CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

Assignment on :Trafficking of persons

Submitted to : Prof. P. K. Mishra

Submitted by:
Name: Manasi Kumari

Enrollment No. : CUSB1613125027

Subject: Criminal Law

Semester: 3rd
 ACKNOWLEDGEMENT

In performing my assignment, I had to take the help and

guideline of some respected persons, who deserve my
greatest gratitude .In addition, a thank you to Professor of
my Criminal Law paper Prof. P. K. Mishra , who
introduced me to the Methodology of work, and whose
passion for the “underlying structures” had lasting effect.

I would also like to expand my deepest gratitude to all those

who have directly and indirectly guided me in writing this
assignment.

Many people, especially my classmates have made valuable

comment suggestions on this proposal which gave me an
inspiration to improve my assignment. I thank all the
people for their help directly and indirectly to complete my
assignment.

- Manasi Kumari

2|Page
TABLE OF CONTENT

TOPIC page
no.

1. Introduction 4
2. Origin of human trafficking 5
3. Types of human trafficking 6
4. Legal Provision related to human trafficking 7
5. Cases related to human trafficking 8
6. Conclusion 11
7. Bibliography 12

3|Page
 INTRODUCTION

Human trafficking is a present-day enslavement involving the use of force, fraud, or coercion
for obtaining some type of labor or commercial sex act.Each year, millions of person from
different sections of the society like men , women, and children are trafficked in almost every
countries around the world,which includes the developed countries like United States of
America . It is estimated this profession of human trafficking generates a lot of profit
estimating billions of dollar every year.Human trafficking is considered as a hidden crime
because the victims of this crimes oftenly comes forward to seek aid because of many
barriers like language problem , fear of the traffickers, and / or fear of law
enforcement.Traffickers use force, fraud, or coercion to tempt and persuade their victims to
get indulge intoindulge any kind of labor or commercial sexual exploitation. They are always
in the search of the ones who are as green as grass for a variety of reasons, including
psychological or emotional vulnerability, economic hardship, lack of a social safety net,
natural disasters, or political instability. The agony caused by the traffickers can be so great
that many may not identify themselves as victims or ask for help, even in highly public
settings.Several myths and misconceptions exist. Recognizing key indicators of human
trafficking is the first step in identifying victims and can aid them to save their life. Not all
indicators listed are present in every human trafficking situation, and the presence or absence
of any of the indicators is not necessarily proof of human trafficking.

The security of the society as well as the victim is of utmost importance, so no one should
take an attempt to have a crack at a suspected trafficker directly cause it alerts a alert that
particular victim to any suspicions. It is up to law enforcement to investigate suspected cases
of human trafficking.

4|Page
ORIGIN OF TRAFFICKING

Human traffickers generally originates the multinational routes for transporting these
migrants who are driven by inimical living conditions to search the services of a smuggler.
Human trafficking usually gets started in the origin countries—namely, Southeast Asia,
eastern Europe, and sub-Saharan Africa—where the recruiters seeks for the migrants through
different mediums like the social media , internet, employment agencies, the media, and local
contacts. Middlemen,who recruits individuals from different origin country usually , shares
the same social and cultural background of those migrating. Migrants generally consider this
service offered to them by a smuggler as an opportunity to come up from impoverished
conditions of their home countries to more stable and developed environments.

As such circumstances make it difficult for victims to get legitimate traveling documents,
smugglers supply fraudulent passports or visas and suggest them to avoid the detection by
border-control agents. Transporters, in turn, sustain the migration process through various
modes of transportation: land, air, and sea. Although victims often give their consent for
leaving their home country, majority among them are unaware of the original reason for their
recruitment . Some are kidnapped or coerced, whereas some are fascinated by the offers of
false job opportunities. Transporters involved in the offence of trafficking gets compensated
only in the case when they fulfill their job of sending migrants to the responsible party in
the destination country. Immigration documents,after reaching the destinational country are
seized by the traffickers imatarial of the fact whether it is legitimate or fraudulent and the
immigrants are often subjected to the both physical and sexual abuses, and many are forced
into labour or the sex trade.

The cause of human trafficking stems from adverse circumstances in origin countries,
including religious persecution, political dissension, lack of employment opportunities,
poverty, wars, and natural disasters. Another causal factor is globalization, which has
catapulted developing countries into the world’s market, increasing the standard of living and
contributing to the overall growth of the global economy. Unfortunately, globalization is a
double-edged sword in that it has shaped the world’s market for the transportation of illegal
migrants, affording criminal organizations the ability to expand their networks and create
transnational routes that facilitate the transporting of migrants. The U.S. Department of State
adds that the HIV/AIDS epidemic has generated a large number of orphans and child-headed

5|Page
households, especially in sub-Saharan Africa, a situation that creates fertile soil for
trafficking and servitude.

TYPES OF TRAFFICKING
Human trafficking is the most prevailing crime of todays era , there are certain reasons for its
existence along with its certain types . There are different types of trafficking prevailing in
todays society depending on its way , the work , the section of society involved , like sex
trafficking, child trafficking , women trafficking etc. , some of them are discussed below.

Sex trafficking excessively affects women , children and different members of society and by
involving their forced participation in commercial sex acts. In the United States, any
particular child under 18 years of age involved in any commercial sex act is considered as a
trafficking victim. Women and girls collectively make up 80% of the people trafficked
internationally . Approximately , traffickers exploit 1 million children are exploited every
year in the commercial sex trade.

Perceptions of human trafficking often involve women forced into prostitution. This is just
one aspect of human trafficking. Survivors of trafficking also include men and children, and
these survivors are exploited by any number of means. Victims may be forced into any of the
following types of labor, among others:1

• domestic servitude

• agricultural work

• manufacturing

• janitorial services

• hotel services

• construction

• health and elder care

• hair and nail salons

• prostitution

• strip club dancing

1
Sf-hrc.org/what-human-trafficking

6|Page
Some survivors are “mail-order” brides who believe they are going to a new country for
marriage, but instead are enslaved. All nationalities and ethnic groups are vulnerable to
human trafficking. Any given country may be a source of forced labor, a place of transit, or a
destination. 2

LEGAL PROVISIONS RELATING TO

HUMAN TRAFFICKING
Constitutional Provision
Article 23. Prohibition of traffic in human beings and forced labour

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in accordance with
law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.3

Other Legislative Provision

 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

2
Ibid 1
3
Bare Act , Indian Constitution, 1950.

7|Page
 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)4

CASE LAWS RELATED TO HUMAN

TRAFFICKING

1. Mr.Gopal Kansara vs Ministry Of Home Affairs on 8 March, 2011

2. The appellant through his RTI-request dated 9.12.2009 addressed to Ministry of Home
Affairs had sought information on ten RTI-queries, pertaining to sex workers and combating
human trafficking in women in India during the Commonwealth Games in 2010. Dr. (Smt)
Praveen Kumari Singh, Director (SR) & CPIO, MHA vide O.M. No. 240113/01/ 2008-ATC
dated 7.1.2010 transferred appellant's RTI-request dated 24.12.2009 to CPIOs, Ministry of
Health & Family Welfare on Points No. 2 and 8, Ministry of External Affairs on Points No.
4,9 and 10 and Ministry of Women & Child Development on Points No. 3,5,6,7 & 8.

3. The CPIO, MHA vide letter No. 24013/1/2008-ATC dated 12.3.2010 replied to the
appellant on Points No. 1, 6 and 10 along with "Advisory on Preventing and Combating
Human Trafficking in India" issued by MHA vide O.M. No. 15011/6/2009-ATC CPIO,
Ministry of Women & Child Development replied vide letter No. 10-1-2010-CP dated
17.3.2010 has forwarded appellant's RTI- request to all State Secretaries of State
Governments. CPIO, Ministry of Health & Family Welfare vide letter No. 19014/32/2008-
NACO (TI) dated 5.3.2010 replied to the appellant on Point No. 3 & 8.

Case No. CIC/SS/A/2010/000456

4. The appellant preferred his first-appeal on 24.2.2010 before AA, Ministry of Home
Affairs, New Delhi, which was not decided by AA.

5. After hearing the parties and on perusal of relevant documents on file, it is observed that
CPIO, Ministry of Home Affairs vide letter No. 24013/1/2008-ATC dated 12.3.2010 has
replied to the appellant on Points No. 1, 6 and 10 along with "Advisory on Preventing and
Combating Human Trafficking in India" issued by MHA vide O.M. No. 15011/6/2009-ATC
CPIO and rest of the RTI-queries, which were transferred to other Ministries were also
replied to by the respective CPIOs of the Ministries. As such, the appeal is rejected.5

4
www.mea.gov.in/human-trafficking.html
5
www.indiankanoon.com

8|Page
 2. State vs 1. Pushpa on 12 August, 2013
A bare perusal of charge sheet of the present case of and all other cases of similar nature of
PS Kamla Market clearly show the obvious inaction on the part of the Investigation Agency
to shield the real culprits, who may in fact be running the entire racket of human trafficking
and prostitution in the area, within their knowledge.

I, therefore, deem it necessary to direct that a copy of this judgment be sent to the
Commissioner of Police, who shall ensure that the needful is done in this regard in charge
sheets in future so that the offence of human trafficking and prostitution can be curbed by
roping in the perpetrators of these crimes. It is hence expected that in future the charge sheets
would reflect proper compliance of statutory provisions in this regard, instead of quietly
shielding the persons who may be running these rackets of human trafficking and
prostitution.6

3. Swiss Timing Ltd vs Organizing Committee ... on 28 May, 2014

(a) Where a contract is entered into by a person, who has not attained the age of majority
(Section 11);

(b) Where both the parties are under a mistake as to a matter of fact essential to the agreement
(Section 19);

(c) Where the consideration or object of the contract is forbidden by law or is of such a nature
that, if permitted, it would defeat the provisions of any law or where the object of the contract
is to indulge in any immoral activity or would be opposed to public policy. Glaring examples
of this would be where a contract is entered into between the parties for running a prostitution
racket, smuggling drugs, human trafficking and any other activities falling in that category. 7

4. Harjit Singh And Another vs State Of Punjab on 30 May, 2013

Petitioners are that they received a sum of Rs.3 lacs from the complainant for sending his son
to USA in the year 2006. According to him, similar complaint was made by the complainant
earlier in the year 2011 and that complaint was sent to Anti Human Trafficking Cell and it
was found by the Cell that there was no such transaction having been taken place in India and
as the brother of the petitioner and complainant used to live abroad, some transaction might
have been there between them for which this false complaint has been lodged.".8

6
Ibid 5
7
Ibid 5
8
www.indiankannon.com

9|Page
 5. Bhoorabhai Lakshmanbhai ... vs State Of Gujarat & 7 on 11
August, 2016
7. Subsequently, the Supreme Court in Bachpan Bachao Andolan v. Union of India, (2014)
16 SCC 616, has inter alia directed that in case a missing child is not recovered within four
months from the date of filing of the first information report, the matter may be forwarded to
the Anti-Human Trafficking Unit in each State in order to enable the said unit to take up
more intensive investigation regarding the missing child. The Anti-Human Trafficking Unit
shall file periodical status reports after every three months to keep the Legal Services
Authorities updated. Once a child is recovered, the police authorities shall carry out further
investigation to see whether there is any involvement of any trafficking procedure by which
the child went missing, and if, on investigation, such HC-NIC Page 4 of 6 Created On Fri
Aug 12 03:09:40 IST 2016 R/SCR.A/982/2016 ORDER links are found, the police shall take
appropriate action thereupon.

8. Pursuant to the above orders passed by the Supreme Court as well as this court, further
steps appear to have been taken by the concerned authorities including taking steps for setting
up additional Anti-Human Trafficking Units. However, Mr. Himanshu Patel, learned
Additional Public Prosecutor, under instructions, states that, insofar as the Anti-Human
Trafficking Unit in Banaskantha District is concerned, the Local Crime Branch, Palanpur is
in charge of that Unit. However, despite the fact that the Local Crime Branch, Palanpur is in
charge of the investigation, till date the minor daughter of the petitioner has not been traced
out and a period of more than two years has elapsed since she went missing.9

9
Ibid 8

10 | P a g e
 CONCLUSION

Trafficking is one of the most profitable industries. Counter-trafficking strategies and

programs have been inadequate to stop the expansion. Traffickers are generally not
persecuted for their inhumane act nor they are looked upon and some countries where
they work,does not have a specified law stopping or criminalizing their atrocious
inhumane activities or practices and wherever the any law exist anyhow related to
criminalising this inhumane practice the enforcement of that particular law is ignored
not prioritized human trafficking.
International cooperation for fighting against this problem is inappropriate or
inadequate , and the protection secured till today's day is not plenty or adequate for
the victims.

11 | P a g e
 BIBLIOGRAPHY

BOOKS
 P.S.A. PILLAI’S , CRIMINAL Law , (Lexis Nexis . 12th
Edition, 2014)
 K. D. Gaur , Text on Indian Penal Code , Volume 3,
(Universal Law Publishing Co. 6th Edition, 2016)

SITES
 http://www.indiankanoon.or
 http://www.lawctopus.com
 https://www.linkedin.com

12 | P a g e