human trafficking essay upsc

Human Trafficking: Explained

Last Updated on Jan 5, 2024

Context: A case study about trafficked women of Sundarban, West Bengal. As children, these women were trafficked. Their panicked parents went to the police for help, but once they were rescued, they were no longer accepted into the communities they left.

Human Trafficking

As per the United Nations Office on Drugs and Crime (UNODC)

Human Trafficking is the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.
Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world.
The traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims.

Status (World and India)

As per the A Global Report on Trafficking in Persons (UNODC)

The most common form of human trafficking (79%) is sexual exploitation . The victims of sexual exploitation are predominantly women and girls.
The second most common form of human trafficking is forced labour (18%)
Worldwide, almost 20% of all trafficking victims are children . However, in some parts of Africa and the Mekong region, children are the majority (up to 100% in parts of West Africa).

As per NCRB (2022)

As many as 6,036 victims were trafficked . This involved 2,878 children and 3,158 adults.

Challenges pertaining to curbing the Human trafficking

Poverty and Unemployment: Economic hardships and lack of employment opportunities contribute to vulnerability. Lack of opportunity and better life prospect make them susceptible to fall for lure of money.
Lack of Awareness: Limited awareness among the general public, especially in rural areas, about the issue of human trafficking results in many people (including potential victims) failing in recognizing the signs or understand the risks, thus falling prey.
Poor Implementation of Provisions and laws: While India has laws in place to combat human trafficking, there are challenges in the effective implementation and enforcement of these laws. Legal loopholes and delays in the judicial process can hinder the prosecution of traffickers which leads to traffickers evading justice. Thus these provisions fail to act as deterrents.
Cross-Border Trafficking: India shares borders with several countries, and cross-border trafficking is a significant challenge. Lack of Coordination and cooperation between neighbouring countries affect the efforts of combating trafficking networks that operate across borders.
Cyber Trafficking: The increasing use of technology has led to the emergence of cyber trafficking, where traffickers exploit online platforms to lure and exploit victims.
Gender disparity: Gender-based discrimination and inequality contribute to the vulnerability of women and girls to trafficking.
Victim Stigmatization: Victims of human trafficking often face social stigma and discrimination, making it difficult for them to reintegrate into society. This can result in underreporting of cases and a lack of cooperation from victims in legal proceedings.
Data Collection and Reporting: Incomplete or unreliable data on human trafficking makes it challenging to assess the full extent of the problem and implement targeted interventions.
Demand for cheap labour and Services: Persistent demand from various sections of society for cheap and exploitative services acts a fuel for sustenance of such practices.

Relation between Human Trafficking and organised crime

Human trafficking and organized crime share a symbiotic relationship , as criminal networks frequently exploit individuals for profit. These networks engage in diverse criminal activities, such as drug trafficking, arms smuggling, and money laundering , leveraging human trafficking as a lucrative enterprise.
Traffickers often operate within sophisticated, transnational structures that facilitate the recruitment, transportation, and exploitation of victims.
The organized nature of these operations enables traffickers to evade law enforcement, navigate international borders, and adapt to changing circumstances.
The profitability and relatively low risk associated with human trafficking make it an attractive component of organized crime portfolios, perpetuating a cycle of criminality and exploitation.

Constitutional & Legislative Provisions Related to Trafficking in India

Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 (1)
The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation.
Criminal Law (amendment) Act 2013 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 , is a special law to protect children from sexual abuse and exploitation.
There are other specific legislations enacted relating to trafficking in women and children like 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 deal with selling and buying of girls for the purpose of prostitution.

Administrative measures and interventions

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

International Conventions on Trafficking

UN Convention: India has ratified the United Nations Convention on Transnational Organized Crime (UNCTOC) which has as one of its Protocols Prevention, Suppression and Punishment of Trafficking in Persons, particularly Women and Children.
Various actions have been taken to implement the convention and as per Protocol, The Criminal Law Amendment Act, 2013 has been enacted wherein human trafficking has specifically been defined.
SAARC Convention: India has ratified the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.
Bilateral mechanism : For dealing with cross border trafficking and to address the various issues relating to prevention of Trafficking, a Task Force of India and Bangladesh was constituted.

Way forward

Roles of state.

There should be a mandatory high-quality schooling, income generation and job opportunities.
Members of law enforcement agencies must be sensitized to ensure effective and efficient implementations of laws and regulations.
The judiciary must act proactively to expedite the decisions on cases so that prosecution can act as a deterrent.
A prevention mechanism should be implemented between various nations to help the two countries deter trafficking.

Inclusion of civil society and NGOs

The community ought to track the movement of children victims in the trafficker region with vigilance. They should take active step in educating parents to ensure that they are aware about the safe migration practice.

Role of Media

Media has a very important role in transmitting the appropriate message to the victim to ensure that they have a backup and are not alone.
They should release programmes to enable citizens to take help of places and institutions to seek help in case if they are victimized.
Media should take responsibility for spreading education and awareness that human trafficking is unlawful and inappropriate and that it has serious consequences

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Human trafficking:

GS Paper 2:

Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Details of the conviction of cases involving human trafficking were recently shared in Parliament.

Key findings:

The conviction rate in human trafficking cases has been declining over the past four years. It has dropped from 27.8% in 2016 to 10.6% in 2020.
The number of Anti Human Trafficking Units (AHTU) in the country has increased to 696.

What’s the issue?

Absence of a strong and robust mechanism to investigate human trafficking cases often span across state borders leading to acquittal of traffickers across the country.

Need of the hour:

The conviction rate will remain low unless India has a comprehensive legislation that provides for a strong investigation mechanism clarifying the roles and responsibilities of investigating agencies such as AHTUs and the NIA (National Investigation Agency).

Efforts by the Government in this regard:

The Ministry of Women and Child Welfare has prepared the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.

Highlights of the Bill:

The bill proposes stringent punishments for offenders, including hefty fines and seizing of their properties.
The Bill also extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking .
The draft also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.
Exploitation has been defined to include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation including pornography, any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs etc.

Applicability- The law will extend to:

All citizens inside as well as outside India.
Persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be.
A foreign national or a stateless person who has his or her residence in India at the time of commission of offence under this Act.
Every offence of trafficking in persons with cross-border implications.
Defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.

What are the constitutional & legislative provisions related to Trafficking in India?

Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 (1).
The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation.
Criminal Law (amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking.

Trafficking in Persons report 2021:

According to the Trafficking in Persons report 2021, released by the US State Department, the Covid-19 pandemic has resulted in an increase in vulnerability to human trafficking and interrupted existing anti-traffic efforts.
While India did not meet the minimum standards to eliminate trafficking, the government was making significant efforts, although these were inadequate, especially when it came to bonded labour.

Insta Curious:

Do you know about the Blue Heart Campaign by the UN? Read Here

Anti Human Trafficking Units (AHTU) are specialized investigation units with the law enforcement that were created upon the directive of the Ministry of Home Affairs in 2008, by state governments in their respective states.

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