Open Access Research Article
HUMAN TRAFFICKING IN INDIA - A BIRDS EYE VIEW
Published Paper
Article Details
HUMAN
TRAFFICKING IN INDIA-
A
BIRD'S EYE VIEW
AUTHORED BY
- AMRUTHA VARSHINI R,
SONAKSHI S
& AGNOLA BABITHA KENNETH BRIGHT
Students
Bishop
Cotton Women’s Christian Law College
Human
trafficking is a prevalent and significant method used to exploit women,
involving the illegal transportation of people for various commercial purposes.
The United Nations defines the term “human trafficking” as ‘Trafficking is an
activity leading to recruitment transportation harboring or receipt of persons
by means of threat or use of force or position of vulnerability.’
Human
trafficking is a trait of humans for the purposes of sexual slavery, commercial
sexual exploitation, forced labor, domestic servitude, forced criminality,
organ trade. There are various factors that lead to human trafficking a few of
which is faulty lack of employment opportunities, child marriage, internet
pornography. The main constitute of this crime is money. Human trafficking is a
grave crime and a serious violation of human rights sexual exploitation of
women and children. The victims of human trafficking are mostly women and
children, not only they are contingent to human trafficking also men are.
However mostly attacked and abducted are women and children. In today’s society
women are not only being worshipped but are also being abducted and exploited
in all the ways possible from gender discrimination to marital rape and human
trafficking being one of the factors.
The
earliest of human trafficking was in the African slave trade later started the
white slave trade which prevailed around the years of 1990s trading of women
from Europe to Arab and other eastern state for various purposes such as prostitution.
In India women are traded and trafficked to other countries from different
parts of the world.
This
criminal activity is an extreme human rights violation and an issue of economic
empowerment and social justice human trafficking violates the rights and
dignity of the individual in several ways it violates a person's right to life,
security, dignity, education, health and redressal of grievances. Since India
is a hotspot for human trafficking the Indian government has bought in many
anti trafficking laws and several measures have been laid down to prevent this
hideous crime. However the effects of it are questionable in nature.
Keywords:
Exploitation, Illegal, Violation, Empowerment, Justice
INTRODUCTION
Human
trafficking is a hideous crime against humanity. Women are being one of the
most prominent and vulnerable group for human trafficking. For purposes such as
commercial sexual exploitation or for individual sexual exploitation. Women and
young girls are being kidnapped, sold and are prey of slavery in most parts of
the world. India is one of the most common grounds for such offenses. Though
many human rights activists and the government claim the human trafficking is an
outrageous violation of an individual’s rights the process of punishing or
prosecuting of these traffickers close to impossible in majority of cases.
Trafficking
of women in the community is an ancient practice it dates back to the beginning
of human civilizations. Female slaves were highly valued and exploited for
sexual and non-sexual purposes. The most common reason for trafficking of women
and young girls is for commercial sexual exploitation i.e. prostitution. Their
most frequent way to traffic these vulnerable women is by promise of providing
them work facilities or studying opportunities and later smuggled to another
country or a faraway city as to not find their way back. They are tortured and
starved on days end while being abused and assaulted.
Not
only is a woman’s right to life, dignity, security are violated, their health
is compromised in the process. Various health reports have insisted that the
trafficking of women for commercial sexual exploitation causes a significantly
higher risk of health for general public especially through sexually
transmitted diseases. As women who are forced in the hideous crime do not have
access to proper contraceptives pills or condoms, hence sexually transmittance
have higher chances of spreading. The women who are victims of such crimes are
usually under the watch and control they have near to no access to any health
care thus resulting in they themselves
suffer from these illnesses.
TYPES OF HUMAN
TRAFFICKING
Human
Trafficking majorly has three main types:
1. Sex
Trafficking
2. Forced
Labor
3. Domestic
Servitude
4. Other
Types
Sex Trafficking
Sex
trafficking is the exportation of women and young girls for commercial sex that
includes pornography, sex tourism, and prostitution. It is a market based and
monetarily driven high rate criminal industry that works on the bases of demand
and supply. These victims are mainly women and children them being easy
victims. The victims of sex trafficking face severe physical injuries,
psychological trauma, sexually transmitted diseases such as HIV/AIDS.
Forced Labor
Forced
or Coerced Labor is when the trafficked women are involuntarily commanded to perform
any work or provide any services, which can be sexual in nature or any other
way against their will. This can be by any means that can be threats,
starvation, fraud and violence. The industries such as textile, construction,
mineral etc. are usually committing such offenses of forced labor and these
laborers often are paid minimal to no wage at all. Forced Labor is very much
prevailing in modern India in certain communities.
Domestic Servitude
This
is when women or children are constricted their freedom to the wills and whims
of the master to an extent of enslavement. The circumstances of domestic
servants are unfavorable and unfair in nature further their rights being
compromised. In such situations these victims do not get their basic needs
fulfilled and further these predators worsen their situations by exploiting
them and take complete control over these victims by confiscation of their
Identification documents etc.
Other Types
Forced
Criminality is where the trafficked women are forced into performing criminal
activities.
Organ
Trade is one such where the victims are trafficked for their organs or tissues
usually for transplantation that is illegal in nature.[1]
CONVENTION FOR THE
SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE EXPLOITATION OF THE
PROSTITUTION OF OTHERS[2]
In
pursuance of India’s international commitment on ratifying the convention for
the stopping of or reducing of trafficking, exploitation, prostitution of
persons the suppression of Immoral Traffic in Women’s and Girl’s Act, 1956
currently widely known as Immoral Traffic Prevention Act was enacted after a
treaty convention being signed at New York on 9th may 1950. There were few laws
existing in some states regarding the suppression of immoral traffic but they
were not uniform enough to bring a change drastically. After drastic increase
in the cases the central law was passed to not only secure uniformity but also
sufficiently disincentive for the purpose. It is impossible to deny the
importance of prevention of trafficking but somehow or the other the entire
focus of ITPA appears to be on eradicating prostitution rather than prevention
of trafficking in persons.
A STUDY ON THE
INCREASE OF HUMAN TRAFFICKING
According
to a recent report by the United Nations Office on Drugs and Crime[3],
the majority of human trafficking victims, exceeding one-third, are children,
while 71% are women. The executive officer of United Nations Office on Drugs
and Crime (UNODC)[4]
Yury Fedotov stated that the trafficking for sexual exploitation and forced
labour remains the most prominent form, they are also being used as beggars,
used in benefit of frauds, pornography, and also forced marriages.
The
UNODC,2016 Global Report[5]
separates the collected data on the basis of gender. It was discovered that
women and girls are usually trafficked for marriage and sexual slavery, wherein,
men and boys are mostly trafficked into exploitative labour, which includes
them working as labourers in mining sector, soldiers, porters, slaves.
Globally,
28% of trafficking victims are children, with higher proportions in Sub-Saharan
Africa at 62% and Central America and the Caribbean at 64%. Sixty nine
countries detected trafficking victims from Sub-Saharan Africa between 2012 and
2014.
It
was also emphasized that armed groups often engage in trafficking in their
territories of operation, trafficking women and girls into marriage or sexual
slavery and forcing men and boys to forced labour or combats.
The
reports indicate that trafficking patterns align with regular migration flows,
both converging on the same destination country for criminal activities.
Elevated rates of trafficking are often influenced by transnational organized
crime in the country of origin and the socio-economic profile of the victim. Although
human trafficking has been criminalized in 158 countries, the progress made in
the last 13 years is significant. However, as cautioned by Mr. Fedotov, the
number of trafficking victims receiving protection and services in various
countries remains insufficient. There is a plea for increased resources to
identify and support trafficking victims, along with enhancing criminal justice
responses for the successful detection, investigation, and prosecution of
cases.
PREVENTIVE MEASURES
OUTLINED BY
THE SUPREME COURT
The trafficking of teenage girls, involvement in the
“flesh trade,” brutal treatment, and the persistence of the Devadasi system and
Jogin Tradition represent a severe breach of fundamental rights as outlined in
both national and international human rights instruments dedicated to
safeguarding the well-being of women and children. Necessary steps for speedy
trail from prevention of the illegal activities and eradication of prostitution,
devadasi system and jogin tradition were focused in the case of Vishal
Jeet v. UOI[6], the
court directed both the state and central government to take speedy action
under existing laws through the law enforcing authorities, to provide adequate
rehabilitative homes to victims to re-live the normal life, to set up their
separate advisory committee Stringent regulations were established for
foreigners seeking to adopt Indian children, requiring them to comply with
licensed agencies from their own countries. The Supreme Court emphasized that
any deviation from these principles would render the adoption invalid, leading
to severe consequences as seen in the matter of Lakshmi
Kant Pandey v. UOI[7],
the Article 15 (3), 24 and 39 of Indian constitution were used as a reference
to along with the UN declaration on the rights of the child.
The
Supreme Court has utilized its exceptional writ jurisdiction powers outlined in
Article 145 and Article 142 to establish a comprehensive framework for the
rescue and rehabilitation of victims of sexual exploitation, particularly in
specific cases. One such case is Gaurav
Jain v. UOI[8],the
application under Art32 was made through PIL asking the government to make
provisions in favor of children of prostitution. The court rejected the demand
for providing school and hostels for the children of prostitutes as it was not
in the interest of such children.
Further,
in the case of Budhadev Karmakar v.
State of West Bengal [9],
a case of brutal murder of sex workers. The central and state government’s sole
responsibility is to prepare schemes that include technical/vocational training
to sex workers and sexually abused women in the country for their protection
and betterment of their lives.
INDIAN EXISITING STATUTORY
LAWS AGAINST HUMAN TRAFFICKING
Immoral Traffic Prevention Act 1956[10]
The
parliament of India passed Immoral Traffic (prevention) Act in 1956 which aims
to protect the rights and interests of women and girls, it also talks about the
penalties/punishment that are given to those offenders who shall commit the
offense of prostitution sexual exploitation/ abuse for gain of another person.
Child Labor Prohibition of Regulation
Act 1986[11]
The
government of India passed the Child Labor Prohibition of Regulations Act in
1986, to regulate laws related to child labor practice in the country. This Act
is effective/ works for the basic needs and rights of children in order to
protect their interests. This Act protects children from any kind of
exploitation and excessive interference.
In
the Landmark case of M.C Mehta v.
State of Tamil Nadu[12],
the court held that the children below the age of 14 year cannot be employed in
any hazardous industries, mines and other works.
In
the landmark case of Bandhua Mukthi
Morcha v. UOI[13],
the court directed the state of Uttar Pradesh to eliminate the carpet
industry’s use for child labour, issues welfare access to education, health and
other basic facilities.
Information Technology Act 2000[14]
The
government of India passed the Information Technology Act in the year 2000. It
is also called the IT Act. The Act was further amended in 2008 and 2018 to meet
needs and society. The Act protects the privacy of an individual, and also
provides penalty to those who create offense/ nuisance/breached data and
privacy of any other individual. It also regulates and protects the sensitive
data stored by social media and other social media intermediates. [15]
Juvenile Justice (Care of Protection of
Children) Act 2000[16]
India
enacted Juvenile Justice Act in 1986. Latter, changed the terminology for
delinquent and neglected children to ‘child in conflict with law’ and child in
need of care and protection respectively.
This
Act provides with the establishment of the Juvenile Justice Board for giving
justice to the juvenile in conflict with the law.[17]
Transplantation of Human Organs and
Tissue Act 1994[18]
The
Indian government passed the Transplantation of human organs Act in the year1994.
This Act was introduced to regulate removal, storage, transplantation of
organs. This Act mainly talks about brain death scam taking place in the
country. As per THOA 1994 talks about the punishment for any person who
violates any other provisions of the Act.
Indian Penal Code 1860[19]
The
Indian Penal Code 1860 contains provisions that cover trafficking of children
and women for sexual exploitation. Prohibition of kidnapping, selling and
buying minors into prostitution are rendered under section 366(A), section 372
and 373 respectively. The provisions regarding the trade of girls/ women are
section 366(B) and 367.[20]
Constitution of India 1950[21]
The
constitution of India 1950 renders the citizens of the country with Article 23
of the Indian Constitution talks about the prohibition and penalization of trafficking
of humans and forced labor quoted in the Landmark case of Raj Bahadur v. State of West Bengal.[22]
Article
24 of the Indian Constitution states that any child under the age of fourteen
years of age shall not work in any hazardous employment like factories or mines
to protect the women and children of the country.
Criminal Procedural Code 1973[23]
The
central government and individual states have the role/responsibility for
providing compensation to trafficking victims.
The
provisions under Criminal Procedure Code,1973 for punishments, are sections 375
and 375(A) wherein, section 375 provides fine that can be passed on to the
victims and Section 375 (A) provides state fund, which can be extended to
victims of any crime who have suffered.[24]
THE TRAFFICKING OF
PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL, 2018[25]
A
total of 8,132 cases of human trafficking were reported in India in 2016 under
the Indian Penal Code, 1860 according to national crime records bureau. There
is 15% increase from the number of cases reported in the previous years. In the year 2016, a number of 23,117 trafficking victims were rescued. Out of these, 45.5% of persons were
trafficked for forced labour, followed by 21.5% for prostitution.
India
ratified the United Nations Convention against Transnational Organised Crimes,
2000, including its Protocol to Prevent, Suppress and Punish Trafficking in
person in 2011. Being pursuant to an order of the Supreme Court, the Ministry
of Women and Child Development constituted a committee to examine the viability
of a comprehensive legislation on human trafficking.
This
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 July 18, 2018 and the bill was passed in the house within 10 days
of introducing a bill i.e. on July 26, 2018.
The Bill provides speaks about the prevention of trafficking, rescue and
rehabilitation of the trafficked persons.
There are few key features of this bill,
and they are as follows:
The
definition of trafficking goes on to be the recruitment, transportation,
harbouring, transfer, receipt of a person for exploitation by using the means
of threat, force, abduction, fraud, deception, abuse of power through
inducement where exploitation includes physical or sexual exploitation along
with slavery and forced removal of the organs from the human body.
The
purpose of trafficking as aggravated forms of trafficking is also classified
under this bill. It includes trafficking for the purpose of forced labour,
bearing children, inducing early sexual maturity by administering chemical
substances or hormones, or even begging. The punishment of simple trafficking
is much lesser if compared to that of aggravated trafficking according to this
bill.
Various
authorities at the district, state, and national levels are set up for the
purpose of investigating the offences and rescuing the trafficked persons. The
state government shall appoint anti-trafficking police officers and constitute
anti-trafficking units for one or more districts to rescue the people and
investigate the offences committed.
Whereas
at the state level, the state government shall appoint nodal officer to combat
trafficking in the state, monitor functioning of district anti-trafficking
officers, and coordinate and monitor inter-state and trans-border transfer of
victims, witnesses, evidence, and offenders. And at the national level, the
central government will build up a National Anti-Trafficking Bureau, which
shall take over investigation of cases referred to them by two or more states.
The
bill orders the central and state governments to set up protection homes and
provide shelter, food, counselling and medical services to the victims of the
trafficking. It shall also maintain rehabilitation houses in each district, to
provide rehabilitation to the victims. There must also be anti-trafficking
committees set up in all the three levels i.e. district, state, and national
levels for the victims.
The
rehabilitation of victims shall not be wholly dependent on criminal proceedings
being initiated against the accused, or the outcome of the proceedings. There
shall be Rehabilitation Fund created by the central government, which must be
used to set up Protection and Rehabilitation Homes for the victims.
Not
only there must be setting up of rehabilitation centres and investigation be
taking place but also there must be preventive measures taken by the district
and state anti-trafficking committees, it must undertake measures to protect
and prevent vulnerable people from being trafficked and used for other purposes
such as prostitution.
These
measures must include facilitating and implementation of the livelihood and
educational programmes for vulnerable communities of the societies. Also,
facilitating and implementation of various government schemes and programmes
for prevention of human trafficking, and the constant developing of law and
order framework to ensure prevention of trafficking as there are cases
increasing day by day and also many new ways and techniques being used to
trafficked humans. The Bill also directs for setting up of designated courts in
each district, which will seek to complete trial of trafficking cases within a
year or so. The Bill specifies various penalties. All offences are considered
to be cognizable and non-bailable where the police officers can arrest the
offenders without warrant. If a person is found guilty under the Bill and also
under any other law, the punishment which is higher shall be applied.
Currently,
various laws address specific forms of trafficking, such as the Immoral Traffic
(Prevention) Act, 1986, which focuses on commercial sexual exploitation, and
the Bonded Labour System (Abolition) Act, 1976[26],
dealing with bonded labor. While the proposed Bill aims to be a comprehensive
law for all trafficking cases, it retains existing laws, potentially creating a
parallel legal framework. This may lead to confusion in enforcement due to
different procedures outlined in each law. For instance, both the Immoral
Traffic (Prevention) Act and the Bill propose the establishment of Protective
Homes, raising uncertainties about the destination for victims of sexual
exploitation. Additionally, distinct laws designate special courts for hearing
offenses related to trafficking.
CONCLUSION
Trafficking
of women and its impact are unavoidable problem of the society as a whole. It
is an issue women face day in and day out. Trafficking happens in the most
civilized cities from around the world. Poverty and illiteracy are
the root cause of this social evil. Even as numerous NGOs or the
government works to eradicate this violation of human rights the result is near
to none. Even as these victims are rescued they are not provided with proper
rehabilitation and are treated as burden on the society rather than providing
them with opportunities build their future fearlessly.
Most
of these rescued women and young girls are abandoned as they are no longer
considered to be respectful people in the eyes of the parents, family and
society. Whereas they need to be the one to provide the support systems they
require at that point of time as these victims go through merciless torture and
psychological trauma/abuse. Victims of human trafficking need and have to be
provided with rehabilitation and support programs for the unimaginable pain and
losses they have suffered.
[1] Jeevan Nair, Jain, U.C. and India
(2000). The Constitution of India. Jaipur, India: Pointer.
[2] Convention for the Suppression of
the Traffic in Persons and of the Exploitation of the Prostitution of Others,1951
[4] Supra 7
[5] Global Report on Trafficking in
persons, 2016, available at: https:// www.unodc.org/documents/data-and-analysis/glotip/2016_Global_Report_on_Trafficking_in_Persons.pdf
(last visited on 25/01/24)
[6] 1990 AIR 1412, 1990 SCR (2) 861
[7] 1987 AIR 232, 1987 SCR (1) 383
[8] 1990 AIR 292 1989 SCR Supl. (2)
173 1990 SCC Supl. 709 JT 1989 (4) 315 1989 SCALE (2)1126
[9] 2007 (4) CHN 305, 2007 CriLJ 3677
[10] Immoral Traffic Prevention Act 1956, (Act 104 of 1956)
[11] Child Labor Prohibition of Regulation Act 1986, (Act 61
of 1986)
[12] AIR 1997 SUPREME COURT 699, 1996
(6) SCC 756, 1997 AIR SCW 407, 1997 LAB. I. C. 563, 1997 (1) UJ (SC) 243,
(1997) 1 JT 286 (SC), (1997) 29 ALL LR 440, 1997 (1) SCC 733, 1997 LAB LR 97,
1997 UJ(SC) 1 243, (1997) 3 GUJ LR 2306, (1998) 1 KANT LJ 582, (1997) 2 LABLJ
724, (1997) 1 LAB LN 12, (1997) 1 CURLR 198, (1997) 2 BLJ 155, (1997) 1 SUPREME
207, 1997 SCC (L&S) 49
[13] 1984 AIR 802, 1984 SCR (2) 67, AIR
1984 SUPREME COURT 802, 1984 LAB. I. C. 560, 1984 SCC (L&S) 389, (1984) 2
LAB LN 60, 1984 (3) SCC 161
[14] Information Technology Act 2000, (Act 21 of 2000)
[15] Fatima, T. (2017). Cyber Law in
India. Kluwer Law International B.V.
[16] Juvenile Justice (Care of Protection of Children) Act
2000, (Act 56 of 2000)
[17] Rathore, V. (2019). An Insight into
Indian Juvenile Justice System. Notion Press.
[18] Transplantation of Human Organs and Tissue Act 1994, (Act
102 of 1994)
[19] Indian Penal Code 1860(Act 45 of 1860)
[20] Gandhi, B.M. and India (2008).
Indian Penal Code. Lucknow: Eastern Book Co.
[21] Constitution of India 1950
[22] Raj Bahadur v. State of West
Bengal.
[23] Criminal Procedural Code 1973, (Act 2 of 1973)
[24] Abhinav Prakash, Code Of Criminal
Procedure, Delhi,2007, universal law publication
[25] The Trafficking Of Persons (Prevention, Protection And
Rehabilitation) Bill, 2018
[26] Bonded Labour System (Abolition) Act, 1976, (Act 19 of 1976)
Article Information
HUMAN TRAFFICKING IN INDIA - A BIRDS EYE VIEW
Authors: AMRUTHA VARSHINI R, SONAKSHI S, AGNOLA BABITHA KENNETH BRIGHT
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.