HUMAN

TRAFFICKING

CONTENTS
1: WHAT IS HUMAN TRAFFICKING?
2:ELEMENTS OF HUMAN TRAFFICKING
3:CRIMINALIZATION OF HUMAN TRAFFICKING

PAGES
3
3-4
4

4:FORMS OF EXPLOITATION

4-7

5:STRUCTURAL FACTORS

7-8

POVERTY AND GLOBALIZATION

POLITICAL AND INSTITUTIONAL CHALLENGES
SOCIAL NORMS
COMMERCIAL DEMAND FOR SEX

6:CONSEQUENCES

SHORT TERM PSYCHOLOGICAL IMPACT

LONG TERM PSYCHOLOGICAL IMPACT

7:MEASURES TO PREVENT HUMAN TRAFFICKING AND ITS EFFORTS

10-12

8:HUMAN TRAFFICKING IN INDIA

13-14

9:A HUMAN TRAFFICKING CASE RISES AND CONVICTION COMES DOWN

14

10: US REPORT QUESTIONS INDIAS RECORD IN TACKLING HUMAN

TRAFFICKING

15-16

11:MINISTRY OF HOME AFFAIRS MEASURES ON HUMAN TRAFFICKING

17-18

12:CONCLUSION

19

20:REFERENCES

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What is Human trafficking??

2

Human trafficking is a modern form of slavery. It involves controlling a person through force, fraud, or
coercion to exploit the victim for forced labor, sexual exploitation, or both.
Trafficked man women and children are under the control of another and as a slaves, they are treated
their property and are striped of their rights.
Article 3, paragraph (a) of the Protocal to Prevent, Suppress and Punish Trafficking in Person defines
Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by
means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the
removal of organs.

Elements Of Human Trafficking

On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in
persons has three constituent elements;
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving
payments or benefits to a person in control of the victim
The Purpose (Why it is done)

For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation,
forced labour, slavery or similar practices and the removal of organs.
To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of
trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by
relevant domestic legislation.

Criminalization Of Human Trafficking

The definition contained in article 3 of the Trafficking in Persons Protocol is meant to provide consistency
and consensus around the world on the phenomenon of trafficking in persons. Article 5 therefore requires
that the conduct set out in article 3 be criminalized in domestic legislation. Domestic legislation does not
need to follow the language of the Trafficking in Persons Protocol precisely, but should be adapted in
accordance with domestic legal systems to give effect to the concepts contained in the Protocol.
In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires criminalization
also of:
Attempts to commit a trafficking offence
Participation as an accomplice in such an offence
Organizing or directing others to commit trafficking.
National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The
legislative definition should be dynamic and flexible so as to empower the legislative framework to
respond effectively to trafficking which:
Occurs both across borders and within a country (not just cross-border)
Is for a range of exploitative purposes (not just sexual exploitation)
Victimizes children, women and men (Not just women, or adults, but also men and children)
Takes place with or without the involvement of organized crime groups.

FORMS OF EXPLOITATION
4

Exploitation is the source of profits in trafficking in persons cases, and therefore, the key motivation for
traffickers to carry out their crime. Traffickers, who may be more or less organized, conduct the trafficking
process in order to gain financially from the exploitation of victims. The exploitation may take on a range
of forms, but the principle that the more productive effort traffickers can extract from their victims, the
larger the financial incentive to carry out the trafficking crime, remains. Victims may be subjected to
various types of exploitation. The two most frequently detected types are sexual exploitation and
forced labour. The forced labour category is broad and includes, for example, manufacturing, cleaning,
construction, textile production, catering and domestic servitude, to mention some of the forms that have
been reported to UNODC. Victims may also be trafficked for the purpose of organ removal, or for various
forms of exploitations that are not forced labour, sexual exploitation or organ removal. While among the
detected trafficking victims, sexual exploitation is the largest category, the share of forced labour
detections is increasing. The increasing detections of trafficking for forced labour has been a significant
trend in recent years Trafficking for sexual exploitation is the major detected form of trafficking in persons
in Europe and Central Asia. More than 65 per cent of the victims detected in this region are trafficked for
sexual exploitation. In the subregion of Eastern Europe and Central Asia in particular, sexual exploitation
is frequently detected, accounting for 71 per cent of the victims
Information on the forms of exploitation was provided by 88 countries. It refers to a total of 30,592 victims
of trafficking in persons detected between 2010 and 2012 whose form of exploitation was reported .

forms of exploitation among detected trafficking victims 2011

SEXUAL
EXPLOITATION
53%

FORCED LABOUR
40%

ORGAN SELLING OTHERS 7%

0.3%

Source: UNODC elaboration on national data

While among the detected trafficking victims, sexual exploitation is the largest category, the share of
forced labour detections is increasing. The increasing detections of trafficking for forced labour has been
a significant trend in recent years Trafficking for sexual exploitation is the major detected form of
trafficking in persons in Europe and Central Asia. More than 65 per cent of the victims detected in this
region are trafficked for sexual exploitation. In the subregion of Eastern Europe and Central Asia in
particular, sexual exploitation is frequently detected, accounting for 71 per cent of the victims

Sex Trafficking
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Sex trafficking affects 4.5 million people worldwide, Most victims find themselves in coercive or abusive
situations from which escape is both difficult and dangerous.
Trafficking for sexual exploitation was formerly thought of as the organized movement of people, usually
women, between countries and within countries for sex work with the use of physical coercion, deception
and bondage through forced debt. However, the Trafficking Victims Protection Act of 2000 (US) does
not require movement for the offence. The issue becomes contentious when the element of coercion is
removed from the definition to incorporate facilitation of consensual involvement in prostitution. For
example, in the United Kingdom, the Sexual Offences Act 2003 incorporated trafficking for sexual
exploitation but did not require those committing the offence
to use coercion, deception or force, so that it also includes any person who enters the UK to carry out sex
work with consent as having been "trafficked.In addition, any minor involved in a commercial sex act in
the US while under the age of 18 qualifies as a trafficking victim, even if no force, fraud or coercion is
involved, under the definition of "Severe Forms of Trafficking in Persons" in the US Trafficking Victims
Protection Act of 2000

Forced Marriage
A forced marriage is a marriage where one or both participants are married without their freely given
consent. Servile marriage is defined as a marriage involving a person being sold, transferred or inherited
into that marriage. "Child trafficking for forced marriage is simply another manifestation of trafficking and
is not restricted to particular nationalities or countries".
A forced marriage qualifies as a form of human trafficking in certain situations. If a woman is sent abroad,
forced into the marriage and then repeatedly compelled to engage in sexual conduct with her new
husband, then her experience is that of sex trafficking. If the bride is treated as a domestic servant by her
new husband and/or his family, then this is a form of labor trafficking

For Organ Trade

Trafficking in organs is a form of human trafficking. It can take different forms. In some cases, the victim is
compelled into giving up an organ. In other cases, the victim agrees to sell an organ in exchange of
money/goods, but is not paid (or paid less). Finally, the victim may have the organ removed without the
victim's knowledge (usually when the victim is treated for another medical problem/illness - real or
orchestrated problem/illness). Migrant workers, homeless persons, and illiterate persons are particularly
vulnerable to this form of exploitation. Trafficking of organs is an organized crime, involving several
offenders:

The recruiter
The transporter
The medical staff

The middleman/contracter
The buyer

Trafficking for organ trade often seeks kidneys. Trafficking in organs is a lucrative trade because in many
countries the waiting lists for patients who need transplants are very long.

Structural Factor
Poverty and globalization
Poverty and lack of educational and economic opportunities in one's hometown may lead women to
voluntarily migrate and then be involuntarily trafficked into sex work. As globalization opened up
national borders to greater exchange of goods and capital, labor migration also increased. Less
wealthy countries have fewer options for livable wages. The economic impact of globalization
pushes people to make conscious decisions to migrate and be vulnerable to trafficking. Gender
inequalities that hinder women from participating in the formal sector also push women into informal
sectors

Political and institutional challenges

Corrupt and inadequately trained police officers can be complicit in sex trafficking and/or commit
violence against sex workers, including sex trafficked victims.
Anti-trafficking agendas from different groups can also be in conflict. In the movement for sex workers
rights, sex workers establish unions and organizations, which seek to eliminate trafficking themselves.
However, law enforcement also seek to eliminate trafficking and to prosecute trafficking, and their work
may infringe on sex workers' rights and agency. For example, the sex workers union DMSC (Durbar
Mahila Samanwaya Committee) in Kolkata, India, has "self-regulatory boards" (SRBs) that patrol the red
light districts and assist girls who are underage or trafficked. The union opposes police intervention and
interferes with police efforts to bring minor girls out of brothels, on the grounds that police action might
have an adverse impact on non-trafficked sex workers, especially because police officers in many places
are corrupt and violent in their operations. Critics argue that since sex trafficking is an economic and
violent crime, it calls for law enforcement to intervene and prevent violence against victims.
Difficult political situations such as civil war and social conflict are push factors for migration and
trafficking. A study reported that larger countries, the richest and the poorest countries, and countries with
restricted press freedom are likely to engage in more sex trafficking. Specifically, being in a transitional
economy made a country nineteen times more likely to be ranked in the highest trafficking category, and
gender inequalities in a country's labor market also correlated with higher trafficking rates.

Social norms
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Women and girls are more prone to trafficking also because of social norms that marginalize their value
and status in society. Females face considerable gender discrimination both at home and in school.
Stereotypes that women belong at home in the private sphere and that women are less valuable because
they do not and are not allowed to contribute to formal employment and monetary gains the same way
men do further marginalize women's status relative to men. Some religious beliefs also lead people to
believe that the birth of girls are a result of bad karma, further cementing the belief that girls are not as
valuable as boys. Various social norms contribute to women's inferior position and lack of agency and
knowledge, thus making them vulnerable to exploitation such as sex trafficking

Commercial demand for sex

Abolitionists who seek an end to sex trafficking explain the nature of sex trafficking as an economic supply
and demand model. In this model, male demand for prostitutes leads to a market of sex work, which, in
turn, fosters sex trafficking, the illegal trade and coercion of people into sex work, and pimps and
traffickers become 'distributors' who supply people to be sexually exploited. The demand for sex
trafficking can also be facilitated by some pimps' and traffickers' desire for women whom they can exploit
as workers because they do not require wages, safe working circumstances, and agency in choosing
customers

Consequences
Short-term psychological impact
Perpetrators expose the victim to high amounts of psychological stress induced by threats, fear, and
physical and emotional violence. Tactics of coercion are reportedly used in three phases of trafficking:
recruitment, initiation, and indoctrination.[113] During the initiation phase, traffickers use foot-in-the-door
techniques of persuasion to lead their victims into various trafficking industries. This manipulation creates
an environment where the victim becomes complete dependent upon the authority of the
trafficker.Traffickers take advantage of family dysfunction, homelessness, and history of childhood abuse
to psychologically manipulate women and children into the trafficking industry.
Many women entering into the sex trafficking industry are minors whom have already experienced prior
sexual abuse.] Traffickers take advantage of young girls by luring them into the business through force
and coercion, but more often through false promises of love, security, and protection. This form of
coercion works to recruit and initiate the victim into the life of a sex worker, while also reinforcing a
"trauma bond," also known as Stockholm syndrome. Stockholm syndrome is a psychological response
where the victim becomes attached to her perpetrator.
The goal of a trafficker is to turn a human being into a slave. To do this, perpetrators employ tactics that
can lead to the psychological consequence of learned helplessness for the victims, where they sense that
they no longer have any autonomy or control over their lives. Traffickers may hold their victims captive,
expose them to large amounts of alcohol or use drugs, keep them in isolation, or withhold food or

sleep.During this time the victim often begins to feel the onset of depression, guilt and self-blame, anger
and rage, and sleep disturbances, PTSD, numbing, and extreme stress. Under these pressures, the
victim can fall into the hopeless mental state of learned helplessness
Long-term psychological impact
Human trafficking victims may experience complex trauma as a result of repeated cases of intimate
relationship trauma over long periods of time including, but not limited to, sexual abuse, domestic
violence, forced prostitution, or gang rape. Complex trauma involves multifaceted conditions of
depression, anxiety, self-hatred, dissociation, substance abuse, self-destructive behaviors, medical and
somatic concerns, despair, and re victimization. Psychology researchers report that, although similar to
Post-Traumatic Stress Disorder (PTSD), Complex trauma is more expansive in diagnosis because of the
effects of prolonged trauma
Psychological reviews have shown that the chronic stress experienced by many victims of human
trafficking can compromise the immune system. Several studies found that chronic stressors (like trauma
or loss) suppressed cellular and humoral immunity .Victims may develop STDs and
HIV/AIDS. Perpetrators frequently use substance abuse as a means to control their victims, which leads
to compromised health, self-destructive behavior, and long-term physical harm. Furthermore, victims have
reported treatment similar to torture, where their bodies are broken and beaten into submission

MEASURES TO PREVENT HUMAN TRAFFICKING AND ITS EFFORTS

Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime.

I General provisions
Article 2 Statement of purpose The purposes of this Protocol are: (a) To prevent and combat trafficking in
persons, paying particular attention to women and children; (b) To protect and assist the victims of such
trafficking, with full respect for their human rights; and (c) To promote cooperation among States Parties in
order to meet those objectives.
Article 3 Use of terms For the purposes of this Protocol: (a) Trafficking in persons shall mean the
recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person, for the purpose of exploitation. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour
or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of
a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article

shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The
recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be
considered trafficking in persons even if this does not involve any of the means set forth in
subparagraph (a) of this article; (d) Child shall mean any person under eighteen years of age.
II. Protection of victims of trafficking in persons
Article 6 Assistance to and protection of victims of trafficking in persons 1. In appropriate cases and to
the extent possible under its domestic law, each State Party shall protect the privacy and identity of
victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such
trafficking confidential. 2. Each State Party shall ensure that its domestic legal or administrative system
contains measures that provide to victims of trafficking in persons, in appropriate cases: (a) Information
on relevant court and administrative proceedings; (b) Assistance to enable their views and concerns to be
presented and considered at appropriate stages of criminal proceedings against offenders, in a manner
not prejudicial to the rights of the defence. 3. Each State Party shall consider implementing measures to
provide for the physical, psychological and social recovery of victims of 4 trafficking in persons,
including, in appropriate cases, in cooperation with non-governmental organizations, other relevant
organizations and other elements of civil society, and, in particular, the provision of: (a) Appropriate
housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the
victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and
(d) Employment, educational and training opportunities. 4. Each State Party shall take into account, in
applying the provisions of this article, the age, gender and special needs of victims of trafficking in
persons, in particular the special needs of children, including appropriate housing, education and care. 5.
Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons
while they are within its territory. 6. Each State Party shall ensure that its domestic legal system contains
measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage
suffered. Article 7 Status of victims of trafficking in person

Article 7 Status of victims of trafficking in persons in receiving States .

Article 8 Repatriation of victims of trafficking in persons
III. Prevention, cooperation and other measures
Article 9 Prevention of trafficking in persons 1. States Parties shall establish comprehensive policies,
programmes and other measures: (a) To prevent and combat trafficking in persons; and (b) To protect
victims of trafficking in persons, especially women and children, from revictimization. 2. States Parties
shall endeavour to undertake measures such as research, information and mass media campaigns and
social and economic initiatives to prevent and combat trafficking in persons. 3. Policies, programmes and
other measures established in accordance with this article shall, as appropriate, include cooperation with
non-governmental organizations, other relevant organizations and other elements of civil society. 4.
States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to
alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as
poverty, underdevelopment and lack of equal opportunity. 6 5. States Parties shall adopt or strengthen
legislative or other measures, such as educational, social or cultural measures, including through bilateral
and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons,
especially women and children, that leads to trafficking.

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Article 10 Information exchange and training 1. Law enforcement, immigration or other relevant
authorities of States Parties shall, as appropriate, cooperate with one another by exchanging information,
in accordance with their domestic law, to enable them to determine: (a) Whether individuals crossing or
attempting to cross an international border with travel documents belonging to other persons or without
travel documents are perpetrators or victims of trafficking in persons; (b) The types of travel document
that individuals have used or attempted to use to cross an international border for the purpose of
trafficking in persons; and (c) The means and methods used by organized criminal groups for the purpose
of trafficking in persons, including the recruitment and transportation of victims, routes and links between
and among individuals and groups engaged in such trafficking, and possible measures for detecting them.
2. States Parties shall provide or strengthen training for law enforcement, immigration and other relevant
officials in the prevention of trafficking in persons. The training should focus on methods used in
preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including
protecting the victims from the traffickers. The training should also take into account the need to consider
human rights and child- and gender-sensitive issues and it should encourage cooperation with nongovernmental organizations, other relevant organizations and other elements of civil society. 3. A State
Party that receives information shall comply with any request by the State Party that transmitted the
information that places restrictions on its use.
Article 11 Border measures 1. Without prejudice to international commitments in relation to the free
movement of people, States Parties shall strengthen, to the extent 7 possible, such border controls as
may be necessary to prevent and detect trafficking in persons. 2. Each State Party shall adopt legislative
or other appropriate measures to prevent, to the extent possible, means of transport operated by
commercial carriers from being used in the commission of offences established in accordance with article
5 of this Protocol. 3. Where appropriate, and without prejudice to applicable international conventions,
such measures shall include establishing the obligation of commercial carriers, including any
transportation company or the owner or operator of any means of transport, to ascertain that all
passengers are in possession of the travel documents required for entry into the receiving State. 4. Each
State Party shall take the necessary measures, in accordance with its domestic law, to provide for
sanctions in cases of violation of the obligation set forth in paragraph 3 of this article. 5. Each State Party
shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or
revocation of visas of persons implicated in the commission of offences established in accordance with
this Protocol. 6. Without prejudice to article 27 of the Convention, States Parties shall consider
strengthening cooperation among border control agencies by, inter alia, establishing and maintaining
direct channels of communication.
Article 12 Security and control of documents Each State Party shall take such measures as may be
necessary, within available means: (a) To ensure that travel or identity documents issued by it are of such
quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated
or issued; and (b) To ensure the integrity and security of travel or identity documents issued by or on
behalf of the State Party and to prevent their unlawful creation, issuance and use.
Article 13 Legitimacy and validity of documents At the request of another State Party, a State Party shall,
in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or
identity documents issued or purported 8 to have been issued in its name and suspected of being
used for trafficking in persons.

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HUMAN TRAFFICKING IN INDIA

Human trafficking is the third largest organized crime after drugs and the arms trade across the globe.
According to the definition of the United Nations trafficking is any activity leading to recruitment,
transportation, harbouring or receipt of persons, by means of threat or use of force or a position of
vulnerability. Close to 80% of the human trafficking across the world is done for sexual exploitation and
the rest is for bonded labor and India is considered as the hub of this crime in Asia. As per the statistics of
the government in every eight minutes a child goes missing in our country. In 2011 about 35,000
children were reported missing and more than 11,000 out of these were from West Bengal. Further, it is
assumed that only 30% of the total cases are reported, so the actual number is pretty high.
Human trafficking is one of the major problems in India. Till date no concrete study has been conducted
so far to know the exact number of trafficked kids in India. The New York Times has reported on the
widespread problem of human trafficking in India especially in the state of Jharkhand. Also in the report it
is stated that young girls are trafficked from neighboring Nepal to India. In another article published in The
Times of India Karnataka is the third state in India for human trafficking. Other South Indian states are
also the most sought after destinations for human trafficking. Every year more than 300 such cases are
reported in each of the four south Indian states. Whereas West Bengal and Bihar, on an average have
100 such cases each year. As per the data, more than half of the human trafficking cases are from these
states. According to the latest report on human trafficking by the United Nations Office on Drugs and
Crime reveals that Tamil Nadu has 528 such cases of human trafficking in 2012. The number is really high
and more than any other state except for West Bengal (549). As per the data from Home Ministry, 1379
cases of human trafficking were reported from Karnataka in the period of four years, in Tamil Nadu the
number is 2,244 whereas Andhra Pradesh has 2,157 cases of human trafficking. Recently 300 bonded
labourers in Bangalore have been rescued. According to an article in Firstpost, Delhi is the hub of human
trafficking trade in India and half of the worlds slaves live in India. Delhi is the hotspot for illegal trade of
young girls for domestic labour, forced marriage and prostitution. Delhi is also the transit point for human
trafficking.

kids especially girl and young women, mostly from northeast are taken from their homes and sold in
faraway states of india for sexual exploitation and to work as bonded labour by the agents who lure their
parents with education, better life, and money for these kids . agents do not send these kids to school but
sell them to work in brick kilns, carpentry units, as domestic servants, beggars etc. whereas girls are
trafficked for the purpose of sexual exploitation. even these girls are forced to marry in certain regions
where female to male sex ratio is highly disturbed. children from tribal areas are at greater risk of human
trafficking. recently there were cases of human trafficking in which most of the children were from the kuki
tribe in manipurs tamenglong district. reason for this was the tribal clashes that let the human trafficking
to prosper. conflict between the kukis and nagas tribe in northeast region between 1992 and 1997 left
many kids homeless. these kids were taken by agents to the other parts of the country
Why Human Trafficking increasing in India?

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Fundamental theory of demand and supply is applicable to this situation as well. Men for work generally
migrate to major commercial cities and from here the demand for commercial sex is created. To fulfill the
supply all sorts of efforts are made by the suppliers like abduction etc. Young girls and women belonging
to poor families are at higher risk.
Then comes the economic injustice and poverty. If you are born to a poor family in Northeastern state of
India then you are at a higher risk of being sold. If you are born to a poor family and a girl then these
chances further increases. Sometimes parents are also desperate to sell their daughters to earn money.
Social inequality, regional gender preference, imbalance and corruption are the other leading causes of
human trafficking in India.
Parents in tribal areas think that sending their kids means a better life in terms of education and safety.
Parents also pay about Rs 6000-7000 to these agents for food and shelter.

A human trafficking cases rise, convictions come down

A few weeks ago, the CBI unearthed information about a human trafficking racket, and estimated that
around 8000 women were transported to Dubai using Delhi as a transit point. There were reports about a
man who trafficked 5000 tribal kids from the remotest areas of Jharkhand.
Such cases highlight the ever growing problem of human trafficking in India. As per data from National
Crime Records Bureau (NCRB), the number of registered human trafficking cases has increased by
38.3% over five years from 2,848 in 2009 to 3,940 in 2013. The conviction rate for such cases has
declined 45%, from 1,279 in 2009 to 702 in 2013.
The data further reveals that in 2013, maximum crimes (65.5%) were registered under the Immoral Traffic
Prevention Act 1956 whereas Procuration of Minor Girls (Sec 366-A) accounted for 31.1% of the crimes.
Looking at the crime trends over the past five years presents an extremely worrying picture. It discloses
that the cases under Sec 366-A have surged dramatically by 416% over five years, from 237 in 2009 to
1224 in 2013, which means that minor girls are becoming increasingly vulnerable.
West Bengal is the hub of human trafficking in India. It had the maximum human trafficking cases (669)
amongst all states in India in 2013, followed by Tamil Nadu, Andhra Pradesh, Karnataka and

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Maharashtra.

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US report questions Indias record in tackling human-trafficking

A US state department India over its failure to check human trafficking and forced labour, saying several
of Indias anti-human trafficking units are not functioning while official victim care services are unable to
cope with the scale of the problem.
The 2015 Trafficking in Persons report said that the Indian governments law enforcement progress was
unknown as authorities did not provide adequate, disaggregated anti-trafficking data.
The National Crimes Record Bureau (NCRB) data released does not specify the number of
investigations, prosecutions, or convictions carried out by the government and potentially included the
governments penalization of victims in the statistics, as the Immoral Traffic (Prevention) Act criminalizes
soliciting clients for prostitution and screening for sex-trafficking victims is not consistently applied, the
report said.
India does not make the grade as far as the USs most comprehensive anti-trafficking law is concerned.
The US classes countries that fully comply with its Trafficking Victims Protection Acts (TVPA) minimum
standards as Tier-I nations. India is among Tier-II countries, which do not fully comply with the TVPAs
minimum standards but are making significant efforts to bring themselves into compliance.
The report said 90% of Indias human trafficking is internal, with lower castes and religious minorities the
most vulnerable, and official complicity in such cases remains a serious concern.
Trafficking within India continues to rise due to increased mobility and growth in industries utilizing forced
labour, such as construction, steel, textiles, wire manufacturing for underground cables, biscuit factories,
pickling, floriculture, fish farms, and boat cutting, report said.
The main destinations for trafficking women are Delhi, Mumbai, Kolkata, Gujarat and along the IndoNepal border.
Section 370 of the Indian Penal Code (IPC) prohibits most forms of sex trafficking and prescribes
penalties ranging from seven years to life imprisonment. It also criminalizes government officials
involvement in human trafficking, prescribing sentences of up to life imprisonment. India also prohibits
many forms of forced labour through Bonded Labour System (Abolition) Act, the Child Labour (Prohibition

15

and Regulation) Act, the Juvenile Justice Act, and other provisions of the IPC. But the report says, these
provisions were unevenly enforced and their prescribed penalties are not sufficiently stringent.
Unregulated work placement agencies lure adults and children for sex trafficking or forced labour,
including domestic servitude, with false promises of employment. Traffickers also pose as matchmakers,
arranging sham marriages within India or in Gulf states, and then subject women and girls to sex
trafficking. Nearly 75% of Indian states have what government data define as a high concentration of
women engaged in sex trade.
A report on labour trafficking by Global March Against Child Labour, a global movement against child
labour and trafficking, finds that 60% of rescued victims of commercial sexual exploitation said they had
left home in search of jobs. However, 40% were duped with false promises of marriage, love and a better
life, or were kidnapped, as quoted by Mints series on human trafficking last year.
The US report released on Monday specifically pointed to cases in Tamil Nadu, saying conditions
amounting to forced labour may be present in the practice of sumangali, a form of child labour in which
employers pay young girls a lump sum to be used as dowry at the end of three years of work. It also said
children as young as six, are forcibly removed from their families and used by terrorist groups, such as
the Maoists in Bihar, Chhattisgarh, Jharkhand, Maharashtra, West Bengal, and Odisha, to act as spies
and couriers, plant improvised explosive devices, and fight against government.
A large number of Nepali, Afghan and Bangladeshi females the majority of whom are childrenand
women and girls from Asia and Eurasia are also subjected to sex trafficking in India, the report said.The
report makes several recommendations to the Indian government, including increasing prosecutions and
convictions for all forms of trafficking, increasing prosecutions of officials allegedly complicit in trafficking,
and fully capacitating anti-human trafficking units by providing dedicated and trained staff. It also stressed
the need to improve central and state government implementation of protection programmes and
compensation schemes to ensure victims receive benefits and rehabilitation funds.

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MINISTRY OF HOME AFFAIRS MEASURES ON HUMAN TRAFFICKING

Besides the above administrative measures specific legislations have been enacted relating to trafficking
in women and children , e.g. Immoral Traffic (Prevention) Act, 1956, Prohibition of Child Marriage Act,
2006, Bonded Labour System (Abolition) Act, 1976, Child Labour (Prohibition and Regulation) Act, 1986,
Transplantation of Human Organs Act, 1994, apart from specific Sections in the IPC, e.g. Sections 372
and 373 dealing with selling and buying of girls for the purposes of prostitution.
Criminal Law (Amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal Code
has been substituted with new Section 370 and 370 A of the IPC which provide for comprehensive
measures to counter the menace of human trafficking including trafficking of children for exploitation in
any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced
removal of organs. Protection of Children from Sexual Offences (POCSO) Act, 2012, which has come into
effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation. It
provides precise definitions for different forms of sexual abuse, including penetrative and nonpenetrative
sexual assault and sexual harassment. Ministry of Women and Child Development is implementing
Ujjawala a Comprehensive Scheme for Prevention of Trafficking and Rescue, Rehabilitation, Reintegration and Repatriation of Victims of Trafficking for Commercial Sexual Exploitation. It provides for
shelter, food, clothing, counseling, medical care, legal and other support, vocational training and income
generation activities for victims. Trafficked victims are also given shelter in Short Stay Homes and
Swadhar Homes for women in difficult circumstances. The integrated Child Protection Scheme(ICPS)
extend emergency outreach services through Childline toll free number 1098, open shelters for children in
need in urban and semi urban areas, support for family based non-institutional care through sponsorship,
foster care, adoption and after care and institutional care for children and juveniles. Ministry of Women
and Child Development has also formulated a protocol for Pre-rescue, Rescue and Post-rescue
operations of child victims of trafficking for the purpose of Commercial Sexual Exploitation.
http://mha1.nic.in/par2013/par2014-pdfs/ls-050814/LS%203655.pdf

Laws
1. The Sexual harassment of Women at Workplace (Prevention , Prohibition and Redressal) Act, 2013
2. The Protection of Children from Sexual Offences Act, 2012
3. The Criminal Law (Amendment) Act, 2013

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4. The Immoral Traffic (Prevention) Act, 1956

5. The Juvenile Justice (Care and Protection of Children) Act, 2000
6. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006
7. The Child Marriage Restriant Act, 1929
8. The Dowry Prohibition Act, 1961
9. The Commission of Sati (Prevention) Act, 1987
10. The Indecent Representation of Women (Prohibition) Act, 1986
11. The Child Labour (Prohibition and Regualtion) Act, 1986 and Rules
12. The Minimum Wages Act, 1948
13. The Foreigners Act, 1946
14. Maharashtra Control of Organised Crime Act, 1999 (MCOCA)

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CONCLUSION
The human trafficking issues is a humanities issue which usually occurs in backward countries
where it involves the poor exploited by those who initially promised income if they been accepted
for work place and in accordance with the sector and where they live and narrowness needed. The
poor usually have complex financial problems, and this makes them willing to place themselves in
anywhere without investigating the background and basic information that what will be their job.
Furthermore, they are also lack of knowledge because ignorance about their rights and the
importance of understanding how to defend themselves from deceived cause they are unable to
get out when hit by this problem. At the same time also, they are lack of exposure, and they are
more easily cheated. Thus, measures the best solution is comprehensive, especially the
involvement of government in formulating and drafting laws that can protect people from falling
prey to problems. Moreover, the involvement of NGOs in helping the government solve this
problem is appropriate and timely because the NGOs can carry out the duties that can not be
carried out by Government. This issue will only be done if all the emphasis and direct assistance
whether in terms of moral and financial, and suggestions with combating this commercial crimes.

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REFERENCES
1. https://en.wikipedia.org/wiki/Human_trafficking

2. https://www.unodc.org/documents/Global_Report_on_TIP.pdf
3. https://www.unodc.org/unodc/en/human-trafficking/what-is-humantrafficking.html
4. https://traffickingnews.wordpress.com/page/10
5. http://www.livemint.com/Politics/zWL8MAcZqS09qc9sD6w82K/US-reportquestions-Indias-record-in-tackling-humantraffic.html
6. http://www.mapsofindia.com/my-india/society/human-trafficking-in-indiamust-end
7. http://indianexpress.com/article/india/india-others/the-numbers-story-ahuman-trafficking-cases-rise-convictions-come-down/
8. stophumantrafficking-mha.nic.in/forms/Mainlinks.aspx?lid=4
9. http://www.youthkiawaaz.com/2011/01/human-trafficking-in-india
10. http://stophumantrafficking-mha.nic.in/forms/Sublink1.aspx?lid=256
11. http://mha1.nic.in/par2013/par2014-pdfs/ls-050814/LS%203655.pdf

12.

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