You are on page 1of 14

Abstract:

Human Trafficking is a complex and multidimensional phenomenon and requires


multidisciplinary approach. Any analysis of the root causes of human
trafficking must take into account factors that are specific to India, its socio-economic
conditions and its Poverty levels Human trafficking is a violation of human rights and
any strategy to eliminate trafficking should be framed within a human-rights perspective by
placing the victim at the centre. A focus that is primarily directed to the prosecution of
traffickers has the potential to ignore or minimize the human rights of those who have been
trafficked by failing to adequately protect the trafficked women. The key feature of the
present research lies in its study not only of the affected women but also of the courts, police
stations and complaints/FIRs regarding related crimes. For easy translation of the
recommendations, the concerns have been concretized into formulating policies and
programmes. No other report has so extensively in such a comprehensive manner made
recommendations for protection, prevention and prosecution simultaneously and also
suggested amendments in the Immoral Trafficking (Prevention) Act.1956 Human trafficking
is a booming international trade, making billions of dollars at the expense of millions of
victims, many of them are young girls and children, who are robbed of their dignity and
freedom. Although most of us have never witnessed this crime, it happens every day all
around the world. Criminals profit while satisfying consumer demand. Victims are coerced to
do what others would never freely do and they are paid virtually nothing for their pains. In a
perverse commercialization of humanity, they are used like products and then thrown away.
Gender discrimination further aggravates human trafficking. The objectives of this research
paper is to understand the problem and perspective of Human Trafficking, and attempt to
analyze It's Impact on Society, Preventive Measures, Legal Aspects for Human Trafficking in
India, Role of Judiciary and also awareness.

INTRODUCTION-
Human Trafficking is an umbrella term that is, problematically, often reduced to mean
prostitution. Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons defines Trafficking in Persons 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. Exploitation
shall include, at a minimum, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or practices similar to slavery,
servitude or the removal of organs.

Human trafficking is the third largest organized crime after drugs and the arms trade across
the globe. According to the definition of the United Nations trafficking is any activity
leading to recruitment, transportation, harbouring or receipt of persons, by means of threat or
use of force or a position of vulnerability. Close to 80% of the human trafficking across the
world is done for sexual exploitation and the rest is for bonded labor and India is considered
as the hub of this crime in Asia. As per the statistics of the government in every eight
minutes a child goes missing in our country. In 2011 about 35,000 children were reported
missing and more than 11,000 out of these were from West Bengal. Further, it is assumed
that only 30% of the total cases are reported, so the actual number is pretty high.

Human trafficking as defined by the UN-


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. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of sexual exploitation,
forced labour or service, slavery or practices similar to slavery, servitude or the removal of
organs. It is a really sad situation which India is facing. In almost every city there are certain
parts filled with brothels. Human trafficking includes sexual exploitation, labour trafficking,
etc. Nowadays even cross-border human trafficking is prevalent. India has a huge population
and because of that and our
dwindling economy many people live below the poverty line. The smugglers and traffickers
promise them a better life- a ray of hope, jobs as domestic servants, in the film world or in
factories. They can offer them money, pleasure trip invitations or false promises of marriage.
The main targets are the people who lack job opportunities, who have been victim to regional
imbalances or social discrimination, mentally disturbed, or the people who have growing
deprivation and are from the marginalized communities or people caught in debt bondages or
because their parents think that their children are burden and sell them off in simple words-
the poor, helpless people are the ones who are exploited the most. It has now become an
organized institution and we as youth have to do everything to remove this social vice from
our country because the deliberate institutionalized trafficking of human life is the greatest
degradation to the dignity of human personality. Human trafficking happens because of a
simple concept which the traffickers believe in- that the human body is a expendable,
reusable commodity. Several things happen during a human being sale from selecting,
tricking, intimidation and deception of the victim to the transportation of them to the
location. Then comes the possible change to the central place where the actual trafficking
takes place in large numbers, there are many elements involved. The recruiters are the first in
the chain often called as the dalals they may be parents, neighbours, relatives or lovers
or people who have been trafficked before. The dalals move to the potential sites for
victims which mostly are the poverty-stricken areas where there has been no proper
rehabilitation and then they haunt the bus stops, railway stations, streets, etc. The period they
choose for trafficking depends on if that place has suffered a drought or social or political
disasters recently, so that it would be easier to lure in the already suffering victims.
The dalals use drugs, abduction, kidnapping, persuasion or deception to bag the targets. The
dalals usually happen to know many languages, including the local one, so that they become
closer to the victim. Because in India corruption is so deep rooted, the network of such people
sometimes includes the police, the visa/passport officials, taxi/auto rickshaw drivers, etc.
They hand the victims to the brothel owners, escort services, or managers of a sex
establishment. The reasons for human trafficking are many, despite 60 years of
independence, the benefits of economic development have not trickled down to the
marginalized sections of the society and millions of people still live below the poverty line.
The poverty and hunger makes children and women belonging to the poor sections of the
society highly vulnerable to human trafficking. Social and religious practices too have been a
big cause. There is an inexplicable apathy in the approach of law enforcement agencies when
it comes to dealing with human trafficking. Purposes include, marriage, domestic labour,
bonded labour, agricultural labour, industrial labour, entertainment, begging, adoption, drug
smuggling and peddling and organ transplants. As India
sees towards the world, it leaves behind the scars on its ground the poor who are exploited.
We can take help of the media-spread awareness. The government, in association with the
NGO's, is taking steps to improve the situation but this much is NOT enough. We as
youngsters should stop this. Even little things like helping out the malnourished, poor or
treating the house maids properly can make a difference because they form the major causes
for human trafficking. Multinational enterprises that enter the Indian economy can lead by
example. They can refuse to do business with companies that knowingly engage in the
inhumane practices of employing bonded laborers. The Indian government has laid down
laws in the Constitution like the Suppression of Immoral Traffic in Women and Girls Act,
1956, The Immoral Traffic (Prevention) Act, and many others. In September 2006, the Indian
government responded to the trafficking issue by creating a central anti trafficking law
enforcement nodal cell. The nodal cell is a federal two-person department responsible for
collecting and performing analysis of data related to trafficking, identifying the causes of the
problem, monitoring action taken by state governments, and holding meetings with state-
level law enforcement. In 2007, three state governments established anti-trafficking police
units, the first of this kind in the India. The emerging scenarios are certainly positive but
displaying full-page advertisements against child labour, women slaves, etc in national
newspapers at periodic intervals is not enough. We have to wake up before it's too late. We
can take up community surveillances which will help check ongoing trafficking
activities. Establishing women's groups which will help take care of the women in the
underprivileged societies since women and girls are the most affected victims. We as the
youth can take up initiatives to spread awareness programs in villages, local schools, among
kids of the poor society and children suffering from parents and poor conditions where help
can be provided. Another initiative which can be taken up is the involvement of the trafficked
victims and helping them tell their story so that this kind of inhuman treatment doesn't
happen to others. Human trafficking lowers the value of human life; it brutalizes the society
and violates our belief in the human capacity for a change. So let's work for a better future for
our country and CHANGE- something that India only talks about, let's turn it into reality.
CAUSES-

There are many factors which contribute to human trafficking in India. They include:

POVERTY: More than 42% of the Indian people are economically deprived. Most of
these people live in poor villages. Some parents, though obviously not most, feel
compelled to send their children to work in order to ease their poverty. In Indian
culture, parents generally value their sons over their daughters. One of the main
reasons for this, according to Indian culture, is that sons are the ones who will carry
on the family name. Girls are more expensive because of the dowry system.
Whenever parents get the opportunity to send their daughters for child labor, many are
willing to so. Most of them end up in brothels or some kind of sexual slavery in India.
Lack of Education: Many Indian villages do not have schools. The schools that do
exist are in very poor condition. Teachers lack incentive to work in the villages
because of the poor salaries offered, inadequate work environments, and
transportation issues. As a result, most of the children have little to no education. This
creates an environment ripe for traffickers to make false promises to parents, luring
them to send their girls away for a chance at better education, domestic work, and
other good opportunities that would otherwise be unattainable in their lifetimes.
Caste System : India still functions with the caste system. The lower castes, which
contain the majority of the population, have less opportunity for advancement than
those in the higher castes. The lower castes are vulnerable to all kinds of exploitation
in Indian society. The upper castes intimidate, manipulate, and coerce lower caste
girls for sexual pleasure.
Gender -related Differences : In Indian culture, boys are preferred over girls. This
preference is apparent even at conception, since many girls are aborted when their sex
is learned. The use of ultrasounds to detect the babys gender is extremely prevalent
in India today. Women undergo ultrasounds to determine the sex of their unborn
babies in order to decide whether or not to abort. Doctors offer scanning and abortion
for Rs. 3600 (approximately $80.00) if it is a girl. Doctors make more money aborting
girls than they do taking care of their other patients. Experts estimate that this
business can earn them between $100,000 and $200,000 a year. As a result of the bias
against females, there is a discrepancy in the boy-girl ratio in India. For every 1000
boys, there are only 880 girls. Girls are sometimes trafficked as housemaids so that
the boys in a house can have a common girl within the house. After a couple of
years, she will be sold into the brothels, and the family gets another girl for the boys.
This is a trend that occurs mainly in the northern part of India.
City Life Dreams : For the village people, the city represents a dream of a better life.
When traffickers offer their daughters a job in the city, the villagers hope that one day
the rest of the family can move to the city.
Poor awareness of Human Trafficking and Brothel Life : The village people are
illiterate. A trafficker, through persuasive promises, can easily mislead them. Most of
the people are unaware of human trafficking and its connection to prostitution that
takes place in brothels and other places in major cities.
Dysfunctional Families : Mental, physical, and emotional abuse of children is very
common in the villages and throughout Indian society. This abuse, as well as family
poverty and neglect, often compel children to leave their homes. Most of them end up
in the hands of traffickers.
Devadasi Tradition: The devadasi system is still prevalent in some states in India,
particularly in the south, including in Karnataka, Tamil Nadu, Andhra Pradesh, and
Maharashtra. Daughters are dedicated to the Lord Shiva when they are very young for
temple service. These young women are known as temple dancers. In the southern
part of India, families offer their daughters to the goddess Yellamma. People believe
that by doing so, they will bring prosperity and good luck in their lives. Once a girl is
dedicated to the temple, the parents consider their daughter to be dead. These girls
live inside the temple and become the slave of the lord. In the physical sense, the lord
is the priest. Sexual abuse takes place by the priest, family members, and those who
visit the temple. This sexual abuse takes place as early as eight years of age. After a
couple of years of service to the temple, trafficking brokers take the girls to brothels
and sell them. The brokers offer good money and opportunity in big cities. These
young people are brainwashed by their parents and society to believe that this is their
lot in life and there is no other way they can live. Many young people come into
slavery through the devadasi system.
Bedia Tribe : The Bedia believe that they are born as sex workers. They are primarily
located in Madhya Pradesh but are also in Rajasthan and parts of Uttar Pradesh. The
Bedia train their girls at a young age to be prostitutes, sometimes as early as 8-years-
old. They expect all girls to become prostitutes. Fathers, sons, and other relatives find
customers for their daughters. They have done this for generations. They also sell
their daughters to the brothels to make money. When a Bedia girl is married at a
young age, her husband finds customers for his wife. If he wants to make more
money, he sells her to the brothel. Besides clubs, massage parlors, and sex racketing
ring facilities, the main two prostitution centers are brothel-based and family-based.
Corruption in India : Corruption is widespread and has seeped into the political
system, thus contributing to poverty, human trafficking, democracy debasement,
inequality in wealth distribution, social injustice, and the widespread giving and
taking of bribes. According to a Transparency International (TI ) report on global
corruption, India has fallen to 74th place on the list of 180 nations evaluated.
Widespread unemployment, the desire to make a quick profit with little effort, and the
broad existence of gangs create an atmosphere conducive for trafficking in persons to
thrive.
Political Instability : In the last several years, political instability in the country has
contributed to lawlessness and an inability of the government to contain the criminal
activities that have resulted. In order to maintain stability, political parties have been
forced to placate one another with favors and concessions which allow for extensive
cover ups that often go unnoticed within society. The police are often not
independent entities in India. Instead, each states force is managed by a political
leader who controls their daily activities. As a result, the police are drawn into the
corruption of the political system.
Lack of Legal Convictions against the Traffickers : The Indian court system is
congested due to an increasingly crowded docket. The heightened crime rate in Indian
society has proven too much for the current judicial system to handle. Corruption has
also crept into the judicial system. The writs of petition that come to the high court of
India will often take eight to ten years to be heard.
High Market Demand for Minor Girls : Worldwide there is a high demand for minor
girls in the sex trade. India is no different. Minor girls are easy targets for
exploitation. They are afraid to speak out about the crimes that are committed against
them, and they typically remain very obedient to the customers. Foreign tourists
prefer minor girls for both their youthful appearances and their submissiveness to
them. Young girls are very desirable for both brothel owners and customers.

EXPANSION-

Human trafficking in general has expanded to almost every state in the country. Tamil Nadu
leads with 9,701 cases over the past ten years, followed by Andhra Pradesh (5,861),
Karnataka (5,443), West Bengal (4,190) and Maharashtra (3,628).

These five states are high source as well as destination areas, trafficking women and young
girls to red-light areas; they comprise 70% of all reported cases of human trafficking over the
past ten years.However, cases in Tamil Nadu appear to be declining, while West Bengal is
reporting a rise. Tamil Nadu has reported trafficking of young women and children to the red-
light areas of Mumbai and Delhi. Raids by police in Tamil Nadu have also revealed the
expanding operations of transnational traffickers. According to a recent survey women are
bought and sold with impunity and trafficked at will to other countries from different parts of
India. These girls and women are sourced from Dindigal, Madurai, Tiruchirapalli, and
Chengalpattu in TamilNadu, Gaya, Kishanganj, Patna, Katihar, Purnea, Araria and
Madhubani from Bihar, Murshidabad and 24 Parganas in West Bengal, Maharajgunj from
UP, Dholpur, Alwar, Tonk from Rajasthan, Mangalore, and Gulbarga and Raichur from
Karnataka. These women and girls are supplied to Thailand, Kenya, South Africa and Middle
East countries like Bahrin, Dubai, Oman, Britain, South Korea and Philippines. They are
forced to work as sex workers undergoing severe exploitation and abuse. These women are
the most vulnerable group in contracting HIV infection. Due to unrelenting poverty and lack
of unemployment opportunities there is an increase in the voluntary entry of women into sex
work. Trafficking both for commercial sexual exploitation and for non-sex based exploitation
is a transnational and complex challenge as it is an organized criminal activity, an extreme
form of human rights violation and an issue of economic empowerment and social justice.
The trafficking of women and children causes untold miseries as it violates the rights and
dignity of the individual in several ways. It violates the individual's rights to life, dignity,
security, privacy, health, education and redressal of grievances.
PREVENTION-

CONSTITUTIONAL & LEGISLATIVE PROVISIONS RELATED TO


TRAFFICKING IN INDIA-

Trafficking in Human Beings or Persons is prohibited under the Constitution of India


under Article 23 (1)
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
provide 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 the forced
removal of organs.
Protection of Children from Sexual offences (POCSO) Act, 2012, which has come
into effect from 14th November, 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)

MEASURES TAKEN BY GOVERNMENT OF INDIA TO PREVENT AND COMBAT


HUMAN TRAFFICKING-

With a view to tackle the menace of human trafficking, Ministry of Home Affairs,
Government of India has undertaken a number of measures such as:

Administrative measures and interventions

Anti Trafficking Cell (ATC): Anti-Trafficking Nodal Cell was set up in the Ministry of Home
Affairs (MHA) (CS Division in 2006 to act as a focal point for communicating various
decisions and follow up on action taken by the State Governments to combat the crime of
Human Trafficking. MHA conducts coordination meetings with the Nodal Officers of Anti
Human Trafficking Units nominated in all States/UTs periodically.

Advisories: To improve the effectiveness in tackling the crime of human trafficking and to
increase the responsiveness of the law enforcement machinery, MHA has issued following
comprehensive advisories to all States/UTs:

Advisory for preventing crime of human trafficking date 9.9.2009.


Advisory on crime against children dated 14th July, 2010.
Advisory on missing children dated 31st January, 2012.
Advisory on Preventing and Combating cyber crime against children dated 4.1.2012.
Advisory on Human Trafficking as Organised Crime dated 30th April, 2012.
Advisory on Preventing and combating human trafficking in India-dealing with
foreign nationals dated 1.5.2012.
SOP to handle trafficking of children for child labour dated 12.8.2013.
Advisory on MHA Web Portal on Anti Human Trafficking dated 5.5.2014.
Advisory dated 23.7.2015 for associating SSB and BSF in crime meetings.

These advisories/SOP are available on MHA's Web Portal on Anti Human Trafficking at
www.stophumantrafficking-mha.nic.in

Ministry of Home Affairs' scheme : Ministry of Home Affairs under a Comprehensive


Scheme Strengthening law enforcement response in India against Trafficking in Persons
through Training and Capacity Building, has released fund for establishment of Anti Human
Trafficking Units for 270 districts of the country.

Strengthening the capacity building: To enhance the capacity building of law enforcement
agencies and generate awareness among them, various Training of Trainers (TOT) workshops
on Combating Trafficking in Human Beings for Police officers and for Prosecutors at
Regional level, State level and District level were held throughout the country.

Judicial Colloquium: In order to train and sensitize the trial court judicial officers, Judicial
Colloquium on human trafficking are held at the High court level. The aim is to sensitize the
judicial officers about the various issues concerning human trafficking and to ensure speedy
court process. So far, eleven Judicial Colloquiums have been held at Chandigarh, Delhi,
Himachal Pradesh, Maharashtra, Chhattisgarh, Tamil Nadu, Andhra Pradesh, Bihar, Uttar
Pradesh, Jharkhand and Odisha.

How has India implemented International Conventions on Trafficking?

UN Convention: India has ratified the United Nations Convention on Transnational


Organised Crime (UNCTOC) which has as one of its Protocols Prevention, Suppression and
Punishment of Trafficking in Persons, particularly Women and Children. Various actions
have been taken to implement the convention and as per Protocol, Criminal Law
Amendment Act, 2013 has been enacted wherein human trafficking has specifically been
defined.

SAARC Convention: India has ratified the SAARC Convention on Preventing and
Combating Trafficking in Women and Children for Prostitution. A Regional Task Force was
constituted to implement the SAARC Convention. Five meetings of Regional Task Force
have been held so far. Fifth meeting was held at Paro, Bhutan from 11-12 April, 2013. As
offered in Fifth Meeting, a study tour for SAARC Member countries was conducted from 18-
22 November, 2013 to learn from the experiences of the Anti Human Trafficking Units
(AHTUs) established in various districts of the country. Representatives of Sri Lanka, Bhutan
and Afghanistan participated in the study tour.

Bilateral mechanism : For dealing with cross border trafficking and to address the various
issues relating to prevention of Trafficking, victim identification and repatriation and make
the process speedy and victim-friendly between India and Bangladesh, a Task Force of India
and Bangladesh was constituted. So far five meetings of Task force between India and
Bangladesh have been held. Fifth meeting was held on 17-18 August, 2015 at Dhaka,
Bangladesh.

A Memorandum of Understanding (MoU) between India and Bangladesh on Bi-lateral


Cooperation for Prevention of Human Trafficking in Women and Children, Rescue,
Recovery, Repatriation and Re-integration of Victims of Trafficking was signed in June,
2015.

An anti-trafficking nodal cell has been set up under the Ministry of Home Affairs, in addition
to Anti-Human Trafficking Units, which will be located in 335 vulnerable police districts;
225 such units are up and running.

The central government released Rs 2.65 crore in 2014 to Arunachal Pradesh, Gujarat,
Haryana, Kerala, Nagaland, Odisha, Uttar Pradesh and Uttarakhand for anti-trafficking units.

The Home Ministry has also launched a web portal on anti-human trafficking, and the
Ministry of Women and Child Development is implementing Ujjawala, a programme that
focuses on rescue, rehabilitation and repatriation of victims.

The Central Bureau of Investigation (CBI) of India has also set up a 24*7 helpline number
011 2436 8638 which has been exclusively created for complaints regarding illegal human
trafficking especially trafficking of women and children.

The UN's Protocol contains a number of provisions aimed at preventing trafficking. State
parties are required to establish policies, programmes and other measures aimed at preventing
trafficking and protecting trafficked persons from re-victimization. The existence of
vulnerable situations of inequality and injustice coupled with the exploitation of the victim's
circumstances by the traffickers and others cause untold harm to the trafficked victim who
faces a multiplicity of rights violations.
Therefore policies, programmes and strategies that address prevention have to be unique with
a focus on and an orientation towards all these issues. Accordingly the prevention of
trafficking needs to be addressed not only in relation to the source areas but also in the
demand areas the transit points and the trafficking routes. Strategies in all these areas have to
be oriented towards the specific characteristics of the situation and the target groups.

The best method of prevention is its integration it with prosecution and protection.
Prosecution includes several tasks like the identification of the traffickers bringing
them to the book, confiscating their illegal assets. Protection of the trafficked victim
includes all steps towards the redressal of their grievances thus helping the victim
survive, rehabilitate and establish herself/himself. Thus prosecution and protection
contribute to prevention.
The strategies should address the issues of livelihood options and opportunities by
focusing on efforts to eradicate poverty, illiteracy etc.There should be special
packages for women and children in those communities where entry into CSE may be
perceived as the only available option. Education and other services should be
oriented towards capacity building and the consequent empowerment of vulnerable
groups.
Gender discrimination and patriarchal mindset are important constituents and
catalysts of the vulnerability of women and girl children. This manifests itself in
several serious violations of women's rights such as high incidence of female foeticide
and infanticide and the discrimination against women in healthcare, education and
employment. Since these are vulnerability factors that trigger trafficking prevention
strategies need to be oriented accordingly.
Natural calamities and manmade disturbances do exacerbate the vulnerability
situation. Therefore relief and aftercare programmes need to have specific
components focused on the rights of women and children.
At the micro level the prevention of trafficking in the source areas requires a working
partnership between the police and NGOs.Public awareness campaigns and
community participation are key to prevention programmes.Prevention is best
achieved by community policing.
Political will is an essential requirement to combat trafficking.
Creating legal awareness is one of the most important functions of any social action
programme because without legal awareness it is not possible to promote any real
social activism. Legal awareness empowers people by making them aware of their
rights, and can work towards strengthening them to develop zero tolerance towards
abuse and exploitation.
Immigration officials at the borders need to be sensitized so that they can network
with the police as well as with NGOs working on preventing trafficking.
Help lines and help booths are very important for providing timely help to any person
in distress. The Ministry of Social Justice and Empowerment is considering
collaboration between government agencies and NGOs for setting up help lines and
help booths that can provide timely assistance to child victims. It will be appropriate
if the Child lines all over India, NGOs working on child rights, missing person
bureaus and police help lines are linked together as a formidable tool against
trafficking.

Under the Immoral Trafficking Prevention Act (ITPA) trafficking for commercial sexual
exploitation is penalized. The punishment ranges from seven years to life imprisonment. The
Bonded Labor Abolition Act, the Child Labor Act, and the Juvenile Justice Act prohibit the
bonded and forced labor in India.

Because of the brutal gang rape of December 2012, government has passed a bill in which
laws related to sexual violence and making sex trafficking have been amended. But still there
is a huge gap between enactment and enforcement of these laws. Because of widespread
corruption and bride, it is easy for agents for bring these young boys and girls for their profit.
But there should be strict disciplinary action against everybody involved in such a crime then
only this problem can be addressed.

Also better education and other facilities should be provided at native places so that parents
do not opt these ways for their kids. Above all attitude towards women and young girls must
change.

It is easier to detect cases of oppression and exploitation in familiar neighbourhoods.


However, we can also contact these helpline numbers in the event of observing suspicious
activities involving children and women outside our neighbourhood for instance, on
noticing a grievously injured child begging on the streets, or in trains, if we chance upon a
group of girls, women or children with tell-tale signs of anxiety, fear or assault.

These instances are usually not easy to detect and also not easily verifiable. Hence, despite
the high frequency of occurrence, the number of cases reported remains extremely low.

Protection-

India's efforts to protect victims of trafficking varies from state to state, but remains
inadequate in many places. Victims of bonded labor are entitled to 10,000 ($185) from the
central government for rehabilitation, but this programme is unevenly executed across the
country. Government authorities do not proactively identify and rescue bonded labourers, so
few victims receive this assistance. Although children trafficked for forced labour may be
housed in government shelters and are entitled to 20,000 ($370), the quality of many of these
homes remains poor and the disbursement of rehabilitation funds is sporadic.Some
states provide services to victims of bonded labour, but Non Governmental Organisations
provide the majority of protection services to these victims. The central government does not
provide protection services to Indian victims trafficked abroad for forced labor or commercial
sexual exploitation. Indian diplomatic missions in destination countries may offer temporary
shelter to nationals who have been trafficked; once repatriated, hoever, neither the central
government nor most state governments offer any medical, psychological, legal, or
reintegration assistance for these victims. Section 8 of the ITPA permits the arrest of women
in prostitution. Although statistics on arrests under Section 8 are not kept, the government
and some NGOs report that, through sensitisation and training, police officers no longer use
this provision of the law; it is unclear whether arrests of women in prostitution under Section
8 have actually decreased. Because most law enforcement authorities lack formal procedures
to identify trafficking victims among women arrested for prostitution; some victims may be
arrested and punished for acts committed as a result of being trafficked. Some foreign victims
trafficked to India are not subject to removal. Those who are subject to removal are not
offered legal alternatives to removal to countries in which they may face hardship or
retribution. NGOs report that some Bengali victims of commercial sexual exploitation are
pushed back across the border without protection services. The government also does not
repatriate Nepali victims; NGOs primarily perform this function. Many victims decline to
testify against their traffickers due to the length of proceedings and fear of retribution by
traffickers. Ministry of Labour and Employment displays full-page advertisements against
child labour in national newspapers at periodic intervals. The government has also instituted
pre-departure information sessions for domestic workers migrating abroad on the risks of
exploitation. These measures include distinguishing between 'Emigration Check Required'
(ECR) and 'Emigration Check Not Required' (ECNR) passports. ECR passport holders must
prove to government authorities that they shall not be exploited when travelling abroad, if
they wish to do so. Most[which?] of the Indian workers pay large sums[quantify] of money to
agents who facilitate their emigration outside the official channels and willingly emigrate
despite being aware of the conditions prevailing in those destinations. This is because of the
fact that most of the destinations abroad pay better sums of money. Therefore, a dream of
better future ahead often lures the people abroad and hence trafficking cannot entirely be
prevented. India ratified the 2000 UN TIP Protocol 2011. In 2014 the Government of India
launched a web-portal on Anti Human Trafficking Portal . The web portal is expected to
serve as a vital IT tool for sharing of information across all stakeholders, States/UTs and civil
society organizations for effective implementation of Anti Human Trafficking Measures.

SUGGESTION-

Raise awarenessinform the world of this crime and mobilize people to stop it
Strengthen preventionwarn vulnerable groups and alleviate the factors that make people
Vulnerable to trafficking, such as poverty, underdevelopment and lack of opportunity
Enrich knowledgeDeepen understanding of the scope and nature of human trafficking
through more data collection and analysis, joint research initiatives and the creation of an
evidence-based report on global trafficking trends Empowering womenimproving maternal
health, combating HIV/AIDS, eradicating poverty, Improving education and developing a
global partnership for development Knowing the facts about human trafficking Raising
awareness of human trafficking Having knowledge regarding state laws Having knowledge
regarding health care professionals, social services professionals and law enforcement
professionals,Keep learning about trafficking, its victims and its survivor.

CONCLUSION-

Human Trafficking in India is a more widespread phenomenon than generally acknowledged


and awareness must be raised in order to combat this crime and punish the perpetrators.
Women empowerment and reducing of female trafficking are impossible with the lack of
proper health, education, nutrition and nourishment and security of the female in the society.
Education is crucial in halting the flow of women, children and men into forced bondage. It is
through education that we can elicit the most direct influence in the fight against human
trafficking. However, prevention through public awareness and education of professionals is
not enough to Combat human trafficking. Interventions by competent social work
practitioners need to include not only case management and advocacy skills, but also an
understanding of the ecological Perspective in assessment and treatment techniques to work
with the multidimensional and Comprehensive needs of the survivor.

REFERENCES-

http://www.mapsofindia.com/my-india/society/human-trafficking-in-
india-must-end
http://www.azadindia.org/social-issues/WomenTrafficking-in-India.html
http://www.jaagore.com/current-issues/human-trafficking-in-india-and-
the-invisible-victims
http://www.chakreview.com/social-issues/Human-Trafficking-in-India
http://researchdirection.org/UploadArticle/153.pdf
http://www.agaperesearchfoundation.org/arf2013/causes-of-human-
trafficking-in-india/
http://www.carnegiecouncil.org/publications/articles_papers_reports/014
9
http://www.directessays.com/viewpaper/201394.html
https://bebopper76.wordpress.com/2011/08/30/sex-trafficking-research-
essay-papers/
"India". Trafficking in Persons Report 2008. U.S. Department of State
(June 4, 2008).
"Launching of Web Portal on Anti Human Trafficking" (Press release).
PIB. 20 February 2014. Retrieved 21 February 2014
"TIP Protocol Ratified status". UN.

You might also like