HUMAN TRAFFICKING AND JUDICIAL

TRENDS IN INDIA
Submitted in partial fulfilment of the requirements for the award of the degree of

B.A. LL.B. 10th SEMESTER

To

Guru Gobind Singh Indraprastha University, Delhi

Faculty Guide: Submitted by:

Ms. Sakshi Gupta Samriti Narang

[Assistant Professor CLS, gibs] Roll No: 04119103820

CENTRE FOR LEGAL STUDIES GITARATTAN

INTERNATIONAL BUSINESS SCHOOL

DELHI-110085

Batch (2020-2025)

1
 DECLARATION

I, Ms. Samriti Narang, Enrollment No. 04119103820, declare that the dissertation (LLB 502) titled
“HUMAN TRAFFICKING AND JUDICIAL TRENDS IN INDIA” is solely completed by me
and represents my authentic work. The content presented in the dissertation has not been submitted
earlier for the award of any degree or diploma to the best of my knowledge and belief.

I am enclosing the plagiarism report of my dissertation to demonstrate its originality.

Signature of the Student:

Name: Samriti Narang
Date:

2
 Certificate of Supervisor

Centre for Legal Studies

Gitarattan International Business School

New Delhi

This is to certify that the Dissertation (LLB 502) entitled “HUMAN TRAFFICKING AND
JUDICIAL TRENDS IN INDIA” submitted by Ms. Samriti Narang, Roll No. 04119103820, is
hereby certified as completed under my guidance.

I confirm that the work presented in the Dissertation (LLB 502) entitled “HUMAN
TRAFFICKING AND JUDICIAL TRENDS IN INDIA” submitted by Ms. Samriti Narang, Roll
No. 04119103820, for BA LLB Semester X at the Centre for Legal Studies, Gitarattan
International Business School, represents bona fide research conducted under my direct
supervision and guidance. I attest that the Dissertation meets the required standards and fulfills
the regulations pertaining to the degree.

Signature of the Supervisor:

Date:
Name of the Supervisor: Ms. Sakshi Gupta
Designation: Assistant Professor
Centre for Legal Studies,
Gitarattan International Business School,
Delhi- 110085

3
 TABLE OF CONTENT
LIST OF ABBREVIATIONS… ............................................................................................................................................................... 7
AIM OF STUDY ..................................................................................................................................................................................... 11
HYPOTHESIS .......................................................................................................................................................................................... 12
RESEARCH OBJECTIVES ..................................................................................................................................................................... 12
RESEARCH METHEDOLOGY .............................................................................................................................................................. 12
RESEARCH QUESTIONS ..................................................................................................................................................................... 13
LITERATURE REVIEW ………………………………………………………………………………………………………………. 13
OVERVIEW OF THE CHAPTERS ......................................................................................................................................................... 14
WHAT IS HUMAN TRIFFICKING? ...................................................................................................................................................... 15
Important terms and their meaning ........................................................................................................................................................... 16
CHAPTER 2 HISTORICAL BACKGROUND ........................................................................................................................................ 18
White Slavery ..................................................................................................................................................................................... 18
Trafficking in Women and Children ................................................................................................................................................... 18
Trafficking in Persons ........................................................................................................................................................................ 19
CHAPTER 3 UNDERSTANDING TRAFFICKING IN PERSONS .........................................................................................................21
Victims of Human Trafficking...................................................................................................................................................................21
Statistical analysis of Human Trafficking ..................................................................................................................................................22
Root causes of Human Trafficking46 ........................................................................................................................................................26
DIMENSIONS IN HUMAN TRAFFICKING47.......................................................................................................................................27
Factors Contributing to Trafficking in Persons ..........................................................................................................................................27
Personal Circumstances and Structural Factors ................................................................................................................................... 28
Push and Pull Factors .......................................................................................................................................................................... 29
FACTORS CONTRIBUTING TO TRAFFICKING IN PERSONS ..........................................................................................................29
Poverty ................................................................................................................................................................................................29
Migration .............................................................................................................................................................................................29
Lack of Education................................................................................................................................................................................30
Demand for Cheap Labour .................................................................................................................................................................. 30
Lack of Human Rights.........................................................................................................................................................................30
Lack of Legitimate Opportunities ........................................................................................................................................................ 30
Social Factors and Cultural Practices...................................................................................................................................................30
Conflict and Natural Disaster ..............................................................................................................................................................31
Trafficking Generates Profit ................................................................................................................................................................31
Traffickers ...........................................................................................................................................................................................31
CHAPTER 4..............................................................................................................................................................................................32
HUMAN TRAFFICKING IN INDIA .......................................................................................................................................................32
Sex Trafficking ..........................................................................................................................................................................................32
Forced Labour ...........................................................................................................................................................................................32
CHAPTER 5..............................................................................................................................................................................................35
LEGISTLATIVE POLICIES, RESPONSE AND PERSPECTIVE ...........................................................................................................35
The Immoral Traffic Prevention Act, 1965................................................................................................................................................36
The Indian Penal Code, 1860 .....................................................................................................................................................................36

4
Juvenile Justice (Care and Protection) Act, 2000.......................................................................................................................................37
Child Labour (Prohibition & Regulation) Act 1986...................................................................................................................................37
Bonded Labour System (Abolition) Act, 1976 .......................................................................................................................................... 37

POLICIES AND PROTOCOLS ................................................................................................................................................................38

Integrated Plan of Action to Prevent and Combat Human Trafficking with special focus on Women and Children .................................38
National Policy for Empowerment of Women, 2001 of the MWCD106 ...................................................................................................38
Protocol for Pre-rescue, Rescue and Post-rescue Operations of Child Victims of Trafficking for the purpose of Commercial Sexual
Exploitation ...............................................................................................................................................................................................39
Protocol on Inter-State Rescue and Post-rescue Activities Relating to Trafficked Persons .................................................................39
Prevention of Trafficking in Women and Children ............................................................................................................................. 39
Rehabilitation of Victims of Trafficking............................................................................................................................................. 39
Health Inputs ...................................................................................................................................................................................... 40
Legal Measures related to Trafficking ................................................................................................................................................ 40
Human Trafficking Management Information System (HTMIS) ....................................................................................................... 40
LEGAL FRAMEWORK ...........................................................................................................................................................................41
Indian Penal Code, 1860 ........................................................................................................................................................................... 41
Kidnapping And Abduction ................................................................................................................................................................ 41
Wrongful Restraint or Wrongful Confinement ................................................................................................................................... 41
Criminal Conspiracy ........................................................................................................................................................................... 41
Criminal Force or Assault................................................................................................................................................................... 42
Cheating ............................................................................................................................................................................................. 42
Criminal Trespass ............................................................................................................................................................................... 42
Criminal Intimidation ......................................................................................................................................................................... 42
Rape and Sexual Intercourse not amounting to Rape.......................................................................................................................... 43
Attempt to commit Offences ................................................................................................................ Error! Bookmark not defined.
Slavery ................................................................................................................................................................................................ 43
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ............................................................................ 43
Immoral Traffic (Prevention) Act, 1956 ................................................................................................................................................... 44
POLICIES AND PLANS ......................................................................................................................................................................... 45
The National Plan of Action for Children, 2005 ........................................................................................................................................45
Federal Laws with respect to Children and Data Collection ..................................................................................................................... 45
SCHEMES AND PROGRAMMES.......................................................................................................................................................... 46
Beti Bachao Beti Padhao .................................................................................................................................................................... 46
Sukanya Smridhi Yojana .................................................................................................................................................................... 46
Sukanya Smridhi Account .................................................................................................................................................................. 46
National Scheme of Incentive to girls for Secondary Education ......................................................................................................... 46
Scheme for Adolescent Girls .............................................................................................................................................................. 46
Udaan ................................................................................................................................................................................................. 46
Child line Services .............................................................................................................................................................................. 47
National Child Labour Project Scheme .............................................................................................................................................. 47
Dhanlakshmi ....................................................................................................................................................................................... 47
Kishori Shakti Yojana (Adolescent Empowerment Scheme) ................................................................................................................... 48
Nutrition Programme for Adolescent Girls ................................................................................................................................................48
Working Women’s Hostel ........................................................................................................................................................................ 48
Indian Penal Code, 1860........................................................................................................................................................................... 48
LEGAL ANALYSIS .................................................................................................................................................................................49
Analysis of Immoral Traffic (Prevention) Act, 1956 ................................................................................................................................ 49
Analysis Constitution of India .................................................................................................................................................................. 49
Bonded Labour System (Abolition) Act, 1976 ..........................................................................................................................................49
ADMINISTRATIVE RESPONSE ........................................................................................................................................................... 50

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Anti-Trafficking Cell ................................................................................................................................................................................ 50
Research and Studies ................................................................................................................................. Error! Bookmark not defined.
Awareness Generation ............................................................................................................................... Error! Bookmark not defined.
Anti-Trafficking Nodal Cell ..................................................................................................................................................................... 51
Anti-Human Trafficking Units ................................................................................................................................................................. 51
SAARC Convention on ‘Preventing and Combating Trafficking of Women and Children in Prostitution’ (SAARC Convention)...51
STATE GOVERNMENT INITIATIVES ................................................................................................................................................. 52
Andhra Pradesh ........................................................................................................................................................................................ 52
Bihar .......................................................................................................................................................... Error! Bookmark not defined.
Chhattisgarh .............................................................................................................................................................................................. 53
Goa ........................................................................................................................................................................................................... 53
Gujrat ......................................................................................................................................................... Error! Bookmark not defined.
Himachal Pradesh ......................................................................................................................................................................................53
Karnataka ................................................................................................................................................................................................. 54
Madhya Pradesh ....................................................................................................................................................................................... 54
Orrissa.................................................................................................................................................... Error! Bookmark not defined.54
Tamil Nadu ................................................................................................................................................ Error! Bookmark not defined.
CHAPTER 6 JUDICIAL RESPONSE ..................................................................................................................................................... 55
CHAPTER 7 CONCLUSION .................................................................................................................................................................. 67
Prevention, Investigation and Prosecution .......................................................................................................................................... 69
BIBLIOGRAPHY ...................................................................................................................................... Error! Bookmark not defined.
Primary Sources ....................................................................................................................................................................................... 71
Secondary Sources ....................................................................................................................................................................................72

6
 LIST OF ABBREVIATIONS

• AIR- All India Reporter

• AHTUs- Anti-Human Trafficking Units
• &- And
• CBI- Central Bureau of Investigation
• CRC- Convention on the Rights of Child, 1989
• Cri. LJ- Criminal Law Journal
• [Link]. - Criminal Miscellaneous Application
• [Link]. - Criminal Miscellaneous Case
• DCCP- Drugs Control and Crime Prevention
• DHC- Delhi High Court
• DWCD- Department of Women and Child Development
• Edn.- Edition
• HLR- Harvard Law Review
• Ibid.- Ibidem
• ICCPR- International Covenant on Civil and Political Rights
• ICESCR- International Covenant on Economic, Social and Cultural Rights
• ILO- International labour Organization
• IPC- Indian Penal Code
• IT- Information Technology
• ITPA- The Immoral Trafficking (Prevention) Act, 1956
• J.J. Act- Juvenile Justice (Care & Protection of Children) Act 2000
• Ker. –Kerala
• MHA- Ministry of Home Affairs
• NCRB- National Crime Record Bureau
• NHRC- National Human Rights Commission
• NCW- National Commission for Women
• Ors. - Others

7
• pp. – Page
• para- Paragraph
• SAARC- South Asian Association for the Regional Cooperation
• SC- Supreme Court
• SCC- Supreme Court Cases
• SLP- Special Leave Petition
• Supra- Above
• UN- United Nations
• u/s- Under Section
• v.- Versus

8
 HUMAN TRAFFICKING AND JUDICIAL TRENDS IN INDIA
CHAPTER 1
INTRODUCTION
Human trafficking is a transnational and complex societal and economic issue. Human
trafficking has been studied in a variety of contexts, including criminology, sociological and
clinical domains. It is a complex issue that has been affecting the society and the global
economy as it involves the commercial exchange and exploitation of humans for the purpose
of receiving benefits on monetary gains. This issue is prevalent in many countries irrespective
of their financial stature. The countries struck with poverty as well as the wealthy countries
face this issue alike. This issue undermines fundamental human rights as well as the broader
global order.1 Human trafficking is a modern form of slavery, and it amounts to human rights
violation and a global crisis.2 As one of the fastest growing crimes, human trafficking is used
to gain profits by the exploiters. In 2020 eleven countries across the globe have recorded the
biggest number in human trafficking. These countries include Thailand, China, Ghana,
Uganga, Nepal, Sri Lanka, India, Pakistan, Haiti, Brazil, and Bangladesh, with Bangladesh
recording the highest rate of Human Trafficking. The year 2021 marks the 21st anniversary of
the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. Several
countries have enacted laws and policies to prosecute Human Traffickers and aid along with
protection to the trafficked persons. These countries have also applied various policies to
prevent the trafficking in persons. The definition of Human Trafficking varies according to the
jurisdictions and individuals. In general, the Trafficking in Persons id defined as holding a
person in an involuntary servitude by force, coercion or bondage using debt. The servitude
includes domestic, labor, or sexual servitude.3 The victims of human trafficking worldwide
range from child soldiers and child brides to housekeepers, nannies, farm laborers, prostitutes,
and beggars.4 Human trafficking is frequently

1 Konrad, R. A., Trapp, A.C., Palmbach, T.M., & Blom, J.S., “Overcoming human trafficking via operations
research and analytics: Opportunities for methods, models, and applications”. Available at
[Link]
[Link] (Accessed on 11th February 2025).
2
Gajic-Veljanoski, Olga, and Donna E. Stewart., “Women Trafficked Into Prostitution: Determinants, Human
Rights and Health Needs.” (Transcultural Psychiatry 44, no. 3 pp 338–58, September 2007). Available at
[Link] (Accessed on 12th February 2025).
3
Jane Nady Sigmon, “Combating Modern-Day Dlavery:Issues in Identifying and Assisting Victims of Human
Trafficking Worldwide” Available at [Link] (accessed
on 11th February 2025).
4
Supra Note 1.

9
 described as sex trafficking; while sex trafficking is substantial, it is estimated that labor
and domestic trafficking make up more than 68% of the population of trafficked people
worldwide.5 There are different ways in which humans can be trafficked. In some cases, the
victims are born into slavery or debt bondage, in these cases the children inherit the debt of
their parents whereas other cases include victims that are kidnapped, sold and or physically
forced or tricked into slavery (coercion and bondage).6
In India there are various laws that are aimed to provide for a better future and life for women
and children, who make up a major part of the victims to the heinous crime of human
trafficking. Globally one in every three victims of human trafficking is a child. This includes
constitutional provisions and privileges.7 Article 14 calls for equality before law for women.8
Article 15(i) calls for the state to not discriminate against any citizen on the grounds of religion,
race, caste, sex, place of birth or any of them.9 Article 15(3) calls for the State to make any
special provisions in favor of women and children.10 Article 16 calls for equal opportunity for
all citizens in matters relating to employment or appointment to any office under the State.11
There are various Directive Principles of the State Policy under the Constitution of India that
direct the state to make laws in order to protect the weaker sections of the society from any type
of exploitation. Article 39(a) and Article 39 (d) call for the State to direct its policy towards
securing men and women equally the right to an adequate means of livelihood and equal pay
for equal work for both men and women.12 Article 39A calls to promote justice on a basis of
equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other
way to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.13 Article 42 calls for the State to make provisions for securing
just and humane conditions of work and for maternity relief.14 Article 46 calls for the State to
promote with special care the educational and economic

5
Farrell, Amy & Fahy Stephanie, “The Problem of Human Trafficking in the U.S.: Public frames and Policy
Responses, Journak of Criminal Justice, Elsevier, vol. 37(6)”, pages 617-626, (Published November 2009).
6
Supra Note 1.
7
“Indian Laws Relating to Women and Children” Available at [Link]
relating-to-women-and-children/ (Accessed on 17th February 2025).
8
The Constitution of India, Article 14.
9
Ibid., Article 15.
10
Ibid., Article 15.
11
Ibid. Article 16.
12
Ibid., Article 39.
13
Ibid., Article 39A.
14
Ibid., Article 42.
10
 interests of the weaker sections of the people and to protect them from social injustice and all
forms of exploitation.15 Article 47 calls for the State to raise the level of nutrition and the
standard of living in people.16 Article 51(A) (e) calls to promote harmony and the spirit of
common brotherhood amongst all the people of India and to renounce practices derogatory to
the dignity of women.17 Article 243D (3) states that not less than one-third (including seats
reserved for women belonging to schedule castes and scheduled tribes) of the total number of
seats to be filled by direct election on every Panchayat to be reserved for women and such seats
to be allotted by rotation to different constituencies in a Panchayat. Article 243D (4) states that
not less than one-third of the total number of offices of Chairpersons in the Panchayats at each
level to be reserved for women.18 Article 243T (3) states that not less than one-third (including
the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in every Municipality to be
reserved for women and such seats to be allotted by rotation to different constituencies in a
Municipality. Article 243T (4) calls for reservation of offices of Chairpersons in Municipalities
for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature
of a State may by law provide.19

AIM OF THIS STUDY

The aim of the present issue is to understand the nuances of human trafficking as a crime
against humans and society as a whole and to understand the nature, manifestations, impact
and legal response to the crime. This study aims to examine the legal provisions of India on
Human Trafficking and discuss about how the same can be strengthened. This research work
aims to analyse the issue of Human Trafficking on the basis of international Human Rights
standards issued by the United Nations while focusing on the judicial response to the problem
in an Indian Context.

15
Ibid., Article 46.
16
Ibid., Article 47.
17
Ibid., Article 51A.
18
Ibid., Article 243D.
19
Ibid., Article 243T.
11
HYPOTHESIS
The hypothesis of this research work is that despite the different measures that have been taken
at both an international and national level, the desired results are yet to be achieved. This
research work links the existing legislative policies, plans and conventions with how the issue
can be dealt with more effectively so as to provide an effective implementation to the same.

RESEARCH OBJECTIVES

The main objectives of this research are to study the existing laws and conventions at the
national and international level and understand the roots of the human trafficking as an issue
that has been prevalent for over a century. This research work reiterates the different measures
that have been taken by different countries at an international level with the United Nations
taking a strong stance against the issue of human trafficking while also studying the steps that
have been taken by the Indian Government at both central and state levels. This research work
aims to study the lack of effective implementation of the same while making suggestions on
how to tackle the situation.

RESEARCH METHEDOLOGY
This research is a doctrinal study on the subject of human trafficking and the materials have
been collected using primary and secondary resources. This research uses descriptive,
analytical, informative and evaluative methods have been adopted to draw the inferences and the
conclusions. The researcher has relied on various documents issued by the United Nations
Document, Human Rights Treaties, National legislations and the response by the Indian
Judiciary. The researcher has also taken references from various books, journals and materials
available on Internet. The researcher has reviewed the issues relating to the trafficking in
persons in terms of scope, meaning, causes, consequences, legal control and judicial response
with respect to violation of human rights.

12
 RESEARCH QUESTIONS

• What are the key legislative frameworks governing human trafficking in India?
• How have Indian courts interpreted and applied anti-trafficking laws in landmark
judgments?
• What are the major challenges in prosecuting human trafficking cases in India?
• How effective are victim rehabilitation and protection measures under the current
judicial system?
• What trends can be observed in the judicial approach toward human trafficking over
the past two decades?

LITERATURE REVIEW

BOOKS

1. Kumar, S. (2019). "Human Trafficking in India: Legal Framework and Judicial

Response." Journal of Human Rights Law, 14(2), 87-105. This article examines the
impact of judicial interventions in trafficking cases and evaluates the effectiveness of
anti-trafficking laws in India.
2. Singh, R. & Patel, M. (2021). "Judicial Trends in Combatting Human Trafficking:
A Comparative Study." South Asian Legal Studies, 8(1), 45-67. This study
compares Indian judicial responses with international best practices and highlights
emerging trends.

ARTICLES
1. Sharma, A. (2020). "Legal and Institutional Challenges in Addressing Human Trafficking in
India." Indian Law Review, 6(3), 221-239. The paper discusses gaps in the enforcement of
anti-trafficking laws and suggests policy reforms.
2. Mehta, V. (2022). "Human Trafficking and the Role of the Supreme Court in India: An
Analysis of Recent Judgments." Indian Journal of Legal Studies, 12(1), 33-51. This article
provides a critical review of judicial activism in trafficking cases.

13
 OVERVIEW OF THE CHAPTERS

Chapter 1 of this research work deals with the introduction and the meaning behind human
trafficking. This chapter deals with the various phases of the process of trafficking and meaning
behind various important terms. This chapter also deals with the aim, hypothesis and the
research methodology behind this study.

Chapter 2 of this research work deals with the historical development behind the trafficking
laws. It deals with the explanation of the international development on this issue.

Chapter 3 of this research work deals with the deep understanding of the offence of Human
Trafficking. This chapter briefly discusses the statistics of human trafficking in India. This
chapter also discusses the victims of the trafficking, the root causes behind it and the
dimensions to trafficking, different types of trafficking in persons and the factors contributing
to it.

Chapter 4 of this research work deals with human trafficking as an issue in India and the roots
of this issue.

Chapter 5 of this research work deals with the legislative response, policies made by the Indian
government to combat the issue and the legislative perspective. This chapter also deals with
the administrative response and the legal analysis.

Chapter 6 of this research work deals with the Judicial response to the issue of trafficking in
persons.

Chapter 7 of this research work deals with the strategies and suggestions to combat this issue.
This chapter ends with the conclusion to this research work.

14
 WHAT IS HUMAN TRIFFICKING?

“For to be free is not to cast off one’s chains but to live in a way that respects and enhances
the freedom of others” – Nelson Mandela.
The terms of “human trafficking” and “trafficking in persons” describe the acts associated with
recruiting, harboring, transporting, providing, or obtaining a person for the purposes of forced
prostitution. This crime can take many nuanced forms, but the common thread among them is
a person, or a group of people, being held against their will and forced to either work or perform
sex acts for the benefit of their captor and often little or no benefit of any kind to themselves.
The laws in relation to trafficked prostitution is often intervened with sex work. There is a
difference when it comes to human trafficking and migrant smuggling. There are four key
differences between the two, smuggling involves consent whereas trafficking does not.
Smuggling ends with the migrants’ arrival at their destination, while trafficking involves the
ongoing exploitation of the victim. The income from smuggling is derived from transporting
or facilitation of an illegal border crossing, while income from trafficking is derived from
continued exploitation of the victim.20
In the year 2000, 116 countries signed the United Nations Convention against Transnational
Organized Crime in Palermo, Italy. Since then, the protocol has been ratified in several times.
The protocol is referred to as the “Palermo Protocol” and it focuses on the 3 P’s i.e., Prevention,
Prosecution and Protection. Through this protocol the United Nations developed a widely
accepted definition of trafficking as, “trafficking in persons’ shall mean the recruitment,
transportation, transfer, harboring or receipt of persons, by threat or use of force, by abduction,
fraud, deception (inducement), coercion or the abuse of power, or by the giving or receiving of
payments or benefits to achieve consent of a person having control over the victim, for the
purpose of exploitation( irrespective of the consent of the victim).”21
As per this protocol, exploitation must include, at the minimum, (the exploitation of
prostitution or any other form of sexual exploitation), forced labor or services, slavery, or
practices similar to slavery (servitude).22

20
“Introduction and History of Human Trafficking and Modern-day Slavery” Available at
[Link] . (Accessed on 17th February
2025).
21
Ibid.

15
 Phases of Human Trafficking- There are 3 main phases of human trafficking. The first phase
is Origin, it means the place from which the victims are recruited. The second phase is Transit,
it denotes transportation and transfer, sometimes harboring as well. The third phase is
Destination i.e., the final point where the victims are received and maintained for exploitation,
this is the place where negotiations take place for the maximum profit.23

Important terms and their meaning-

Forced Labor or Labor Trafficking- Forced labor is a type of human trafficking in which
the victims are held by force, fraud, or coercion for the purpose of labor or services. They can
be used for domestic servitude, in factories, construction work or agricultural work. This is
basically modern-day slavery. People are trafficked for the purpose of forced labor, sexual
exploitation and even organ harvesting.24

Sex Trafficking- It is the form of human trafficking which involves the sexual exploitation of
an individual for the commercial gain. It includes physical abuse, pornography, prostitution,
erotic type of entertainment, stripping and the smuggling of individuals for the purpose of
sexual exploitation. The victims can be of any age, nationality, or gender.25

Commercial Sexual Exploitation- The sexual exploitation of an individual in exchange for

something of value (financial or other). This is a broad term that covers both sex trafficking
and prostitution. This term evolved with the sense that the commodification of sex is
exploitive.26

[Link] (Accessed on 15th February

2025).
23
“Human Rights and Trafficking in Women and Children in India” Available at
[Link] (Accessed
on 17th February 2025).
24
“8 Terms you should know about Human Trafficking” Available at [Link]
trafficking-terms-you-should-know/ (Accessed on 17th February 2025).
25
Ibid.
26
Ibid.
16
 Commercial Sexual exploitation of a child- It covers minors used for pornography,
prostitution, erotic type entertainment and stripping.27

Domestic Minor Sex Trafficking- This carries the same definition as CSEC, except that it
specifically refers to the exploitation of minors who are natives of the country they are being
trafficked in or live with the permanent residents of that country.28

Prostitution- Prostitution has been defined as the unlawful promotion of or participation in

sexual activities for profit, including attempts to solicit customers or transport persons for
prostitution purposes. It is difficult to make any distinction between prostitution and sex
trafficking and it is considered as the same human rights catastrophe.29

Victim or Survivor- People who have been exploited in human trafficking are victims of a
crime. This is not considered as their identity. The people who have lived through this
catastrophe are considered to be more than just crime victims. They are given the term
“survivors” as it is considered to be empowering. It honors their experiences, strength,
resilience, and bravery. The term “victim” is used while referring to the past or to describe their
role in the crime.30

27
Ibid.
28
Ibid.
29
Ibid.
30
Ibid.
17
 CHAPTER 2
HISTORICAL BACKGROUND

HISTORICAL BACKGROUND ON SLAVERY- AN INTERNATIONAL PERSPECTIVE

➢ White Slavery-
The international trade of women came into focus with the movement against white slavery.
The term white slavery was generally used as the procurement using force, deceit or drugs of a
white woman or a girl against her will for prostitution.31 In the discussion of white slavery,
countries outside Europe as well as women other than white were invisible. This led to criticism
of the term white slavery, and it was eventually changed to traffic in women.32

➢ Trafficking in Women and Children-

After the establishment of League of Nations in 1919-1920, the women’s movement started to
focus its attention on international issues instead of national. In June 1921, representatives of
37 countries participated in a conference hosted by the League of Nations and it was asked for
the first time to replace the term white slave traffic by traffic in women and children. 33 This
expanded the scope of trafficking to include other than white women and children. This
included children of both sexes to be addressed as victims. This led to the International
Convention for the Suppression of the Traffic in Women and Children, which was signed by
33 countries in Geneva in 1921.
In 1923 the League of Nations agreed to initiate a study on the traffic of women and children
and suggested for the appointment of a group of experts to investigate the situation with the help
of the countries concerned. There were 2 major studies carried out, first one resulted on a report
in 1927 focusing on the situation mainly in the West. The results of the second study were
published in 1932 and it focused on the situation in the East.

31
Doezema, Jo. "Who Gets to Choose? Coercion, Consent, and the UN Trafficking Protocol." Gender and Development10,
no. 1 (Published 2002): Pages 20-27.
32
“A short history on Trafficking in Persons” Available at [Link] (Accessed on
February 17 2025).
33
Garcia, Magaly Rodríguez. "The League of Nations and the Moral Recruitment of Women." International Review of
Social History 57 (2012): Pages 97-128. Available at [Link] (Accessed on February 23,
2025).

18
 The main remedy to prevent trafficking in the 1927 report was seen to be increased knowledge,
international cooperation, criminalization of trafficking and the contribution of civil society.
The public opinion was as the main factor behind the success of the fight against human
trafficking.
There is a strong resemblance of the issues raised in the first report of 1927 and the current
situation. There is a huge commercial aspect to the trafficking as it is one of the biggest illegal
businesses globally. The major issues faced at that time were that there were a considerable
number of foreign women engaged in prostitution in the countries that were studied, and this is
true as of today as well, many women and children are taken away from their home and
smuggled internationally in the business of trafficking of persons. There are many tourists,
including women and children, that are abducted or kidnapped for trafficking. The second issue
faced was that there was a demand for foreign women in these countries. The reason for such
demand was that it makes such victims vulnerable.

➢ Trafficking in Persons-
The United Nations Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others was adopted in the year 1949. This is considered
as a legal turning point as it was the first instrument, which was legally binding to the signatory
countries. This convention proclaims that “the traffic in persons for the purpose of prostitution
is incompatible with the dignity and worth of the human person”. The convention prescribed
procedures for combating international trafficking for prostitution, including expulsion of the
offenders.34 After the Convention came into force, the international community adopted several
non-binding instruments which maintained the focus on trafficking in women. The Beijing
Platform for Action adopted by the Fourth World Conference on Women in 1995 calls
for the effective suppression of trafficking in women and girls for the sex trade. The United
Nations Special Rapporteur on Violence against Women looked also at trafficking in
women in the report to the Human Rights Commission in 2000. The purview of the report
was “from voluntary migration to trafficking in women: the continuum of the women’s

34
“Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others”
Available at [Link]
nations/convention-suppression-trafficked (Accessed on 17th February 2025).

19
 movement and the human rights violations perpetrated during the course of that movement”. In
the report the focus was on migration, and unlike the previous instruments, it clearly separated
trafficking from prostitution. Some instruments were passed to address specific issues on
human trafficking. The Optional Protocol on the Sale of Children, Child prostitution and
Child pornography deals with trafficking in children. Forced labour particularly when it
involves children was addressed by the International Labour Organisation Conventions
(1999).35

However, in the development of the legally binding instruments, there was a gap of 51 years
before the next international instrument was passed focusing entirely on trafficking in persons.
In 2000 the United Nations Protocol against Trafficking in Persons was adopted and it came
into force in 2003. This protocol has been ratified by 178 parties as of May, 2020. The Protocol
defines trafficking in persons for the first time. It is the only international legal instrument
addressing human trafficking as a crime including all forms of exploitation. It is also the first
instrument against crime that balances law enforcement action with the rights of victims. Based
on the Trafficking Protocol the approach of three P’s was developed indicating that prevention,
protection and prosecution must all be addressed in the fight against trafficking. The follow-
up to the Trafficking Protocol involved some regional actions and the focus has moved towards
more specific questions such as the rights of victims. The issue of forced labour as well as the
connections between trafficking and migration are increasingly discussed at international
forums. The future may also bring forward some new forms of trafficking such as organ
trafficking, which have become prolific due to new opportunities afforded by increased
technological innovations. The problem of trafficking and exploitation of persons is a
longstanding one. Many of the issues addressed in the last 100 years of the history of human
trafficking have changed such as the understanding that there is no specific gender to the
trafficked persons. However, there are various questions that have remained the same.36

35
Ibid.
36
Supra note 32.

20
 CHAPTER 3
UNDERSTANDING TRAFFICKING IN PERSONS

The International Labour Organization estimates that there are around 40.3 million victims of
human trafficking globally.37
The victims of human trafficking can be divided into 3 main categories as per the U.S. law38
1. Children under the age of 18 induced into commercial sex.
2. Adults (18 or above), induced into commercial sex through force, fraud, or coercion
3. Children and adults induced to perform labor or services through force, fraud, or
coercion.

Victims of Human Trafficking-

The victims of human trafficking can be of any age, any gender and from anywhere in the
world. According to the United Nation Office on Drugs and rime’s 2020 report on trafficking
in persons globally, which has been compiled using the figured officially received from over
148 countries, female victims continue to be the primary targets. The report shows that in the
year 2018 46 percent of the detected victims were women and 19 percent girls. For the male
victims the report shows that 20 percent of detected victims were men and 15 percent were
boys. The report shows that the share of children among detected trafficking victims has tripled
while the share of boys has increased 5 times over the last 15 tears. Girls who are victims to the
human trafficking are mainly used for sexual exploitation whereas boys are used for forced
labor. The share of detected male victims has risen from 10precent in the year 2003 to 20
percent in 2018.39 Globally, one in every three victims detected is a child. Patterns about the
age profile of the victims, however, appear to change drastically across different regions.
Countries in West Africa, South Asia and Central America and the Caribbean typically present
a much higher share of children among total victims detected. More broadly, differences in the
age composition of detected victims appear to be related to the income level of the country of
detection. The detection of children accounts for a significantly higher proportion in low-
income countries when compared to high income countries. As such,

37
“Human Trafficking FAQs” Available at [Link] - h3
(Accessed on 17th February 2025).
38
Ibid.
39
Ibid.
21
 wealthier countries tend to detect more adults than children among the trafficking victims.
These differences could be the result of varying criminal justice focuses in different parts of
the world. At the same time, however, they may reflect different trafficking patterns according
to countries’ socio-economic conditions.40

Statistical analysis of Human Trafficking-

In 2020 the United Nations document on Human trafficking sited that there might be an
increase in human trafficking due to the current situation of COVID-19 crisis and the resulting
recession. The victims are targeted when they are vulnerable and the COVID-19 situation has
left many people vulnerable to the exploitation. Female victims have continued to be
particularly affected by trafficking in persons in 2019. On February 2, 2021, the United Nations
reported that the share of children in trafficking of persons has tripled. In 2018 there were about
50,000 victims reported for human trafficking by 149 countries however, the actual numbers
are much higher, considering the nature of this crime and how well hidden it is often. The report
shows that the traffickers particularly target the most vulnerable, such as migrants and people
without jobs. The COVID-19 induced recession is likely to expose more people to the risk of
trafficking. Over the last 15 years, the number of detected victims has increased, while their
profile has changed. The share of adult women among the detected victims fell from more than
70 per cent to less than 50 per cent in 2018, while the share of children detected has increased,
from around 10 per cent to over 30 per cent. Victims’ profiles differ according to the form of
exploitation. In 2018, most women and girls detected were trafficked for sexual exploitation,
whereas men and boys were mainly trafficked for forced labour. Globally, most persons
prosecuted and convicted of trafficking in persons continue to be male, with around 64 and 62
per cent respectively. Offenders can be members of organized crime groups, which traffic the
great majority of victims, to individuals operating on their own or in small groups on an
opportunistic basis.
Traffickers see their victims as commodities without regard for human dignity and rights. They
sell fellow human beings for a price that can range from tens of US dollars to tens of thousands,
with large criminal organizations making the highest incomes.

40
“Global Report on Trafficking in Persons”, Available at [Link]
analysis/[Link] (Accessed on 16th February 2025).
22
 Traffickers have integrated technology into their business model at every stage of the process,
from recruiting to exploiting victims. Many children are approached by traffickers on social
media, and they are an easy target in their search for acceptance, attention, or friendship.
UNODC has identified two types of strategies: “hunting” involving a trafficker actively
pursuing a victim, typically on social media; and “fishing”, when perpetrators post job
advertisements and wait for potential victims to respond. The internet allows traffickers to live
stream the exploitation of their victims, which enables the simultaneous abuse of one victim by
many consumers around the globe. Based on the data collected from 148 countries, UNODC
was able to record 534 different trafficking flows around the globe although victims are
typically trafficked within geographically close areas.
In India since the beginning of the pandemic there have been concerns about the migrant
workers’ rights and conditions. The Covid-19 situation has deepened the existing inequalities
and have further blurred the lines between waged, coerced, and trafficked labour in India.41
There are reports that show an increase in the trafficked cases in India because of the current
pandemic situation.42 In response to these concerns the Women Safety Division of the Indian
Ministry of Home Affairs issued an advisory in July 2020 in which they advised all the states
and Union Territories for the urgent establishment of Anti-Trafficking Units(AHTUs). This
advisory also called for an upgrade in the infrastructures of such existing units.
In India AHTUs are special police units that are devoted to tackle human trafficking. After the
MHA advisory a recent report suggested that in India 225 AHTUs existed only on paper. Only
27 percent of the AHTUs were operational by January 2021.
Current policies in relation to the human trafficking carry a legacy of the colonial era and thus,
resulting in harm. The definition of the human trafficking as per colonial era was the act of
abduction and transport of women for prostitution.43 The colonial definition conflicts with the
human trafficking with the consenting sex workers and does not cover as much ground as

41
“Human Trafficking in India: How the Colonial Legacy of the Anti-Trafficking Regime Undermines Migrant and
Work Agency” Available at [Link]
colonial-legacy-of-the-anti-human-trafficking-regime-undermines-migrant-and-worker-agency/ (Accessed on 17th
February 2025).
42
Suhas Munshi, “Human Trafficking Hit three-year high in 2019 as Maha tops list of cases followed by Delhi,
Shows NCRB data” (News18 Networks, 8th October 2020, Last Updated: 8th October 2020) (Accessed on 18th
February 2025).
43
Supra note 41.

23
in today’s time women, men, children are being trafficked for not just prostitution but also for
slavery etc. As reported by the Indian Government over the last 5 years, the human traffickers exploit
domestic and foreign victims in India and traffickers exploit victims from India abroad. Internal
forced labour constitutes India’s major issue. These traffickers use debt-based coercion (bonded
labour) to compel men, women, and children to work in agriculture, brick kilns, rice mills,
embroidery and textile factories and stone quarries. The traffickers promise them large advances to
manipulate the workers into accepting low-paying jobs, where traffickers then add exorbitant
interest rates and create new deductions for items such as lodging, healthcare or wage slips or even
fabricate the amount of debt which the use to coerce the victims to continue to work for little to no
pay.
The NGOs in India have assessed at least eight million trafficking victims in India, the majority of
whom are bonded laborers. In a 2017 study of brick kilns in Rajasthan state, the researchers found
more than 40 percent of the seasonal workers from Uttar Pradesh, Chhattisgarh, Bihar, and
Rajasthan states owed debts to kiln owners that were greater than the amount workers earned over
the entire season. In some of the states the traffickers who trap the bonded labour are local
government officials or individuals with political influence. Traffickers exploit adults, children,
and sometimes entire families into the bonded labour. Such bonded labour can be found in the
carpet production in Jharkhand and Uttar Pradesh states and also in mica mining and textiles. The
traffickers exploit children as young as 8 years old in forced labour in agriculture, construction,
domestic service, garment, steel and textile industries, begging, criminality, food-processing
factories, floriculture, cotton, ship-breaking and manufacturing. Multiple organizations have noted
that physical violence against trafficking victims in both forced labour and sex trafficking is
particularly in South Asia, including India. Non-state armed groups have continued to recruit and
use children as young as 14 in direct hostilities against the government in Jammu and Kashmir.
Maoist groups, particularly in Chhattisgarh and Jharkhand forcibly recruited children as young as
12 to handle weapons and improvised explosive devices, and in some cases be human shields.
Several women and girls associated with the Maoist groups have reported that sexual violence,
including practices indicative of sexual slavery as a practice in some Maoist camps. Non-state
Naxalite groups have been continuously and systematically recruiting child-soldiers. There have
been several unverified reports that have alleged that the national security forces use children as
spies and informants. Traffickers exploit millions of people in commercial sex in India.

24
 The recruiters or traffickers use girls and women from India, but they also fraudulently recruit
several girls and women from Nepal and Bangladesh. Traffickers have increasingly used the
online technology to facilitate sex trafficking and fraudulent recruitment. Some traffickers also
kidnap children from public places like railway stations and entice girls with drugs and force
girls as young as 5 years old in sex trafficking to take hormone injections to appear older. Some
corrupt law enforcement officers protect suspected traffickers and brothel owners from law
enforcement efforts, and they take bribes from the sex trafficking establishments and sexual
services from the victims. In one of the reports, it is submitted that the police have accepted
bribes in exchange of releasing child sex trafficking victims back to the trafficker’s custody.
There have been several reports of some government, NGO, and privately run shelter homes of
physically and sexually abusing the residents, including trafficking victims and compelling
shelter residents into forced labour and sex trafficking.44
In India during the pandemic the nightmare of child trafficking has deepened. This has been
having a catastrophic effect on the economy and millions of vulnerable people, especially
children, have been pushed into despair, disease and death. With people fleeting from shuttered
cities and factories due to the nationwide lockdown, there have been various reports of
youngsters being sold off for money. There have been one such case reported in Bihar, where a
father sold his four-month old infant to a wealthy couple without his wife’s knowledge. The man
admitted to have been driven to this desperation due to the inability to feed his family during the
ongoing pandemic. The studies have proven that when the families are financially unstable, the
vulnerability of children increases. Traffickers prey on such families by making false promises
of new jobs, better income, living conditions and financial support. The International Labour
Organization has predicted that with the COVID-19 pandemic, the world may witness a surge
in child labour for the first time in 20 years, risking the years of progress.45

44
2020 Trafficking in Persons Report: India (Office to monitor and combat trafficking in persons, US Department of
State)” Available at [Link] (Accessed on 4th
February 2025).
45
Lal, Neeta “India’s Child-Trafficking Nightmare Deepens in the Pandemic”, Published by Global Asia, March
2021. Available at [Link]
pandemic_neeta-lal (Accessed on 17th February 2025).

25
Root causes of Human Trafficking46-
The causes of trafficking are various and often differ from one country to another. Many of the
factors relating to trafficking are specific to individual trafficking patterns and to the States in
which they occur. Many factors tend to be common to trafficking in general or are found in a
wide range of different regions, patterns, and cases. One such factor is the desire of the potential
victims to migrate is exploited by the offenders to recruit and gain initial control or cooperation,
only to be replaced by more coercive measures once the victims have been moved to another
State or region of the country. The region may not always be the one they intended to move to.
There are a lot of factors that might make the populations want to migrate are poverty,
oppression, lack of social or economic opportunity, dangers from conflicts or instability and
similar conditions. Political instability, materialism, civil unrest, internal armed conflict, and
natural disasters are some reasons that may result to increase in trafficking. The destabilization
and displacement of populations increase their vulnerability to exploitation and abuse through
trafficking and forced labor. War and civil strife also amount to massive displacements of
populations leaving a lot of the population vulnerable to exploitation. The factors tend to exert
pressures on victims that push them into migration and hence into the control of traffickers, but
other factors that tend to pull the victims are also significant. Poverty and wealth are relative
concepts which lead to different trafficking patterns. In addition to these factors the rapid
expansion of broadcast and telecommunication media, including the internet, across the
developing world may have increased the desire to migrate to developed countries and with it
the vulnerability of the migrants to the traffickers. Some parents sell their children, not just for
money, but also in hope that their children might escape the situation of extreme poverty and
move to a place where they will have better opportunities.
In some states, social and cultural practices also contribute to trafficking. For example, the
devaluation of women and girls in a society makes them disproportionately vulnerable to
trafficking.

46
“Toolkit to combat trafficking in persons, United Nations Office of Drugs and Crime”. Available at
[Link] (Accessed on 17th
February 2025).

26
 Added to these factors are the issues of porous borders, corrupt Government officials, the
involvement of international organized criminal groups or networks and limited capacity of or
commitment by immigration and law enforcement officers to control borders.
Lack of adequate legislation and of political will and commitment to enforce existing
legislation or mandates are other factors that facilitate trafficking in persons.

DIMENSIONS IN HUMAN TRAFFICKING47

The National Crime Records Bureau (NCRB) in its 2013 report showed a 10.9 percent increase
in human trafficking. There was a trend of increasing trafficking cases. These were 4 heads
under this data; Procurement of minor girls48, Importation of girls from foreign country49,
Selling of girls for prostitution50 and Buying of girls for prostitution51. Human Trafficking is a
multi-dimensional problem. There is not only significant rise in trafficking but also an increase
in its magnitude. The United Nations has estimated the number of trafficking victims at more
than 30 million, with the largest number originating in Asia and an estimate of 1,50,000
annually in South Asia alone. The Indian government’s Ministry of Women and Child
Development estimated the number of persons trafficked for commercial sexual exploitation in
India is around 2.8 billion52. In addition to this, there is rise in the ‘global sophistication,
complexity and consolidation of trafficking networks’ which is said to having diverse and
sophisticated mechanisms. All these trends are enormously prevalent in India as well as in the
global context.

Factors Contributing to Trafficking in Persons-

There are many factors that play an important role in trafficking, they range from personal
circumstances to structural factors. Exploiters tend to attack areas where the conditions are ripe
for exploitation. 53

47
Supra note 23.
48
Indian Penal Code,1860, Section 366A.
49
Ibid., Section 366B.
50
Ibid., Section 372.
51
Ibid.,1860, Section 373.
52
Supra note 23.
53
Supra note 23.

27
 ➢ Personal Circumstances and Structural Factors

In terms of non-public factors, people with low levels of literacy, awareness and data are
seemingly at risk to trafficking. Economic deprivation and low incomes are also contributing
risk factors. Women and children with disabilities are a straightforward catch for traffickers.
Dysfunctional families, fragile relationships, marital discord, physical abuse, sexual abuse,
drug use, family pressures, gender discrimination, desertion by husbands, are all factors that
contribute to create women susceptible to suffering and consequently to trafficking. Various
studies have revealed that almost all trafficked women are unmarried, divorced, separated or
widowed. Considering structural factors, there are various aspects which makes women and
children prone to trafficking. The environment in which they live plays a vital role for people
who do not have adequate structures and institutions for education and employment become
zones for traffickers. There are various wider structural factors that heavily influence and
determine these circumstances which are industrialisations and globalisations, economic crises,
under-development, economic policies like privatisation and liberalisation, promotion of sex
tourism, withdrawal of subsidies and commercialisation of agriculture, the consequent erosion
of subsistence agricultural practices, loss of traditional livelihoods and inflation. Considering
the present scenario, women and girls have been increasingly hired as service providers which
puts them at risk. In addition to this, the quickening pace of urbanisation and heightened
mobility resulting from the development of road links are also contributing factors. A culture
of consumerism, materialism, commodification of individuals and commercialisation of sex
distorts family needs and individual desires.54
➢ Perpetuating Factors
This includes insufficient and inadequate laws, poor enforcement, ineffective penalties,
minimal chances of prosecution, corruption and complacency, poor visibility and fewer debate
on the difficulty, the shortage of political will of the governments to implement policies and
supply adequate services for victims all play role in perpetuating trafficking as they create an
environment that does not demand accountability.

54
“The Idea of Justice” Available at [Link]
[Link] (Accessed on 17th February 2025).
28
 People who take up the cudgels against trafficking are in miniscule due to which it becomes
difficult to combat because everyone involved in trafficking is unified. Adding to that the
profiting families are also reluctant to talk.55

➢ Push and Pull Factors

Push factors include the point of origin whereas the pull factors include the destination place.
These factors go hand in hand when it comes to trafficking in persons. The uneven development
gives rise to the pull factors. These factors can also be described as the demand and supply
factors. The push factors are usually prevalence of caste and gender based discrimination. Push
factors are basically measured in terms of vulnerability of victims.

FACTORS CONTRIBUTING TO TRAFFICKING IN PERSONS

➢ Poverty
Destitution and absence of chances are significant reasons for dealing. Trafficking commonly
starts with a private game plan between a dealer and a relative, driven by the family financial
predicament and the dealer's craving for benefit. Usually the traffickers have someone to
corroborate that they have callings or occupations for the victims and the guardians or family
members trust it. The traffickers then place them in subjugation or gives the victim to another
person. Family members imagine that in releasing these victims they are benefiting them; yet
they are exploited for sole economic gain of the trafficker as opposed to giving them a
compensation.

➢ Migration
While it might appear to be that migration and trafficking in persons are particular and distinct,
they are simultaneously fundamentally associated. The need to move in order to find
employment makes a fruitful ground for traffickers and corrupt specialists to abuse this need
and benefit from it.

55
“Rape for Profit, Trafficking of Nepali Girls and Women to India’s Brothels” Available at
[Link] (Accessed on 17th February 2025).

29
 ➢ Lack of Education
Lack of education often leads to lack of opportunities for work in order to earn a living
wage and in turn leads to decreased knowledge in rights. This in turn causes them to be
vulnerable and susceptible to the exploiters.56

➢ Demand for Cheap Labour

Basic market structures include a chain of demand and supply. The demand for cheap
labour and commercialised sex allow these traffickers to exploit the vulnerable groups in
need of money. These traffickers make large profits by producing cheap labour or free
labour.57

➢ Lack of Human Rights

There are many marginalised groups in a society that lack institutionalised human rights
and this in turn leads them to become potential victims for trafficking. Traffickers prey on
these groups essentially as they are more susceptible to this crime as they lack protection
from the law enforcement, their families or from the society that they live in.58

➢ Lack of Legitimate Opportunities

In cases where the people lack the legitimate opportunities to build themselves financially
or economically, they are vulnerable to these traffickers. The groups that are especially
vulnerable include migrants without work permits, people who lack education, people who
live in backwards areas with less job opportunities. These groups also include women and
certain groups from ethnic backgrounds that do not get jobs due to discrimination. 59

➢ Social Factors and Cultural Practices

Cultural practices and social factors amount to a major cause of human trafficking in many
countries. In many States bonded labour is considered as an acceptable form to pay off

56
“10 causes of Human Trafficking” Available at [Link]
trafficking/ (Accessed on 19th February 2025).
57
Ibid.
58
Ibid.
59
Ibid.

30
 debts. On the other hand, there are many places where selling children to the traffickers is
a norm, especially for families belonging to poor backgrounds. 60

➢ Conflict and Natural Disaster

Economic instability and lack of human rights are a common result to conflict and natural
disasters. This in turn gives rise to giving an advantage to the traffickers and makes the
people in the affected area more vulnerable to such situations. 61

➢ Trafficking Generates Profit

Monetary gain is the major cause for trafficking in persons. It all comes down to the
personal gain of the traffickers. These traffickers exploit people who are vulnerable and
use them to gain profits by either forcing them into bonded labour, sex trafficking etc. They
use drugs, force, violence, threats and more to keep these victims in such heinous
situations.62

➢ Traffickers
The main cause of human trafficking above any other factor are the traffickers themselves.
There are many factors that come into play for these traffickers to be able to exploit the
victims for their own personal gain, the one thing that is above all is that it is their own
personal choice or their own wilful decision to enslave people against their will for their
own gain. 63

60
Ibid.
61
Ibid.
62
Ibid.
63
Ibid

31
 CHAPTER 4
HUMAN TRAFFICKING IN INDIA

Human trafficking currently claims an estimate of 24.9 million victims worldwide, out of
which there are about 8 million victims of human trafficking that live within India’s borders.64
The causes of human trafficking in India can be blamed in part to gender-based discrimination.
There are approximately 239,000 girls under the age of five annually in India that die due to
gender-based discrimination. The literacy rate in women is quite low as compared to their men
counterparts. The sex ration in India is also very skewed. When it comes to crime against
women, there are several cases of illegal sale of women for the purpose of marriage. In the rural
areas of the Northern States, with sex ration worse than the national average, bride trafficking
is a norm. More than 90 percent of the women in these Northern States have been sold from
other states. These women are more often than not resold as many as three times as per the data
available in the national reports. Often girls in their preteens are married off to the highest
bidder. This discrimination is the driving force behind the human trafficking in women in India.

Sex Trafficking-
This is a major cause for human trafficking in India and the driving force behind this is the lack
of opportunities in India’s poor communities, especially for persons who do not have a source
of education. The victims of human trafficking are predominantly young, illiterate women and
children from impoverished families in the rural states. Poor communities are very vulnerable
to the human traffickers who take advantage of the lack of resources in these families and use
them to their own personal gain to lure the victims. The sex trafficking victims age from 10-16
years of age.

Forced Labour-
The root cause behind the human trafficking for males in India is forced or bonded labour.
Bonded labour is a system of forced labour in which the exploiters offer the victims cash in
advance in exchange for pledge of labour. The exploiters later use these debts to force the
victims and their

64
“Causes of Human Trafficking in India” Available at [Link]
india/ (Accessed on 18th June 2025).
32
 family members even into forced labour. The exploiters mainly recruit the victims from poor
families, generally living rural areas in India, with a promise of lump-sum money at the end of
their contracts. Workers are often offered less than fair compensation for their labour and are
often subjected to poor working conditions.

According to the data received by the Supreme Court in 2019 from National Crime Records
Bureau, Mumbai and Kolkata have the highest cases when it comes to trafficking in women
and children especially for forced marriage, child labour, domestic help and for sexual
exploitation. There are however many NGOs on ground that help rehabilitate the victims of
such trafficking. These organisations like “Prerana” that works mainly in Mumbai, Raigad and
Thane in Maharashtra works with the victims of trafficking in persons, especially minors.
These organisations have suffered during the pandemic as it was difficult to reach out to such
victims but there are many organisations are equipped with the technology that helps them
work remotely. India is also riddled with the problem of organ trading. India was marked by
the World Health Organisation as the country “commonly known for organ-exporting”. In 2019
an illegal organ trade was uncovered by the news publishers THE HINDU. This trade was
situated in Delhi which is the capital of the country. This scam was estimated to be valued
around Rs. 100 crore. There are many other rackets and trafficking rings that remain uncovered
as the human trafficking is one of the largest illegal business.65 The states that are affected the
most by the trafficking Apart from Maharashtra and Kolkata are Bihar, Telangana, Jharkhand,
Rajasthan, Andhra Pradesh, Orissa and West Bengal, with the largest red-light district is in is
the Falkland Road Kamatipura area of Bombay. In Kamathipura region in Bombay around of
70,000 underaged women and young ladies are purchased by at least three men every day.
Condoms are only sometimes utilized and mostly these women are subjected to unprotected
sex. These women rarely escape this life once bought into it. There are numerous dhabhas and
brothels where these victims reside, they are situated along the interstate highways, where these
women and children are offered as an "extra assistance" to transporters and drivers. In an
interview with an owner of a dhaba, who runs a brothel under its guise, it was revealed that
these dhaba owners take a commission for every man that these victims

65
“On World Day Against Trafficking in Persons a look at the numbers in India”, Available at
[Link]
(Accessed on 19th February 2025).
33
 bring in. some cut is also given to the manager of the brothel and since this Is an illegal business
the police are also given a share as “protection money”. The Interviewee stated that in cases
where the woman or girl is beautiful, she is purchased by five to ten men per day. The manager
of the brothel earns about Rs. 4,000 to 5,000 month to month. Usually, these women are bought
from a different state so as to avoid them escaping. These women and children are then used
in the dhabhas, or massage parlors, along the parkways on the highways, and are compromised,
pestered, compelled to support men, or goondas, uninhibitedly and beaten by men and police
to force them into prostitution. Nearby ranchers misuse them too. Police don't register any
protests of attack. Eunuch Path in Bombay has more than 2,000 eunuchs in prostitution. The
eunuchs, or hijras, have profound strict roots in Hinduism. As children they are deserted or sold
by their families to sex rings and taken into the wilderness, where a cleric cuts off their privates
in a service called nirvana. The minister then, at that point folds back a piece of tissue to make
a counterfeit vagina. Eunuchs are for the most part considered as more accessible to perform
high-hazard sex by the traffickers than women or girls, and some Indian men believe that they
can't contract any sexually transmitted disease from them.

India was called as the top destination for human trafficking and also named as one of the most
dangerous countries for women ahead of Afghanistan, Syria and Saudi Arabia66 in terms of
Human Trafficking in the survey conducted by Thomson Reuters Foundation. This survey has
been widely criticised in India citing that women do not have much rights in many countries
like Afghanistan and Saudi Arabia. This statement was criticised by the country’s National
Commission for Women mentioning that the reason for the rise in cases is that the cases are
now being repeated more due to the outrage in public.67 However the fact that India has the
gender based discrimination engraved in the society and the practices of discrimination are
often backed up by citing one’s religious believes and cultural practices like the practice of
Sati.

66
“Human Trafficking in India” Availabe at [Link]
(Accessed on 19th February 2025).
67
Ibid.
34
 CHAPTER 5

LEGISTLATIVE POLICIES, RESPONSE AND PERSPECTIVE

India is a Republic comprising of 28 states and seven Union Territories with a population of
more than 1 billion people. The states vary in great terms like language, culture religion and
tradition. The number of trafficked persons is hard to determine due to the secrecy that is the
nature of this crime but it cannot be denied that over the years India has emerged as a source,
destination and transit country for trafficking for varied purposes such as for commercial sexual
exploitation and labour. The bulk of trafficked victims are intra-country but cross-border
trafficking also takes place often especially from the neighbouring countries Nepal and
Bangladesh. Women and Children are also trafficked to the middle eastern countries. India has
made substantial efforts in the last decade of so in the area of Anti-Human Trafficking with
the help of government institutions, state machinery, the civil society organisations, the
judiciary and the law enforcement authorities.68 The Constitution of India under its Article
23(1), mandates for prevention and combating for trafficking in persons and has received
significant attention from the government.69 The issues faced are multifaced and are associated
with various aspects of trafficking in persons. It includes the task and responsibility to fight
against this crime. The main ministry that deals with the subject is The Ministry of Women and
Child Development (MWCD). This ministry works very closely with the Ministry of Home
Affairs (MHA), Ministry of Overseas Indian Affairs, Ministry of External Affairs (MEA)
and the Ministry of Labour and Employment. The approach adopted by the Indian government
includes Legislations, Law enforcement procedures, special measures for prevention,
Procedures for rescue and rehabilitation and re-integration for the victims and repatriation
of cross-border trafficking victims.70

68
“India Country Repot” Available at [Link] Country [Link]
(Accessed on 20th February 2025).
69
Ibid.
70
Ibid.
35
 The Immoral Traffic Prevention Act, 1965-
This is considered as the prime legislation for prevention of trafficking for commercial
exploitation. There have been several amendments made to strengthen and widen the scope.
The Immoral Traffic (Prevention) Bill, 2006 consists of all the amendments. The amendment Act
calls for enhanced punishment for the traffickers, brothel keepers, pimps etc. There is also a
provision for punishment for the people who visit these brothels for commercial sexual
exploitation. The definition of trafficking under this Act is adopted from the United Nations
Protocol on Prevention of Trafficking in Persons. There are provisions for setting up centre and
state nodal authorities for preventing and combating offence of trafficking through coordination,
investigation, rescue, rehabilitation, judicial support, research and training.71
The Indian Penal Code, 1860-
The Indian Penal Code has laid down various provisions in relation to trafficking. These
include “kidnapping, abducting or inducing a woman to compel her for marriage against her
will or to seduce or force her into illicit intercourse” under Section 36672 of the Act.73 There
are provisions with respect to punishing “selling of minors for the purpose of prostitution, illicit
intercourse of any other immoral or illegal purpose” under Section 37174 of the Act75. This Act
also criminalises the “buying of minors for the purposes of prostitution, illicit intercourse of
any other immoral or illegal purpose” under section 37376 of the Act77. Section 33978 of the
Code criminalises wrongful restraint against a person, it states that whoever voluntarily
obstructs a person so as to prevent them from moving in the direction they wish to move is
liable for an offence under this section of the code79. Section 34080 of the Indian Penal Code
criminalises wrongful confinement. This section lays down that whoever wrongfully restrains
any person in such a manner as to prevent that person from proceeding beyond certain
circumscribing limits, is said “wrongfully to confine” that person and is liable for an offence
under this Act.81

71
Ibid.
72
Supra Note 48, Section 366.
73
Supra note 80.
74
Supra Note 48, Section 371
75
“Central Government Act” Available at [Link] (Accessed on 20th February 2025).
76
Supra Note 48, Section 373.
77
Supra note 80.
78
Suora note 48, Section 339.
79
Supra note 80.
80
Supra note 48, Section 340.
81
“Wrongful Confinement” Available at [Link] (Accessed on 20th February 2025).
36
 Juvenile Justice (Care and Protection) Act, 2000-
The primary law dealing with the juvenile conflicts is the Juvenile Justice Act. This Act along
with dealing with conflict, also deals with the care and protection of children in need of it. This
Act seeks to provide protection to children by helping their development needs and providing
them a friendly environment and approach. The main goal for this Act is Rehabilitation of the
Child.

Child Labour (Prohibition & Regulation) Act 1986-

This Act has been recently amended in the year 2016. This Act prohibits employment of
children below the age of 14 years (changed to 16 years in 2016) and in cases of hazardous
occupations the minimum age bar was 16 years (later changed to 18 years in 2016). This Act
also regulates the employment of children non-hazardous areas (prohibits them from
employment in specific areas till they attain a certain age). This includes carpet weaving,
building and construction work, brick kilns, production of hosiery goods, work as domestic
servants, and in tea-shops, road side eateries, etc. 82

Bonded Labour System (Abolition) Act, 1976-

This Act provides for abolition of a bonded labour system with a view to prevent economic
and physical exploitation of the weaker sections of the society.83

82
Supra note 80.
83
Ibid.
37
POLICIES AND PROTOCOLS

Integrated Plan of Action to Prevent and Combat Human Trafficking with special focus
on Women and Children-
The MWCD had formulated the National Plan of Action to combat trafficking and commercial
sexual exploitation of women and children in 1998, with the objective of mainstreaming and
re- integrating women and children who have been victims to commercial sexual exploitation
in to the community. The main aim for this Plan is to formulate a more holistic policy and
programme for trafficking in persons which will incorporate all forms of trafficking and enable
an integrated approach to tackle the problem, the MWCD, in collaboration with the Ministry of
Home Affairs (MHA), Ministry of Labour and Employment, National Human Rights
Commission and National Commission for Women, is developing an Integrated Plan of Action
to Prevent and Combat Human Trafficking with Special Focus on Children and Women.84

National Policy for Empowerment of Women, 2001 of the MWCD85

The goal of this particular policy is to bring about the advancement, development and
empowerment of women. Some of its objectives include
➢ Creating an environment through positive economic and social policies for full
development of women to enable them to realise their full potential. This is to ensure de- jure
and de-facto enjoyment of all the human rights by women on equal basis with men in all spheres
of life I.e., political, economic, social, cultural, and civil.
➢ This plan aims to ensure equal access to participation and decision making of women in
social, political and economic life of the country.
➢ This plan calls for equal access for women to healthcare, quality education at all levels,
career and vocational guidance, employment, equal renumeration, occupational health and
safety, social security and public office.
➢ This plan also aims to strengthen the legal systems aimed at elimination of all forms of
discrimination against women and girl child, elimination of violence in all forms against

84
Ibid.
85
Ibid.
38
➢ This plan also aims to strengthen the legal systems aimed at elimination of all forms of
discrimination against women and girl child, elimination of violence in all forms against women
and girl child and to build strengthening partnerships with the civil society, particularly women
organizations.

Protocol for Pre-rescue, Rescue and Post-rescue Operations of Child Victims of

Trafficking for the purpose of Commercial Sexual Exploitation
This is a special protocol developed by the MWCD that provides the guidelines of enforcement
agencies and NGOs involved in the rescue of victims from their place of exploitation, medical
and legal procedures to be followed and rehabilitative measures to be provided to the victims.86
The CAC members under MWCD developed a blue print of action in many areas as follows-
➢ Protocol on Inter-State Rescue and Post-rescue Activities Relating to Trafficked
Persons
This protocol provides guidelines to the State Governments on the Inter-state rescue operations,
the modalities that are involved, precautions to be undertaken and responsibility of various
stakeholders in providing services to the rescued victim.87
➢ Prevention of Trafficking in Women and Children
This protocol provides for various steps to be taken to prevent trafficking of women and
children for commercial sexual exploitation and includes formation of vigilance groups, anti-
trafficking regional networks, appropriate interventions that need to be taken to the brothel
areas to prevent a second-generation prostitution. This protocol is aimed to make special
measures targeting those communities traditionally involved in commercial sex work and
rehabilitation of women who have become old to carry on the profession and are in need of care
and protection.88
➢ Rehabilitation of Victims of Trafficking
This protocol provides action points in relation to areas of rehabilitation (care and support
programmes). Community based programmes on rehabilitation, custody of victims, education
and skill building of victims and in the end helping them rehabilitate them in the society.89

86
Supra note 80.
87
Ibid.
88
Ibid.
89
Ibid.
39
➢ Health Inputs
This highlights medical care in such cases. The medical care includes both physical and
psychological care that is required by the victims of trafficking. It also undertakes to curb the
long-term impacts to the victims of trafficking and provide them holistic health services.90
➢ Legal Measures related to Trafficking
The blue print of this plan of action calls for a composite legislation that addresses the all the
areas of trafficking in persons such as begging, organ trade, labour etc.91
➢ Human Trafficking Management Information System (HTMIS)
This plan of action provides for a format of enforcement agencies to collect data on trafficked
victims and traffickers.92

90
Ibid.
91
Ibid.
92
Ibid.

40
LEGAL FRAMEWORK

Indian Penal Code, 1860

➢ Kidnapping and Abduction

Types of Kidnapping incorporate taking of a minor or individual of Unsound mind from legal
guardianship. The essential demonstrations that structure an establishment for trafficking are
acquiring ownership or care of the individual who is to be trafficked. Section 361 will be
applicable unless the guardian of the minor agrees to surrendering guardianship of such
individual for a brief time or forever. Such consent must be with full information on the
purposes behind which such exchange of authority is made. On the off chance that the
individual is later subjected to acts not consented to by the guardian, this section will be
applied. On the off chance that any individual, minor or in any case is conveyed beyond the
borders of India without the consent of the individual or guardian, it is viewed as abducting
from India under Section 360.93
➢ Wrongful Restraint or Wrongful Confinement
The instances where such persons are kidnapped or abducted usually involves wrongful
confinement or restraint at some point at least. This crime attracts a punishment under Section
34194 of the Act. Trafficked persons are often transported to places that are at some distance
from their hometowns.

➢ Criminal Conspiracy
Section 120A and 120B of the Act95 deal with criminal conspiracy. Section 120A does not
require for an act to be committed and this makes it an important tool in prevention of human
trafficking. These sections ensure that the cases where the police are informed before the
offence is committed and is in the planning position, it can be prevented and these people can
be held liable.

93
“Resource book on the legal framework on Anti-Trafficking” Availabe at [Link]
trafficking/India_Training_material/Resource_Book_on_Legal_Framework.pdf (Accessed on 20th February 2025).
94
Supra Note 48, Section 341.
95
Supra Note 48.

41
 ➢ Criminal Force or Assault
Section 349 to 355 are focused on force used without consent to commit an offence. Criminal
force is basically doing an act of force knowing that it will result in injury, fear or
annoyance.96 There is a likeliness of force to be used at some point in the process of
trafficking. Where it is used, it will amount to criminal force as it has been used to commit
the offence of trafficking. Even if criminal force itself is not used, there may be assault which
is a gesture or preparation which is likely to cause apprehensions of the use of criminal force.
The offences of criminal force and assault other than on grave provocation are punishable.97
➢ Cheating
If any person fraudulently or dishonestly induces another person to perform any act that causes
harm to mind, body or reputation of that other person, it will attract Section 415 of the Act 98.
This offence may be committed to fraudulently lure a victim to be trafficked or to dishonestly
take that person away.99
➢ Criminal Trespass
Unlawful entry into or upon someone else’s property with an intent to commit an offence or to
annoy or insult or intimidate such person amounts to criminal trespass.100 When it comes to
application in the cases of trafficking, this section can be attracted in cases where the trafficked
person was taken away from the property belonging to someone else, which may or may not be
the parent or lawful guardian of the child or in lawful possession of the person abducted101
➢ Criminal Intimidation
In various trafficking cases there is threatening to cause harm to either the victim or their
property or to the reputation of the victim of any person they may have an interest in. Such threat
may be for various purposes including for the commission of an offence, to kidnap, to abduct,
or even to force the person threatened into commercial sexual exploitation/ forced labor,
transplantation of organs, etc.102 This attracts the sections 503-509 of the Act.103

96
Supra Note 48, section 350.
97
Supra Note 115.
98
Supra note 48.
99
Supra Note 115.
100
Supra note 48, Section 441.
101
Supra note 115.
102
Ibid.
103
Supra note 48.

42
 ➢ Rape and Sexual Intercourse not amounting to Rape
Women and children are often raped in the process of trafficking. This happens especially in
cases where the trafficking in persons is for the purpose of commercial sexual exploitation.
Rape can occur at various points during the process of trafficking. It can be at the source from
which the victim is taken away or during transit or once they reach the destination. If a child
under the age of 16 years is sexually exploited, it amounts to statutory rape.

➢ Attempt to commit Offences

This section can be used most effectively in the cases relating to trafficking and therefore is
considered to be the most important. This section plays an important role in case of insufficient
evidence to prove actual commission of an offence like in cases of rape, abduction, kidnapping,
unnatural offences and other offences against human body.104
➢ Slavery
Section 370105 criminalises slavery. It can be applied in cases where the trafficked person is
kept against their own will and not paid renumeration for work done by them or in cases where
the trafficked person is forced to do unsuitable work as it amounts to slavery under this
section.106
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
This Act under its section 3 calls for punishment of the offence of committing atrocities against
the people belonging to Scheduled castes and Scheduled tribes.107 Most of the victims of
trafficking in persons belong to marginalized groups and the traffickers tend to target these
areas as they are vulnerable socially and economically. This can be used to prevent or combat
the offence of trafficking of Scheduled castes and Scheduled tribes in cases where the offender
has knowledge of the victim’s status of belonging to such community.108

104
Ibid., Section 375 and Section 376.
105
Supra note 48, Section 511.
106
Ibid.
107
Ibid.
108
Ibid.

43
 Immoral Traffic (Prevention) Act, 1956
This legislation deals with the offences of trafficking for Commercial Sexual Exploitation in
specific. Under its Section 2 the Act defines ‘Brothels’, ‘child’, ‘Minor’, ‘major’, ‘prostitution’,
‘public place’. Section 3 of the Act calls for punishment for the holder of a brothel or anyone
who allows the premises to be used as a brothel. The aim behind this section is so that there is
no legal place for these traffickers to run this immoral business. Section 4 of the Act criminalises
living on the earnings from prostitution, it is applied to people above the age of 18 years with
the primary object being punishment to the commercial sexual exploiters who push women
into prostitution and make economic gains from the same. This Act by the virtue of its Section
5 Criminalizes the procuring, inducing, or taking of a person for the purpose of prostitution.
Section 6 of the Act criminalizes detaining a person in premises where prostitution is carried
on. Section 8 of the Act criminalizes the act of seducing or soliciting for the purpose of
prostitution so as to make the brothel keepers, traffickers involved to be liable. Section 7
criminalises the act by any person who has the custody, charge or care of another person and
they cause or abet the seduction for prostitution of that person.109

109
Ibid.
44
POLICIES AND PLANS

The National Plan of Action for Children, 2005

The MWCD, commits itself to ensure that all the rights of children up to the age of 18 years
are protected. This plan of action aims to undertake all measures and create an enabling
environment for survival, growth, development and Protection of all children, so that each child
can realise his or her inherent potential and grow up to be a healthy and productive citizen. This
calls for collective commitment and action by all sectors and levels of government and
partnership with families, communities, voluntary sector, civil society and children
themselves.110
Federal Laws with respect to Children and Data Collection
The 3 main acts that deal with the protection of children are Juvenile Justice (Care and
Protection of Children) Act, 2015, Commissions for Protection of Child Rights (CPCR) Act,
2005 and Protection of Children from Sexual Offences Act (POSCO), 2012.9
The responsibility for the data collection lies on the National Crime Records Bureau (NCRB)
but it is the only source of data available that regularly monitors and tracks crimes against
children.

110
Supra note 80
45
SCHEMES AND PROGRAMMES
➢ Beti Bachao Beti Padhao
This scheme has been enacted with keeping the welfare of a girl child in mind. The main
objective being protection of girl child against the social evils(female foeticide) and
empowerment by providing these girls with education.111
➢ Sukanya Smridhi Yojana
As a follow up to the beti bachao yojana this scheme comes with a deposit scheme with
attractive interest rates and tax benefits.112
➢ Sukanya Smridhi Account
This scheme is for girl child of age 10 years and below. The account can be opened up in
the name of the girl child with a minimum deposit of amount Rs. 250/- and a maximum
deposit of Rs. 1.5 lacs during one financial year.113
➢ National Scheme of Incentive to girls for Secondary Education

This scheme encourages education of the senior secondary level for girls. This scheme also
encourages the girls belonging to Scheduled caste and Scheduled Tribes communities
within the age group of 14 to 18 years old to complete their secondary level education.114
➢ Scheme for Adolescent Girls
The objective of this scheme is to make girls self-sufficient and to empower them by raising
awareness about hygiene, nutrition and health.115
➢ Udaan
This scheme has been enacted by the Central Boards of Secondary Education to encourage
girls to take up higher education. This scheme aims to provide free online resources to all
with an additional focus on 1000 girls from disadvantageous sectors.116

111
“Implementation of the Goa Children’s Act, 2003 with special protection of the girl child in the State of Goa- A
critical Study’ Available at
[Link]
(Accessed on 21st February 2025).
112
Ibid.
113
Ibid.
114
Ibid.
115
Ibid.
116
Ibid.

46
 ➢ Child line Services
Child line services is a 24-hours run telephone service under the purview of MWCD,
available to all the children in distress or to adults on behalf of children in distress. The basic
objectives are to respond to the emergency needs of the children in difficulty and to provide
referral services, to provide a forum for networking among government and non- government
agencies, to sensitize medical personnel, police, municipal corporation etc. towards the needs
of children. There are more than 80 working child line services in India. These work to ensure
the protection of rights of the child and to provide an opportunity to the communities to
respond to the needs of the children in difficult circumstances.117

➢ National Child Labour Project Scheme

The Ministry of Labour and Employment is implementing the NCLP, which is a project-based
action programme. Under this the working children are withdrawn from work and put into
special schools for a period of maximum 3 years. They are provided with an accelerated
bridging education, pre-vocational training, stipend, mid-day meal, and health care facilities
etc. A central committee is set up for monitoring and evaluation of the national child labour
projects. There have been set ups at the state level as well for similar monitoring committees.118
The social and economic status of the marginalised groups plays an important role, there are
many groups who live in areas that are vulnerable to trafficking. It has been observed that it is
important to improve this status so that they no longer land as a prey to traffickers. A number of
schemes are being implemented for poverty alleviation and economic empowerment. Some of
these schemes include special schemes for the protection of the girl child as they as they are
considered to be the most vulnerable group. Some of these schemes are enumerated below-119
➢ Dhanlakshmi
This scheme offers conditional cash transfer for a girl child’s mother on performance of
certain conditions like birth of a girl child and registration of her birth, immunization,
enrolment and retention in school etc. They are also offered cash deposit if the girl child
remains unmarried till her legal age i.e. 18years

117
Supra note 80.
118
Ibid.
119
Ibid.

47
 Kishori Shakti Yojana (Adolescent Empowerment Scheme)
This scheme is implemented by the MWCD and targets the age group of 11 to 18 years old age
group of girls. This scheme addressed their self-development, nutrition and health status,
literacy and numerical skills, vocational skills etc.120
Nutrition Programme for Adolescent Girls
This scheme addresses the problem of malnourished adolescent girls, pregnant women and
lactating mothers.121
Working Women’s Hostel
This scheme works to provide safe and affordable housing for women working away from their
homes. The government runs hostels for such women with facilities of crèches for their
children so that these children are in a protective environment.122
Indian Penal Code, 1860
This act penalises many crimes against children. This act deals with social evils like female
foeticide and infanticide under section 315123 and 316124 respectively. Indian penal code
punishes the act of abetment to suicide by the minor under section 305125 of the Act. Section
317 of the Act penalises crimes by parents against their children. This section states that it is a
criminal offence to expose or leave a child at any place with the intention of abandoning such
child.126 This code also punishes Kidnapping127, for the purpose of sexual abuse, begging from
the place of the child’s lawful guardianship.

120
Ibid.
121
Ibid.
122
Ibid.
123
Supra note 48, Section 315.
124
Supra note 48, Section 316.
125
Supra note 48, Section 305.
126
Supra note 48, Section 317.
127
Supra note 48, Section 360, Section 361 r/w Section 363, Section 363A and Section 364.

48
 LEGAL ANALYSIS

Analysis of Immoral Traffic (Prevention) Act, 1956

This Act provides for the punishment to a person keeping a brothel or allowing the premises to
be used as a brothel and also provides for punishment to any person above the age of 18 years,
living on the income from Prostitution. This act calls for the punishment to the people who
procure, induce or take another for the purpose of prostitution and punishes those who detain
another person in the premises of a brothel with an intent that such person may have sexual
intercourse with another person who is not the spouse of that detained person. This act also
criminalises the act of seducing or soliciting for the purpose of prostitution and empowers the
magistrate to order for closure of any such premises.128

Analysis Constitution of India

Article 23 of the constitution of India specifically prohibits the trafficking in human beings
and begging and other forms of forced labour. Article 39 of the Indian Constitution states that
the men and women should have adequate means of livelihood and equal pay for equal work
and that men and women and children should not be forced by economic necessity to enter
unsuitable avocations and that children and youth should be protected against exploitation.
Article 39A of the constitution directs that the legal system should ensure that opportunities
for securing justice are not denied to any citizen because of their economic or other
disabilities. These Articles are the driving force behind ensuring that the citizens of India are
not subjected to gross human rights violations.129

Bonded Labour System (Abolition) Act, 1976

This Act was enacted with the view to provide for the abolition of bonded labour system and
to prevent economic and physical exploitation of the weaker sections of the society. The
bonded labourers under this act are to be treated as the victims and not the offenders.130

128
“Human Trafficking” Available at [Link]
(Accessed on 22nd February 2025).
129
Ibid.
130
Ibid.

49
ADMINISTRATIVE RESPONSE

Anti-Trafficking Cell
This cell was set up by the Ministry of Home Affairs to act as a focal point for communication of
various decisions and to follow up on actions to be taken or have been taken by the State
Governments to combat the crime of Human Trafficking. The aim is to improve the effectiveness
in tackling the offence of Human Trafficking and to increase the responsiveness of the law
enforcement machinery.131
The Ministry of Home Affairs other than the Anti-Trafficking cell has also issued some other
advisories. These include Advisory for Prevention of crime of human trafficking, Advisory on
crime against children, Advisory on missing children, advisory on preventing and combating
cyber-crime against children, advisory on Human trafficking as organised crime, advisory on
preventing and combating human trafficking in India(main focus on dealing with foreign
nationals), Statement of Purpose to handle the trafficking of children for child labour, advisory on
web-portal for human trafficking and advisory regarding crime meeting.
The Administrative sector of the Indian Government has also been working on the strengthening
of capacity building so as to enhance the capacity of law enforcement agencies and increase the
awareness by giving them training workshops on how to combat trafficking.

Research and Studies

The Ministry of women and Child Development has undertaken research, studies and surveys on
the issues relating to the trafficking in persons on more than one occasion and various aspects of
the trafficking in persons.132
Awareness Generation
The ministry has awareness and sensitization as a built-in programme for its various models that
have been put in place to combat the tackling of the issue. The ministry has also developed a
strategy relating to communication in order to prevent trafficking in persons for the purpose of
sexual employment.133

“Human Trafficking” Available at [Link] (Accessed on 21st February 2025).

131

132
Supra note 80.
133
Ibid.

50
 Anti-Trafficking Nodal Cell
This was set up under the Ministry of Home Affairs ass a central agency and various state nodal
cells have also been set up to work at a state level and in coordination with the main Nodal
Cell.

Anti-Human Trafficking Units

This is a 2-year project that deals with the object to strengthen the law enforcement response to
the trafficking of persons in India through the process of training and capacity building. This
Unit was set up in collaboration with the United Nations Office of Drugs and Crimes. This
project was noted to have made remarkable progress and has trained a large number of police
officials and has conducted more than 300 training programmes.134

➢ SAARC Convention on ‘Preventing and Combating Trafficking of Women and Children

in Prostitution’ (SAARC Convention)
India has taken the leadership role among the SAARC countries and under this the provisions
of this convention are applied using task forces that first met in the year 2007 and India offered
to disseminate the best practices and development of standard procedure to implement these
provisions and help build training and capacity building programmes.135

134
Ibid.
135
Ibid.

51
 STATE GOVERNMENT INITIATIVES

The State Governments of India have taken various pro-active steps to prevent and combat
trafficking of women and children in commercial sexual exploitation.

Andhra Pradesh
The Women Development, Child Welfare and Disabled Welfare Department under the
Government of Andhra Pradesh has taken various pro-active steps to prevent and combat the
issue of trafficking in persons. These include pro-active steps under the law enforcement
department by establishing a number of anti-trafficking units and the Department has
established 29 Swadhar homes under an initiative to support the victim of trafficking and
vulnerable children. The Government of Andhra Pradesh has also launched a project named
AASARA to prevent the second generation of trafficking. There have been conduction of
various workshops and trainings along with effective steps taken for the mobilization of the
community to create awareness and prevent trafficking in persons.136

Bihar
The government of Bihar has constituted an action plan by the name of “Astitva” for the
prevention of trafficking in persons while at the same time combating the evil. The state
government has also designed a comprehensive plan with the aim of supporting women to
achieve social, cultural, and economic development and empowerment. Various helplines and
short stay home have been established to help the victims and to rescue them and provide a safe
place. There are various social awareness schemes in place to help prevent trafficking in
persons.137

136
Ibid.
137
Ibid.

52
 Chhattisgarh
The state government in Chhattisgarh has set up committees at district levels for the
prevention of atrocities against women and to prevent trafficking in persons across the 16
districts of the state.138

Goa
Keeping in consideration the growing incidences of the commercial sexual exploitation the
state government has enacted the Goa Children’s Act to promote and protect the best interest of
children, including those children who belong to the victims of trafficking and commercial
sexual exploitation. The state government has implemented a scheme for shelter homes for
women who are victims to the trafficking in persons. The state government also runs a
rehabilitation scheme for the trafficked victims and provides them protective homes and
medical facilities.139

Gujrat
The state of Gujrat has conducted a training programme on garment making for the effective
implementation of the Immoral Traffic Prevention Act, 1956. The government has also set up
various protective homes for providing care and protection to the victims of the trafficking.212

Himachal Pradesh
The state government constituted an authority that operated at a state level advisory under the
chairmanship of the chief secretary. The state government has also set up a cell that has
Inspector General of Police as its head. His duty was to monitor the crime of Immoral Trafficking
and Sexual Exploitation.213

138
Ibid.
139
Ibid.
140
Ibid.
141
Ibid.

53
 Karnataka
This state’s main focus was to eradicate the Devadasi System that is still present in some areas
of the state. The government of this state implemented the Karnataka Devadasis (Prohibition
of Dedication Act, 1982 to prevent the act of dedication of women as devadasis in that state.
The state department of women and Child development formulated an action plan with respect
to the involvement of other relevant departments like Police, Education and Labour and NGOs.
Around 28 welfare committees were set up in the different districts of this state under the
Juvenile Justice Act and 44 children homes were set up in the state along with 34 fit institutions
run by the NGOs to provide education, training and rehabilitation.142

Madhya Pradesh
The state department of women and child development in Madhya Pradesh implemented the
Rajkiya Mahila Uddhar Girha Scheme in order to prevent the trafficking in women and to
prevent prostitution.143

Orrissa
The state government constituted a committee at the state level in order to combat trafficking
and sexual exploitation of women and children. The state government also set up Mahila and
Shishu desks in all the police stations of the state in order to provide help to those in need.144

Tamil Nadu
The state government constituted a coordination committee to discuss the various issues with
respect to trafficking in persons. Several district level committees were constituted to combat
trafficking in persons and various village level watch-dog committees were also constituted in
every Panchayat.145

142
Ibid.
143
Ibid
144
Ibid.
145
Ibid.

54
 CHAPTER 6
JUDICIAL RESPONSE

The Supreme Court of India has sought to improve the conditions of commercial sex workers and
their children through their landmark judgment. It was held that the children of sex workers should
not be segregated from the society but instead they should be allowed to mingle with others to help
them become the part of the society. This will ensure that these children are not forced or inclined
towards becoming the second generation of sex workers and help increase awareness among
them.146 The protection for children called for a significant decision and the Mumbai High Court
gave directions that in cases where the person is below the age of 18 years of age the magistrate
must transfer them to a Juvenile Bord in case the child is in conflict with law and in cases where
the child id in need of care and protection,, the child must be referred to the Child Welfare
Committee.147
The Judicial response hand in hand with the administrative response has made a large difference
the Judiciary has worked with the child welfare committee in order to ensure justice and to provide
care and protection to the victims of abuse towards children. In an instant case of Kashish Batra v.
State148 complaint submitted by the Prosecutrix dealing with the circumstances of the present bail
application filed by the petitioner stated, that the prosecutrix is a minor girl studying in 8 th
Standard, who after getting into a fight with her father and brother left her home after her brother
slapped her because of a disagreement. After she left, she got into a battery rickshaw but she did
not have any mobile phone or money. The prosecutrix stated that in that rickshaw she met one
Imrana who told the prosecutrix that she runs an NGO and took her to her home, gave her food
and then took her to KNF Hotel, Gurgaon where the petitioner was present. The prosecutrix stated
that the petitioner and Imrana gave her something to drink which made her semiconscious and then
the petitioner raped her. She stated that despite not being fully conscious she could feel that she
was being raped and could feel the petitioner removing all her clothes. The prosecutrix was kept
in the hotel for 3 days and when she asked to be taken home, Imrana took her home but told her
that she should not reveal that she has been raped to anyone. The prosecutrix was scared of staying
at her own house with her parents and came back to Imrana, who then took her to one Rashid.

146
AIR 1998 SC 2848, GAURAV JAIN V. UNION OF INDIA.
147
MHLJ 2003(2) 105, Prerana v. State of Maharashtra.
148
2021 SCC Del 2663

55
Rashid took the prosecutrix to Moti Nagar and raped her after which the prosecutrix ran away from
Rashid and Imrana and went to greater Noida where a man named Mukesh gave her his phone and
she spoke to her boyfriend Nadeem, who asked her to come to Meerut but once she got there,
Nadeem refused to keep her. Mukesh then took her back to Greater Noida where she stayed at his
house for 14 days and her family was informed. After which her uncle took her back home. The
Child Welfare Committee in their report of the case stated that the facts divulged by the victim,
invoke POSCO Act and Human Trafficking. It is noted that Imrama took the victim with her to
the KNF hotel where she was raped and after that she started pressurising the victim to sleep with
men and to join the business of prostitution. The owner of the Hotel even offered the victim Rs. 2
Lacs. Considering the grave circumstances of the case and the age of the victim, it was held that
the petitioner cannot be given bail as there is a huge chance that the petitioner may pressurise the
victim.149 The child Welfare committee played an important role in this case by furnishing the
report on the circumstances of the case and helping the victim who is a minor child get counselling
so that she can be bought to justice and to ensure that she is not harmed again.
The supreme court has laid down various guideline for the purpose of providing rehabilitation care
and facilities to the victims of abuse in an instant case a writ petition was filed by the way of Public
Interest Litigation in the case of Vishal Jeet v. Union of India150 under which it was requested to
institute an enquiry against the police officers under whose jurisdiction Red Light areas as well as
Devadasi and Jogin traditions are flourishing and to take necessary actions against such erring
police officers and law breakers. It was requested to bring the victims engaged in prostitution/ flesh
trade to be bought into protective homes of the respective states and to provide them medical care,
shelter, education and training and to help them choose a more dignified way of life. It was also
requested to bring the children of those prostitutes and other children found begging on streets and
also girls pushed into ‘flesh trade’ to protective homes and then to rehabilitate them. The reasons
behind this writ petition was said to bt that many unfortunate females in their teenage years and girls
in full bloom are being sold in various parts of the country. Many parents send their children away
to work as household labour hoping they will get better opportunities by the brokers or pimps of the
flesh trade hunt these children and take them away using deceitful means.

149
Bail Appln. 477/2021
150
AIR 1990 SC 292

56
These girls are then treated brutally and starved for days until they succumb to the demands of the
brothel keepers. The petitioner states that traditions of devadasi and jogin being prevalent in many
areas of the country should be put to an [Link] court observed that the situation of prostitution
and its causes and ill effects in the end gains no one. The situation is highly deplorable and it is
disheartening that so many poverty-stricken children, women and girls in their youth are taken to
be sold off in the “flesh market”. It is said that it is an utter violation of all cannons of morality,
decency and dignity of humankind and needs to be eradicated using drastic steps. It was said that
the importance of child welfare in a civilised society cannot be over emphasised enough as it in turn
amounts to the welfare of entire community, its growth, and development.
The Supreme court in this laid down some direction in this regard:
➢ All state governments were asked to direct the concerned law enforcing authorities to take
appropriate and speedy action without leaving any room for complaint.
➢ They were advised to set up Advisory Committees within their respective zones consisting
of the Social Welfare Department or Board, the Secretary of the law department,
sociologists, criminologists, members of women’s organizations, members of Indian
council of child welfare, and Indian council of social welfare as well as members from
voluntary organisations and associations with their main objective being the measures to
be taken to eradicate the child prostitution, social welfare programmes to be implemented
for the care, protection, development and rehabilitation of the young victims that are
rescued.
➢ The state governments were advised to take steps providing adequate and rehabilitative
homes manned by well-qualified trained social workers, psychiatrists and doctors.
➢ The union government was also advised to set up a committee of its own in the line with
the main object being welfare programmes to be implemented on the national level for the
care, protection, rehabilitation etc.
➢ The Central and State governments were also advised to devise machinery of their own to
ensure proper implementation of the suggestions that would be made by the respective
committees.
➢ The Advisory Committee was directed to go deep into the Devdasi system and Jogin
tradition and give their valuable advice and suggestions as to what best the government
could do.

57
 The Supreme Court has in its judgments not only considered the physical aspect of the abuse
but also given much thought to the mental trauma that the victims of trafficking go through. In
the case of Bandhua Mukti Morcha v. Union of India151 a writ petition was filed by a public
spirited organisation on behalf of persons belonging to socially and economically weaker
sections complaining violation of their human rights on being forced as bonded labourers. The
Supreme Court directed for the rehabilitation of bonded labour and directed the government to
award compensation to the rescued labourers as per the provisions of Bonded Labour System
(Abolition) Act, 1976 considering the serious human rights violation. The rehabilitation of the
bonded labourers was held to be of great importance as if not rehabilitated their condition will
only worsen and they will be exposed more to the exploitation. Four main features of
rehabilitation were laid down to be-
➢ Psychological rehabilitation- it is very important that this goes along with the physical and
economic rehabilitation.
➢ Physical rehabilitation and economic rehabilitation- there are 15 elements to this type of
rehabilitation which includes allotment of houses along with agricultural land, land
development schemes, low costing dwelling units for them, provisions for health care,
credits and sanitation facilities along with supply of essential commodities like education
for children and protection of the rights of bonded labourers and their families.
➢ Scope for bringing out integration among different central and state schemes to provide a
more qualitative rehabilitation.
➢ The view of the labour that is being rehabilitated is also very important. their imput should
be taken into consideration as to where they should be rehabilitated and they should also
be given a choice between various alternatives.

The judiciary has tried to curb the malpractices of trafficking in children in connection with
adoption of Indian Children by foreigners living abroad as this issue has become quite prevalent
in the recent times. The Supreme Court in the case of Lakshmi Kant Pandey v. Union of India152
laid down directions with respect to principles and norms to be followed in cases of such adoption.

151
(1984) 3 SCC 161
152
(1984) 2 SCC 244

58
The Supreme Court stated that in a civilized society the importance of the child welfare of the
entire community cannot be overemphasised. It is the welfare of a child that shapes the growth and
development for the entire community. The children are considered to be a supremely important
national asset. Children need special attention and protection due to their tender age and incapacity
to look after themselves. This is one of the reasons why it is believed that the children must be
bought up in an environment of love and affection so that the can attain full emotional, intellectual
and spiritual stability and maturity and acquire self-confidence and self-respect and a balanced
view of life with full appreciation and realisation of the role which they have to play. It was said
that children’s programmes should find a prominent part in our national plans for the development
of human resources so that they can grow up to be robust citizen who are physically, mentally and
morally healthy.

The Supreme Court of India gave responsibilities to the NHRC along with the detailed directions
in the case of Public Union for Civil Liberties v. State of Tamil Nadu and Ors 153. The Supreme
Court directed the district magistrates to effectively implement sections 10, 11 and 12 od the
Bonded Labour System (Abolition) Act, 1976. The Supreme Court expected them to discharge
their functions with due diligence, empathy and sensitivity.154
The Supreme Court laid down that the matter of violating prohibition of employing child labour is
the worst offence as it in an all-India evil though the acuteness of this issue varies from area to
area. It was laid down in the case of M.C. Mehta v. State of Tamil Nadu155 in which the Supreme
Court laid down that the main way to tackle the problem of child labour. In order to ensure that
the children get education, it is important to assure the income of the family so that they do not
send the child off to work. It is important that the children below the age group of people allowed
to work are given education in the view of this being their fundamental right. It is important that
the children are given ample opportunities and facilities to develop in a healthy manner and
childhood is protected as this is the driving force behind Article 39(f) and the intent behind the
enactment of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1988

153
(2013) 1 SCC 585
154
Ibid.
156
AIR 1997 SC 699

59
It was also laid down that in the view of this Act the offending employer must be asked
to pay compensation for every child employed in contravention of the provisions of the Act a sum
of Rs. 20,000 which is to be deposited in Child Labour Rehabilitation-cum-Welfare Fund.

The Supreme Court passed a direction calling for the constitution of a committee to make an in-
depth study of the problems relating to prostitution, child prostitution and children of prostitutes
to help evolve suitable schemes in order to rescue and rehabilitate such victims in the case of
Gaurav Jain v. Union of India157. The Supreme Court in this case observed that there is a need to
tap into the ground realities of these situations with meaningful actions apart from the
administrative actions.
In an instant case involving the murder of a sex worker158. The deceased was living in a red light
area in Calcutta. Budhadev kicked her with legs and beat her with fists due to which she fell down
on the floor, the accused then caught her by her hair and banged her head against the floor and the
wall several times which left the victim bleeding from her nose, mouth, ear and head. There were
4 witnesses to this crime. The nature of the crime was ruled out to be brutal and it was held that
the trial court had rightly convicted the accused. The imprisonment of the accused was upheld by
the High Court and the same was reaffirmed by the Supreme Court. It was noted by the Supreme
Court that a woman is compelled to indulge in prostitution due to poverty and not for her own
pleasure and that if such women are given the opportunity to get vocational training or technical
training, she will be able to earn a livelihood based on her skill instead of relying on her body. The
Supreme Court directed the Central and State governments to prepare schemes for giving technical
or vocational training and schemes to rehabilitate and settle such women with employment. It was
held that the prostitutes also have a right to live with dignity under Article 21 of the Constitution
of India since they are also human beings and their problems also need to be addressed and this
reasoning was the driving force behind the direction of the Supreme Court.

A Public interest Litigation was filed for emancipation of the Bonded Labour in the case of
People’s Union for Democratic Rights v. Union of India159. The Supreme Court in this case defined
the Forced labour using Article 23 of the Indian Constitution. The Supreme Court laid down that

157
(1997) 8 SCC 114
158
(2011) 11 SCC 538
159
(1982) 3SCC 235
60
the main question that arises when a person provides labour or service to the State or any other
person and is paid less than the minimum wage is breach of Article 2. It was observed that the
reason as to why one may be willing to provide labour for less than the minimum wage amount is
that they may be forced to do so. Article 23 clearly prohibits forced labour which means that it
prohibits a service or labour that the person was forced to provide. The force can be physical which
may compel a person to comply or it may be a force exerted through legal provisions such as
imprisonment or fine in case the person fails to provide labour or it may be a compulsion resulting
from hunger or poverty, want or destitution. Any of these factors can amount to force resulting in
forced labour. In cases where a person is suffering from hunger or starvation and has no resources
to fight disease, nakedness, to feed themselves or their family and the person has been broken and
reduced to a state of helplessness and despair and in cases where there might not be any other job
opportunities available, and the person is left with no choice but to accept the low paying job he
will be in no place to bargain with the employer; he would have to accept what is offered to him.
This acceptance does not amount to his free will and the compulsion of the circumstances will
amount to “force” and it will be a direct violation under the Article 23 of the Indian Constitution.
There is no reason why the word “forced” should be read in a narrow and restricted manner so as
to be confined only to physical or legal “force” particularly when the national charter, its
fundamental document has promised to build a new socialist republic where there will be socio-
economic justice for all and everyone shall have the right to work, to education and to adequate
means of livelihood. he word “force” must therefore be construed to include not only physical or
legal force but also force arising from the compulsion of economic circumstances which leaves no
choice of alternatives to a person in want and compels him to provide labour or service even though
the remuneration received for it is less than the minimum wage.160

The Supreme Court in the case of Neerja Chaudhary v. State of Madhya Pradesh161 gave directions
for the rehabilitation of bonded labourers. The Supreme Court stated that the rehabilitation must
follow in the quick footsteps of identification and release. In cases where the bonded labourers
released are not rehabilitated, they will be driven to a state of extreme poverty, despair and

160
“Landmark rulings of the courts in India on combatting human trafficking” Available at
[Link] (Accessed on
21st February 2025).
161
AIR 1984 SC 1099

61
helplessness only to fall prey to such evils again. The Supreme Court called for the social groups
to be fully involved in the task of identification and release if the bonded labourers. The Supreme
Court directed for district and sub-divisional level vigilance committees and stated that these
communities should have meetings at regular intervals and be equipped with officers that are
socially committed, motivated and inspired to do better and these officers should be provided with
training and be sensitized so that they may develop a sense of involvement with the suffering of
the poverty stricken people in need.162

The Supreme Court Discussed the provisions of the CEDAW in the case of Madhu Kishwar v.
State of Bihar163 and held that it is an important part of the scheme of fundamental rights and the
directive principles under the Indian Constitution. There is a need to end the gender based
discrimination and that the development of women is integral to the basis of Indian Constitution
and Human Rights Act. The Supreme Court stated that it is the duty of the National Commission
to ensure proper implementation as well as prevention of violation of human rights and
fundamental freedoms under Section 12 of the Protection of Human Rights Act.

The Bombay High Court examined the court process for child victims of trafficking in the case of
Prerana v. State of Maharashtra164 and laid down the guidelines to ensure the need of care and
protection of a child are dealt with the possibility of their reformation and rehabilitation kept in
mind. It was laid down that no magistrate can exercise jurisdiction over a person under the age of
18 years whether that person is a juvenile in conflict with law or a child in need of care and
protection. Steps must be taken at the very first instance to insure the age of a person who seems
under 18 years of age. In case the person is found to be under the age of 18, the case must be
transferred to the Juvenile Justice Board if the person is in conflict with law and in case the person
is a child in need of care and protection, the case must be transferred to the Child Welfare
Committee. This procedure is to be observed in cases of person rescued from a brothel or
someplace else or a young person found soliciting in a public place under the Immoral Trafficking
(Prevention) Act, 1956.

161
Supra note 232.
162
(1996) 5 SCC 125
163
Supra note 220.

62
The Juvenile should only be released to the care and custody of a parent/guardian after such
parent/ guardian has been found fit by the Child Welfare Committee. In Cases where the parents or
the guardian is found to be unfit, the child must be rehabilitated.164

The Problem of sexual abuse by immoral trafficking of children to force them somehow to enter
in the business of prostitution is very old and needs to be tackled at both Central as well as State
levels with utmost care and precaution this was reiterated in the case of Munni v. State of
Maharashtra165. Poverty, illiteracy or helplessness in parents or guardians may make a minor girl
vulnerable to sexual abuse/exploitation. Protection of children against any perceived or real
danger/risk to their life, and childhood is a necessity. The main aim is reducing their vulnerability
to any kind of harm or harmful situations. Protecting children against social, psychological and
emotional insecurity and distress is also very important. It must be ensured that no child falls out
of the social security and safety net and in case a child does fall out of the safety net, they must
receive necessary care and protection to be brought back into the safety net by child-friendly
measures. Child Welfare Committee is capable of doing a commendable service to fight against
child abuse and to protect children from child abuse of various forms. The decision as to protective
custody of the child in need of care and protection with a view to rehabilitate the rescued minor
child is best left to be considered by the competent quasi-judicial authorities like Child Welfare
Committees as they have the power to pass appropriate orders to protect the dignity of the child as
well as decide in the best interest of the child. The main aim is the welfare of the child and Child
welfare Committees have the final say to dispose of the cases for the care, protection, treatment,
development and rehabilitation of the children as well as to provide for their basic needs, protection
and restoration to their family or in some cases rehabilitation.166
The Supreme Court denied the bail application of the accused in the case of Geeta Kancha Tamang
v. State of Maharashtra167 as this was a case involving child trafficking.

164
Ibid.
165
Cr. W.P. No. 277/2011 (Bom)
166
Ibid.
167
2009 SCC OnLine Bom 1835
63
The accused was said to be a brothel owner/keeper and she was convicted for the same under the
Immoral Trafficking Act, 1956 for detaining a minor in the brothel she runs for the purpose of using
the minor in commercial sex with persons. The raid conducted by the police reported that the child
complained about the ill-treatment she received from the hands of accused and also that she was
detained against her will after being brought from her native place. She was rescued along with
several other girls from the premises of the brothel. The mercy grounds claimed by the accused on
the ground of already serving 14 months imprisonment were denied by the court. The Bombay
High Court noted that it is the right of every citizen of India under the Article 23 of the Indian
Constitution to not be trafficked and therefore this heinous crime is prohibited. This offence is the
grossest form of Human Rights violation and is prone to repetition as the accused was said to be
the brothel owner and she carried on the business of running the brothel. It was noted that no efforts
were made to seal the premises of the brothel or to evict the offenders from the premises of the
brothel which increases the chances of the same offence being committed again as she is the owner
of the premises.168
In the case of State of A.P. v. Bodem Sundara Rao169 an appeal was filed against the decision of
the High Court of reducing the sentence of the convicted person for the rape of a minor girl aged
between 13 and 14 years from 10 years of rigorous imprisonment to 4 years of rigorous
imprisonment. The Supreme Court noted that in the recent years there has been a rise on the crimes
against women and this crimes are an affront to the human dignity of the society. Imposition of an
unfair sentence and particularly against the legislative mandate is not only an injustice. To the
victim of the crime but also to the society in general and it also encourages the offender/ criminal.
The courts are under an obligation while awarding the sentence to impose appropriate punishment
so as to respond to the society’s cry for justice. The courts are required to keep not just the rights
of the criminal in mind but also the rights of the victim and the society at large. The offence of
rape of a 13 to 14 years old minor girl is a grossly heinous crime and considering that the sentence
was enhanced to 7 years of rigorous imprisonment.
In the case of Bachpan Bachao Andolan v. Union of India170 a writ petition was filed detailing the
instances of different forms of child exploitation, abuse and inhuman treatment.

168
Ibid.
169
(1995) 6 SCC 230
170
(2011) 5 SCC 1

64
The petitioner prayed for the issuance of appropriate guidelines for persons engaged in circuses
and to conduct simultaneous raids in all the circuses by CBI to liberate the children and to check
the gross violation of all fundamental rights of the children and also prayed for special forces to be
appointed in the borders to ensure action and to check the cross-border trafficking. This case was
limited to the children working in the circuses and accordingly the court issued the following
guidelines-
➢ The court stated that it is important that the central government issues suitable notifications
prohibiting the employment of children in circuses and that the responsible governments
should conduct simultaneous raids.
➢ The court directed that the rescued children should be kept in the care and protection of
protective homes till they attain the age of 18 years.
➢ The government was directed to make schemes for the proper rehabilitation of the rescued
children.
In this case the Supreme Court laid down the guidelines for the search of Missing children in
the case of Hori Lal v. Commissioner of Police, Delhi171. The Supreme Court observed that
while not all missing children are trafficked children, most of the trafficked children are the
cases of missing children. The following guidelines were issued for effective search of
kidnapped minor girls-
➢ The Investigation officers in all the states were asked to Publish photographs of the missing
persons in the Newspaper and to telecast them promptly and in not later than one week
from the date of receipt of complaint.
➢ The investigating officers are required to make inquiries in the neighbourhood, the place
of work or study of the missing girl from her friends, colleagues , acquaintances or relatives
etc.
➢ The investigating officers were also directed to contact the Principal, class teacher and
students at the missing persons and to conduct inquiry into the whereabouts from the
extended family of relatives, neighbours, school teachers including the friends of missing
girl or woman and to make necessary inquiries in the past incidents or reports of violence
in the family.

171
2002 SCC Online SC 37
65
 ➢ The Investigation officers were directed to follow up to ensure that the records requested
from the parents and examine them for clues and search hospitals, mortuaries after
receiving the complaint and to reward furnishing clues about missing persons ant the
concerned police commissioner of the DIG/IG of the state was directed to feasibly
establish a multitask force to locate the children and women.

The court stated that the 1998 Plan of Action to combat trafficking and commercial sexual
exploitation of women and children had not delivered the desired results and more stringent
measures are needed in today’s age in the case of Kamal Jeet v. State (NCT of Delhi) 172. The
court observed that the penal statutes of other countries in relation with “organized crime” are
the need of the hour.

172
2013 SCC OnLine Del 5158

66
 CHAPTER 7
CONCLUSION

It is suggested that to enhance the capacity building of the law enforcement to deal with the
todays era of organised crimes, there is a need for training and vocational campaigns with
respect to combating the trafficking in human beings.
The United Nations protocol contains provisions that are aimed at preventing trafficking. The
States are required to establish policies and programmes aimed at the prevention of trafficking
and for the protection of trafficking persons from falling prey to the exploiters again. The
traffickers exploit the circumstances surrounding the victims and in turn cause them harm. The
policies, programmes and strategies have to be focused on these issues to help these victims
and the potential victims out of the situations of inequality and injustice. The OSCE action plan
deals with various aspects of combating trafficking in human beings. These action plans deal
with measures relating to data collection and research, border measures, economic and social
policies aimed at addressing the root causes of trafficking in human beings, measures relating
to raising awareness and legislative measures to combat the problem of trafficking.
The United Nations Office on Drugs and Crimes proposes the action points in research and
awareness. It lays down that to promote a system wide coherence there is a need for expansion
of the reach of the information of the trafficking in persons. This includes research and
information and promotion of the work done by UNODC. The UNODC also calls for the
promotion of protocols and capacity building. It calls for providing detailed information on the
implementation of the convention and its protocols to further enhance review mechanisms.
The UNODC lays down that to ensure high-quality, comprehensive and consistent assistance
a pro-active approach is to be adopted. The pro-active approach includes detailed guidance
notes for the training of the staff and provisions for advising the development and
implementation of the programmes. It is important to recognise the importance of the role of
United Nations Office for Drugs and Crimes so as to ensure there is a coordination between
other agencies dealing with the same. Trafficking in persons is a multifaced issue and it
accordingly calls for comprehensive approach. The efforts designed to provide victim support
is essential to resolve this issue. The approaches to tackle this issue depends on the countries
of origin and destination.

67
The different approaches comprise a focus on trafficking as an offence to establish effective
sanctions and punishments for the people found guilty. The second approach includes a human
rights approach which aims to provide help for the victims of trafficking. The United Nations
have taken different measures as a human rights approach to tackle the issue of trafficking in
persons. Over the last decade a considerable amount of work has been done by the international
organizations, NGOs and the member states to raise the knowledge and to help prevent and
combat the human trafficking and migrant smuggling. The different member states have taken
different steps to enact legislations to counter the issue of trafficking in persona and the
smuggling of migrants. Despite of the progress that has already been made there is a need for
more research in order to understand the causes, consequences and scope of human trafficking
and migrant smuggling. Due to the lack of data collection and research with respect to these
issues, it is often difficult to obtain a full picture of the scope of these problems. The main focus,
when It comes to prevention of these crimes is on raising awareness and knowledge in both the
countries of origin and destination. Importance has been laid on the campaigns to be evidence-
based and that their impacts should be calculated. There have been various mechanisms
focused on inter-agency coordination that are focused in ensuring that there is coordination in
relation to trafficking in persons and migration- related issues. The United Nations acts as a
guardian of Organised Crime Convention and its Protocols on Trafficking in Persons and
Smuggling of Migrants. There are clear mandates with respect to efforts to prevent and combat
trafficking in persons, to protect and assist the victims and smuggled migrants and giving full
respect to their human rights, to prosecute those who cause trafficking in persons and smuggle
migrants and to promote cooperation among the state parties.

68
 There is a need to get effective responses to both human trafficking and migrant smuggling,
this requires a coordinated and multi-agency approach. The development of policies and action
plans at a national level must be based on an assessment of the context (including the nature
and scope) of threat and existing capacities to respond to it.
The main approach of UNODC towards trafficking in persons is providing an effective
criminal justice response to these crimes. It has been proved that it is a requirement for the
states to strengthen their criminal justice systems to prevent and combat all kinds of serious
crimes and such crimes are generally committed by groups engaging in organised crimes. The
important issued that need addressal are identification, protection, support and access to justice
of the victims of trafficking and protection of the witnesses of such crime. There is a need for
cooperative approach on both national and international level.
The key aim of trafficking in persons protocol is to ensure protection of victims of trafficking
in persons and to be able to do so the victims need to be accurately identified and this can only
be done with the help of police, border control, social services and judicial authorities by
strengthening their capacities to identifying victims through different techniques. After
identification the victims must be protected against their full physical and psychological
recovery with the help of NGOs and other support providers. There is a need for cooperation of
these victims and witnesses and the same can be achieved if there are law enforcement
measures in place to identify, support and assist these people.

➢ Prevention, Investigation and Prosecution

The trafficking protocol is applied to the prevention, investigation and prosecution of protocol
offences but it is only where these offences are transnational in nature and in cases they involve
an organized criminal groups. The state parties are under an obligation to criminalise trafficking
in their national legislations and the facts that crime is transnational or if it involves an organised
crime group are not necessary. The element of transnational nature of the crime and the
involvement of an organised crime group is important only for the application of the
international convention and these elements are of no consequence to the national laws.

69
 The most effective way of countering the trafficking in persons is still considered to be creating
an awareness and it can be done by the following measures-
➢ Create awareness among people about the indicators of human trafficking using websites or
by giving training to the individuals, businesses, first responders, law enforcement, educators and
federal employees among others and by organising various awareness-raising events to watch and
have amicable discussion son trafficking in persons.
➢ There must be various helplines put in place with a 24-hour service so as to enable the people
report an emergency to the law enforcement. The services must be available to not just citizen of
the country but also to anyone else in need and present in the state borders.
➢ There is a need to create consciousness and one must be encourages to inquire into situations
where they may find someone who they think is not working on their own free will.
➢ The communities must be encouraged to volunteer and support for the anti-trafficking measures.
➢ Organization of various fundraisers and charity events for donation of the proceeds to an anti-
trafficking organisation.
➢ Encourage local schools to include human trafficking in the curriculum so as to identify and report
a suspected case of human trafficking and how one should respond to a potential victim.
➢ The workplaces should be trauma informed and the management and human resources team
should urge implementation of trauma informed business practices.
➢ Parents and caregivers should know who to turn to in cases of potentially dangerous situations.
There should be proper community conversations to create awareness.
➢ The advocates offering human trafficking legal services to the victims must be sensitised about
the situations and should also help the victims get in contact with the organisations that can aid them.

70
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