of Child
Marriage Act, 2006, Bonded Labour System (Abolition) Act, 1976, Child Labour (Prohibition and Regulation) Act, 1986, Transplantation
of Human Organs Act, 1994, apart from specific Sections in the IPC, e.g.
Sections 372 and 373 dealing with selling and buying of girls for the purpose
of prostitution.
State Governments have also enacted
specific legislations to deal with the issue. (e.g. The Punjab Prevention of
Human Smuggling Act, 2012)
[1] Bandari. Divya, PhD
Scholar, Alliance School of Law, Alliance University, Bangalore. Reach the
author at bandari.divya7@gmail.com,
Mobile
No. 9949644516.